03.29.17

Gemini version available ♊︎

Recognising the Death of Software Patents, Microsoft’s Largest Ally in India Belatedly Joins the Linux-Centric Open Invention Network

Posted in Asia, GNU/Linux, Microsoft, OIN, Patents at 5:17 am by Dr. Roy Schestowitz

But Microsoft carries on with its usual tricks, this time calling them “Azure IP Advantage”… (Microsoft-armed trolls attacking Azure’s rivals and non-customers)

Microsoft and trolls

Summary: With the demise of software patents come some interesting new developments, including the decision at Infosys — historically very close to Microsoft and a proponent of software patents — to join the Open Invention Network (OIN)

OVER the past month or so we’ve published 10 articles about Microsoft siccing patent trolls on GNU/Linux [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. It’s already happening on the face of it (we have since our last article learned that the Toyota patent deal covers “OS” and “file systems”, i.e. Linux), and LG adopts similar tactics that prevent responsibility/reaction by ‘proxifying’ to trolls (see this old cartoon about it — one that we’ve just ‘massaged’ or flattened to fit our layout above). This is the kind of thing OIN was supposed to protect against, but we have hardly seen any evidence of effective defense (OIN told one such tale about half a decade ago, but nothing since).

“OIN cannot guard against this.”The idea that OIN will somehow ‘snatch’ patents before they reach trolls (even where Microsoft arranges for others’ passage, e.g. from Nokia to MOSAID/Conversant) assumes that Microsoft is naïve. See what happened with CPTN. OIN cannot guard against this. OIN is not the solution to the core issue, which is patents on software. OIN stakeholders, in particular the large ones, don’t want patents on software to stop. They want GNU/Linux and they want patents on software too; they want the impossible!

Over in India, thanks to vigilant populace and local businesses, software patents have been kept illegal all these years. Infosys, a Microsoft proxy which had a change of heart on software patents (because they’re impossible to attain/enforce), joins the Open Invention Network this week [1, 2, 3, 4]. It’s rather surprising, but given the nationality of Infosys (Indian), this is not entirely shocking. Their CEO has actually lashed out at software patents — a move which we very much welcome.

“OIN is not the solution to the core issue, which is patents on software.”Over in the United States, there is still some uncertainty over the death of software patents. Companies generally know that courts are hostile towards software patents (the higher the court, the more hostile) and fewer of them — albeit not all — dare sue. It’s the initiation of a long and expensive process which typically yields nothing after Alice (only court and lawyers’ fees).

IAM, an enemy of India [1, 2, 3] and a proponent of software patents (also the mouthpiece of patent trolls, as we last showed yesterday), worries about an impending SCOTUS ruling which would most likely further inhibit patent trolls and software patents in the US. IAM wrote the following yesterday:

As anyone with even a cursory interest in patents could tell you, this means that as things stand a large proportion of patent suits are concentrated in the Eastern District of Texas, which because of its handling of issues such as discovery and early case motions, is perceived to be particularly plaintiff friendly.

Because it is. And it’s even advertising itself as such! So much for justice! It’s like a disciplinary committee under Battistelli, which evidently continues to be a problem [PDF].

“Over in the United States, there is still some uncertainty over the death of software patents.”According to this new article (sheltered behind a paywall, as usual), the USPTO is probably realising that software patents are a thing of the past. To quote the summary:

Recent Federal Circuit decisions, and updated Guidance issued by the USPTO have provided practitioners with a new roadmap to navigate the minefield left in the wake of the “Alice” case.

Alice, as we repeatedly noted last year, is here to stay. There are no signs that Justices will revisit the matter (patentability of software) any time soon. Instead, again behind paywall, Justices now look into other matters. MIP give paying subscribers a glimpse at what happens in Impression v Lexmark (oral arguments). It’s a SCOTUS patent case which along with TC Heartland will quite likely further restrict patent scope in the US (a much-needed and overdue reform).

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 24/10/2021: XWayland 21.1.3 and Ubuntu Linux 22.04 LTS Daily Build

    Links for the day



  2. IRC Proceedings: Saturday, October 23, 2021

    IRC logs for Saturday, October 23, 2021



  3. Links 24/10/2021: Ceph Boss Sage Weil Resigns and Many GPL Enforcement Stories

    Links for the day



  4. GAFAM-Funded NPR Reports That Facebook Let Millions of People Like Trump Flout the So-called Rules. Not Just “a Few”.

    Guest post by Ryan, reprinted with permission



  5. Some Memes About What Croatia Means to the European Patent Office

    Before we proceed to other countries in the region, let’s not forget or let’s immortalise the role played by Croatia in the EPO (memes are memorable)



  6. Gangster Culture in the EPO

    The EPO‘s Administrative Council was gamed by a gangster from Croatia; today we start the segment of the series which deals with the Balkan region



  7. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”

    The EPO‘s circle of corruption in the Balkan region will be the focus of today’s (and upcoming) coverage, showing some of the controversial enablers of Benoît Battistelli and António Campinos, two deeply corrupt French officials who rapidly drive the Office into the ground for personal gain (at Europe’s expense!)



  8. Links 23/10/2021: FreeBSD 12.3 Beta, Wine 6.20, and NuTyX 21.10.0

    Links for the day



  9. IRC Proceedings: Friday, October 22, 2021

    IRC logs for Friday, October 22, 2021



  10. [Meme] [Teaser] Crime Express

    The series about Battistelli's "Strike Regulations" (20 parts thus far) culminates as the next station is the Balkan region



  11. Links 23/10/2021: Star Labs/StarLite, Ventoy 1.0.56

    Links for the day



  12. Gemini on Sourcehut and Further Expansion of Gemini Space

    Gemini protocol is becoming a widely adopted de facto standard for many who want to de-clutter the Internet by moving away from the World Wide Web and HTML (nowadays plagued by JavaScript, CSS, and many bloated frameworks that spy)



  13. Unlawful Regimes Even Hungary and Poland Would Envy

    There’s plenty of news reports about Polish and Hungarian heads of states violating human rights, but never can one find criticism of the EPO’s management doing the same (the mainstream avoids this subject altogether); today we examine how that area of Europe voted on the illegal "Strike Regulations" of Benoît Battistelli



  14. The EPO’s Overseer/Overseen Collusion — Part XX: The Visegrád Group

    The EPO‘s unlawful “Strike Regulations” (which helped Benoît Battistelli and António Campinos illegally crush or repress EPO staff) were supported by only one among 4 Visegrád delegates



  15. [Meme] IBM Has Paid ZDNet to Troll the Community

    Over the past few weeks ZDNet has constantly published courses with the word "master" in their headlines (we caught several examples; a few are shown above); years ago this was common, also in relation to IBM itself; clearly IBM thinks that the word is racially sensitive and offensive only when it's not IBM using the word and nowadays IBM pays ZDNet — sometimes proxying through the Linux Foundation — to relay this self-contradictory message whose objective is to shame programmers, Free software communities etc. (through guilt they can leverage more power and resort to projection tactics, sometimes outright slander which distracts)



  16. [Meme] ILO Designed to Fail: EPO Presidents Cannot be Held Accountable If ILOAT Takes Almost a Decade to Issue a Simple Ruling

    The recent ILOAT ruling (a trivial no-brainer) inadvertently reminds one of the severe weaknesses of ILOAT; what good is a system of accountability that issues rulings on decisions that are barely relevant anymore (or too late to correct)?



  17. Links 22/10/2021: Trump's AGPL Violations and Chrome 95 Released

    Links for the day



  18. [Meme] How Corporate Monopolies Demonise Critics of Their Technically and Legally Problematic 'Products'

    When the technical substance of some criticism stands (defensible based upon evidence), and is increasingly difficult to refute based on facts, make up some fictional issue — a straw man argument — and then respond to that phony issue based on no facts at all



  19. Links 22/10/2021: Global Encryption Day

    Links for the day



  20. [Meme] Speaking the Same Language

    Language inside the EPO is misleading. Francophones Benoît Battistelli and António Campinos casually misuse the word “social”.



  21. António Campinos Thinks Salary Reductions Months Before He Leaves is “Exceptional Social Gesture”

    Just as Benoît Battistelli had a profound misunderstanding of the concept of “social democracy” his mate seems to completely misunderstand what a “social gesture” is (should have asked his father)



  22. IRC Proceedings: Thursday, October 21, 2021

    IRC logs for Thursday, October 21, 2021



  23. Links 21/10/2021: MX Linux 21 and Git Contributors’ Summit in a Nutshell

    Links for the day



  24. [Meme] [Teaser] Miguel de Icaza on CEO of Microsoft GitHub

    Our ongoing series, which is very long, will shed much-needed light on GitHub and its goals (the dark side is a lot darker than people care to realise)



  25. Gemini Protocol and Gemini Space Are Not a Niche; for Techrights, Gemini Means Half a Million Page Requests a Month

    Techrights on gemini:// has become very big and we’ll soon regenerate all the pages (about 37,500 of them) to improve clarity, consistency, and general integrity



  26. 'Satellite States' of EPO Autocrats

    Today we look more closely at how Baltic states were rendered 'voting fodder' by large European states, looking to rubber-stamp new and oppressive measures which disempower the masses



  27. [Meme] Don't Mention 'Brexit' to Team UPC

    It seems perfectly clear that UPC cannot start, contrary to what the EPO‘s António Campinos told the Council last week (lying, as usual) and what the EPO insinuates in Twitter; in fact, a legal challenge to this should be almost trivial



  28. The EPO’s Overseer/Overseen Collusion — Part IXX: The Baltic States

    How unlawful EPO rules were unsurprisingly supported by Benoît Battistelli‘s friends in Baltic states; António Campinos maintained those same unlawful rules and Baltic connections, in effect liaising with offices known for their corruption (convicted officials, too; they did not have diplomatic immunity, unlike Battistelli and Campinos)



  29. Links 21/10/2021: GIMP 2.99.8 Released, Hardware Shortages, Mozilla Crisis

    Links for the day



  30. How Oppressive Governments and Web Monopolists Might Try to Discourage Adoption of Internet Protocols Like Gemini

    Popular movements and even some courageous publications have long been subverted by demonisation tactics, splits along unrelated grounds (such as controversial politics) and — failing that — technical sabotage and censorship; one must familiarise oneself with commonly-recurring themes of social control by altercation


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