Bonum Certa Men Certa

Microsoft Stacked Patent Panels, Front Groups for Patents, and Proxy Patent Trolls

Stringing



Summary: A roundup of Microsoft patent lobbying and aggression that go on mostly unnoticed

A stacked panel was described by Microsoft as "a stacked deck: it is packed with people who, on the face of things, should be neutral, but who are in fact strong supporters of our technology. The key to stacking a panel is being able to choose the moderator. Most conference organizers allow the moderator to select die panel, so if you can pick the moderator, you win. Since you can’t expect representatives of our competitors to speak on your behalf, you have to get the moderator to agree to having only “independent ISVs” on the panel. No one from Microsoft or any other formal backer of the competing technologies would be allowed -just ISVs who have to use this stuff in the “real world.” Sounds marvellously independent doesn’t it? In feet, it allows us to stack the panel with ISVs that back our cause. Thus, the “independent” panel ends up telling the audience that our technology beats the others hands down. Get the press to cover this panel, and you’ve got a major win on your hands." See the full Microsoft document [PDF] for more details.



We already know, based on prior incidents, that Microsoft loves to stack panels, e.g. for OOXML. Microsoft and its front groups are entering another forum, where just like the Gates Foundation agents they spread the pro-patents talking points. Gates has more political power outside of Microsoft and we previously showed what he and his new minions/'foundamentalists' do on the subject of patents. As one good journalist points out:

In short, Gates is a spent force. He says he will not lead Microsoft again as rumoured in some media outlets recently - but then it wouldn't matter even if he did.


Microsoft's MSN says that a "[s]oftware group spends $190k on lobbying in 3Q," but this number from a third-party source is far lower than the real amount and patent policy is part of the lobbying, with focus on the USPTO:

The Software and Information Industry Association spent $190,000 on lobbying on such issues as intellectual property in the third quarter, according to federal disclosure reports.

[...]

The group lobbied Congress, the Education Department, the Commerce Department, the State Department, the U.S. Copyright Office, the U.S. Patent and Trademark Office


As we showed before, Bill Gates and his good friend who is the world's biggest patent troll have also spent money lobbying for worse patent laws. Microsoft lobbies on the subject from many different directions, usually using proxies that it sponsors. Contrary to propaganda about "protection", this is against the interest of citizens, but they just never get access to the ears of politicians, unlike for instance Microsoft's Mundie [1, 2, 3].

Craig Mundie Is lobbying for Microsoft again, based on Microsoft's own site. He lobbies on the subject of patents in Europe and the FFII's president claims that "Microsoft is using Barroso, the President of the European Commission, to push for more patents and "innovation" salad". In relation to the stack panel we wrote about earlier, he notes that:

IPweek: ACT, Microsoft and BSA discussing on the same panel, sounds like a Microsoft panel on its own


Mike Sax [1, 2, 3, 4, 5, 6] is part of ACT (Microsoft front group) and Ronald Zink is from Microsoft. Here is another new example of:

Microsof's association of SMEs ACT calls for software patents via a central EU patent court


Microsoft's patent troll, Intellectual Ventures, is also busy doing its nasty things and "[t]heir pattern of behavior indicates they are acting as a proxy for Microsoft," notes this one poster. Quoting in context:

It should also be pointed out that Intellectual Ventures targets companies that are major competitors to Microsoft such as makers of Android phones. IV has over 35,000 patents and there is virtual certainty that every company that writes software is infringing on at least one of their patents but they are highly selective about who they extort money from. Their pattern of behavior indicates they are acting as a proxy for Microsoft. If Microsoft were to file suits they would be subject to counter claims but since IV produces nothing they are immune from counter claims of patent infringement.



Lodsys and its connection to Intellectual Ventures has just been mentioned by Timothy B. Lee, who spots a common misconception and rebuts it:

Software Patents and Barriers to Entry



On one level this just begs the question. Obviously, if software patents promote innovation, that’s a strong argument for allowing them. But if software patents actually discorage innovation, as I and people who’ve crunched the numbers have argued they do, then people who care about entrepreneurial innovation should be equally anxious to get rid of them. Rosen doesn’t really engage in the arguments that I and others have offered that software patents are bad for innovation. He seems to just take it as a given that patents promote innovation.

But since Rosen brought up Angry Birds, I’d like to zoom in on the specific case of mobile apps. Too often, the patent debate occurs in broad abstractions, so it’s important to pay attention to the actual innovators being harmed by software patents.

So let’s talk about Lodsys, a patent troll (with alleged ties to uber-troll Intellectual Ventures) that began suing independent mobile app developers for patent infringement earlier this year. Lodsys’s holds broad patents related to the purchase of digital content over a network, and claims dozens of firms have infringed its patents. Few if any of the defendants in these cases copied from the Lodsys patents, but they (allegedly) stumbled across the broad concepts in the patents and are now facing the threat of a lawsuit.


"Shuffling patents around among shell companies and suing the same company twice with the same patent" is another thing we are seeing covered as follows:

We've written about famed patent troll Erich Spangenberg and the variety of shell companies under his control a few times in the past. He's the guy who a court told to pay $4 million for shuffling patents around among shell companies and suing the same company twice with the same patent, despite a settlement the first time that precluded future suits. Spangenberg is also famous for his motto, "sue first, ask questions later," in part because he wants his lawsuits to take place in Eastern Texas.


A company that is headed by a lot of former Microsoft executives has just gone hostile with patents as well:

A lawsuit has been filed by Juniper Networks, which has accused Palo Alto Networks of allegedly infringing six of its patents relating to firewall technology.

In the lawsuit, filed 19 December in a federal court in Wilmington, Delaware, Juniper said that while the technology used in its next-generation firewalls were invented by the founders of Palo Alto Networks, the patents actually belonged to Juniper Networks.


To be fair, others do similar things by choosing aggression, but just because others are doing this does not make it acceptable. Microsoft is generally very unique in 1) its attacks on Linux and 2) its operation via proxies. Nasty yet evasive.

Recent Techrights' Posts

[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
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
 
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
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