05.26.13

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Copyrights and Patents for Competitive Manipulation by Proxy

Posted in GNU/Linux, IBM, Intellectual Monopoly, Microsoft, Novell, Patents, SCO, UNIX at 1:41 pm by Dr. Roy Schestowitz

“On the same day that CA blasted SCO, Open Source evangelist Eric Raymond revealed a leaked email from SCO’s strategic consultant Mike Anderer to their management. The email details how, surprise surprise, Microsoft has arranged virtually all of SCO’s financing, hiding behind intermediaries like Baystar Capital.”

Bruce Perens

Summary: SCO’s proxy battle is not over and more stories emerge which serve as reminders of proxy wars

According to SCO specialist/expert Groklaw, IBM has responded to this continued effort by SCO to revive litigation more than ten years after it started. It is being summarised as follows:”IBM has filed its response [PDF] to SCO’s motion asking for reconsideration of the Court’s order denying SCO’s motion to reopen the SCO v. IBM case. I have it as text for you.

“Is SCO selling a lie again?”“IBM tells Judge David Nuffer that it doesn’t oppose reopening the case at all — in fact it says it should happen. IBM has an proposed outline on how to proceed thereafter. Its plan differs from SCO’s.”

The Microsoft booster, in the mean time, took McBride’s claims at face value and wrote: “Darl McBride, the former chief executive officer of SCO, says he was offered $2 million by the Utah attorney general in May 2009 in exchange for taking down a website criticizing an area business person. Still pursuing the years-long legal battle against Novell and IBM over Unix and Linux intellectual property, SCO needed money at the time.”

“Microsoft mostly had the press on its side when it engaged in rackteering, spinning that as ‘licensing’, so the press was complicit.”Pamela Jones wrote in her site that “So many people sent me this url, I am posting the story. Otherwise I wasn’t going to. I don’t personally believe for a moment that this is the entire story. Darl has always been good at getting the media to print what *he* says is the story, invariably that he’s been wronged, but in time we get the rest of the story. For example, while he claimed for years that SCO owned the copyrights to Unix, it turned out to be untrue. So all the “wrongs” done were done to the media and court victims of SCO. So the real question is, why is he wanting the media to tell his side of the story now, after all this time? I note the article links to the Salt Lake Tribune, which says the FBI is investigating. That’s why I was going to wait until we have more information about all sides of the story before reaching any conclusions or even linking to the Darl McBride PR.”

And later, in the middle of the weekend, she added: “Here’s a question: on what basis would Darl McBride ask for $2 million to shut down a web site that the target alleged was defamatory? Or any web site? Allegedly the target owed $200,000 or so, although he denied it, so where does the $2 million figure come in? Why would he even agree to such a deal, if he did?”

“How likely is it that trolls like these wage war at the behest of someone else.”Is SCO selling a lie again? And if so, how about fact-checking? Are mere allegations guarantee of news coverage? Maybe it depends on who’s doing it. Microsoft mostly had the press on its side when it engaged in rackteering, spinning that as ‘licensing’, so the press was complicit.

It is worth mentioning that the company dismantled by Singer’s Mafia (Elliott Associates, the vulture fund) shows its effect in weaponising patents, having just seen patents (and copyright also) on load balancers being used for extortion. One report says: “Of 33 prospective jurors that were considered, five of them had patents of their own. (This trial was in the same court where a patent-owning jury foreman was likely instrumental to Apple’s blockbuster patent win over Samsung last summer.) No word yet on whether any terms of the settlement will be made public.”

This comes amid intervention by the same thugs who gave Novell’s patents to Apple and Microsoft (CPTN). Motorola came under fire from another vulture fund, Mr. Icahn, before it nearly gave its patents to Microsoft and Apple (Google needed to grossly overpay to outbid this duopoly of patent aggressors).

“Remember which company is scanning a lot of literature (it’s not Microsoft, which dropped these endeavours).”Here is an update from a case of patent trolls fighting Google/Motorola and another naming of patent trolls by the FRAND Blog that showed Apple and Microsoft ganging up against Android using FRAND/patent pools, whose purpose is to raise the cost of Android. The blog says: “Today brought the publication of what looks like is the first lawsuit of its kind — a complaint brought by a state attorney general (here, Vermont’s) against a non-practicing entity, alleging that the NPE’s patent assertion activities constitute unfair and deceptive trade practices under Vermont state law. (The suit was actually filed May 8, but it became publicly available today when the defendant was served.) The complaint was filed against MPHJ Technology Investments LLC, a company that has been characterized by some as the “scanner troll” — because it has sent demand letters to thousands of businesses that use scan-to-email technology.”

How likely is it that trolls like these wage war at the behest of someone else. Remember which company is scanning a lot of literature (it’s not Microsoft, which dropped these endeavours).

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