08.02.07

Gemini version available ♊︎

USPTO: Eliminating Young Companies While Defending Abuse by Giants

Posted in America, Apple, Google, IBM, Intellectual Monopoly, Microsoft, Patent Covenant, Patents at 10:07 pm by Dr. Roy Schestowitz

Demands for a patent system reform are very loud nowadays. To pick some headlines and stories from yesterday:

Google: Kill all the patent trolls

So, even a company that has begun thriving in search-related patents is getting fed up.

Google’s head of patents believes the U.S. patent system is “in crisis”.

RealNetworks Case Highlights Sea-Change In Patent Law

Once again, we see the KSR decision coming into play.

“I can tell you that as a result of the KSR decision, we are receiving new training to determine how we process patent applications,” Locker said. “Right now it’s an open question as to how it will impact us. But it very well may mean that it will be a lot tougher for people to get patents.”

Microsoft and Xen and Patent Leadership

This one comes from a consultant who denounced Microsoft’s “patent terrorism”.

A quick check of the USPTO patent database can give us a initial inexact feel for the space:

  • Patents with VMWare as the assignee (22)
  • Patents with Microsoft as the assignee (7117)
  • Patents with Microsoft as the assignee and containing “virtualization” (20)
  • Patents with Advanced Micro Devices and containing “virtualization” (4)
  • Patents with International Business Machines and containing “virtualization” (130) !!!
  • Patents with SWSoft as assignee and containing “virtualization” (2)
  • Patents with SWSoft as assignee [SWSoft makes Parallels] (6)
  • Patents with Intel as assignee and containing “virtualization” (100)

[...]

To date their competitors keep rolling positional hand grenades out into the field and the Microsoft legal team feels obliged to leap on every one of them. Mention the GPL and the Microsoft legal team runs screaming with their hair ON FIRE (to borrow a phrase from Eben Moglen’s great Ubuntu Live keynote.)

Advertising that is relevant to a person – classic case of patent trolling

Microsoft is always a step ahead when it comes to abusing the patent system.

Patent application Advertising that is relevant to a person just filed by Microsoft is a splendid example of patent abuse or patent trolling.

Is the U.S. patent system in crisis? Apple, Google patent czars disagree

As I’ve always suspected, Apple is not so different from Microsoft when it comes to habits which defend dominance.

Chip Lutton, Apple chief patent counsel, said at a conference at Stanford University that the United States patent system is not broken and he’s not sure there’s a crisis.

Time Warner and IBM Enter Patent Cross-License Agreement

IBM is no angel either, but what else would you expect from large and long-established companies?

Patent cross-licenses support one of the basic reasons for granting patents — sharing information about new inventions — and give companies greater freedom to innovate.

What freedom to innovate? Every startup is scared. This is nothing but a system that discourages competition and gives rise to an oligopoly. Just to illustrate this point, here is some older (and highly disturbing) news where a report gets ‘hijacked’ by large companies.

A report published by an EU task force on intellectual property claims that small businesses benefit from a patent system, despite lacking almost any participation by the small business community.

Instead, the report, titled IPR (intellectual property rights) for competitiveness and innovation, was written up almost entirely by large corporations and the patent industry.

[...]

The report does note objections from the likes of patentfrei.de and Sun Microsystems, which were recorded at some length in the report. But this does not appear to have impacted the conclusion of the report in any way

[...]

Jean-Pierre Laisne, of ObjectWeb, an open source software community, said that he found the report useless: participants were told that all their contributions would be recorded but at the end only those of Business Software Alliance and Microsoft were used.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022



  2. Links 17/1/2022: postmarketOS 21.12 Service Pack 1 and Mumble 1.4 Released

    Links for the day



  3. [Meme] Gemini Space (or Geminispace): From 441 Working Capsules to 1,600 Working Capsules in Just 12 Months

    Gemini space now boasts 1,600 working capsules, a massive growth compared to last January, as we noted the other day (1,600 is now official)



  4. [Meme] European Patent Office Space

    The EPO maintains a culture of illegal surveillance, inherited from Benoît Battistelli and taken to a whole new level by António Campinos



  5. Gemini Rings (Like Webrings) and Shared Spaces in Geminspace

    Much like the Web of 20+ years ago, Gemini lets online communities — real communities (not abused tenants, groomed to be ‘monetised’ like in Facebook or Flickr) — form networks, guilds, and rings



  6. Links 16/1/2022: Latte Dock 0.11 and librest 0.9.0

    Links for the day



  7. The Corporate Cabal (and Spy Agencies-Enabled Monopolies) Engages in Raiding of the Free Software Community and Hacker Culture

    In an overt attack on the people who actually did all the work — the geeks who built excellent software to be gradually privatised through the Linux Foundation (a sort of price-fixing and openwashing cartel for shared interests of proprietary software firms) — is receiving more widespread condemnation; even the OSI has been bribed to become a part-time Microsoft outsourcer as organisations are easier to corrupt than communities



  8. EPO's Web Site Constantly Spammed by Lies About Privacy While EPO Breaks the Law and Outsources Data to the United States

    The António Campinos-led EPO works for imperialism, it not only protects the rich; sadly, António’s father isn’t alive anymore and surely he would blast his son for doing what he does to progress his career while lying to staff and European citizens



  9. Links 16/1/2022: Tsunami and Patents

    Links for the day



  10. IRC Proceedings: Saturday, January 15, 2022

    IRC logs for Saturday, January 15, 2022



  11. Links 16/1/2022: Year of the GNU/Linux Desktop and Catch-up With Patent Misinformation

    Links for the day



  12. Patrick Breyer, Unlike Most German Politicians, Highlights the Fact That Unified Patent Court (UPC) and Unitary Patent Are Incompatible With EU Law

    A longtime critic of EPO abuses (under both Benoît Battistelli and António Campinos leadership), as well as a vocal critic of software patents, steps in to point out the very obvious



  13. Links 15/1/2022: Flameshot 11.0 and Libvirt 8.0

    Links for the day



  14. Blogging and Microblogging in Geminispace With Gemini Protocol

    Writing one’s thoughts and other things in Geminispace — even without setting up a Gemini server — is totally possible; gateways and services do exist for this purpose



  15. Links 15/1/2022: Raspberry Pi in Business

    Links for the day



  16. IRC Proceedings: Friday, January 14, 2022

    IRC logs for Friday, January 14, 2022



  17. Gemini Clients: Comparing Moonlander, Telescope, Amfora, Kristall, and Lagrange (Newer and Older)

    There are many independent implementations of clients (similar to Web browsers) that deal with Gemini protocol and today we compare them visually, using Techrights as a test case/capsule



  18. 2022 Starts With Censorship of Christmas and Other Greetings at the EPO

    The nihilists who run the EPO want a monopoly on holiday greetings; to make matters worse, they’re censoring staff representatives in their intranet whilst inconsistently applying said policies



  19. Links 14/1/2022: FFmpeg 5.0 and Wine 7.0 RC6

    Links for the day



  20. White House Asking Proprietary Software Companies That Add NSA Back Doors About Their Views on 'Open Source' Security

    The US government wants us to think that in order to tackle security issues we need to reach out to the collective 'wisdom' of the very culprits who created the security mess in the first place (even by intention, for imperialistic objectives)



  21. Links 14/1/2022: EasyOS 3.2.1 and Qt 6.3 Alpha

    Links for the day



  22. Scientific Excellence and the Debian Social Contract

    The Debian Project turns 30 next year; in spite of it being so ubiquitous (most of the important distros of GNU/Linux are based on Debian) it is suffering growing pains and some of that boils down to corporate cash and toxic, deeply divisive politics



  23. Links 14/1/2022: openSUSE Leap 15.2 EoL, VFX Designers Are Using GNU/Linux

    Links for the day



  24. IRC Proceedings: Thursday, January 13, 2022

    IRC logs for Thursday, January 13, 2022



  25. 2022 Commences With Microsoft-Themed (and Microsoft-Connected) FUD Against GNU/Linux

    A psychopathic Microsoft, aided by operatives inside the mainstream and so-called 'tech' media, keeps spreading old and invalid stigma about "Linux" and Free software; few people still bother responding to these fact-free FUD campaigns, which boil down to ‘perception management’ PR/propaganda



  26. Between January 2021 and January 2022 the Number of Active Gemini Capsules Nearly Quadrupled Based on Publicly-Available Catalogue of Capsules

    Geminispace has grown to about 2,000 known capsules and 1,600 of them are active, permanently online, fully accessible; in January last year these numbers were about 4 times smaller



  27. Links 13/1/2022: NetworkManager 1.34 and Everett 3.0.0

    Links for the day



  28. Links 13/1/2022: Sparky 5.16, Fwupd 1.7.4, and KDE Plasma 5.24 Beta Released

    Links for the day



  29. Call a Spade a Spade (Microsoft 'Contributions' to Linux)

    Call a spade a spade; Microsoft does not love Linux and doesn’t try to help Linux, as it’s still all about Windows and proprietary software with surveillance, back doors, and worse things



  30. No Excuses for Using GitHub Anymore

    Software developers become living witnesses to more and more reasons to abandon Microsoft for good


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 Channel: Come and chat with us in real time

Recent Posts