Bonum Certa Men Certa

Patents Wrath Escalated to President Obama

Obama



Summary: Patents are viewed as anti-competitive and Verizon’s Chief Counsel asks the President of the United States to address the problem

UNHAPPY with the USPTO, more and more companies -- not just individuals -- rant in public. Novell has been mentioned quite a bit in relation to the Motorola patents (Mobility) sale because in both cases companies were valued not for real property but for monopolies they received from the government. In Novell's case, the patents went into CPTN, which Microsoft and Apple would use for anti-competitive purposes. In fact, around the time of the Motorola-Google agreement there were several articles from reputable source calling patents "anti-competitive", referencing Google's allegations including exact quotes [1, 2]. Another large party that engages in this anti-competitive war is Oracle, which Groklaw keeps tracking because of the anti-Android lawsuit. As we have shown here many times before, Microsoft-connected (via IV) patent trolls also launch lawsuits against Android developers, so the EFF organises an event which will inform them. To quote:



As you probably know, we’ve been closely following the Lodsys mess and watching as the patent troll asserts its patents against companies large and small, and — famously and most egregiously — against small app developers. Large companies such as Best Buy, CVS, and the New York Times Company are fighting Lodsys in court (and challenging the validity of its patents). But those lawsuits could take years. In the meantime, app developers all over the world, many of who cannot afford legal counsel, face the uncertainty long-felt by the victims of patent trolls and are left wondering what they can and should do to protect themselves.


Microsoft is meanwhile getting more patents on tablets and the New York Times does its usual thing by batting for Apple's patents, praising those with Jobs' name on them. To quote the heading paragraph:

The 313 Apple patents that list Steven P. Jobs among the group of inventors offer a glimpse at his legendary say over the minute details of the company’s products — from the company’s iconic computer cases to the glass staircases that are featured in many Apple stores


A lot of people may not remember it, but Apple's eagerness to sue iPhone competitors using patents was first seen coming from Cook (Apple's new CEO), who issued a veiled threat to Palm after they had unveiled WebOS. This was so serious that it later led to a formal complaint to the US government. We do not expect Apple to be any gentler after Jobs' distancing from the company. Apple cannot compete so fairly anymore. Linux is catching up in terms of market share, having already outpaced Apple features-wise. First it happened in phones and now it happens in tablets.

"Linux is catching up in terms of market share, having already outpaced Apple features-wise."Here is a good visual overview which shows what has happened in the market due to patents. This has clearly gone out of control and helped the exclusion of small players (or those without many patents). It also became a breeding group for parasitic entities. Well, citing this analysis, a Microsoft-friendly site says that someone "even thinks that we are in the middle of a patent bubble."

It also says: "Software patents often cover a very broad scope, while they should be more concrete and narrow. This is due to the fact that large organizations are increasingly using them for legal warfare. Such abuse of patents prevents innovation instead of enforcing it. And even worse, smaller companies or indivduals cannot afford the time and money for a patent lawsuit. Eventually, software patents enforce monopolies. To give an impression: An Android phone covers around 250.000 patents according to Google."

Realising that something is clearly amiss here (too much counter-productive tension and aggression), the Chief Counsel of Verizon is calling for Obama to step in. As one site puts it: "Recently, all of the major players in the smartphone industry have been tied up in patent wars. Apple, Google, Research In Motion (Blackberry), and Microsoft. Even hardware manufacturers like Samsung, HTC, and Motorola have seen their fair share of patent warfare this year. Each small judgement in court continues to highlight the ongoing ‘Google vs. Apple’ battle.

"Google has been a dark horse in the smartphone industry as it is seemingly giving away its Android software for free. Google also holds a huge advantage over its competition with the enormous amount of advertising revenue it brings in from its search engine. Google uses this revenue as a way to create profit from its software inventions. Because of this advantage, most of the smartphone industry looks to Google as an undeniable freight train, patents or no patents. Which brings us to why Apple is putting up the biggest fight."

Here is another new piece of criticism about the system. It states the following:

The state of Intellectual Property (IP) in general (copyrights, patents, trademarks) has gotten stupidly bad over the last few years. Systems that were created to encourage innovation with the public as the benefactor have got turned completely on their heads; today the systems stifle creativity, benefit big corporations solely, and harm society. As a Linux user this isn't news to you, I'm sure. But I'll bet your neighbor doesn't really know how bad it is, or might even think the system is “working”. How do we wake the general public up?

My goal here is not to explain what is wrong with current IP laws. That's covered quite well on other sites, like Techdirt and the Deeplinks Blog by the Electronic Frontier Foundation. Those are great resources for someone who really wants to delve into the mess that is IP regulation, but is probably a little more than your typical layperson can digest.


With the increasing realisation that patents are just over-hyped and actually quite harmful, change is likely to happen. Will Obama bring it?

Comments

Recent Techrights' Posts

Links 03/11/2025: Internet Anniversary
Links for the day
Two Years of Uptime
Reboots are seldom involuntary
Richard Stallman is Giving Another Talk in Less Than a Fortnight
in two weeks' time (13 days from now)
Windows Falls Below 20% in the UK
Many people choose to leave Windows altogether
Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
what can Microsoft sell other than shares in Microsoft?
Evidence Regarding Layoffs at Red Hat
Seems like IBM layoffs
Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
Hallmark of pseudo-economics
GNU/Linux as a Boarding Pass
being mostly analogue is still feasible
Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
Links for the day
Gemini Links 03/11/2025: Books in October and Change
Links for the day
Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
The Web has become monocultural
Debian is Non-Free
Devuan might be worth looking into
Slopwatch: Brian Fagioli and LinuxSecurity
This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
Today we expect to be back to a more-or-less regular publication pace
Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 02, 2025
IRC logs for Sunday, November 02, 2025
Microsoft's Debt Has Skyrocketed by More Than 15 Billion Dollars in 6 Months or 8.2 Billion Dollars in the Past 3 Months Alone
The corporate media intentionally disregards - or merely turns a blind eye to - such data
Rumour: IBM Layoffs in Canada Starting Tomorrow
"RA (IBM's term for layoffs) Coming to Canada this week (Nov 3rd)"
Debunking False/Misleading Statements Made or Told to the High Court
People who try to cheat the system by gaslighting judges will end up discrediting themselves
Fear, Uncertainty, Doubt (FUD) by LLM Slop
The Web has become such a sordid mess that this FUD made by bots is what Google News deems to be "the news"
This Month's Analytics Show Vista 11 Down, GNU/Linux Up
After pulling the plug on Vista 10 we see losses - not gains - for Vista 11
Almost Fully Caught Up
The EPO series will continue very soon, maybe tomorrow or on Tuesday
Links 02/11/2025: Another Halloween Bust and MAGA Regime Says Public Universities Should No Longer Hire 'Foreign' Employees
Links for the day
The Long-Coveted Milestone of 3,200 Active Gemini Capsules
Despite being away some days last week, about 50,000 Gemini requests were served each day, on average
Five More Days Till Techrights Party
We'll have many more batches of Daily Links as we catch up with a 'backlog' of news
Links 02/11/2025: More Nuclear Escalations and "Anti-Cybercrime Laws Are Being Weaponized to Repress Journalism"
Links for the day
Gemini Links 02/11/2025: "The Pragmatic Programmer", Perl New Features and Foostats
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 01, 2025
IRC logs for Saturday, November 01, 2025
Linux.com is Becoming Microsoft
They took a once-reputable site with a vast audience and turned it into a pile of trash
Microsoft Lunduke: People Pointing Out I'm a Bigot is a Badge of Honour
It's almost as if he openly admits being a troll and is proud of it
Oracle's Debt Continues Rising to All-Time Highs, The "Slop Bubble" is a Smokescreen for Larry Ellison
wishful-thinking bubble waiting to implode completely
News on the Web is Becoming Rare, Shallow, and Difficult to Find
To efficiently and rapidly find original and important news without underlying comprehension/understanding of the news (and its context) is a hard task
Slopwatch: Linux Journal, Serial Slopper, WebProNews, and More
getting back into the habit
The Cocaine Patent Office - Part III: European Patent Office Officials Cannot Claim False Identification
Corroborating with other sources is always desirable if possible. We shall do so later in this series.
Facebook's Debt Leaps to Over 51 Billion Dollars
A lot of this is a bubble, aside from the bubble the media irresponsibly dubs "AI"
Still Catching Up, Daily Links a Top Priority
Readers who have additional information about the EPO can send it along to us
3 Days Ago Over at Tux Machines...
GNU/Linux news
Links 01/11/2025: "Americans Are Defaulting on Car Loans at an Alarming Rate" While Many Left to Starve (SNAP)
Links for the day
Gemini Links 01/11/2025: FIFO and Gemini Age Survey
Links for the day
Why Does German Media Protect the EPO From Accountability for Cocaine?
Can we trust such media to properly inform the public?
Most of This Month Will Deal With EPO Scandals
A timeline of sorts
Links 01/11/2025: Microsoft Azure Goes Offline Again
Links for the day
Links 01/11/2025: Microsoft Distributes Malware Again, Radio Free Asia Shut Down by Dictator
Links for the day
November is Here, Anniversary Party This Coming Friday
Expect this site to return to its normal publication pace either by tomorrow or Monday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 31, 2025
IRC logs for Friday, October 31, 2025
Gemini Links 01/11/2025: Synergetic Disinformation and Software Maintenance
Links for the day
IRC Proceedings: Thursday, October 30, 2025
IRC logs for Thursday, October 30, 2025
IRC Proceedings: Wednesday, October 29, 2025
IRC logs for Wednesday, October 29, 2025