03.22.09

Gemini version available ♊︎

Patents Roundup: Red Hat Again; EPO and USPTO Debated

Posted in America, Deception, Europe, Patents, Red Hat at 6:41 am by Dr. Roy Schestowitz

Vaux le Vicomte
Rest on your laurels and you will lose your rights

Summary: Another quick look at AMQP and some developments in major patent systems

ONE ISSUE on our minds at the moment is the Red Hat situation because we are hoping to receive answers to some questions which were raised in:

A regular reader drew our attention to this press release from Microsoft which pretty much intersected with Red Hat’s “Welcome to AMQP, Microsoft” (on the same date, 9:34 AM). Clearly enough to some observers, Red Hat claims leadership in AMQP and it knew about this announcement from Microsoft in advance (they collaborate in other areas). Jeff Gould, who hates Free software with passion and always promotes Microsoft, pushed it into Slashdot’s front page using his eternal sockpuppet/pusher, “AlexGr”.

AlexGr writes to tell us that Microsoft apparently has plans to embrace a little known messaging standard called AMQP (Advanced Message Queuing Protocol). Red Hat, a founding member of the AMQP working group, was very excited about the news and wrote to welcome Microsoft to the party.

This is an issue that will be debated a little later. Red Hat does point out that “Because this [joining of Microsoft] will be of concern to many people—particularly in the open source community—it is worth pointing out one of the legal ramifications of Microsoft joining AMQP. There is a strong IP provision in the contract for joining the AMQP working group. Anyone joining the AMQP working group must freely license IP that is used by AMQP—AMQP is and will always be an open standard that is free to implement. By joining the AMQP working group, Microsoft has signed this contract. So, there is no threat of Microsoft holding the AMQP standard hostage via patent threats.

We are actually a lot more concerned about the patent systems which, according to this new article, continue to leave too much room for patenting of software, i.e. algorithms (even post-Bilski).

It is easier to obtain patent protection for computer software and/or business method type inventions in the US as opposed to Europe, as the US criterion of a “useful, concrete and tangible result” is easier to meet than the corresponding European “technical effect” or “technical character” requirement.

An invention consisting of software that controls a machine, for example, would most likely meet the technical effect requirement in Europe and would also certainly be patentable subject matter in the US.

Europe wants to poorly resolve its software patent pains, which are partly to do with ambiguity and loopholes. The Register concurs with previous reports and suggests that further loopholes may be created that facilitate software patenting.

The European Commission has reiterated its demand for the creation of a single European patent. It said the absence of such a protection is hindering the growth of technology companies in the European Union.

Whether patents are becoming a little passé and give way only to litigation, that may be hard to tell. Earlier this year, the EPO had laid of some staff and it tried to claim a rise in patent quality. This tune is being propagated by IP Watch right now.

In a trend appearing in other patent offices around the world, patent applications at the European Patent Office continued to rise in 2008, but at a slower rate toward the end of year. At the EPO, this was coupled with the lowest percentage of granted patents in its history.

Over in the United States, the bad 'reform' receives support from a state senator. His endorsement was predictable though because of the man’s prior role.

Senator Orrin Hatch, a leading proponent of a bill to overhaul the patent process, predicted it will pass and contain language making it more difficult to show misconduct in applying for patents.

The Senate version of the patent reform bill does not currently include language making it harder to strip a patent holder of a patent if they erred in the application process, known as “inequitable conduct” in the patent world.

This bill does not address patent quality; it’s about damages and it’s about patent trolls, which it does not even put an end to.

To give an example of the sad state of the USPTO, Georg Greve of the FSFE found this one: “Painting kit and related method”

Amazing!

According to the Daily Herald, those who can afford to challenge patents may — just may — be able to shoot down existing patents.

Aruba says another Motorola patent rejected by patent office

Aruba Networks Inc., which is involved in a patent battle with two Motorola Inc. units, says the U.S. Patent and Trademark Office has kicked out one of the patents under which it’s being sued.

The patent office rejected all claims of Motorola’s patent 7,173,923, the Sunnyvale, California-based company said in a statement March 17.

So why was it granted in the first place? It’s worth adding that Aruba makes products with Linux and even Microsoft uses Aruba's goods. Microsoft is very pleased with Aruba’s Linux-based solution which it has deployed in its own facilities, according to its own people.

On the one hand, this Aruba case shows that patent lawsuits are worth fighting against. The patent which attacks Amazon's Kindle, on the other hand, won’t be so easy to extinguish, according to Wired.

Interestingly enough, the patent filed in 1999 was approved in November of 2007, the same month that the first Kindle launched. And all of the hype and sales estimates have likely encouraged Discovery to finally take action.

The problem might not be individual lawsuits. Lawsuits are enabled by a system that leads to them. It is a system that encourages ownership of anything under the sun which is to blame. This is good for lawyers. Patents are the blood in their system, so the more patents, the merrier. The more lawsuits, the merrier too, so it’s about disputes and conversations, not engineering.

“There is much pleasure to be gained from useless knowledge.” —Bertrand Russell

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. [Meme] [Teaser] More to Life Than Patents

    Greedy sociopaths oughtn’t be put in charge of patent offices; this is what’s dooming the EPO in recent years (all they think about is money



  2. Microsoft GitHub Exposé — Part II — The Campaign Against GPL Compliance and War on Copyleft Enforcement

    Microsoft contemplated buying GitHub 7.5 years ago; the goal wasn’t to actually support “Open Source” but to crush it from the inside and that’s what Microsoft has been doing over the past 2.5 years (we have some details from the inside)



  3. Links 18/10/2021: Linux 5.15 RC6 and 7 New Stable Kernels

    Links for the day



  4. [Meme] The Austrian School of Friedrich Rude Liar

    With reference to the Austrian School, let’s consider the fact that Friedrich Rude Liar might in fact be standing to personally gain by plundering the EPO‘s staff by demonising them while helping Benoît Battistelli crush them



  5. IRC Proceedings: Sunday, October 17, 2021

    IRC logs for Sunday, October 17, 2021



  6. How (Simple Technical Steps) to Convince Yourself That DuckDuckGo is Just Spyware Connected to Microsoft, Falsely Advertised as 'Privacy'

    In recent days we published or republished some bits and pieces about what DuckDuckGo really is; the above reader dropped by to enlighten us and demonstrate just how easy it is to see what DuckDuckGo does even at the client side (with JavaScript); more people need to confront DuckDuckGo over this and warn colleagues/friends/family (there’s more here)



  7. Austria's Right-Wing Politicians Displaying Their Arrogance to EPO Examiners

    The EPO‘s current regime seems to be serving a money-hungry lobby of corrupt officials and pathological liars; tonight we focus on Austria



  8. [Meme] Friedrich Rödler's Increasingly Incomprehensible Debt Quagmire, Years Before EPO Money Was Trafficked Into the Stock Market

    As it turns out, numerous members of the Administrative Council of the EPO are abundantly corrupt and greedy; They falsely claim or selfishly pretend there’s a financial crisis and then moan about a "gap" that does not exist (unless one counts the illegal gambling, notably EPOTIF, which they approved), in turn recruiting or resorting to scabs that help improve ‘profit margins’



  9. The EPO’s Overseer/Overseen Collusion — Part XV: Et Tu Felix Austria…

    Prior to the Benoît Battistelli and António Campinos regime the EPO‘s hard-working staff was slandered by a corrupt Austrian official, Mr. Rödler



  10. Links 17/10/2021: Blender 2.93.5, Microsoft Bailouts

    Links for the day



  11. Links 17/10/2021: GhostBSD 21.10.16 and Mattermost 6.0

    Links for the day



  12. IRC Proceedings: Saturday, October 16, 2021

    IRC logs for Saturday, October 16, 2021



  13. [Meme] First Illegally Banning Strikes, Then Illegally Taking Over Courts

    The vision of Team Battistelli/Campinos is a hostile takeover of the entire patent system, not just patent offices like the EPO; they’d stop at nothing to get there



  14. Portuguese Network of Enablers

    Instead of serving Portuguese people or serving thousands of EPO workers (including many who are Portuguese) the delegation from Portugal served the network of Campinos



  15. In Picture: After Billions Spent on Marketing, With Vista 11 Hype and Vapourware, No Real Gains for Windows

    The very latest figures from Web usage show that it’s hardly even a blip on the radar; Windows continues bleeding to death, not only in servers



  16. [Meme] [Teaser] Double-Dipping Friedrich Rödler

    As we shall see tomorrow night, the EPO regime was supported by a fair share of corrupt officials inside the Administrative Council



  17. The EPO’s Overseer/Overseen Collusion — Part XIV: Battistelli's Iberian Facilitators - Portugal

    How illegal “Strike Regulations” and regressive ‘reforms’ at the EPO, empowering Benoît Battistelli to the detriment of the Rule of Law, were ushered in by António Campinos and by Portugal 5 years before Campinos took Battistelli’s seat (and power he had given himself)



  18. Links 16/10/2021: SparkyLinux Turns 10 and Sculpt OS 21.10

    Links for the day



  19. “Facebook Whistleblowers” Aside, It Has Been a Dying Platform for Years, and It's Mentally Perverting the Older Generation

    Guest post by Ryan, reprinted with permission



  20. [Meme] Microsoft Has Always Been About Control Over Others

    Hosting by Microsoft means subjugation or a slavery-like relationship; contrary to the current media narrative, Microsoft has long been censoring LinkedIn for China’s autocratic regime; and over at GitHub, as we shall show for months to come, there’s a war on information, a war on women, and gross violations of the law



  21. EFF Pushes for Users to Install DuckDuckGo Software After Being Paid to Kill HTTPS Everywhere

    Guest post by Ryan, reprinted with permission



  22. The Reign in Spain

    Discussion about the role of Spain in the EPO‘s autocratic regime which violates the rights of EPO staff, including Spanish workers



  23. [Meme] Spanish Inquisition

    Let it be widely known that Spain played a role in crushing the basic rights of all EPO workers, including hundreds of Spaniards



  24. Why You Shouldn’t Use SteamOS, a Really Incompetent GNU/Linux Distribution With Security Pitfalls (Lutris is a Great Alternative)

    Guest post by Ryan, reprinted with permission



  25. IRC Proceedings: Friday, October 15, 2021

    IRC logs for Friday, October 15, 2021



  26. Links 16/10/2021: Xubuntu 21.10 and DearPyGui 1.0.0

    Links for the day



  27. DuckDuckGo’s HQ is Smaller Than My Apartment

    Guest post by Ryan, reprinted with permission



  28. Post About Whether Vivaldi is a GPL violation Was Quietly Knifed by the Mods of /r/uBlockOrigin in Reddit

    Guest post by Ryan, reprinted with permission



  29. The EPO’s Overseer/Overseen Collusion — Part XIII: Battistelli's Iberian Facilitators - Spain

    The EPO‘s António Campinos is an ‘Academy’ of overt nepotism; what Benoît Battistelli did mostly in France Campinos does in Spain and Portugal, severely harming the international image of these countries



  30. From Competitive (Top-Level, High-Calibre, Well-Paid) Jobs to 2,000 Euros a Month -- How the EPO is Becoming a Sweatshop by Patent Examiners' Standards

    A longish video about the dreadful situation at the EPO, where staff is being ‘robbed’ and EPO funds get funnelled into some dodgy stock market investments (a clear violation of the institution’s charter)


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