Bonum Certa Men Certa

It's All Down to Patents Now

Co-authored with G. Forbes

Summary: Why patents are worth treating as the principal barrier to Free software adoption

MICROSOFT has already lost the battle for technical superiority over its competitors. Without a legitimate advantage, all that is left for Microsoft to do is to struggle using legal battles enabled by broken patent legislation instead. We at Techrights have repeatedly driven this point home. After covering the Yahoo! case, Thomson Reuters has proceeded to cover Microsoft's own cases against patent trolls (a rather ironic situation considering Microsoft itself is increasingly becoming a patent troll as we have demonstrated in the past). In this specific case, the troll is Uniloc [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12]. It's clear the case is not quite over yet:



A U.S. appeals court that specializes in patent disputes said on Monday that it would not review a decision to toss out a common method of calculating damages in patent lawsuits.

The U.S. Court of Appeals for the Federal Circuit had said in January that Microsoft infringed a Uniloc patent to prevent software piracy but also tossed out the popular "25 percent rule," which assumes that the company licensing a patent is due 25 percent of the value of the product.

Uniloc USA and its Singapore-based parent originally filed suit against Microsoft in 2003, accusing it of infringing a Uniloc patent to prevent unlicensed use of its Windows XP operating system and parts of its Office suite of software products.


Meanwhile, GNU/Linux sites are in celebration of the news that Mark Webbink is helming Groklaw now. Wasting no time, Webbink has already tackled the Bedrock case, following the news from Yahoo:

"There was a good deal of gnashing of teeth," he writes, "just two weeks ago when Google was found to have infringed the patents of Bedrock Computer Technologies, Inc. with respect to caching in Linux. In terms of patent judgments, the award was relatively small, just $5 million. But it still raised issues with respect to other developers and users of Linux, many of whom were engaged in related infringement suits brought by Bedrock.

"Well, lo and behold, in the same court in the Eastern District of Texas this week Bedrock lost [PDF] on its infringement claim against Yahoo (related NewsPick), another defendant using exactly the same technology, albeit without executing the Bedrock code."

Though Webbink's appointment seems to have been a positive addition, there is a notable downside. As we feared, Groklaw seems to be switching focus more narrowly onto on patents and losing sight of the niche but critical area that is SCO. "Walterbyrd" has told us that "UnXis, Inc[,] Claims to Own The UNIX and UnixWare Trademarks". He quotes:

"APPLICANT’S REPLY IN SUPPORT OF HIS COMBINED MOTION AND BRIEF TO RESUME OPPOSITION PROCEEDING AND RESET AND EXTEND THE SCHEDULE [...]UnXis, Inc. ('UnXis') SCO's successor, now states it, not X/Open, lawfully owns the UNIX and UnixWare trademarks. SCO just completed the bankruptcy sale of its UNIX..."


Fortunately, it seems extremely unlikely that anything other than FUD will ever come out of this development. Groklaw has done so much to show that SCO (or TSG or UnXis or whatever it chooses to call itself) has no case. We do hope that Groklaw will continue to keep an eye on SCO in the future though.

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"
 
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
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] 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
[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
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
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