03.06.08

Patents Roundup. Microsoft is Faking it Again

Posted in Courtroom, Free/Libre Software, Microsoft, Patents, Tivoization at 11:58 pm by Dr. Roy Schestowitz

For those who are curious enough to keep track of the broken USPTO, here is a quick summary.

Unnecessary, Unproductive Litigation

According to this article from the New York Times, we might — just might — see business method patents come to an end.

The death of business method patents could be felt strongest in Silicon Valley, where a first step of many entrepreneurs is to retreat with lawyers to start patenting defensible business ideas. It could also affect patent acquisition firms such as Intellectual Ventures, a firm funded by major technology companies such Microsoft, Google, Intel, Apple and Nokia, that is aggressively accumulating patent portfolios.

More about this in [1, 2, 3, 4, 5, 6, 7]. Business methods could start an avalanche.

The Qualcomm-Nokia ping-pong game is far from over.

Nokia is celebrating the fact that Qualcomm has, to date, failed to win a single case concerning GSM patents. “This is the second court to conclude that Qualcomm does not have relevant and valid GSM patents,” commented Nokia’s chief financial officer Rick Simonson. The US International Trade Commission (ITC) has already declared one of three Qualcomm patents to be invalid and rejected an appeal. Both actions concerned similar patents from the same family, as confirmed by Nokia.

Another bad idea in the making:

Starhome, which provides roaming services and converged solutions, has revealed that it has been granted a patent in the US (No. 7 333 808) for it’s Intelligent Border Roaming technology. The patent is based on Starhome’s service node architecture for controlling and steering border roaming, which prevents home network subscribers from inadvertently registering to cross-border foreign networks with strong coverage.

From Digital Majority

Digital Majority had some good picks, including:

1. Wanted: Prior Art to Bust Firepond/Polaris Patent

To bust this overly broad patent, we need to find prior art that describes a product made before 1997 in this way. Take a look at the description and please forward it to anyone you know who might have special knowledge related to natural language processing. Prior Art can be submitted here.

2. Jim Bessen on “Patent Failure”

Bessen’s presentation is titled “Patent Failure”. Bessen analyzes a broad range of evidence on the economic performance of the patent system. He finds that patents provide strong incentives for firms in a few industries, but for most firms today, patents actually discourage innovation because they fail to perform as well-defined property rights. This analysis provides a guide to policy reform.

3. How TiVo won

And now, at last, there seems to be a path to profitability. A successful courtroom defense of its software patents laid the groundwork for what many analysts believe to be a coming period of exponential growth. In January, a federal appeals court upheld that digital recorders distributed by The Dish Network (owned by EchoStar (SATS)) infringed on several Tivo patents, including one that allows viewers to simultaneously view one show while watching another.

Another good reason to promote GPLv3?

Microsoft is Faking “Open Source”

This is perhaps a little off topic, but consider the warnings we saw in the past about Microsoft hijacking and then redefining open source. This continues to become a reality.

I’m totally tortured with agonizing over Microsoft’s Singularity. See, I have a standing moral obligation with myself as follows: If Microsoft ever released a purely Open-Source or Free Software system – as defined by the Free Software Foundation, the Open Source Initiative, or common conventional wisdom – I have said (and will repeat here) that I would download it, try it out, review it, and possibly adopt it, to be treated no different from software from, for example, Red Hat Inc. or BSD.

But I’m poring over the license, and this seems like it doesn’t qualify. It seems to be proprietary with the extra feature of being able to see the source, and modify and redistribute it only in the interests of academic research, with the stipulation that:

* It allows no “activity which purpose is to procure a commercial gain to you or others.” Does blogging about it on a website with ads count? Does publishing an ebook hacking guide count?
* “That Microsoft is granted back, a non-exclusive, irrevocable, royalty-free, and sub-licensable license to, for any purpose, reproduce, publicly perform or display, install, use, modify, distribute, make and have made, sell and transfer modifications to and/or derivative works of the Software source code or data that you provide to Microsoft through the CodePlex tool or otherwise make directly available to Microsoft.”

[...]

Seriously, it could just be the case that Microsoft really wants to do the right thing, but has no idea how to go about it. But common sense is telling me that that’s a thin defense. Microsoft has two licenses approved by the OSI (MS-Pl) and (MS-Rl); and it only takes a minute to research the Free Software Foundation’s philosophy.

Microsoft knows damned good and well what an open source license looks like. And I guess I can’t kid myself about that fact, as hard as I would like to.

“Open source” becomes more diluted than ever, thanks to Microsoft which benefits from this dilution.

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

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2008/03/06/uspto-breakage-ms-oss-hijack/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 2/8/2021: XEyes 1.2 and Fwupd 1.6.2 Released

    Links for the day



  2. Freenode is IRC... in Collapse

    Freenode is now down to just 13,194 online users, which makes it the 6th biggest IRC network. Months ago it was #1 with almost 6 times as many users as those below it. The graph above shows what the latest blunder has done (another massive drop in less than a week, with a poem and the all-time chart at the very bottom).



  3. Barrier and Synergy Can Work Together, Connecting Lots of Different Machines

    Barrier and Synergy can be configured to work properly in conjunction, though only provided different port numbers (non-default) are specified; in my current setup I have two computers to my right, working over Barrier, and two older ones on the left, working over Synergy; the video explains the setup and the underlying concepts



  4. Links 2/8/2021: Open Science in France and Zoom Pays to Settle Privacy Violations

    Links for the day



  5. It Almost Feels Like Battistelli Still Runs the EPO (by Extension/Proxy)

    The "Mafia" that destroyed the EPO is still being put in charge and is using the EPO for shameless self-promotion; it is never being held accountable, not even when courts demand remediatory action and staff seeks reparations



  6. [Meme] Vichyite Battistelli Committed Crimes and His Buddy António Snubs Courts That Confirm These Are Crimes

    Staff of the EPO is coming to realise (or reaching acceptance of the fact) that the spirit of Battistelli — not just people he left in charge of the EPO — dooms the Office and there’s no way out of this mess



  7. Links 2/8/2021: Linux 5.14 RC4 and 20% Growth in Steam

    Links for the day



  8. IRC Proceedings: Sunday, August 01, 2021

    IRC logs for Sunday, August 01, 2021



  9. Links 1/8/2021: LibreOffice 7.2 RC2 and Lakka 3.3

    Links for the day



  10. Was Microsoft Ever First in the Market?

    Confronting the false belief that Microsoft ever innovates anything of significance or is "first" in some market/s



  11. Links 1/8/2021: 4MLinux 37.0, IBM Fluff, and USMCA Update

    Links for the day



  12. Microsoft Knows That When Shareholders Realise Azure Has Failed the Whole Boat Will Sink

    The paranoia at Microsoft is well justified; they've been lying to shareholders to inflate share prices and they don't really deliver the goods, just false hopes and unfulfilled promises



  13. [Meme] Nobody and Nothing Harms Europe's Reputation Like the EPO Does

    Europe’s second-largest institution, the EPO, has caused severe harm/damage to Europe’s economy and reputation; its attacks on the courts and on justice itself (even on constitutions in the case of UPC — another attempt to override the law and introduce European software patents) won’t be easily forgotten; SUEPO has meanwhile (on Saturday, link at the bottom in German) reminded people that Benoît Battistelli and António Campinos have driven away the EPO’s most valuable workers or moral compass



  14. IRC Proceedings: Saturday, July 31, 2021

    IRC logs for Saturday, July 31, 2021



  15. [Meme] When it Comes to Server Share, Microsoft Azure is Minuscule (But Faking It)

    Don't believe the lies told by Microsoft's charlatans and frauds; Azure has been a total failure and that's why there are layoffs as well



  16. [Meme] Mozilla Has Turned From Technical to Marketing

    Way back, long before Mozilla and Firefox got hijacked by politics (turning Mozilla into a VPN reseller that lies about its stance on privacy), geeks were driving the company, not corporate lawyers and spying/marketing people



  17. Over 1,500 (Known/Unorphaned) Gemini Capsules and Over 160,000 Page Requests in gemini.techrights.org During July

    Techrights is expanding at gemini:// (Gemini space) and over 1,500 capsules are reported to have been found (less than 4 months ago it was about 1,000)



  18. Links 31/7/2021: Kernel Additions and Linux Mint 20.3 Release Date

    Links for the day



  19. Microsoft Azure Stagnating

    Reprinted with permission from Mitchel Lewis, former Microsoft employee



  20. For 17 Days (and Counting) António Campinos Has Failed to Respond to Call for Compliance With the Law

    Team Campinos has been so arrogant and so evasive that there’s no indication (yet) that it will follow court orders (Willy ‘Guillaume’ Minnoye openly bragged about ignoring court orders and he's still cheering for the EPO's abuses); therefore, staff of the EPO takes collective action



  21. Raw: Elodie Bergot Breaking the Law by Threatening Against the Exercise of Fundamental Rights

    Over the years we saw a number of rude letters from Elodie Bergot, the grossly under-qualified spouse of a friend of Vichyite Benoît Battistelli; most of these we never published (we already have these and can always publish if the need arises), but those paranoid and insecure “Mafia”-like ‘cabal’ need to be exposed for the mobsters they are; for nearly a decade they’ve illegally bullied EPO staff in clear violation of the law (and for over 3 years António Campinos has kept those bullies on board); why does Europe do nothing and why is it never holding high-profile abusers accountable (only low-level facilitators)? Is it because the EU too is being infiltrated by them?



  22. Linspire Should Be Avoided in 2021 Just Like It Was Avoided 14 Years Ago

    The brand "Linspire" was brought back, but the agenda seems to be more or less the same, namely pushing proprietary software and serving Microsoft's commercial agenda (in 'Linux' clothing)



  23. The Death of Freenode Would Be Freenode's Own Fault

    Freenode is going dark and now it’s asking people to create accounts at IRC.com (just to get back into the network that they may have already occupied for decades) as if Freenode owns “IRC” as a whole



  24. Links 31/7/2021: KDE Progress and Activision Catastrophe

    Links for the day



  25. IRC Proceedings: Friday, July 30, 2021

    IRC logs for Friday, July 30, 2021



  26. The Smartest Meter of All

    Yesterday a lady came over to take our power readings (electric/gas meter); secure these people's jobs as they help protect people's privacy (dignity) at home



  27. [Meme] A Web of False Dichotomies

    A reminder that Techrights is fully available (all blog posts and wiki pages) in gemini://



  28. Freenode Shrinks by Another Quarter and Gemini Continues to Grow (For Techrights at Least)

    Freenode continues to perish faster than we've imagined; it's a good thing that we've had contingencies set up; regarding the monopolised and increasingly centralised Web, we're still making baby steps towards weaning ourselves off it



  29. Links 31/7/2021: Wine 6.14 and Chrome 93 Beta

    Links for the day



  30. European Media Does Not Care About Europe's Second-Largest Institution Crushing Basic Laws and Fundamental Rights

    New video about the latest publication from SUEPO (the EPO’s staff union); it was published yesterday, seeing that the “Mafia” (what EPO staff actually calls the management!) hasn’t done anything to comply with a wide-ranging set of court rulings from ILO-AT; why has the media said nothing about this and what does that say about today’s media? The material is all in the public domain, in widely understood languages, and SUEPO spoke about it more than 3 weeks ago.


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