11.22.16

Microsoft Loves Linux Patent Tax

Posted in America, Microsoft, Patents at 12:19 pm by Dr. Roy Schestowitz

Wanting to eat Linux (and Linux revenue) for breakfast…

Breakfast of love

Summary: Some of the latest reports pertaining to Microsoft’s (and its patent trolls’) pursuit/lobbying for software patents at a time when such patents lose their appeal/lustre in the United States

SOFTWARE PATENTS are still possible to attain at the USPTO, but this does not mean — and is certainly no guarantee — that courts or even boards (like PTAB) will tolerate these. In fact, both often reject these and this reduces the incentive to pursue software patents in the first place.

“They want software patents restored so that they can carry on blackmailing software companies (usually with Linux/Android) at greater ease.”Watchtroll offers tips for overcoming the barriers to software patenting, having come to grips with the fact that at the Court of Appeals for the Federal Circuit (CAFC) almost no software patents survive (one can count this year’s exceptions on the fingers of one hand).

As noted here the other day, based on two reports, Microsoft and its trolls continue trying to undermine the new rules. They want software patents restored so that they can carry on blackmailing software companies (usually with Linux/Android) at greater ease. According to this new report about Microsoft’s biggest troll:

Earlier this week, Intellectual Ventures (IV) petitioned the full Federal Circuit to review the panel opinion in Intellectual Ventures v. Symantec, which invalidated two of its patents under section 101. Both patents—the ’050 and the ’610—are directed to filtering email or file content. (IV does not challenge the invalidation of a third patent, which was directed to receiving, screening, and distributing email.) The petition echoes concerns raised by clients, courts, and the patent bar about the growing uncertainty about what is—and what is not—patent eligible, especially in the area of software patents. Identifying two emerging fault lines in the court’s evolving section 101 jurisprudence, IV urges the full court to bring much needed doctrinal clarity and methodological consistency to the patent eligibility analysis.

It’s important to keep track of this case.

Microsoft’s and Bill Gates’ (personal connections) patent troll now pressures CAFC to kowtow to software patents while the media keeps telling us that Microsoft loves Linux so much. We don’t suppose the Linux Foundation cares to comment on Microsoft’s own lobbying for software patents (directly, not just by proxy). It’s an Inconvenient truth when the Linux Foundation gets paid not to understand, having received Microsoft money for a while now [1, 2, 3]. Here is what Simon Phipps (head of OSI for a long time) wrote about the Linux Foundation’s decision to join Microsoft the other day:

“Microsoft’s and Bill Gates’ (personal connections) patent troll now pressures CAFC to kowtow to software patents while the media keeps telling us that Microsoft loves Linux so much.”Another odd ‘friend’ of Linux, a company that is attacking small companies using software patents while lobbying for software patents and spreading proprietary software, is mentioned in the news today. IBM’s Manny Schecter is trying to find some balance between secrecy and software patents and we sure hope that he’ll quit his stance on software patents as it often makes IBM look almost as hostile as Microsoft.

‘“Other than Bill Gates, I don’t know of any high tech CEO that sits down to review the company’s IP portfolio” —Marshall Phelps (of IBM and Microsoft)

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2016/11/22/microsoft-loves-linux-patent-tax/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

A Single Comment

  1. fredex said,

    November 24, 2016 at 2:24 pm

    Gravatar

    Of course M$ loves Linux,… they’re allegedly making billions of dollars off it, without having to lift a finger.

    don’t expect that to change until such time as their victims get a collective spine and sue them for fraud, or some such.

What Else is New


  1. Destroying Freenode Was Not the Objective, But That's Just What Happened

    Killing Freenode was certainly not what Andrew Lee wanted, but Lee will be remembered as the person whose takeover basically led to the end of Freenode; it's in disarray



  2. GNU/Linux Users, Developers and Advocates Being Painted as Unruly and Rude by Corporate Media Looking to Undermine Software Freedom

    Corporate media, funded by companies that nonchalantly oppress people, would have us believe there's something wrong with people who reject corporate masters in their computing; reality, however, suggests that it is a wholly false narrative induced or cemented by endless repetition, so this framing ought to be rejected outright



  3. IRC Proceedings: Tuesday, August 03, 2021

    IRC logs for Tuesday, August 03, 2021



  4. The Free Software Community Needs Solidarity and Stronger Resistance Against Corporate Oligopolies With Their Overlapping Interests

    Linus Torvalds and Richard Stallman (RMS) do not have to be idolised ("cult of personalities") but they definitely need to be defended from a longstanding and ongoing corporate coup, which the corporations seek to justify using nicer-sounding terms like "security" (that's how they justify added complexity such as Rust) or "safe space" (they're collectively insulting the community as if only employees of monopolies can help combat bigotry)



  5. Links 4/8/2021: More IBM Downtimes and Firefox Losing Many Users

    Links for the day



  6. Links 3/8/2021: DeaDBeeF 1.8.8, CrossOver 21, AMD and Valve Hook Up for GNU/Linux Work

    Links for the day



  7. Links 3/8/2021: LibreOffice Autoupdater and Vulkan in X-Plane

    Links for the day



  8. How the News About 'Linux' Gets Manipulated to Spread FUD and Promote the Competition of GNU/Linux

    We quickly examine the sorts of news one gets from Google 'News' when searching for “Linux” and we conclude that real news is occluded or missing



  9. The EPO is Europe's Largest Scale Scam (by Far the Largest)

    In another fine instance of deja vu, the biggest scammers are warning everybody else about lesser “scammers”; one might be tempted to call this “projection tactics” or deflection (staring at the mirror) which helps churn/flood the "news" section with tons of recycled old fluff (they could certainly use a distraction right now)



  10. Links 3/8/2021: Raspberry Pi ‘WeatherClock’ and IPFire 2.27 - Core Update 159

    Links for the day



  11. IBM's Attack on the Community and on GPL/FSF is an Attack on Red Hat's Greatest Asset

    Ever since IBM bought Red Hat it has repeatedly attacked the FSF (in a malicious and personified fashion), looking for its own ‘copyright grab’ whilst outsourcing loads of code to proprietary software monopolisers who attack the GPL; by doing so, IBM is destroying the value of what it paid more than 30 billion dollars for (IBM is governed by pretentious fools, according to IBM insiders; they’ve already lost Red Hat’s longtime CEO and IBM’s new President), so it’s falling back on openwashing of IBM's proprietary software with help from the so-called ‘Linux’ Foundation



  12. Four Weeks of Non-Compliance: EPO Only Accepts Courts That It Rigs and Controls

    Compliance is for suckers, believes the “Mafia” which runs the EPO; it is not even responding (for three weeks!) to letters from the victims who won the cases; this is bad for Europe's image and it sets a dangerous precedent



  13. Seven Eleven: 11 is to 10 What 7 Was to Vista

    Microsoft is, as usual, aggressively manipulating/bribing the media (hyping up a shallow version inflation along with paid-for vapourware advertising) while strong-arming the market; there’s no other way they can compete anymore



  14. IRC Proceedings: Monday, August 02, 2021

    IRC logs for Monday, August 02, 2021



  15. Links 3/8/2021: Nitrux 1.5.1 and Gerbera Media Server 1.9.0

    Links for the day



  16. Links 2/8/2021: XEyes 1.2 and Fwupd 1.6.2 Released

    Links for the day



  17. Freenode is IRC... in Collapse

    Freenode is now down to just 13,194 online users, which makes it the 6th biggest IRC network. Months ago it was #1 with almost 6 times as many users as those below it. The graph above shows what the latest blunder has done (another massive drop in less than a week, with a poem and the all-time chart at the very bottom).



  18. Barrier and Synergy Can Work Together, Connecting Lots of Different Machines

    Barrier and Synergy can be configured to work properly in conjunction, though only provided different port numbers (non-default) are specified; in my current setup I have two computers to my right, working over Barrier, and two older ones on the left, working over Synergy; the video explains the setup and the underlying concepts



  19. Links 2/8/2021: Open Science in France and Zoom Pays to Settle Privacy Violations

    Links for the day



  20. It Almost Feels Like Battistelli Still Runs the EPO (by Extension/Proxy)

    The "Mafia" that destroyed the EPO is still being put in charge and is using the EPO for shameless self-promotion; it is never being held accountable, not even when courts demand remediatory action and staff seeks reparations



  21. [Meme] Vichyite Battistelli Committed Crimes and His Buddy António Snubs Courts That Confirm These Are Crimes

    Staff of the EPO is coming to realise (or reaching acceptance of the fact) that the spirit of Battistelli — not just people he left in charge of the EPO — dooms the Office and there’s no way out of this mess



  22. Links 2/8/2021: Linux 5.14 RC4 and 20% Growth in Steam

    Links for the day



  23. IRC Proceedings: Sunday, August 01, 2021

    IRC logs for Sunday, August 01, 2021



  24. Links 1/8/2021: LibreOffice 7.2 RC2 and Lakka 3.3

    Links for the day



  25. Was Microsoft Ever First in the Market?

    Confronting the false belief that Microsoft ever innovates anything of significance or is "first" in some market/s



  26. Links 1/8/2021: 4MLinux 37.0, IBM Fluff, and USMCA Update

    Links for the day



  27. Microsoft Knows That When Shareholders Realise Azure Has Failed the Whole Boat Will Sink

    The paranoia at Microsoft is well justified; they've been lying to shareholders to inflate share prices and they don't really deliver the goods, just false hopes and unfulfilled promises



  28. [Meme] Nobody and Nothing Harms Europe's Reputation Like the EPO Does

    Europe’s second-largest institution, the EPO, has caused severe harm/damage to Europe’s economy and reputation; its attacks on the courts and on justice itself (even on constitutions in the case of UPC — another attempt to override the law and introduce European software patents) won’t be easily forgotten; SUEPO has meanwhile (on Saturday, link at the bottom in German) reminded people that Benoît Battistelli and António Campinos have driven away the EPO’s most valuable workers or moral compass



  29. IRC Proceedings: Saturday, July 31, 2021

    IRC logs for Saturday, July 31, 2021



  30. [Meme] When it Comes to Server Share, Microsoft Azure is Minuscule (But Faking It)

    Don't believe the lies told by Microsoft's charlatans and frauds; Azure has been a total failure and that's why there are layoffs as well


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