EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

09.06.08

Patents News: Philips Pirates, Candidates Wants Reform, Trolls Still on the Loose

Posted in Free/Libre Software, GNU/Linux, Google, Law, Microsoft, Patents at 9:42 am by Dr. Roy Schestowitz

Nathan Myhrvold

With Patent Pirates Like Philips, Who Needs WIPO?

Patent Pirates shall be a term which refers to large companies that attack smaller ones with the help of armed “pirates”; this is not to confused with patent sharks, also sometimes referred to as patent trolls. If big companies are allowed to daemonise sharing of knowledge or information using words like “pirates”, why can’t we?

The racketeers from Sisvel [1, 2, 3] may soon be served some justice for taking the law into their own hands. This blow-your-kneecaps-or-pay-for-patents firm may have its proprietor, Philips, be taken to court for its illegal (never mind excessively aggressive) raids on potentially-legitimate products.

Electronics giant Philips is being threatened with legal action following raids at a major German trade fair sparked by Sisvel, the Italian licensing company. Sisvel. which administers patents related to MP3 technology on behalf of a number of companies including Philips, asked German customs authorities to take action against a group of exhibitors at the fair, claiming that products they had on show were infringing.

If a lesson is worth learning here, it is the lesson that large companies like Philips do their ‘dirty work’ via proxies that have no products and hardly even a public face. Recall Microsoft and those Microsoft-occupied shell companies like Acacia [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11] and Intellectual Ventures [1, 2, 3, 4, 5].

Crisis of Intellectual Monopolies

Whereas McCain seems likely to encourage more of the same [1, 2], the following post suggests that both presidential candidates want a patent reform.

Intellectual property advisors to both US presidential candidates have said that the US patent system is in need of reform. The advisors told a meeting at last week’s Democratic Conference that patent quality must be improved.

Perhaps it’s true that there will be a reform. Maybe a reform for the worse (a deform), assuming AT&T’s desires are eventually fulfilled.

It’s interesting that AT&T is bragging about its pursuit of “more patents” rather than, say, more R&D spending or more innovation. AT&T isn’t exactly known for its record of high-tech innovation, so it’s a little surprising to see it hold itself out as a poster child for the patent system—particularly when we remember that AT&T and other telco incumbents have used the patent system to extort tens of millions of dollars from companies like Vonage that are actually innovating.

AT&T for patents

Free Software Magazine has this good new article about the adversities at play.

Intellectual freedom versus intellectual property

The liberation of information has been going on for a long time: one might say for all of human history, as history itself is one of the oldest forms of information sharing. There are several major landmarks dotting that course, which I might point to: the invention of spoken language, of writing, of ink and paper, of block printing, movable type printing, digital typesetting, electronic distribution, and most recently, the internet.

Each of these steps has produced an opening up in the exchange of information, resulting in more efficient technological progress, followed by additional steps in increasing our communications abilities. These steps have been associated closely with massive and rapid improvements in science, health, and standard of living, for most of human history. And, despite post-modernist angst, the reality is that there aren’t many of us who would genuinely trade our present lifestyle for that of our ancestors: especially if we consider the additional pressures imposed by population growth.

Bad, Bad Software Patents

Watch how the TiVo patents saga unfolds. With its software patents used offensively, TiVo is clearly no friend of Free software, despite its adoption of the Linux kernel. [via Digital Majority]

Another change is that TiVo won a key lawsuit against Dish Networks. In that lawsuit, a federal court ruled that Dish’s recording devices infringe TiVo software patents. In fact, a hearing begins Thursday in federal district court in the Eastern District of Texas on how the penalties against Dish will be enforced.

Another integral part of this problem is Amazon, which has been awarded a patent on a bunch of nonsense. Tech Dirt has the dirt on Amazon:

theodp writes “Amazon was awarded a patent Tuesday for its Interactive Time-Limited Merchandising Program and Method for Improved Online Cross-Selling, which appears to be lawyer-speak for presenting customers with one limited-time offer after another until they finally bite on one or decline them all. So be careful – the next time you offer folks 10% off on a garden rake if they purchase it within sixty minutes after declining to buy a saucepan, you could be guilty of patent infringement!”

At a lower scale, the Sheldon Goldberg troll [1, 2, 3] is still keeping busy.

Patent Troll Strikes Again! Targets: AOL, Digg, Google, and Yahoo!

They’re all targets in a lawsuit filed by a Mr Sheldon Goldberg, a patent-bearer who’s infamy as a conniving troll stretches back to 2004, when he began to go after companies for purportedly infringing on a couple of his holdings. His aim: to seek legal (and financial) restitution for all things solitaire related. Or most all things, anyway.

Yes, you read it right. Solitaire. The still-phenomenally-popular card game. That’s his beef.

More patent troll ammunition is up for sale. It’s funny to see how it’s being marketed.

“In addition to the pay-per-call application, our click-to-call
patented technology has many other applications, including but not limited
to search-engine-results, online directories, websites, advertising
banners, auction-site postings, branded desktop buttons, and any
communication delivered via email such as newsletters, statements, order
confirmations, opt-in email campaigns, all part of the online advertising
world. Our patent protection goes back to May 1999. Our portfolio of
patents claims the front end to any ‘click-to-call’ transaction, no matter
where the ‘click-to-call’ technology is utilized,” says Liebster.

So here they are. Thriving in a broken system that nobody really wants, yet nobody wants to repair, either; promises alone don’t repair a system. Is implosion the only way out of this?

Eye on Microsoft: Windows Shatter, Yahoo Recommends Firefox 3

Posted in GNU/Linux, HP, Marketing, Microsoft, Vista, Windows at 9:01 am by Dr. Roy Schestowitz

Microsoft Buys Into More Media Companies

A few days ago we wrote about Microsoft's effect on Globo, which along with other publications that Microsoft pays, resorts to more mind-shaping and manufactured consent. It turns out now — not that it’s surprising at all — that Microsoft is still putting its money in media/cable companies, the latest example being an investment in Japanese television. What has Microsoft, a software marketing company, has really got to gain here?

Microsoft and Japanese phone company NTT are joining 11 other companies in taking a stake in Japan’s first 24-hour-English language broadcasting service.

Will they be covering any GNU/Linux? Favourably?

Windows in a Crisis

Business Week is by no means an independent publication, but nonetheless, it covers what seems like a major development.

As Hewlett-Packard steps up efforts to make Microsoft’s operating system easier to use, some want to devise a rival version with Linux

[...]

Others in HP’s PC division are exploring the possibility of building an HP operating system for mainstream desktop and notebook computers based on the open-source Linux system, which competes with Windows, say people familiar with the company’s plans. The goals may be to make HP less dependent on new releases of Windows, and to strengthen HP’s hand against Apple (AAPL), which has gained market share with computers that boast innovative features and inspire a loyal following of users.

This new post compares the above to a Windows obituary.

Wow, a tough day for Windows.

BusinessWeek reports that HP, the world’s biggest PC company, is so troubled by Vista’s ‘tepid reception’ and Apple’s resurgence that it is developing its own operating system. Meanwhile a New York Times columnist writes on his blog that Windows is “already dying a death by a thousand cuts.”

Marketing Problems

It’s widely agreed that the Vista advertisement campaign has thus far been a major failure [1, 2, 3, 4, 5, 6, 7, 8, 9, 10], but the latest ‘suckage’ has proven successful because even FOSS bloggers are spreading the message for free (showing that video commercial to ridicule it). They are demonstrating the effect of viral marketing. It’s better to abstain drawing attention any to it.

Regardless, despite the fact that people are disappointed with those Vista ads, Microsoft has other things going on. Like this one:

Microsoft isn’t opening brick-and-mortar Microsoft stores. Instead, this holiday season, Microsoft will be hiring 150 or so Microsoft-trained “Windows gurus” to work in retailers like Best Buy and Circuit City to help explain how Windows, Windows Live services and Windows Mobile PCs and devices work. The gurus will “assist PC buyers, similar to the Nordstrom model of ‘personal shoppers,’ where the focus is more on informing and supporting the customer than on the actual sale,” according to Microsoft.

There is also an article about this here and a reader who sent this to us adds: “I found the following story interesting, where Microsoft plans to put its own representatives in major retail chains.

“I also liked the placement of the story under “wild, wacky” or “watercooler” stories. It’s supposed to combat something that Apple already does. The writer correctly expresses doubt about how much this will help Microsoft improve its sales. My own take is that this is a sign of desperation, where before Microsoft had no need to try anything of this sort.”

Critical Problems

Windows has not just a marketing problem; there are some more critical problems, such as those which result in approximately 320,000,000 zombies PCs. A fully-updated Windows is currently open for hijackers and patches will be available only next week.

Microsoft will release four critical updates to several software packages next Tuesday, the company said.

The illusion of security need no longer be.

Yahoo! Escapes Microsoft and Recommends Firefox!

According to a report from Bloomberg, Yahoo has been walking further away from Microsoft. That’s what Microsoft seems to suggest, but can its CFO be believed despite alleged securities fraud?

Microsoft Corp.’s chief financial officer said Thursday that the chances of the software maker buying Yahoo Inc. are still “negligible.”

This comes after bullying by Microsoft and a departure of the man behind it. Could the prefect revenge for Yahoo be this new promotion of Firefox 3?

Yahoo is offering a customized Firefox 3 edition which comes with some customizations optimized for Yahoo users:

• The world’s homepage with built-in Search powered by Yahoo!
• Yahoo! Search with Search Assist for instant suggestions as you type, and SearchScan for added safety
• Yahoo! Toolbar to keep your favorites at your fingertips

Embracing Firefox in this fashion makes Yahoo less attractive a target for Microsoft takeovers. In fact, the more Free software Yahoo adopts now, the safer it will be from such a hostile takeovers. Let us hope for more of the same.

Does Microsoft Do VMware’s Thinking ‘on Its Behalf’?

Posted in GNU/Linux, Microsoft, Red Hat, Servers, SLES/SLED, Virtualisation, Windows, Xen at 7:27 am by Dr. Roy Schestowitz

This important background post may be essential for better understanding of the latest development. The gist of it is that Microsoft’s strong relationship with EMC, Microsoft’s Partner of the Year 2008, enabled it to sneak a former high executive into the CEO ‘slot’ of VMware, having pushed Diane Green out of her long-standing role there. Microsoft now has partial control of VMware, which it can deny all it wants.

The Microsoft-shakes-Microsoft’s-hands situation appears to be continuing. The company controls both self and its fiercest competitor, so having its competitor concede completion or demote GNU/Linux is merely a game.

Despite VMware’s sheer dominance, it keeps caving to an almost inexistent rival. (highlight in red is ours)

VMware has confirmed that its ESX hypervisor will now work with Windows Server, as well as other software from Microsoft.

The move also gives customers ESX technical support from both companies when deploying VMware virtualisation software on Microsoft infrastructure.

Microsoft’s plan is to push GNU/Linux out of the server room through the gradual adoption of virtualisation (the almost-vast majority of datacentres haven’t yet taken advantage of hypervisors). Novell lends a hand to Microsoft by helping it exclude GNU/Linux vendors. The effect on Red Hat, for example, was noted yesterday.

What we have Microsoft do here is simple: Ripping apart the virtualisaton industry, creating a coalition along with existing partners and many acquisitions. All of this just to catch up. Microsoft tried these tactics in Netscape’s days (e.g. Internet Explorer and OEMs) and now it’s attempting the same game, boosted by Novell’s and Citrix’ assistance. Watch what Crosby (of Xen) has just said under the wing of Microsoft’s Partner of the Year 2008:

“They do not compete in the market for bare-metal or general purpose virtualization systems and certainly have nothing to do with the broader application delivery space. Crosby told InternetNews.com. “Their only interest is getting some level of virtualization built into the Linux OS so that Red Hat Linux is not at an even further disadvantage to Microsoft once Hyper-V begins shipping as part of Windows Server.”

Crosby argued that it is Citrix’s belief that the majority of the market will want bare-metal virtualization systems like XenServer and VMware ESX with some segments wanting virtualization built into the Windows OS through Hyper-V.

Citrix and Xen are expected to remain close to Microsoft if not grow closer to it. This is not competition. It’s market distortion through radical intervention and sabotage of status quo. Even Microsoft’s ‘fan analysts’ are helping this happen [1, 2]. Where are the regulators?

Microsoft dirty tactics

Novell Still Playing Microsoft’s Jester

Posted in FUD, Mail, Marketing, Microsoft, Novell at 7:01 am by Dr. Roy Schestowitz

“A jester, joker, jokester, fool, wit-cracker, prankster, or buffoon is a member of a profession that came into popularity in the Middle Ages. Jesters are always thought to have typically worn brightly colored clothes and eccentric hats in a motley pattern.” [Source: Wikipedia]

Ron Hovsepian begs Ballmer

Although it is arguable, Novell’s biggest announcement last week was the beta of GroupWise. From the unenthusiastic press release:

GroupWise offers a wide range of new functionality and collaboration tools to give users the most integrated and connected work environment available today.

This announcement was significant enough to receive some press coverage [1, 2, 3, 4].

How is Novell’s GroupWise getting along? Don’t ask Novell because its spinner would say it’s fantastic. In reality, however, it’s Microsoft which is killing Novell, its supposable partner. Here is one example from the news:

When Chiquita Brands International decided to move its 4,000 Novell GroupWise e-mail users to Microsoft Exchange two years ago, it wanted to avoid hiring new staff to handle the increased complexity of Microsoft’s e-mail software. So it looked to remote e-mail management services from Azaleos, which moved Chiquita to an on-premises deployment of Exchange that Azaleos oversees from its headquarters in Seattle.

Microsoft is also shaving GroupWise off of Lincolnshire County Council.

Lincolnshire County Council is shifting thousands of workers from Novell to Microsoft systems as part of an IT overhaul.

The revamp will see the council migrate 5,500 staff from Novell Netware and Groupwise to Microsoft Windows and Exchange, as well as build a new wide area network and expand its range of thin clients, as it seeks to cut costs and make its IT easier to maintain and manage.

Let us now forget that Novell constantly attributes its current ‘success’ — however bogus it may be — to Microsoft.

It is rather amusing to find Novell getting kicked in the shin by Microsoft-funded analysts, whom Microsoft has regularly paid for anti-GNU/Linux benchmarks. Those same analysts are now dissing GroupWise out in public, leading to the article “The demise of GroupWise?”

The beta version includes a dashboard that lets users customize their workspace but an Info-Tech analyst notes there’s nothing earth-shattering. Find out what mashup features it has

[...]

As IDC Canada research analyst Kevin Restivo pointed out, “It’s not a matter of product functionality—it’s a Novell business issue. People increasingly want to buy from one supplier, and so it may look easier to go with Microsoft or IBM.”

All bow to IDC, one of Microsoft’s favourite disinformation arms [1, 2, 3, 4, 5]. We shall write some more about it shortly. IDG and IDC are pretty much the same establishment and IDG does a lot of GNU/Linux coverage, little of which is flattering. it’s part of a very broad media crisis with catastrophic effects on the issue of trust.

___
[1] GroupWise open beta launched by Novell

The programme is available as a free download and offers customers and partners an integrated solution combining traditional e-mail and calendaring functionality in a personal dashboard with team workspaces and Web 2.0 resources such as wikis, blogs and RSS feeds.

[2] Novell releases open beta version of GroupWise

Novell has announced an open beta version of its latest collaboration system GroupWise, as customers demand advanced networking solutions.

[3] Novell throws open GroupWise beta

Software giant Novell has launched an open beta, or testing, version of its GroupWise collaboration software, saying the software would combine traditional collaboration functionality with updated Web 2.0-style additions.

[4] Novell releases GroupWise 8 beta (also here)

Kent Erickson, senior vice president and general manager of Novell’s workgroup solutions arm, said organisations are looking for collaboration tools that keep their employees focused on driving business forward, and their systems running smoothly, without increasing costs.

IRC: #boycottnovell @ FreeNode: September 5th, 2008 – Part III

Posted in IRC Logs at 2:29 am by Dr. Roy Schestowitz

Enter the IRC channel now

Read the rest of this entry »

IRC: #boycottnovell @ FreeNode: September 5th, 2008 – Part II

Posted in IRC Logs at 2:26 am by Dr. Roy Schestowitz

Enter the IRC channel now

Read the rest of this entry »

IRC: #boycottnovell @ FreeNode: September 5th, 2008 – Part I

Posted in IRC Logs at 2:24 am by Dr. Roy Schestowitz

Enter the IRC channel now

Read the rest of this entry »

09.05.08

Links 05/09/2008: Chrome on GNU/Linux, X Developer Summit Summary

Posted in News Roundup at 7:52 pm by Dr. Roy Schestowitz

GNOME bluefish

GNU/Linux

Sun

X

F/OSS

Leftovers

Digital Tipping Point: Clip of the Day

Simon Phipps, head of free open source strategy at Sun Microsystems Evangelist, Berlin 01 (2004)

Ogg Theora

Digital Tipping Point is a Free software-like project where the raw videos are code. You can assist by participating.

« Previous Page« Previous entries « Previous Page · Next Page » Next entries »Next Page »

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channels: Come and chat with us in real time

New to This Site? Here Are Some Introductory Resources

No

Mono

ODF

Samba logo






We support

End software patents

GPLv3

GNU project

BLAG

EFF bloggers

Comcast is Blocktastic? SavetheInternet.com



Recent Posts