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02.17.16

A Short Visit to Pro-Patents (or Patent Maximalism) Sites of Patent Lawyers and Patent Predators

Posted in Patents at 9:16 am by Dr. Roy Schestowitz

When your income comes from (in)famous patent trolls

NPE 2015

Summary: Critique of the ‘content’ and angle from sites for (and by) patent maximalists, notably IAM ‘magazine’

THE EPO and EPO-funded media are not a source of information but they are often the target of criticism or ridicule. Now that the EPO promotes monopolies on plants (to increase the number of granted patents, irrespective of the overall impact on society) we wish to highlight CEVA et al with their pro-GMO (i.e. patent monopoly) agenda, as covered in IP Watch the other day [1]. This is a fantastic example of the harms of patent maximalism — something that EPO-funded sites sure love and even take pride in. Let’s look at IAM ‘magazine’, based on the past few days’ articles.

“It glorifies what the site profits from, but at whose expense?”“IP Hall of Fame” is a term like that’s being used by IAM right now. Like “Monopoly of fame” or “Protectionism of the year”, one has to be pretty brainwashed to really ‘dig’ into that. Then again, what can be expected from a site which targets ‘IP’ lawyers? It glorifies what the site profits from, but at whose expense?

According to this article, the patent troll of Ericsson still attacks Android OEMs (impacting Linux, by extension). To quote: “The IPKat has been aware for some time that the Patents Court, in the person of Mr Justice Birss, has been devoting considerable time to a series of cases concerning mobile phone technology (Unwired Planet v Huawei and Samsung).”

“BlackBerry, despite its embrace of Android, will quite likely troll other Android OEMs with patents.”According to IAM, BlackBerry is now acting somewhat like a troll, much as we foresaw and predicted. But IAM uses terms like “monetisation”, which are effectively euphemisms (how about “corporate foodchain” as a euphemism?). To quote: “When BlackBerry concluded a cross-licensing agreement with Cisco last June, with a provision for the Californian company to pay an on-going royalty, this blog stated that the deal could mark the start of the Canadian telecoms and wireless business becoming a major player in the patent monetisation space.”

BlackBerry, despite its embrace of Android, will quite likely troll other Android OEMs with patents. Microsoft, according to this IAM report, is hoarding LG patents that it can later use to extort (or tax) Android devices more than it already does. To quote IAM, “20 US assets covering mobile telecoms assigned to Microsoft Technology Licensing LLC; also 44 assets on 9th April.”

“…there is already patent trolling in China, but the opaque court system changes all the risk equations…”
      – James Salsman
The euphemism “monetisation” again appeared in IAM around the same time, in relation to China’s SIPO. The lenient patent system in China (like USPTO in the US) could bring in the trolls; maybe that’s what what “monetisation” now means in IAM (if not NPE). As Jack Ellis put it, in order to sell the “monetisation” (trolls) agenda in China (shaming tactics): “Protectionist, biased, anti-foreigner: those are kinds of labels that are often attached to China’s IP enforcement system by rights holders from outside of the country.”

As James Salsman ‏put it when asked, “there is already patent trolling in China, but the opaque court system changes all the risk equations [...] I lived in Shanghai working at @EFLabs where patents prevented pronunciation intelligibility remediation software improvements” (the latter, with context, can be found here).

The bottom line is, the Web continues to be saturated with coverage about patent matters composed by people who profit from it. Some even receive money from patent offices. Therein exists a real, profound problem. Public interests are ignored at best and habitually trampled. It’s everyone’s ethical imperative to change that, or else very few people will hoard all the wealth and many productive human activities (such as sharing, trade, invention and manufacturing) will effectively be banned except when permitted by those few wealth hoarders.

Related/contextual items from the news:

  1. FAO Symposium On Agricultural Biotech Raises Lobbying Concerns

    At issue, according to a joint press release (Via Campesina, Grain, and ETC Group), is the agenda, which they find unbalanced as it includes speakers from industry such as, the Biotechnology Industry Organization, CropLife International, and CEVA among others, which they say are promoting GMOs, while they found only one speaker openly critical of GMOs.

Lexmark Demonstrates Patents Against Public Interests and Against Competition

Posted in America, Patents at 8:37 am by Dr. Roy Schestowitz

Ink
See original article

Summary: A review of press coverage regarding the Lexmark patent case, where gross overpricing of ink was defended by the Federal Circuit

THE news has been dominated, to some degree, by reports about the Federal Circuit doing a disservice to society (yet again).

As the EFF put it this week: “The Federal Circuit’s rule privileges patent owners over consumers, and helps ensure even less competition in the resale market. We hope the Supreme Court takes a hard look at this case, and restores consumers’ rights in products they purchase.”

“The Federal Circuit’s rule privileges patent owners over consumers, and helps ensure even less competition in the resale market.”
      –EFF
Without a doubt, many lawyers’ firms and lawyers’ sites are writing about it right now, e.g. [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14].

Worth noting is the fact that legal sites wrote like 10 times more articles than general news sites (or technology sites) about this case, e.g. [1, 2]. A lot of people don’t ‘get’ patents; neither do journalists. They’d use silly phrases like “invent patents” or “make patents”. The propaganda worked on them.

“Here, the court held that this type of restriction is enforceable for Lexmark, but only because Lexmark’s product is covered by patent rights.”
      –Dennis Crouch
Here is the best report we’ve found on this subject (so far). TechDirt, which has covered this subject for over a decade (going back to 2004 if not earlier), wrote: “if you fail to block competition with one kind, apparently you can try, try again with another kind — and eventually you’ll end up in the Court of Appeals for the Federal Circuit, who will mess everything up and kill off the competition. Printer company Lexmark has been at war with alternative suppliers of ink for well over a decade. As you may be aware, printer ink is sold at a ridiculously high markup, such that one estimate (from over a decade ago) noted that in order to fill an Olympic-sized swimming pool with printer ink, it would cost you $5.9 billion (yes, with a “b”) at the checkout counter of your local office-supply retailer. The printer makers have notably taken a “give away cheap crappy printers at a low cost, and make it up in seriously overpricing the ink” strategy to their businesses. This kind of thing works great until someone tries to step in and sell competing ink.”

Suffice to say, this case is about keeping the prices artificially high (higher by several orders of magnitude than the production cost). A response posted by Dennis Crouch said: “I was surprised at the en banc Federal Circuit’s decision in Lexmark to re-affirm Mallinckrodt — giving a seller power to block future resale and reuse of a patented product. My surprise is grounded in the longstanding tradition in American property law of promoting the free-flow of commerce by refusing to enforce servitudes that limit the alienation or use of goods. To be clear, courts have often enforced contracts between willing parties to this end, but those same courts have refused to allow restrictive covenants to cling to the good and bind any subsequent purchaser. Here, the court held that this type of restriction is enforceable for Lexmark, but only because Lexmark’s product is covered by patent rights.”

“Remember that CAFC is responsible for many other equally tactless decisions.”It was not the first time that Crouch’s blog covered this case in recent days (we mentioned this a few times in last week’s posts). Basically, Lexmark twists and bends the law for price-fixing/price hikes. Other companies, such as HP, would no doubt benefit from this, at the expense of the public. To quote Crouch’s blog: “The presumptions are of some importance for those operating on the ground. Here, the US court will presume that foreign sales of a product do not exhaust the US patent right. Thus, an importer must obtain a release/license of those rights to avoid liability (assuming a valid and otherwise infringed patent). Of course, that license right may be implied based upon providing notice of the importation intent. In addition, depending upon the location of sale, UCC 2-312 (or its foreign equivalent) may create a presumption of license depending upon the situation.”

When laws are being passed to protect the business models or large corporations at the expense of the public, are the laws at all legitimate? Should we not feel free to challenge them or better yet, engage in civil disobedience? Remember that CAFC is responsible for many other equally tactless decisions. It was also CAFC that got software patents started, not just in the US but in the whole world. In the past we showed evidence of institutional corruption inside CAFC.

“A cynic is a man who knows the price of everything and the value of nothing.”

Oscar Wilde

Patent Lawyers and EPO Officials Are Parading the Unitary Patent (UPC) in, Despite Lack of Democratic Process

Posted in Europe, Patents at 8:03 am by Dr. Roy Schestowitz

The UPC is a Trojan horse of patent profiteers

Trojan horse

Summary: The Unitary Patent Court (UPC), the latest name of a decade-long effort to increase litigation, damages, injunctions, trolling etc. inside Europe, is being railroaded through the system like a Trojan horse, relying on public apathy (as the public does not know anything about its existence and the harsh reality)

THE UPC, which we wrote about 4 days ago, is a very big deal for the EPO‘s management. It even sponsored a pro-UPC propaganda event in the US, to take place just days from now with help from patent lawyers and patent lawyers' media. This isn’t democracy, it’s a coup d’état which merely serves to discredit European democracy.

Amerikat (Ward) from IP Kat continues her push for UPC as if it’s already a done deal (it’s not) and some “IP & Technology lawyer” promotes this UPC coup which European citizens never got to vote on. It’s not just women doing this, but it’s almost always patent lawyers, which is quite revealing, is it not? “ADR is also part of the new European #patent framework. Draft #UPC mediation rules now published,” the latter wrote.

Benjamin Henrion (FFII) responded by saying: “Rules cannot be written by an administrative committee.”

“…in the worst case, they will just copy/paste the rules and ask parliaments to rubberstamp.”
      –Benjamin Henrion (FFII)
“Unitary Patent Court rules and laws cannot be made by an administrative committee,” he later added, “only by elected parliaments” (“don’t worry,” I said, “they can always just bribe some politicians to sign off the rules they pass to them for signing”).

A pro-patents account then jumped in to say: “It is supposed to be monitored by EU Council whose members are supposed to be monitored by elected parliaments, monitored by people.”

“When was the UPC ever monitored by people other than patent lawyers [and] other profiteers,” I responded, comparing them to foxes in the hen house. At this stage Henrion said “that’s stealing democracy. There are clear ECHR rulings on this.”

“Well, it’s not like the patent lawyers always honestly cared about law,” I responded, “they game it!” That’s what they do for a living, that is what people pay them a lot of money for.

As Henrion put it, “in the worst case, they will just copy/paste the rules and ask parliaments to rubberstamp.”

Then, “patentlyGerman” (his occupation isn’t hard to guess) said: “The Munich local div of the #UPC will be housed in a boring, but centrally located building” (patent lawyers and propagandists say “will”, not “would”, as if UPC is already unstoppable and inevitable).

“UPC is a Trojan horse that European citizens neither want nor need (at least those who even know it exists and understand what it’s for).”Thankfully, as some people come to realise, Spain is doing the right thing by rejecting the UPC, in spite of political blackmail.

Show us anyone other than patent lawyers (or the EPO) promoting the UPC and we shall award with a prize. All we have here is a coup d’état. UPC is a Trojan horse that European citizens neither want nor need (at least those who even know it exists and understand what it’s for).

UPC is a spit in the face of European democracy. It’s time for more sites (not sites of patent lawyers) to openly talk about it and properly inform the public.

Links 17/2/2016: Vulkan 1.0, GNU C Library Vulnerability

Posted in News Roundup at 7:35 am by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

  • What’s in the Box? Interrogate Your Linux Machine’s Hardware

    I recently had a problem trying to install the NVIDIA driver for my machine. It seemed the latest driver had stopped supporting my graphics card, and after updating my kernel, I was out of a driver. The question, obviously, was “which card did I have?” But, I didn’t remember. If you have to name the chipset of your motherboard, specify the CPU in your box or get any other kind of hardware-related information, Linux provides several utilities to help you. In my case, I quickly could get the full ID of my graphics card, confirm that it really was getting a bit long in the tooth and decide that a newer one wasn’t such a bad idea.

  • Kernel Space

  • Applications

  • Desktop Environments/WMs

    • K Desktop Environment/KDE SC/Qt

    • GNOME Desktop/GTK

      • Endless and GNOME

        As you may have heard, Endless joined the GNOME Foundation Advisory Board last week. We appreciate all the kind words of welcome we have received and are looking forward to strengthening our ties with this community. This has been a coming for a bit, and I’m looking forward for us to contribute more over the coming year!

        [...]

        We can’t do this alone. We are looking for some great engineers to join our team. If this mission sounds great and you’re interested in working with us, let us know! We are looking for people who are passionate about bringing a great desktop to the rest of the world while developing some high-quality Free Software.

      • You Can Now Edit OpenStreetMap Info In GNOME Maps

        OpenStreetMap is a free, collaborative project to create an easily editable map of the world — the Wikipedia of maps, if you will.

        Version 3.20 of the desktop mapping tool will see other improvements too, including improved translation behaviour and support for custom geo-json map layers.

      • GNOME Maps 3.20 Now Available for Beta Testing with OpenStreetMap Editing

        The GNOME Project is about to come up with the first Beta build of the upcoming major release of the open source desktop environment for GNU/Linux operating systems, GNOME 3.20, so they’re updating most of the core apps and components.

  • Distributions

    • Four Linux Distributions For Chromebook Lovers

      Chromebooks have been generated quite some buzz in the last couple of years. The main advantage for Chromebooks is that these are inexpensive laptops with modest hardware and are good looking as well.

      Chromebooks are based on Google’s web-oriented Chrome OS. While Chrome OS itself is based on the Linux kernel, it is not really the same experience as full desktop Linux. There are ways to install Linux on Chromebook, but I am not going to talk about those today. Instead, I am going to list four Linux distributions which are either meant for Chromebooks or they imitate the looks of Chrome OS.

    • Lay down a beat with LMMS

      One thing that confuses some new Linux users is just how modular Linux can be, and on nearly every level. It turns out to be liberating in the end, but it can be overwhelming at first. That’s why it’s nice, sometimes, to come across a project that brings a bunch of modular technology and binds them together nice and neatly for users. In the world of digital audio workstations, the project that does this most profoundly is the Linux Multimedia Studio, better known as LMMS.

    • Reviews

      • Top 5 Best Security-Centric Linux Distributions Of 2016

        Staying anonymous on the Internet might not necessarily mean the same as surfing the web safely but rather keeping yourself safe from prying eyes that may otherwise take advantage of the vulnerability of your system thereby exposing you and your data for whomever might just be up for the grabbing – especially some hacker snooping around for sensitive data to hoard (particularly if you’re being targeted) and use for otherwise evil purposes that can have some serious effects on the violated individual.

    • New Releases

    • PCLinuxOS/Mageia/Mandriva Family

      • PCLinuxOS: the walking dead

        If you thought that this review would continue with the usual sections like keyboard setup, list of applications, network drive connectivity and so on, I must disappoint you.

        My time with PCLinuxOS KDE 2014.12 finished at that point. I see no reason to test a distribution that is so narrow-minded that it cannot allow users outside of the US to use it out of the box, and that does not bother with updating their core ISO image. There are plenty of distributions that work much better than PCLinuxOS.

      • PCLOS Rebuttal, Live Long and Game, TDF@4

        The big story today in Linux news was the release of the long awaited Vulkan graphics API. The news was carried by just about everyone. Elsewhere, blogger DarkDuck said PCLinuxOS is “the walking dead” and a critical vulnerability in glibc has experts warning to upgrade immediately. SUSE announced SUSECon today and Charles-H. Schulz blogged about the “unusual” LibreOffice 5.1 release on this The Document Foundation’s fourth birthday.

    • Ballnux/SUSE

    • Red Hat Family

      • Rackspace Adds Hosted Red Hat OpenStack to Cloud Services

        Rackspace has added a new OpenStack-as-a-Service option in partnership with Red Hat (RHT), whose enterprise Linux distribution powers the new cloud platform.

        Rackspace announced the platform Thursday. It’s pitching it as a key step in the “company’s strategy to deliver the most reliable and easy-to-use OpenStack private and hybrid clouds in the world.”

      • Tech Stocks to Focus: Intuit Inc. (INTU), Red Hat Inc (RHT)
      • Red Hat Inc (RHT) Cut to “Hold” at TheStreet

        TheStreet lowered shares of Red Hat Inc (NYSE:RHT) from a buy rating to a hold rating in a research report report published on Thursday morning, Marketbeat reports.

      • What Analysts say about Red Hat Inc (NYSE:RHT)?
      • Fedora

        • Neville Cross: How do you Fedora?

          Neville Cross is a Nicaraguan hotel manager who has a passion for technology. He has an Amateur Radio license, and was doing stuff with packet radio (ax.25 protocol) in 2008. That made him look for help in the local Linux community. As he used Red Hat Linux for a while in 2000, it was natural for him to take a look at Fedora. Instead of getting help, he got involved in the local FOSS community, especially in the Fedora local group. At that moment, others Linux distributions had strong support from the international community, but Fedora did not. So he took on the challenge to close the gap. That is how Cross originally showed up in Fedora landscape many years ago.

    • Debian Family

      • FOSSASIA 2016, pgDay Asia 2016 and MiniDebConf Singapore

        The FOSSASIA 2016 conference is taking place next month, 18-20 March at the Science Centre Singapore. The FOSSASIA community has also offered to host a MiniDebConf Singapore 2016 and pgDay Asia 2016. With sufficient interest from volunteers and participants, these events could do a lot to raise the profile of free software in the region.

      • Open Source Maru OS Promises Debian Linux for Smartphones and Tablets

        The open source ecosystem for mobile devices has grown larger with the announcement of a new Linux-based operating system for smartphones in the form of Maru OS, which is now open source.

        Maru is a Debian-based operating system that lets you run a complete desktop environment from a smartphone. By connecting it to an external display, you get what looks like a traditional, full-blown Debian GNU/Linux system, while still having access to your Android phone.

      • Emmabuntüs 8 Debian Based Beta Released

        Emmabuntüs is a desktop GNU/Linux distribution based on Xubuntu 12.04 and 14.04 LTS (Long Term Support) made specifically for refurbished computers destined for humanitarian organisationsand to promote the discovery of GNU/Linux by beginners, as well as to extend the lifespan of hardware and to reduce over consumption & waste in electronics. Emmabuntus 8 Beta is the first distro based on Debian in the memory of Ian Murdock, the founder of the Debian Project.

      • Derivatives

        • Canonical/Ubuntu

          • FairPhone 2 with Ubuntu Touch Is Making Progress

            FairPhone 2 is just one of the phones that are betting on Ubuntu Touch community ports, and it looks like the project is coming along.

            The ability to port Ubuntu Touch for various devices has been promoted by Canonical ever since the start of the project, more than three years ago but little has come of it. The community tries to make this happen, but it’s not like making Android run on other devices. It’s a complex problem that usually revolves around device drivers.

            The main problem that developers face when trying to make Ubuntu Touch run on various devices is the lack of driver support. We’ve seen many popular phones running Ubuntu over the years, but most projects stop when having to implement GSM or Bluetooth support. For example, one of the first phones to get Ubuntu Touch was a Samsung Galaxy S3, but nothing came of it.

          • ZFS Will Be Baked Directly into Ubuntu 16.04 LTS and Supported by Canonical

            We are only a couple of months away from the next major release of the world’s most popular free operating system, Ubuntu 16.04 LTS (Xenial Xerus), and some of its neat new features are yet to be revealed.

            Canonical’s Dustin Kirkland writes today about one of the awesome things that will be implemented by default in the upcoming Linux-based distribution, ZFS, the robust file system that everyone talks about these days, which Canonical will bake directly into Ubuntu 16.04 LTS.

          • Ubuntu Touch OTA-9.1 Hotfix Still in the Works, Dekko Might Come with OTA-10

            Łukasz Zemczak of Canonical informs us earlier about the latest work done by the Ubuntu Touch development team in preparation for the soon-to-be-released OTA software updates for Ubuntu-powered devices.

          • Canonical Patches Severe Glibc DNS Vulnerability in All Supported Ubuntu OSes

            If you’ve been reading the news lately, you may know that Google Security Team and Red Hat have disclosed a severe Glibc (GNU C Library) vulnerability, which could affect a huge number of devices and computers.

          • ConsenSys, BlockApps, Canonical partner to deliver biometric digital identity tools on Ubuntu phones

            ConsenSys and BlockApps announced they have partnered with Canonical to deliver Nimbus uPort biometric digital identity tools on Ubuntu mobile phones and tablets.

            Canonical is the commercial sponsor of the Ubuntu project and the leading provider of support services for Ubuntu deployments in the enterprise.

          • Canonical’s ZFS Plans Are Lining Up For Ubuntu 16.04

            Ubuntu developers have been working on ZFS support for Ubuntu 16.04 and all of that file-system support is getting squared away.

          • [Older] New Ubuntu tablet claimed to serve as PC too
  • Devices/Embedded

    • How to build a $200 smart drone with the Pi Zero

      Erle Robotics, which I mentioned in last week’s piece about the increasingly important role of Linux in robotics, supplies cheap components for DIY Raspberry Pi projects. I got in touch with the makers at Erle this week to come up with a great tutorial for our readers.

    • Add a battery pack to your Raspberry Pi

      Your Raspberry Pi’s mobility is usually restricted by the length of the power lead. Rather than limiting it to your desk or living room, however, you can use it for mobile projects as diverse as launching it into near-Earth orbit or monitoring and automating your garden.

      Of course, to do this you will need batteries, but adding battery power to your Raspberry Pi is simpler than you might have imagined. All that is required are six rechargeable AA batteries (or single-charge alkaline), a battery box with space for the batteries and a UBEC. The latter is a Universal Battery Elimination Circuit, a voltage regulator that will regulate the power supply and prevent damage to the Raspberry Pi, and can be bought for under £10.

    • Reference platform simplifies wearable security camera designs

      Intrinsyc announced a reference design for wearable law enforcement and security cameras, featuring a Snapdragon 410 SoC running Android and a 13-MP camera.

    • Online dev tool adds DIY baseboard for RPi Compute Module

      Gumstix has added a Raspberry Pi Compute Module baseboard design to its online DIY board dev tool, and is selling working units based on the design for $49.

      Back in November, Gumstix opened up its Geppetto online DIY design tool and quick-turn prototype manufacturing service to the development of carrier boards for third-party SBCs and COMs based on TI Sitara AM335x SoCs. Supported non-Gumstix processor boards initially included BeagleBoard.org’s BeagleBone Black single-board computer, as well as Critical Link’s MitySOM-335x, and DAVE’s Diva AM335x computer-on-modules.

    • Phones

      • Tizen

        • Tizen smartphone sold 3 million units in 2015

          Samsung’s strategy of making its initial Tizen smartphones fall under the budget category seems to be working out quite well, as a recent report from market research agency Strategy Analytics claims that Samsung sold over 3 million Tizen smartphones in 2015! While the numbers may look huge, Samsung’s very own android devices from the J series proved to be a problem for the sales of Tizen based Z3 and Z1 launched in India.

      • Android

Free Software/Open Source

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