Bonum Certa Men Certa

Patents Roundup: Alice Decision Still Upsets Patent Lawyers, Microsoft AstroTurf Group Lobbies on FRAND, Google and Red Hat Recalled

Korean money



Summary: The reaction of patent profiteers to scope/boundary restrictions, the FRAND lobby by Microsoft's longtime front group, FRAND matters in Korea (affecting Android), Google's response to patent threats, and Red Hat still keeping quiet about its patent agreement with Microsoft

THERE is nothing exceptionally surprising in the news today, so we are going to focus on the EPO, which is in a very poor state right now. The management is so frail that the only language it understand is aggression. We shall write several articles about it this afternoon. Before we start, however, here is a potpourri of updates about the patent situation and how it relates to Free/Open Source software (FOSS).

"When they say "patent world" they mean the corners of the world where people pursue patents -- those who try to profit from patents without necessarily creating anything."Patent lawyers' Web sites are still bemoaning the death of many software patents in the United States (death by Alice). One of the better known ones says that "many software patent holders must feel ─ like they were walking along merrily through the woods when they fell suddenly into a blinding, winding rabbit hole. Where once their patents stood bold and tall, they have now shrunk to a seemingly indefensible size. Whether they can defend their so-called “abstract” patents in court is now as unclear as the Mad Hatter’s riddles. The famed Alice decision has certainly left many in the patent world wondering."

When they say "patent world" they mean the corners of the world where people pursue patents -- those who try to profit from patents without necessarily creating anything.

Remember FRAND lobbying in Europe back in the days (nearly a decade ago)? Well, ACT's new face just got mentioned by another who was paid by Microsoft, and also regularly pushes along the FRAND front (against FOSS, relying on Korea at the moment). "ACT | The App Association," he explained, "has announced a new web resource for innovators, policy-makers, and academics. It's called All Things FRAND and supported by significant players including Cisco, Intel, and Microsoft. ACT is headquartered in the U.S. but also quite active abroad."

Well, historically ACT had been little more than a Microsoft lobbyist. Then there is CCIA, which seemingly changed its position after being paid a lot of money by Microsoft. CCIA's Matt Levy, who now runs an anti-trolls site, has just released this new video. Don't expect Levy to criticise CCIA's funders, which include Microsoft. This monopolist, Microsoft, is acting in ways that resemble patent trolls.

"Well, right now many of the "bad guys" also use FRAND against Android, which Google distributes as Free/Open Source software."Google, in the mean time, claims to be against patent trolls. As IEEE Spectrum put it some weeks ago: "Google’s Patent Purchase Promotion, which the company says received “thousands” of submissions during a three-week window, may prompt similar experiments in keeping patents out of the hands of what it considers the bad guys of intellectual property."

Well, right now many of the "bad guys" also use FRAND against Android, which Google distributes as Free/Open Source software.

In other news, we are still pressuring Red Hat to reveal what it did with Microsoft regarding patents. We haven't forgotten about this and we are not going to give up. The Free/Open Source software world deserves some answers.

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