Bonum Certa Men Certa

Patently Absurd: Microsoft, BSA, IDC, Alsup, and Trend Micro

Meet Microsoft, a High-brow Software Patents infringer



T

he lawsuit over Silverlight was mentioned a fortnight ago, along with other new evidence of an out-of-control system. People in Microsoft Watch and elsewhere seemed very curious about the status of this case. Between the Lines offers some details.

Silverlight suit: Microsoft’s conduct is “unlawful” and “willful”



[...]

In its complaint, filed July 2, Gotuit alleges that Silverlight, Microsoft’s rival to Adobe’s Flash for Video and the technology powering the online video coverage of the games, infringes on Gotuit patents that allow “for the enhancement, personalization and monetization of video and other media.”


You can explore further the ridiculousness of this. Microsoft now drinks from the same well which it poisoned.

Begging for RAND and Intellectual Monopolies



It has only been a week since IDC, Microsoft and the BSA (all are financially linked) pulled their usual stunts in Europe in attempt to legalise software patents, make RAND the standard in standards, and push forward the proprietary software agenda with propaganda terms like "piracy". Well, it's happening again, according to The Register.

BSA: Software piracy's 'tragic' impact on US society



[...]

The BSA-sponsored IDC study, available here (pdf), pinpointed eight US states in the report. It found significant variations from the national piracy figure of 20 per cent.


Be sure to learn what Microsoft and the BSA have been doing recently [1, 2, 3]. It barely receives media attention, so it tends to progress under people's noses. It doesn't meet the sheer resistance it truly deserves.

It was only weeks ago that the BSA (and maybe its hired associates like IDC) were pushing for RAND on behalf of Microsoft et al (the funding sources). Meanwhile, and probably independent from this, the EU is also strengthening intellectual monopoly laws.

Following the April 2007 initiative on "Enhancing the patent system", the European Commission has now published a communication on a European industrial property rights strategy (PDF). It hopes this will improve access to the patent system and to trademark protection for small and medium-sized enterprises (SMEs). The Commission has also announced that it intends to work harder on ensuring the quality of patents granted and the promotion of innovation associated with it.

European Commission sounds new patent offensive

Following the April 2007 initiative on "Enhancing the patent system", the European Commission has now published a communication on a European industrial property rights strategy (PDF). It hopes this will improve access to the patent system and to trademark protection for small and medium-sized enterprises (SMEs). The Commission has also announced that it intends to work harder on ensuring the quality of patents granted and the promotion of innovation associated with it.


Patent Busting



We wrote about the Peer-To-Patent project only yesterday. There are some more details about it in Mark Webbink's blog.

In my last blog I talked about the PeerToPatent project and how it is attempting to improve the U.S. patent system one patent at a time. As you may see in the press today, my interest in PeerToPatent is not benign. Starting back on June 1 I have joined New York Law School as a visiting professor and as executive director of the new Center for Patent Innovations, home of PeerToPatent.


The need for patent busting is evident and fruits of this project imminent. There is already this new report about a major claim getting binned because of a patent's obviousness (it got invalidated).

Finisar, which makes high-speed data transmission equipment, accused Comcast of infringing with its digital cable systems. Alsup invalidated the only claim asserted by Finisar because of obviousness. Morgan & Finnegan represented Finisar.


Trend Micro Begs for FOSS Forgiveness



Trend Micro shot the wrong target using the wrong weapon

Boycott Trend Micro



It's feeling the heat as a result. Perhaps.

Trend Micro, potentially terrified due to the boycott (on top of poor business health at the moment), bothers to repeat Chen's claim via another executive. In CBR he insists that the software patent lawsuit is not about Free software (well, it sure is in practice). Maybe they have regrets now. It's a tad amusing to see the 'damage control' that they do. Interestingly enough, in this article from Jason Stamper they also sneak in the sentence: 'Dean Drako, president and CEO of Barracuda Networks, said: “Innovation will lead to a safer Internet, litigation will not.”' He said this elsewhere too.

"I would much rather spend my time and money and energy finding ways to make the Internet safer and better than bickering over patents."

--Dean Drako, Barracuda's CEO

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