12.21.16

“China” is to Watchtroll (and the Bucket of Patent Maximalists) What “Russia” is to Clinton and DNC

Posted in America, Asia, Deception, GNU/Linux, Microsoft, Patents at 8:39 am by Dr. Roy Schestowitz

Scare tactics and vengefulness from the Patent Maximalists’ Lobby

Watchtroll

Summary: The growing embrace of “China” as the convenient bogeyman for those who oppose patent reform and wish to see a resurgence of patent chaos, from which they personally profit at victims’ expense

THE USPTO may be in self-perpetuating denial about it, but software patents are a dying breed in the US as courts don’t tolerate them. The EPO, in the mean time, moves in the opposite direction, but we’ll leave the EPO out of this post’s scope.

Unhappy With Insufficient Number of Lawsuits and Collateral Damage

Paul Morinville, a prominent opposer of patent reform in the US (and part of Watchtroll’s ilk), whines that “PTAB procedures are now invalidating nearly 90% of all patents they evaluate.” Yes, so what? Alice and other cases are pretty clear about it and PTAB, unlike patent examiners, is not being pressured to just bless every patent in the name of “production” or “success” (again, a growing problem at today’s EPO).

Morinville picks on Google (large company as his latest scapegoat) and some of his online friends already heckle me for pointing that out. To quote his article: “Over the next decade, the Supreme Court would eliminate injunctive relief and then for all intents and purposes, invalidate their patents first under Bilski and then under Alice. The courts also changed the way claims were written, thus invalidating thousands of patents retroactively. The America Invents Act’s PTAB procedures are now invalidating nearly 90% of all patents they evaluate. The courts also radically reduced damages for patent infringement.”

That’s good. But wait until Morinville brings up the bogeyman again — the same bogeyman that David Kappos has been summoning recently.

Let’s Envy China

“With China strengthening its patent system,” Morinville says, in probably the most ludicrous part of the whole article. China is actually weakening patents by granting almost everything that comes through SIPO’s doors, causing a patent hyper-inflation and an epidemic of trolling. How is that desirable to anyone but the patent microcosm? These anti-AIA think tanks and lobbyists (like Morinville), who want more lawsuits and more litigation, continue to infest the Web and a lot of them congregate around Watchtroll these days. This pattern of China-blaming or China-shaming mirrors what the Democratic Party in the US has been doing with Russia as of late.

Watchtroll wants the USPTO and the courts to start another race to the bottom and give/approve patents on everything, just like SIPO in China. One might call it “the litigation lobby” — for all it want is more and more lawsuits (which the lobby profits from). Watch another new Watchtroll article, this time by Steve Brachmann, the henchman of Quinn. So people who don’t even develop anything insist that “China” is the threat and that “Chinese patent guidelines” are a threat to the US rather than to China itself.

What kind of post-truth nonsense have we sunk to here?

Watchtroll, in another new article, says “Keep it Cordial” while Quinn attacks everyone who does not agree with him, even judges (see the image at the top).

What a nasty Web site this is. For IBM’s patent chief to occasionally link to it probably takes some guts because it says a lot about IBM, which has gone rogue (even IBM employees now protest/object to the management over that infamous Trump fawning).

China’s Growing Trolls Epidemic

China’s situation with regards to patents is not good. As we have been pointing out since the summer, SIPO grants far too many patents, including software patents. “This is especially true for software patents where the scope of patent protection is rather vague,” says this new article from China, which also mentions Xiaomi, a company that got trolled through India, as we noted before. To quote the relevant part:

As Chinese smartphone brands work to carve out a spot in the major-league global smartphone industry, they are increasingly being dragged into an international patent war with foreign tech firms.

The latest case saw San Francisco-based audio tech firm Dolby Laboratories lodge a lawsuit against Chinese smartphone companies Oppo and Vivo in India, accusing them of infringing on its patented technology. Back in 2014, Chinese tech firm Xiaomi was barred from selling phones in India after Sweden-based Ericsson filed a complaint with an India court alleging patent infringement.

The Ericsson-Microsoft patent trolls strategy (using trolls as proxies) was mentioned here twice this month [1, 2] and Xiaomi is again being mentioned by the Microsoft Windows-powered IAM (with other Microsoft connections). It is again embellishing Microsoft's patent extortion against Linux as follows:

The May agreement between Microsoft and Xiaomi was undoubtedly the IP deal of the year and it was also an excellent example of how patents can play a role in broader commercial agreements. Under the terms of the deal, Xiaomi undertook to pre-load Microsoft products on to more of its mobile devices, the two sides agreed to a cross-licence and the US software giant transferred 1,500 patent assets to the Chinese company. The transaction provides an excellent foundation for Xiaomi as it looks to grow its business in the US and for Microsoft as it continues its penetration of the Chinese market.

This is misleading. All we have here is patent extortion by Microsoft against Linux, even in China where the government of China took a strong stance against it (even leaking a list of Microsoft patents that are secretly being sued to blackmail Chinese companies like ZTE). We believe that Huawei, the world’s leading Android OEM these days, is still able to resist Microsoft’s Mafia-like tactics. Microsoft repeatedly failed to sign a patent deal.

The bottom line is, China has become a dangerous place patents-wise. Is that desirable to anyone but the patent microcosm? Of course not.

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/2016/12/21/china-patents-bogeyman-scapegoat/

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

What Else is New


  1. Links 21/6/2021: Linux 5.13 RC7, IRC.com by Freenode

    Links for the day



  2. Virtual Injustice -- Part 13: Let the Games Continue…

    "It would be nice to think that the events of 28 May have given the Enlarged Board pause for thought."



  3. Links 20/6/2021: Akademy 2021 Underway and Linux Foundation Blasted

    Links for the day



  4. EPO: Fake Patents, Fake (Paid-for) Patent Coverage, and Fake Awards for Public Relations Purposes

    The media has been thoroughly corrupted, patent legitimacy has been severely damaged (far too many European Patents aren't in compliance with the EPC anymore), and Team UPC is trying to undermine the EPC and turn Europe into another Texas



  5. Changes in IRC and New Features Over Gemini Protocol or the World Wide Web

    We examine more closely some of the latest changes in the site and the capsule (Web and Gemini, respectively); we show that it’s possible to keep abreast of IRC using nothing but a text editor, a Gemini client… or even the command line alone



  6. IRC Proceedings: Saturday, June 19, 2021

    IRC logs for Saturday, June 19, 2021



  7. We Need and Deserve a Saner Patent System in Europe

    The laughing stock that the patent system, the patent law firms, and patent media became (over the past few years) must be replaced; at the moment we have a cabal connected to a bunch of criminals running the entire show and the public understandably grows impatient (at least people who are sufficiently informed; the criminals have already intimidated and bribed a lot of the media and they're still bribing more of it, as we shall demonstrate later today)



  8. [Meme] IRC Wars in a Nutshell

    In terms of large IRC networks, we’re in trouble (unless we self-host) because they seem to be dividing themselves along political lines rather than anything technical or something of an on-topic/relevant substance. Using networks for Free software projects/organisations to push one’s political agenda is not acceptable because it’s starting to seem like in IRC space, FN has become the Front Nationale (French) and LC is Liberal Coalition. Both FreeNode and Libera Chat have managed to turn from technical platforms into political parties, in effect using technical networks (intended for technical projects) to push someone's political agenda and thus misusing them for personal gain. There’s no free lunch. As it turns out, FreeNode’s new owner (Andrew Lee) has just outed himself as a huge Donald Trump supporter who speaks of “these fuckers who stole that shit” (he meant the election, which he insists Trump actually won in 2020).



  9. IBM Handles More Removals of Signatures From Its Hate Letter Against Richard Stallman

    Less than a day ago IBM processed a request for removal (from its hate letter); as someone put it in a letter to us, also less than a day ago: “When all of this started in 2019, the Red Hat GNU developers showed off their colours. The best way to attack an organisation is from the inside. Using GNU developers was a dead giveaway. Google and Microsoft are very much on the team with IBM. I believe they’ve made headway into the Free/Libre software community and have persuaded senior Debianties to go along with them.” That same message, from an anonymous GNU maintainer, said: “The strategy to target major distributions is clear and present danger. I’m not sure what arguments of persuasion are being used, but I’m pretty sure their main tool is currency. RMS needs a lot of strategic support from experts who will rally to the Free Software cause. He needs great lawyers, some corporate minds, and intelligence specialists.” Sometimes it seems or feels like by simply buying Red Hat (the staff) IBM infiltrated the GNU Project and now it is vainly making claims like 'GNU is IBM' and thus IBM et al can command/tell the FSF who should run FSF, not only GNU. Such entryism isn’t hard to see; “An open letter in support of Richard Matthew Stallman being reinstated by the Free Software Foundation” has meanwhile garnered 6,758 signatures. The opposite letter is only decreasing in support (signatures lost).



  10. Links 20/6/2021: Debian GNU/Linux 10.10 “Buster” Released and LF Revisionism Resumes

    Links for the day



  11. The EPO's Enlarged Board of Appeal Has Already Lost the Case in the Court of Public Opinion

    Personal views on the sordid state of the Enlarged Board of Appeal (EBoA), which by extension bodes poorly for the perception of independence in every Board of Appeal (BoA); the patent tribunals have been captured by patent maximalists who either stack the panels or intimidate judges into ruling in a particular way



  12. Virtual Injustice -- Part 12: Carl Josefsson – Down But Not Out!

    António Campinos still controls Josefsson, who controls all the judges, so in effect all the legal cases (including some about European software patents) are manipulated by the Office the judges are supposed to judge



  13. Links 19/6/2021: Wine 6.11 and Proton 6.3-5 RC

    Links for the day



  14. IRC Proceedings: Friday, June 18, 2021

    IRC logs for Friday, June 18, 2021



  15. Virtual Injustice -- Part 11: Perceptive Comments and Caustic Criticism

    The EPO‘s management managed to silence a lot of the critical media (handouts and threats from Benoît Battistelli and António Campinos), but silencing comments is a lot harder; though we don’t know which ones were moderated out of existence…



  16. Links 18/6/2021: Mir 2.4, ActivityWatch 0.11, Microsoft Breaks Its Own Repos

    Links for the day



  17. [Meme] When the 'Court' Drops

    As the EPO sneakily outsourced courts to American companies and parties in dispute depend on their ISP for “access to justice” there’s a catastrophic impact on the very concept of justice or the right to be heard (sometimes you don’t hear anything and/or cannot be heard)



  18. The EPO's Virtual Injustice and Virtual ('News') Media

    A discussion of this morning's post (part 10 in a series) about the shallow media/blog coverage that followed or accompanied last month's notorious EPO hearing



  19. Links 18/6/2021: LibreOffice 7.2 Beta, Elementary OS 6.0 Beta 2, and Linux Mint 20.2 “Uma” Beta

    Links for the day



  20. The Self-Hosting Song

    Cautionary tales about outsourcing one's systems to companies that could not care less about anyone but themselves



  21. IRC Proceedings: Thursday, June 17, 2021

    IRC logs for Thursday, June 17, 2021



  22. [Meme] Swedish Justice

    The EPO‘s patent tribunals have been mostly symbolic under the Benoît Battistelli and António Campinos regimes; giving them back their autonomy (and removing those who help Battistelli and Campinos attack their autonomy) is the only way to go now



  23. Virtual Injustice -- Part 10: Vapid and Superficial Coverage in the 'IP' Blogosphere

    The media has come under attack by Benoît Battistelli; during the term of António Campinos most of the media critical of the EPO has mostly vanished already; so one needs to look carefully at comments and social control media



  24. Links 18/6/2021: RasPad 3 and Pushing Rust Into the Linux Kernel

    Links for the day



  25. Heli Pihlajamaa Promoting Software Patents to Patent Maximalists

    "Ms Pyjamas" from the EPO is promoting illegal software patents to a bunch of patent zealots (CIPA)



  26. The Lying by Team UPC, Led Again by Kevin Mooney

    Team UPC, or specifically Mr. Mooney, lies to the public about the prospects of the UPC; similarly, EPO and EU officials keep bringing up false claims about the UPC, so while the UPC itself has likely died for good the lies have not



  27. Links 17/6/2021: Cutelyst 3 and Lenovo Move Towards ThinkPad BIOS Configuration From Within Linux

    Links for the day



  28. Too Much Noise and/or Distraction and General Loss of Focus (on the Real and Urgent Issues, Such as the Ongoing Anti-FSF 'Coup')

    The media is full of Microsoft fluff and technical blog posts still focus on the Freenode fiasco, among other things that don't matter all that much; but we certainly need to talk about steps undertaken to undermine the FSF's power because long-term ramifications may be huge



  29. [Meme] The Enlarged Bored People With Presidential Decrees

    The laughable state of the EPO‘s EBA (or EBoA) is rarely commented on anymore, not even in so-called ‘IP’ blogs; maybe they’re just so eager to see patents on everything, even European software patents, so tyrants who destroy the courts (with UPC lobbying and removal of EBA independence) don’t bother them so much anymore



  30. Response to Misinformation From EPO Officials

    Opponents of European software patents are clearly being mischaracterised by EPO officials, who also use meaningless buzzwords to promote such patents; as an aside or footnote that relates to our ongoing series we’re making this quick video, which is days late


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