09.05.07

Gemini version available ♊︎

More Proof That the Patent System Shot Down Innovation and Shot Self in Foot

Posted in Apple, Dell, Intellectual Monopoly, Microsoft, Patents at 8:24 pm by Dr. Roy Schestowitz

“when the patent quality bar is so low, everyone loses”Ever since the aggressive saber-rattling of May 2007, one of our goals here has been to show that patents are not to be dreaded. Many of them deserve to be mocked and their potential impact dismissed. How so? For starters, some of the companies that have a history of patent abuse have themselves asked for a reform. With proper reform, FUD surrounding Linux will most likely just vanish.

Here are some of the latest examples of patent abuse, harassment, and trolling.

From ‘Innovation’ to Banning of Products

The very latest abuser appears to have painted Sun Microsystems as its victim. NetApp targets ZFS. It strives to shoot down one of Sun’s break-and-butter products.

NetApp files suit against Sun over ZFS

[...]

The patents in question include methods and techniques for error correction, software RAID and, according to the NetApp complaint, the method for maintaining consistent states of a file system and for creating user accessible read-only copies of a file system. “We want them to stop developing ZFS, stop distributing [it] and stop doing derivative works with it in particular,” Warmenhoven said.

A classic case that has been mentioned here for quite a while is the Broadcom/Qualcomm dispute. There was an embargo. Here is the latest:

Broadcom wins antitrust appeal against Qualcomm

[...]

Broadcom’s lawsuit accused Qualcomm of breaking a pledge to the standards board to be fair when licensing patents for technology it owned. That technology has been adopted as an industry standard to promote interoperability among handsets and carriers.

Here is another ludicrous case where Apple, Acer, Dell, Gateway are targeted.

The firm alleges the companies have breached patent 7,009,655B2 – catchily titled “method and system for direct recording of video information onto a disk medium”.

Re-innovating the Wheel

How about this sophisticated patent?

The present invention relates to an information system, comprising an input device, a presentation device, a processing unit and a database with an address register for storing address information, such as name, address, telephone and telefax numbers, for legal and/or natural persons, said system providing structured access to said address information.

Sounds like a digital address book. Where is the invention? How about this one from Microsoft?

“Last week, the USPTO published a rather odd Microsoft patent application for Content Ratings and Recommendations, which describes how religious-based communities and other ‘subcultures’ can use the patent-pending process to prevent their members from viewing undesirable television programs and movies.”

“Prior art,” says anyone who wasn’t born yesterday. Amazon wanted to patent the idea of book recommendation, which is equally sad.

Here’s a new one from Google.

Google owes its success to putting advertising into parts of our lives where no one has ever put adverts before. Now a new patent illustrates the extent of its ambitions.

Hope is Not Lost

The only good news is that, later this week, the Congress will vote on the need for a patent system reform.

“We’ve spent three Congresses on this,” said Steve Elmendorf, a lobbyist for the Coalition for Patent Fairness, a group of technology companies, such as Microsoft, Apple Inc. and Cisco Systems Inc., that favor the legislation.

Ironically (or not), Microsoft will stand in the way.

Microsoft Corp.’s success in reversing a $1.52 billion trial loss was the latest in a series of court victories that may undermine its chance for broad changes in U.S. patent law this year.

Groklaw continues its bug squashing effort and it also sets its eye on Microsoft patents that are good candidates for dismissal.

For sure I don’t want any patents getting approved that might be used against FOSS someday because I wasn’t paying attention. My worry is that because we have been busy elsewhere, the Microsoft patent submission might slide by, get approved by default despite there being prior art we neglected to mention, and then the FUD machine can start up about how it’s now a super strong patent that made it through a FOSS community examination.

In relation to OOXML, Matt Aslett said that nobody wins when the standards are low. Let’s borrow this nice phrase and say that when the patent quality bar is so low, everyone loses. Science loses. Technology is stalled. Only lawyers win.

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. Links 27/10/2021: XOrg Server 21.1 and Makulu Shift Ubuntu Variant Released

    Links for the day



  2. Links 27/10/2021: Murena for /e/ and Red Hat Condemned for Its Nationalism/Racism

    Links for the day



  3. [Meme] EPO Presidential Surveys

    The 'social democracy' of Benoît Battistelli and António Campinos as demonstrated by a controlled survey (controlled by the subject of the survey, EPO governance)



  4. 'Shaping the New Normal' Survey at the EPO Got 5,554 EPO Staff to Participate, But It Was Controlled by Liars With an Agenda

    Last year’s EPO ‘study’ (hogwash about “quality” and other unscientific junk) was likely biased by virtue of autocrats controlling it and exploiting it for nefarious agenda and brainwashing of national delegates. The Staff Union of the EPO (SUEPO) has a new survey in the making.



  5. Many of the National Delegations (or Delegates) in the EPO's Administrative Council Have No Understanding of What They Vote on

    One must consider the possibility that ignorance or gullibility (which lack of qualifications may entail) possibly became a contributing factor — malice and bribery aside — in systemic failure of the EPO’s governance



  6. The EPO’s Overseer/Overseen Collusion — Part XXV: The Balkan League - Fresh Blood or Same Old, Same Old?

    We take stock of "captured states" that voted in favour of unlawful "Strike Regulations"



  7. IRC Proceedings: Tuesday, October 26, 2021

    IRC logs for Tuesday, October 26, 2021



  8. Beatriz Busaniche Speaks Up in Defense of Richard Stallman

    Beatriz Busaniche sent us this comment in July 2021. She wrote it originally in Spanish. Here are both the original text and our translation to English.



  9. Links 26/10/2021: SUSE Linux Enterprise Micro 5.1 and Multi-Distro Benchmarks

    Links for the day



  10. Links 26/10/2021: Vulkan 1.1 Conformance for Raspberry Pi 4 and Tor Browser 10.5.10

    Links for the day



  11. [Meme] Sounds Legit

    When not cheating on the wife, the EPO‘s “doyen” cheats in the exams and makes it into the epi Council, in effect working “[t]owards a common understanding [sic] of quality” with “patent attorneys nominated as “assessors” by the EPO, epi and BusinessEurope” (notorious lobbyists for dictators, litigation, and monopolies, neither business nor science)



  12. [Meme] Mayoral Patent Office Chief

    As it turns out, political 'double-dipping' isn't just a thing in North Macedonia, Austria, and EPOnia



  13. Romania's Patent Office (OSIM): Nine Different Chiefs in Just Eight Years

    The Romanian State Office for Inventions and Trademarks (OSIM), being the equivalent of the U.S. Patent and Trademark Office (USPTO) in the sense that it covers both patents and trademarks, is a very flaky institution with no shortage of scandals; for our English-reading audiences we now have a summary of a decade’s worth of blunders and leadership changes



  14. The EPO’s Overseer/Overseen Collusion — Part XXIV: The Balkan League - Romania

    Romania’s patent office has been in flux this past decade, occasionally led by people with no relevant experience, but rather political connections (like EPO President António Campinos) and sometimes forged documents and fake degrees



  15. IRC Proceedings: Monday, October 25, 2021

    IRC logs for Monday, October 25, 2021



  16. [Meme] “Social Democracy” at the EPO

    Some comments on the current situation at the European Patent Office from Goran Gerasimovski, the new EPO Administrative Council delegate for North Macedonia and Social Democratic candidate for mayor of Centar (a municipality of Skopje)



  17. [Meme] António Campinos Visits the OSIM

    António Campinos visits OSIM Director-General Ionel Muscalu in February 2014



  18. [Meme] [Teaser] Meet the President

    Later today we shall see what Romania did for Battistelli



  19. Links 26/10/2021: Latte Dock 0.10.3 and Linux 5.15 RC7

    Links for the day



  20. Gemini Protocol's Originator: “I Continue to Care About This Project and I Care About the Community That Has Formed Around It.”

    'Solderpunk' is back from a long hiatus; this bodes well for Geminispace, which grew fast in spite of the conspicuous absence



  21. Bulgarian Like Bavarian Serfdom

    Bulgarian politics seem to have played a big role in selecting chiefs and delegates who backed Benoît Battistelli‘s unlawful proposals, which treat workers almost like slaves and ordinary citizens as disposable ‘collaterals’



  22. The EPO’s Overseer/Overseen Collusion — Part XXIII: The Balkan League - Bulgaria

    Today we examine the role of Bulgaria in Benoît Battistelli‘s liberticidal regime at the EPO (as well as under António Campinos, from 2018 to present) with particular focus on political machinations



  23. Links 25/10/2021: New Slackware64-current and a Look at Ubuntu Budgie

    Links for the day



  24. Links 25/10/2021: pg_statement_rollback 1.3 and Lots of Patent Catchup

    Links for the day



  25. Microsoft GitHub Exposé — Part III — A Story of Plagiarism and Likely Securities Fraud

    Today we tread slowly and take another step ahead, revealing the nature of only some among many problems that GitHub and Microsoft are hiding from the general public (to the point of spiking media reports)



  26. [Meme] [Teaser] Oligarchs-Controlled Patent Offices With Media Connections That Cover Up Corruption

    As we shall see later today, the ‘underworld’ in Bulgaria played a role or pulled the strings of politically-appointed administrators who guarded Benoît Battistelli‘s liberticidal regime at the EPO



  27. IRC Proceedings: Sunday, October 24, 2021

    IRC logs for Sunday, October 24, 2021



  28. Links 25/10/2021: EasyOS 3.1 and Bareflank 3.0

    Links for the day



  29. The Demolition of the EPO Was Made Possible With Assistance From Countries That Barely Have European Patents

    The legal basis of today's EPO has been crushed; a lot of this was made possible by countries with barely any stakes in the outcome



  30. The EPO’s Overseer/Overseen Collusion — Part XXII: The Balkan League - North Macedonia and Albania

    We continue to look at Benoît Battistelli‘s enablers at the EPO


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