“My message to the patent world is: Either get back to the doctrines of forces of nature or face the elimination of your system.”—Hartmut Pilch, Paraflows 06
Acacia, a highly active patent troll that attacked Free software [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11], has just found a new creature to bite. Dell is paying Acacia some ‘protection money’.
Acacia Research Corporation (Nasdaq: ACTG) announced today that its subsidiary, International Printer Corporation, has entered into a settlement and license agreement with Dell Inc. (Nasdaq: DELL) covering a patent portfolio that relates to networkable multifunction printer technology. This agreement resolves patent litigation that was pending in the United States District Court for the Eastern District of Texas against Dell. International Printer Corporation has also entered into a license agreement with Lexmark International, Inc. (NYSE: LXK) covering the same technology portfolio.
This is very disturbing because any conceivable idea that’s implemented in software seems to be assigned to someone. Even if the patent is not granted to a patent troll it can easily have its ownership passed. Patents, i.e. ideas, can be bought and sold, which may seem bizarre to outsider. It makes harvesting of imaginary property (or “bubbles”) possible and even trivial.
Global IP network operator Global Crossing has settled a patent suit relating to interactive voice applications with Ronald A Katz Technology Licensing.
It delivers a dangerous message to the world when these musketeers get their way. It demonstrates that patents abuse pays off; it pays, literally.
One reader has just found another genuine, yet horrible, software patent. Even online dating sites are now a patent minefield. (mind emphasis)
The site and its powerful tools are ideal for all types of single parents who want to give online dating a try. The site allows members to remain completely anonymous and safeguards all personal information, letting members flirt and interact freely through the use of their patented technology. They can use comprehensive search tools to find others. Followed then by chats, messaging and or the VOIP phone and anonymous text messaging service to get the conversation started.
Virtual world too have patents assigned to them, which is rather absurd because they are in many ways analogous to real world situations.
$50,000 Reward Offered For Proof Worlds.Com Patent Lawsuit Is Bogus
Virtual worlds — or more broadly, 3D online spaces — have been around for a long time. But last month, worlds.com hired lawyers to enforce a patent for the idea, claiming they invented the concept back in 1995. The first target for lawsuits: NCSoft, the Korean company behind games like World of Warcraft-wannabe “Guild Wars.”
There are many people who want to see the end of this madness. In fact, an entire conference is intended to address the issue of patent reforms.
CONFERENCE ON PATENT REFORMS
26 and 27 March 2009
On 26 and 27 March 2009, TILEC – Tilburg Law and Economics Center – hosts an international Conference on Patent Reforms in Hotel Krasnapolsky, Amsterdam. The conference features internationally renowned speakers and intends to foster discussion on patents, innovation and competition policy between lawyers, economists and practitioners.
How long can a crazy patent system last? Too many people have begun realising what’s going on, so this scam may be short lived. █
“Staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money.
“One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.”
SOME days ago we wrote about Microsoft’s dumping techniques (Windows XP for just $5) and we also cover Dell's mistakes, but even if that were the case, why is Dell selling GNU/Linux PCs with inferior hardware to that of similar Windows PCs and for the same price?
This reeks of market distortion and it’s not just Dell. █
WE already wrote about this extensively about a year ago [1, 2]. Rather than repeat the explanation we provided at the time, we shall explore and discuss this in the form of an update because the (RED) scam is retuning for the holidays. Take-home message: those who are interested in charity should give to charity, not to abusive and disrespectful monopolies.
Windows Vista Ultimate (Product) Red will be available starting Dec. 15, and an undisclosed portion of the profits will be donated to the Global Fund to help eliminate AIDS in Africa.
Emphasis, if needed, would fit pretty well where it says “undisclosed portion”. Yes, charity has to remain a secret because it’s done behind closed doors. Does that not sounds familiar? It’s also worth remembering that IDG is responsible for Microsoft revisionism that denies serious crimes in Africa.
We could only find two more reports about this and they were not as ‘Microsoft-obedient’ as the above. Here is what we found:
If only it wasn’t so kitschy (red like blood) and also insulting. It’s spreading the demeaning 'drug' and DRM trap using other people’s misery.
Dell’s plant-a-tree-for-each-PC-sold campaign was lame enough; people are better off sticking to lightweight operating systems like GNU/Linux and not buying unneeded PCs (to ‘plant a tree’) while burying another one, which is filled with toxins (these typically get exported to and dumped in Africa where they cause enormous damage to the population). So, all in all, Dell deserves part of the blame too. This programme promotes sending more garbage to Africa. It’s marketed differently though. █
Vista does not help hungry kids, it helps Microsoft shareholders
The bottom half was dedicated to the Ubuntu version. Shown in a smaller, less eye catching ad than usual. What really caught my eye was some larger text (14 pt.) in the upper right-hand corner of the Ubuntu section. It said:
“Dell recommends Windows Vista Home Premium.”
Real smooth, Dell. Once again, Dell shows it’s weak side when advertising another product, with another form of software installed other than Microsoft Windows. It’s strange really. Both models were described as “new” in the advertisement, but the Ubuntu version gets treated like a second-class citizen. I am glad that Dell is selling Ubuntu machines, but sometimes the whole “we recommend this…” line gets a little old, especially when plastered not in the appropriate section, but in the section advertising an Ubuntu product.
As we showed before, using solid proof, “Dell recommends Windows Vista Home Premium” is a Microsoft advertisement. Dell knows this is a lie, yet it plasters this lie right next to GNU/Linux products. Maybe it gets paid even more by Microsoft for doing this. The truth is always a secret, so it leaves room for illegal maneuvering.
“The truth is always a secret, so it leaves room for illegal maneuvering.”In other news, Microsoft is not willing to permit rational acceptance of GNU/Linux in Australian education. It’s fighting against it using old techniques that we call B.A.D. [1, 2] (or predatory pricing), with insufficient evidence of kickbacks [1, 2].
Microsoft is allegedly dumping $0 Windows to get children addicted to Windows and educators seem unable to understand this. As Ken Starks said to ‘Microsoft guards’ in education, “You’ve been trained well.” They are being trained and influenced by Microsoft, as we showed on numerous occasions over the past month [1, 2]. It’s a classic technique, much like the tobacco industry’s, which is trying to capture customers while they are young. At the early stages, cost is almost irrelevant. █
“They’ll get sort of addicted, and then we’ll somehow figure out how to collect sometime in the next decade.”
Let’s take it one step at a time and see how this works.
In short, Microsoft informs computer shops that if they put some Vista advertising in their newspaper advertisements (or other forms of ads), there will be money in the bank for them, paid in the form of marketing money from Microsoft.
This is how Microsoft gets all those Vista advertisements all over the place, including big OEMs. They pay you for it. It’s an advert, not a sincere recommendation. This may also explain why Dell’s adverts for Ubuntu-powered PCs are accompanied by pro-Windows messages, as Ken Stark pointed out recently (Dell was subjected to bad and exclusionary deals before).
Here is how the stunt runs. It begins with a message like this one (which we anonymised):
Hi [company name omitted]
Your company can get [amount omitted] in vouchers if you utilize [proportion omitted] by [date omitted] on a preapproved offer and post the final claim by
[another date omitted]. I have enclosed details of the promotion with this email, and am including information on how to utilise coop as well.
It would be fantastic to see you qualify for the vouchers! Given the end of life with Windows XP and the steady sales of Vista (GFK tracks that over 89% of managed retailers are selling Vista PCs to consumers), it would be great to put this towards a Vista sales incentive for your staff or channel partners.
Included/Attached
· Terms and Conditions
· Quick Guide to running a COOP Customer Offer
Any questions, let me know.
Regards
[name of Microsoft employee omitted]
Here is the Terms and Conditions document:
OEM Cooperative Marketing Execution Promotion
If you are defined as a System Builder or a Named Account in the OEM Cooperative marketing program and have an active enrolment status, you could be eligible for vouchers which you may choose to use to support a Windows Vista PC sales incentive with your sales team.
[...]
Terms and Conditions:
1.Timing of promotion. In order to be eligible for an incentive, you must comply with the specified deadlines. Microsoft reserves the right in its sole discretion to cancel, terminate, modify, recommence or suspend either or both parts of the promotion at any time.
2.Tax. Microsoft accepts no responsibility for any tax implications that may arise from this promotion. Microsoft will not remit any taxes on your behalf, nor will it provide any tax-related documentation to you. You are solely responsible for ensuring that any taxes arising from participation in the promotion are reported and paid to the appropriate tax authority. All amounts payable by Microsoft are inclusive of GST (if any). You should seek independent tax and financial advice.
3.Microsoft’s decision final. Microsoft’s decision in relation to all aspects of this promotion is final and no correspondence will be entered into.
4.Limitation and exclusion of liability. Subject to any applicable law which cannot be excluded, Microsoft and its related bodies corporate shall not be liable for any loss, damage or injury suffered or sustained (including but not limited to direct, indirect or consequential loss or loss arising from negligence) arising directly or indirectly out of or in connection with the promotion or any incentive.
5.Microsoft’s verification right. Microsoft may choose to verify any information provided by you in connection with this promotion (including, if Microsoft chooses to do so, by contacting your end-user customers), and if Microsoft reasonably believes that you have fabricated or altered any information, then Microsoft may determine that you are ineligible for either or both incentives. You must, if requested by Microsoft, promptly provide any requested information related to the promotion or your eligibility to receive an incentive.
6.Supply of incentives. If Microsoft is unable to supply the nominated incentive, Microsoft reserves the right, subject to the written direction of any competent legal authority, to supply another incentive of greater or equal value. For incentives that have a specified validity period, Microsoft and its associated agencies and companies accept no responsibility for your failure to take advantage of the incentive prior to it becoming invalid.
7.Information submitted by you. Information submitted by you will be used to determine eligibility for one or both parts of the promotion, provide fulfilment of the promotion, and for other Microsoft internal business purposes. Except as otherwise described in these terms and conditions, information provided by you will not be shared outside of Microsoft and its subsidiaries and affiliates without your permission.
8.Your participation. You may only participate once in the promotion, and any costs associated with your participation in the promotion is your responsibility. Microsoft may terminate your involvement in the promotion and/or withhold any incentives owing to you under this promotion if it believes, on reasonable grounds, that you have:
a.breached any of these terms and conditions;
b.not complied with the Microsoft Code of Ethics or
c.otherwise infringed Microsoft’s copyright or trade marks.
9.Acceptance of these terms and conditions. Your submission of such “proof of execution” as required for Promotion means that you accept and agree to comply with these terms and conditions.
Also attached is this:
HOW TO Utilize Coop*
1.Decide on an offer.
2.Create the graphics (for e-DM or fliers or both) adhering to COOP guidelines which are:
a.Relevant Tag line such as “We recommend genuine Microsoft Office 2007 SBE.”
b.Company’s branding (logo) and contact details (this can just be an email or URL or phone#).
c.30% of content supporting the sale of a fully assembled system preinstalled with genuine MS OEM product(s).
3.Send to your account manager for pre-approval.
4.Your account manager sends to US CORP for official pre-approval # (up to 3 working days)
8.Buy give-aways and save your receipts for documentation.
9.Start offer (this date must be AFTER the dates the plan and advert were pre-approved officially by corp).
10.End offer (this date must be AFTER the start date).
11.Enter final claim for activity in online tool (this date must be AFTER the end date of the planned activity where you WILL NEED the following in digital file format to upload:
a.Advert with pre-approval number from Microsoft corporate.
b.Invoice for specific give-aways (the invoice date must be AFTER the dates the plan and advert were pre-approved officially by corporate but before the planned start date.)
c.Digital pictures of the give-away item in your possession.
EXAMPLE FOR CURRENT INCENTIVE OFFER:
– Start Date: 10th Nov 2008
– End Date: 5th Dec 2008
– Offer: “Buy any Vista Home Premium or Ultimate PC with Office 2007 before 5th Dec AND get a free <give-away-item>
Attached is also the guidebook[PDF], which is labeled “Microsoft Confidential” (what are they trying to hide?).
For many shops these days, business is rather slow. Microsoft is exploiting pressure and/or greed to increase mind share (perception), as vividly described in the “Effective Evangelism” document which was 'leaked' out of Microsoft during a trial.
Can the ASA be lobbied to deal with Microsoft following allegations of market deception? This clearly distorts and confuses, does it not? █
Microsoft tried similar tricks when Vista 6, aka “Longhorn”, make its early appearance. Without request, Microsoft decided to send influential bloggers some very expensive gifts. Joel Spolsky, a former manager at Microsoft, called it a bribe. SJVN, a respected journalist in many publications, called it a bribe as well. Microsoft did all this for positive publicity. There are three reasons for this strategy:
Bloggers will judge the operating system based on personal experience with an optimised, pre-configured and high-end machine
Bloggers are likely to feel obliged to offer positive words in exchange for the gifts
Microsoft decides who gets a hand on preview versions and thus who gets to instruct on it in blogs. First/early impressions count.
…[A]s appears may be the case Microsoft is letting people have Dell XPS M1330 laptops with 2.4GHz Core 2 Duo processors and 3GBs of RAM on ‘indefinite loans (wink, wink) then it’s a bribe in my book. What do you think? If you knew someone had been given a PC with a list price of $1,956 and then wrote nice things about the operating system that came with it would you be inclined to think that they might be just a wee bit influenced by the almost two grand worth of computer?
So here is a company that sells software but gives not software as a gift (or a sample). It gives $2000 laptops. It might as well cover people’s mortgages for positive reviews.
Bernard Swiss wrote the following about possible intentions:
It’s still a way of predetermining what hardware the reviewers will be running their alpha and beta releases on, and thus biases the coverage even of most of the honest reviewers.
It’s situations like this which show why Microsoft cannot be reformed. It knows that what it’s doing is wrong, but it’s doing it over and over again. The OOXML fiasco was a good and recent example. █
“I’ve been thinking long and hard about this, and the only conclusion I can come to is that this is ethically indistinguishable from bribery. Even if no quid-pro-quo is formally required, the gift creates a social obligation of reciprocity. This is best explained in Cialdini’s book Influence (a summary is here). The blogger will feel some obligation to return the favor to Microsoft.”
WE SHALL try to keep this short and polite. It’s supposed to be constructive criticism, not a complaint, and it’s needed because Dell is doing something which angers some GNU/Linux enthusiasts. It’s seen as a bit of a insult, which should be trivial to correct.
While working on my personal blog site, which happens to have Google Adsense ads running on it, I was surprised to find Google ads for Linux-powered Dell desktops showing up.
It’s one small step for Dell and consumer Linux — and one giant leap for Canonical’s Ubuntu Linux efforts. Specifically, Dell is spending advertising dollars to promote PCs with Ubuntu Linux preinstalled. The move has significant implications for the business world as well. Here’s why.
First, some details about the advertisement. Many many U.S. newspapers on Sunday, October 12, included a multi-page Dell flier. Among the many products advertised was the Dell Inspiron Mini 9, a low-cost sub-notebook designed for email and Web browsing.
Early in the year Dell produced some viral videos and more professional commercials even made it into television, as shown here last week.
If this an Dell / Enfatico spot– we take back all the slams we had to the advertising agency prior… It’s about Linux! Whoo hoo!!
We’ve produced an Ogg version of this video, as some readers prefer it that way.
This is good. Dell is showing GNU/Linux in the mainstream.
But Why Make a Mess on the Carpet?
Over at the blog of Ken (of Lobby4Linux fame), it’s shown that Dell’s paper advertisements for GNU/Linux-based sub-notebooks are ‘decorated’ with a prominent reminder that Dell recommends Windows. What’s that about? If you advertise Coke (as in Coca Cola), you don’t attach a label to it saying that Pepsi is the better choice. It makes no sense. Are they trying to actually sell what they advertise? Watch the image in Ken’s blog and pay attention to the cynical remarks.
Dell screwed up. No wait…they didn’t screw anything up. They fully intended to do what they did. Now tell me they are not under the thumb of Microsoft. Why was this statement necessary? Let the customer decide. So tell me Dell is a friend of Linux or that they are not complete quislings for the Redmond Empire. Oh please…I do so want to hear you tell me this. It will be an Academy Award performance. It will have to be to explain away this.
You can’t advertise Linux because Microsoft has threatened you with exorbitant licensing fees and other sanctions if you do. That would be my guess. In fact, If I were to guess further, I would hazard a guess that those top-secret vendor agreements Microsoft demanded you sign actually states that you cannot actively advertise or promote Linux. I could be wrong…but if I am I’m not far off.
For what it’s worth, we remain suspicious — based on actual evidence — that Dell pays Microsoft quite handsomely for sales of GNU/Linux-based computers. We don’t exactly recommend Dell, and that’s putting it gently.
Why? Because, according to the Morning Herald, both the Beijing Olympics committee and Lenovo, a major backer of the games, had deliberately chosen to run XP operating system on the games’ PC because they didn’t trust Vista. Turns out they shouldn’t have trusted XP either, but they should have known that. Best of all, Lenovo chairman, Yang Yuanqing, said Lenovo had chosen not to use Vista because, “If it’s not stable, it could have some problems.”
So, next time you go to an online PC sales Web site and you see that line about “We recommend Genuine Windows Vista Home Premium,” just remember: They’re lying.
it’s all part of a silly scheme that was never intended to assist customers. Shouldn’t the likes of the ASA step in?
An Illusions of Choice
A reader of ours from Australia sent a gentle alert about Dell’s Web site in his country. “The Dell website fails,” he writes.
“I went there yesterday just to check things out, did a search for “Ubuntu” to see what search results I’d get. The first system that came up was a Vostro notebook with Ubuntu, so naturally I clicked the link [but] it comes with Vista. And there is no option to choose Ubuntu.”
To summarise, says the reader: “It was rubbish, you get a Vostro notebook put in front of you like “hey we got these with Ubuntu”, then when you click the link its, “you can have Vista or umm Vista”.”
Maybe it’s an innocent mistake. Hopefully it is. █
“We should whack them [Dell over GNU/Linux dealings], we should make sure they understand our value.”
Those were the words of Microsoft counsel Tom Burt, regarding the upholding of a previous ruling overturning the $1.5B Alcatel-Lucent v. Microsoft patent infringement judgment.
Curiously, according to the Associated Press article, it appears that Microsoft willingly stepped in to this conflict as a defendant after Lucent Technologies filed suit against PC manufacturers Dell and Gateway.
In February 2007, a jury in U.S. District Court in San Diego determined Microsoft infringed on two patents that cover the encoding and decoding of audio into the digital MP3 format, a popular way to convert music from CDs into files on computers and vice versa.
Six months later, the judge who presided over the case, Rudi M. Brewster, vacated the ruling, saying Microsoft’s Windows Media Player software does not infringe on one of the two patents in question.
Brewster, siding with Microsoft, also said the second patent is jointly owned by both Alcatel-Lucent and Fraunhofer Gesellschaft, a German company that Microsoft paid $16 million in exchange for use of the technology. Since Fraunhofer did not sue Microsoft, the Redmond, Wash.-based software maker was in the clear.
…
The MP3 patent claims were just two of 15 made by Lucent Technologies Inc. in 2003 against PC makers Gateway Inc. and Dell Inc. for technology developed by Bell Labs, Lucent’s research arm.
Later that year, Microsoft added itself to the list of defendants, saying the patents were closely tied to its Windows operating system. France’s Alcatel bought Lucent in 2006.
So, Microsoft are the (sorta) good guys here? I’m at a loss for words, but good for them I guess.
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