Bonum Certa Men Certa

Patents Roundup: From Microsoft's Trolls to Obama Policies

Section sign

“Software patents are a huge potential threat to the ability of people to work together on open source. Making it easier for companies and communities that have patents to make those patents available in a common pool for people to use is one way to try to help developers deal with the threat.”

--Linus Torvalds



Microsoft Patent Trolls



Transmeta is known to many F/OSS people because of Linus Torvalds, who used to work there. Well, the company is pretty much kaput, as disclosed roughly a month ago when it put itself up on display. Some of its assets are offered for sale now, so up for grabs are also several imaginary properties that are being grabbed by Microsoft's own patent troll.

IV was apparently there at the bargaining table with Novafora, which makes digital video processors. It's putting $11.6 million towards the $255.6 million purchase price in exchange for some kind of rights to Transmeta's low-power silicon patents, perhaps so IV can protect one of its investors.


Interestingly enough, this report comes from a known 'Microsoft mole' [1, 2]. Looking a little deeper between the lines, some connections can be drown: "William P. Tai informed the Board [...] of Transmeta [...] that he plans to retire [...] fulfill [...] commitments at Charles River Ventures, a venture capital firm [...]"

“Charles River Venture is connected to Intellectual Ventures, which is in turn connected to Microsoft.”Intellectual Ventures is listed right here under the online identity of Charles River Ventures. Charles River Venture is connected to Intellectual Ventures, which is in turn connected to Microsoft. The company was started by a former Transmeta board member, just after Intellectual Ventures had invested in his company and in Transmeta.

A reader of ours suggests the following chain of relationships: RPX Corporation -> Transmeta -> Intellectual Ventures -> Novafora -> Charles River Ventures.

Another company whose trail of dependencies seems tricky (subsidiaries, funding, and movement of employees) is Acacia. It sued GNU/Linux vendors shortly after inheriting top Microsoft staff and shortly after Microsoft's CEO had threatened Red Hat, which was among those sued [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11].

Acacia has acquired some more patents with which to fight and it last raved about it over a week ago.

Acacia Research Corporation (Nasdaq:ACTG) announced today that its subsidiary, Acacia Patent Acquisition LLC, has acquired rights to patents relating to improved lighting technology.


There are some other news to watch out for because this patent troll has 'Microsoft DNA' inside. It needs to be watched.

US Patents System Challenged



It has been over a month since Bilski [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33], but discussions have not ended. This important decision continues to jeopardise very many software patents, which would fail the court test.

Worth noting, however, is that Bilski did not claim a computer implementation of the recited method or a software claim. Thus, the "machine" prong of the machine-or-transformation test remains untested by the Federal Circuit as a result of the Bilski decision. However, the Court noted that in order to pass muster under the machine prong, the use of such a machine must "impose meaningful limits on the claim's scope." Field of use or insignificant extra-solution activity will not suffice. Moreover, the process claim in issue in Bilski was found to "not ... be a software claim." It therefore also remains open as to how or if a software clam can be written to satisfy the transformation prong of the test.


Over at P2PNet, people are reminded that the term “intellectual property” should be avoided and patents be referred to as “intellectual monopolies” instead. "If thought can corrupt language, then language can also corrupt thought," said George Orwell.

Instead of speaking of “intellectual property”, which invokes that feel-good idea of property and ownership, we should speak of “intellectual monopolies”. For this is precisely what copyrights and patents are: they are monopolies granted by governments for a limited period as part of a bargain - that, in return, those who are granted those monopolies hand them over to the public domain once the term of the monopoly has lapsed.


The Obama campaign (and administration to be) has summed up its stance/policy on intellectual monopolies as: "The Obama-Biden Transition Project respects the intellectual property of others..."

Reading the remainder of that statement, it reads very much like Biden's known ties with the MAFIAA are rearing their ugly head. What does this mean for patents? Well, they have established a working group that includes Irving Wladawsky-Berger, but his lifetime employer, IBM, is not against software patents and he even wrote in his blog that "It is ironic that if software patents were disallowed altogether, it might cause legitimate software innovations to then be protected as trade secrets, and thus keep them away from open source projects."

India and British Imperialism



Microsoft's patent troll is already bugging India following a series of letdown when it comes to patent law [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. BT, which is still loosely tied to the British government, was previous seen participating in subversion of the law in India and now it's the British government itself which applies for patents (monopolies) over there.

The UK government is seeking a patent in India for a defence invention called 'modulation signals for a satellite navigation system', which can measure satellite signals.


Europe Suffers from Loopholes



The Stop Software Patents push has identified ways in which the EPO seems to be escaping hard questions regarding software patents.

The European Patent Office does not only grant software patents, it also lobbies the legislators to validate them through the creation of a central patent court.


“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway”."

--Marshall Phelps, Microsoft



Further to the action against big pharmaceuticals in Europe, there is also this rant.

These obstacles cost taxpayers money, up to three billion Euro a year, according to the Commission report.


The monopolies will not give up without a fight. They have means for perversion of justice.

Miscellany



A very notorious patent, Amazon's 1-Click feature, celebrates a birthday of shame.

"Nine years ago Monday, Amazon kicked off the Holiday Season by slapping Barnes and Noble with a court injunction barring BN from using a checkout feature that Amazon said represented illegal copying of its patented 1-Click technology. 'We're pleased that Judge Pechman recognized the innovation underlying our 1-Click feature,' said Jeff Bezos in a press release. But an Appellate Court wasn't quite as impressed with Amazon's innovation..."


Moving on to some patents that relate less to software, we also find:

1. InterDigital, Samsung settle 3G patent dispute

InterDigital and Samsung settled two long-standing patent-infringement lawsuits just as the U.S. International Trade Commission (ITC) was about to make a decision on whether to recommend banning imports of Samsung phones containing 3G phones.


2. Fairchild Semiconductor Files Patent Infringement Lawsuit Against Infineon Technologies - Quick Facts

In the lawsuit, the company stated that it believes certain Infineon CoolMOS and OptiMOS branded products, as well as other Infineon IGBT and CanPAK products, infringe one or more claims of eight Fairchild patents.


3. German firm claims Xilinx, Avnet infringe patents

Pact has been focusing accelerators that plug into the processor socket of dual or quad processor motherboards to run multimedia applications such as video, audio, voice, and image transcoding.


Feel the innovation. The lawyers sure do.

Comments

Recent Techrights' Posts

CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
 
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work