08.29.11

Corporate Press Turns Against Patents But Forgets/Neglects to Stress Microsoft and Apple Are an Integral Part of the Problem

Posted in Apple, GNU/Linux, Google, Microsoft, Patents at 6:28 am by Dr. Roy Schestowitz

Duopoly ignored, overlooked, or simply defended by a harmful conspiracy of silence?

Photo by Joi Ito from Inbamura, Japan

Summary: More patents-hostile coverage from respected publications, but the role of monopolists is de-emphasised, which helps corporations but not parasitic NPEs

WHILE the corporate press celebrates Steve Jobs’ patents (which are being used offensively, to embargo competitors), other sites that are far smaller — like blogs — do a good job explaining to the public that patents are nothing to be proud of. Well, “patent abuse crushes innovation,” explained Bob Chandler yesterday, noting that: “Many software ideas have patents that are controlled by patent trolls. Others are controlled by large software corporations or industry consortia. What makes it even more complicated is that many software patents conflict or obviously have been covered by prior art. Since the 1990s, the United States Patent and Trademark Office (USPTO) has been flooded with software patent applications, to the point where very few of them have actually been examined in detail before a patent was issued.

“So, if you happen to have a nifty new idea for some new software or a new web service, you’d better hire an army of patent lawyers. As soon as you release your software or service, someone is going to sue you. Or, to make the patent trolls go away, you agree to pay them “licensing fees.”

“Since the 1990s, the United States Patent and Trademark Office (USPTO) has been flooded with software patent applications, to the point where very few of them have actually been examined in detail before a patent was issued.”
      –Bob Chandler“The other development that “When Patents Attack” takes a look at are the large tech companies like Microsoft, Apple and Google who are amassing large collections of patents. These patents are both offensive and defensive weapons that they use against each other.”

And guess what? Yes, even the BBC’s Natalio Cosoy has decided to address the subject (the BBC is usually promoting copyright and patent maximalism), but only because of patent trolls. And to make matters worse, they extensively quote a pro-software patents lobbyist, Florian Müller. The author quotes the soccer lobbyist as “Intellectual property analyst” (who has no qualifications at all in the area) and does not name the source of the patents, which link back to Microsoft (via IV). The author at least mentioned the EFF and Groklaw, although by an indirect narrative (“He also pointed to a blog post by Groklaw (which does not belong to Google) that details an initiative Google has taken to try to curb Lodsys’ actions.”). As for the lobbyist, he still spins this against Google and does not give Microsoft or IV any flak at all. The portrayal of Lodsys as a “lone wolf” is misinforming the public. It’s the usual spiel.

Over at O’Reilly Radar, a writer who used to promote software patents in there is now emphaising or subtly implying that Apple only ever succeeded because it exploited Free software. Quoting his conclusion:

The impacts of broad, leaderless, idea-based movements are often surprising and hard to trace, and that’s true of open source and free software. The triumphs of Steve Jobs demonstrate this principle–even though free software is the antithesis of how Apple runs its own business. Innovators such as Andrew Tridgell, with Samba and rsync, just keep amazing us over and over again, showing that free software doesn’t recognize limits to its accomplishments. A lot of computing history would be very different, and poorer, without it.

Ironically, Apple is now attacking Free software in the courtroom. It is attacking the very same thing without which Apple would probably be bankrupt. Yes, Apple not only attacks Linux and Android; by taking on companies that sell these it is also attacking — indirectly — everything else that’s mounted onto the platform, including Samba and rsync. “Patent wars gone MAD” says the headline of this new article which starts by mentioning Apple’s attack on Android devices:

Samsung, currently defending itself against a legal move by Apple to have four Samsung smartphones and tablets banned from America due to alleged patent infringement, pointed to tablet-style computers in Stanley Kubrick’s classic 2001: A Space Odyssey.
Samsung claims the 1968 Kubrick version is an example of “prior art”, a forerunner to the tablets of today. See the embedded video clip below and make up your own mind.
The move comes hot on the heels of headlines charting the enormous recent activity in patent acquisitions and patent infringement proceedings in the mobile telecommunications arena.
“Nortel patents sold for $US4.5 billion”, we read one day; ”Apple sues HTC for infringing on 20 iPhone patents”, the next.

In a new editorial from Dallas (near the patent trolls’ paradise), the title today reads “Patent trolls get rich by killing jobs and robbing consumers”. But what about Jobs? What about Steve Jobs killing jobs as we explained earlier this month? Apple too is no better than a patent troll anymore; the same goes for Microsoft. To make matters worse, they collude to defend their duopoly. █

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“Windows Servers and Workstations are Vulnerable” (Updated)

Posted in Microsoft, Security, Servers, Windows at 5:49 am by Dr. Roy Schestowitz

Summary: Rise in Windows traffic on the Internet, but not the desirable type of traffic (RDP attacks)

Check out this piece of news: [via]

It’s retro day in the world of Internet security, with an Internet worm dubbed “Morto” spreading via the Windows Remote Desktop Protocol (RDP).

F-Secure is reporting that the worm is behind a spike in traffic on Port 3389/TCP. Once it’s entered a network, the worm starts scanning for machines that have RDP enabled. Vulnerable machines get Morto copied to their local drives as a DLL, a.dll, which creates other files detailed in the F-Secure post.

SANS, which noticed heavy growth in RDP scan traffic over the weekend, says the spike in traffic is a “key indicator” of a growing number of infected hosts. Both Windows servers and workstations are vulnerable.

Bravo, Microsoft. █

Update: Incidentally, Nokia’s developer network has just been cracked. Based on some tests, the site runs Windows. Netcraft says it ran Windows, but it is now hiding behind Akamai (Linux). Some case sensitivity tests seem to confirm that It runs Windows.

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IRC Proceedings: August 28th, 2011

Posted in IRC Logs at 5:37 am by Dr. Roy Schestowitz

Enter the IRC channels now

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Links 29/8/2011: Mandriva 2011, Raspberry Pi (Linux Board) Runs Quake 3

Posted in News Roundup at 5:24 am by Dr. Roy Schestowitz

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08.28.11

Patents Wrath Escalated to President Obama

Posted in America, Patents at 9:39 am by Dr. Roy Schestowitz

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? █

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Mo Ibrahim to Bill Gates et al.: “We Are Not Sick People.”

Posted in Africa, Bill Gates, Patents at 9:20 am by Dr. Roy Schestowitz

Summary: Antagonism towards Gates’ staged care for the poor and resistance against his push to make impoverished populations dependent on expensive drugs he Mo Ibrahim in and lobbies for

THE CORPORATE press might not be paying attention to the reality of whitewashing/reputation laundering operations, but some people do cover the issue. They don’t play along with public relations (PR). One valuable new quote goes like this: ‘Speaking to the efforts of the Bill Gateses and the Bonos of the world, Ibrahim says, “We thank all the philanthropic [institutions], the wonderful people who are helping the needy in Africa. But the job in our foundation is to really stop all that by changing the political outlook of Africa, changing the way we’re managing our affairs. There’s no need for us to beg for money.” He adds, “I don’t want Africa to forever be the recipient of aid. Aid is also humiliating for the recipient. And it touches a human indignity. Why? We are able-bodied people. We are not sick people.”’

“Aid is also humiliating for the recipient. And it touches a human indignity.”
      –Mo Ibrahim It’s actually worse than that. Gates is exploiting the perception that they are sick to impose clinical trials on them, at the behest of people whom he employed (e.g. from GSK) and companies he invests his money in. Any clinical trials on Africans have lower risk of litigation when things go awry, as they often do (but again, this is barely being reported on because it happens remotely). This is helping everyone spend money on drugs, creating an addiction/dependence on those expensive drugs. One magazine has just had this to say (also about Africa): ‘To learn to live with it calls for an entirely different solution. Eradication calls for a laboratory-based strategy. You look for isolated human communities, like islands with small populations and invest all your resources in it – which is what the Gates Foundation and WHO did. But living with malaria requires you to spend your monies in communities with large, representative populations.

‘The Gates Foundation and WHO money was spent mostly on small islands. A WHO expert called it ‘a public health disaster’. The moral of the story is that diagnosis is more important than prescription. Research is diagnosis.”‘

Techrights has written a lot more and provided more evidence to show the sad reality of the ‘donation’ of medicine (temporary access to patents valid in another country). More journalists need to do their job and actually report on these issues properly; they are being marginalised by Gates’ ‘donations’ (bribes) to many publishers. He spends over $1,000,000 per day on “advocacy” (PR alone). █

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Newsweek Exposes Education System Takeover by Bill Gates et al.

Posted in Bill Gates at 8:58 am by Dr. Roy Schestowitz

Except Windows, what does Gates want to teach all the children?

Summary: Gates’ latest monopolisation endeavours are being explained by an investigative report (not the usual PR) about a so-called ‘reform’

TECHRIGHTS encourages readers who distrust the Gates Foundation or are sceptical of Bill Gates despite all the press he buy for himself to read this report from Newsweek and partner sites:

Back to School for the Billionaires

The richest man in America stepped to the podium and declared war on the nation’s school systems. High schools had become “obsolete” and were “limiting—even ruining—the lives of millions of Americans every year.” The situation had become “almost shameful.” Bill Gates, prep-school grad and college dropout, had come before the National Governors Association seeking converts to his plan to do something about it—a plan he would back with $2 billion of his own cash.

Gates’s speech, in February 2005, was a signature moment in what has become a decade-long campaign to improve test scores and graduation rates, waged by a loose alliance of wealthy CEOs who arrived with no particular background in education policy—a fact that has led critics to dismiss them as “the billionaire boys’ club.” Their bets on poor urban schools have been as big as their egos and their bank accounts. Microsoft chairman Gates, computer magnate Michael Dell, investor Eli Broad, and the Walton family of Walmart fame have collectively poured some $4.4 billion into school reform in the past decade through their private foundations.

Remember how Gates wishes to treat teachers and how teachers feel about it (not the astroturf he pays to pretend to represent teachers). See this discussion. █

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Attachmate Lets Novell Products Rot

Posted in Mail, Microsoft, Novell at 7:43 am by Dr. Roy Schestowitz

Summary: A long look at the past week’s news confirms a trend involving the collapse of Novell’s products, staff, and clients base

Attachmate never promised much to Novell staff. A lot of the staff got laid off and many others — managers included — moved on in their careers. In the news these days we continue to spot former Novell staff like this one and this other bunch including Stafford Massie. Rather than help Microsoft’s slave, Novell, they actually do something better somewhere else.

Based on this article, “Ivancic said that prior to the acquisition, Novell products competed with each other for resources, leaving legacy applications like GroupWise and NetWare in the cold.”

Well, they still are “in the cold.” We heard nothing about GroupWise from Attachmate. In fact, GroupWise has just been dumped again, this time in District 719. To quote:

The District 719 School Board approved a $160,849 multi-part project to update the district’s current systems. The initiative includes upgrading the district server infrastructure, migrating email service to Microsoft Outlook from Novell GroupWise and developing a hosted archive for correspondence and e-mail communication.

So Microsoft benefits, as usual.

“Attachmate has also officially killed some Novell products other than Mono.”GroupWise is generally dying and even its key staff has been leaving. As one new article puts it, “Canada currently uses three different email platforms: 80% of departments use Microsoft Outlook, 15% use Lotus Notes, and 5% use Novell Groupwise. As a result, departments have adopted a variety of email rules and practices, which results in duplication of effort and less secure email, the government noted.”

Attachmate has also officially killed some Novell products other than Mono. But someone ends up promoting Vibe even after it’s officially dead. It makes no sense.

Attachmate has been replacing many Novell managers with some of its own people. Here is another shuffle:

After the take-over of Novell in April, the Attachmate Group shuffled a number of its high profile executive roles, including the appointment of former NZ general manager, Boris Ivancic to vice-president and general manager of Asia-Pacific.

According to this article from the UK, “Almost four months after its acquisition by Attachmate Group, Novell’s EMEA channel chief has opened up about the vendor’s vision for its indirect channel.” It is funny to see him act like a PR person, whose claims of success are very hard to ingest. Attachmate has basically done just about nothing to help Novell’s products. It’s not clear why Attachmate bought Novell in the first place; maybe someone just needed to take the non-patents part of Novell (the patents went to Microsoft) and do the least possible with it (as that competes against Microsoft). Who benefits from this? Surely not Attachmate. Remember who funded this acquisition. █

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