Bonum Certa Men Certa

Patents Roundup: Linux, India, Microsoft, the Trolls, and the USPTO

There's lots to catch up with and here is just a summary.

Is LiMo the OIN of Mobile Linux?



This interesting new article from The Register is little cynical (that's just the publication's style). It seems to suggest that LiMo members may benefit from somewhat of a patent pool, a patent shield, some would say an "umbrella". There is also some legitimate criticism:

For all its talk of openness, just a quarter of the code in the LiMo Foundation's mobile platform is open source, making it a minefield to navigate in terms of protected patents - 300,000 patents to be precise.


"300,000 patents," eh? Can people finally understand why OpenMoko feels cornered? Such an industrial environment fosters no development whatsoever, unless you have already established yourself as a giant, a monopoly. And then there's the patent-trolling...

Is Microsoft Breaking the Indian Law?



This week's main story probably comes from India. Previously we looked at how software patents can harm Free software. Microsoft understands this and it's prepared to exploit. Watch this update from India and read this comment:

Infosys was there and pushing for software patents. They are totally against the open source and free software.

Symantec was there and also pushed for software patents.

Microsoft was there.

The Confederation of Indian Industry (CII) was also pushing for software patents.


The situation in India was last alluded to here. It could be getting worse as the county gets looted by Microsoft and its ecosystem.

Software patents are not legal in India, but Microsoft may be 'leading the way' by breaking law there, just as it does in South Africa. Professor Derek Keats has already accused Microsoft of breaking the law in hope of setting precedence .

Here is what came up thorough a pointer from a reader:

[ILUG-BOM] Software Patents in India



and while we were asleep three patents have been granted to Microsoft by the indian patent office.

Just reading the initial brief tells me it this a journalled fs coupled with some seek n sort. http://210.210.88.164/patentgrantedSearch

This one looks like DRM but could be SSH http://210.210.88.164/patentgrantedSearch/displayApplication

And this one hashes of loaded modules in mem to check that there is no trojan module. DRM? AV? http://210.210.88.164/patentgrantedSearch/displayApplicatio


Here is another news article about software patents and India. [via Digital Majority]

According to Richard Stallman, the co-developer of the GNU-Linux operating system and proponent of Free Software says, “Software patents are patents which cover software ideas, ideas which you would use in developing software. [...]"

[...]

Indian Position

With respect to computer software, in Patents (Amendment) Act, 2002, the scope of non-patentable subject matter in the Act was amended to include the following: “a mathematical method or a business method or a computer programme per se or algorithms”.

[...]

India for its part seems to have adopted the more conservative approach of the European patenting norms for software. But the Ordinance definitely has its use and relevance in today’s India, particularly for our growing domestic semi- conductor industry. This, along with judicial tempering might definitely ensure a judicious use of patent protection while allowing the industry to grow through innovations and inventions, thereby, mitigating the risks of trivial patents chocking the life out of real innovations and inventions. This is the reason a patent should always be treated as a “double edged sword”, to be wielded with caution and sensitivity.

Now whether, in reality this will be implemented on a rigid basis or will become broad in scope through application (as in the U.S.), and, more importantly, whether the Ordinance would, in fact, result in increased innovation and inventions in the software industry, remains to be seen.


What will it be in India? Please send in some feedback shall you come across information of value.

Rick Frenkel, Trolls Buster



Remember the man who exposed Patent Trolls like Ray Niro [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]?

Well, well...

Niro's harassment of an innocent blogger seems to have backfired. He turned the man's hobby into a full-time job.

Former Patent Troll Tracker blogger Rick Frenkel has left Cisco Systems and moved to Wilson Sonsini Goodrich & Rosati, a top Silicon Valley law firm, where he is of counsel. Today is his first day at the firm.

"We were impressed with his breadth and depth of experience," said Michael Barclay, an IP litigation partner at Wilson Sonsini and a PTT reader, natch. "Rick has developed a lot of knowledge and insights about patent trolls that will be helpful to our clients who have to deal with them."


This turn of events was also covered in an article from Law.com. Congrats to Rick. Now he can expose and depose the other Niros of the world and even get paid for it.

From patent trolls tracker to patent trolls buster.

The world need more 'regulators' like him.

Software Patents from Hell



Ugly, ugly, ugly.

It's appalling to see just what's perceived as patentable these days. The company that invented GPL circumvention (video, more about it in [1, 2]) continues to be part of the problem. It adopts intellectual monopolies as a business model. Here is the latest from this case:

Dish plans to sustain legal fight with TiVo



[...]

"You know, I know this case inside and out," Ergen said in a conference call with analysts Monday. "We have changed that intellectual property in a way we don't violate (TiVo's patent) anymore. I'm just stubborn enough to say, 'Why am I going to pay for something that we don't violate?' "


Watch this one too.

The original complaint alleges defendants Cisco Systems, Juniper Networks and Aruba Networks infringe the '118 Patent by making, using or selling wireless Internet access systems which utilize captive portal techniques to block or redirect HTTP requests.


Virtually all networking/routing equipment rendered "guilty" in one fell swoop?

Google too has just been sued for one of those infamous advertising patents. Watch the simplicity of the patent and recall how this class of patents put the entire patentability of software in jeopardy, even in the United States.

It still seems rather amusing (if not twisted) that some patent system supporters are trying to convince the world Google would be harmed by an absence of software patents. Instead, it seems increasingly obvious that it would only serve to help Google, who is a regular target of questionable patent infringement lawsuits. Take the latest such case as an example. A company by the name of Web Tracking Solutions, which ironically enough, doesn't appear to have much of a web presence (if any), has sued Google for patent infringement, claiming that its patent on third-party on-line accounting systems is being violated by Google's AdSense offering.


Need for Reform



There is is truly a need for change. Academics continue to endorse this message.

Arti K. Rai (Duke University School of Law) has posted Building a Better Patent System: Facially Neutral Standards with Disparate Impact (Houston Law Review, Vol. 45, 2008) on SSRN. Here is the abstract:

Prompted by persistent complaints, particularly from the information and communication technology (ICT) industries, about the dangers allegedly posed by strong patents of poor quality, both the legislative and judicial branches have recently made attempts at patent reform.



Here is another new paper on the subject.

To increase the digital economy in different countries myriad firms engage in costly R & D activities to forth innovative software effort due to the fact that achievement of competitive help. This paper covers eight countries the most developed software industry in the in every respect US and than after Europe, UK, Japan, Australia, South Africa, Malaysia, India, and Israel. These countries are having its own standard to grant software Patents, the laws followed not later than these countries are distinctly outlined one by one.


Trademark (In)Sanity in the USPTO



The problems of the USPTO run deeper than just patents. It's more industry-oriented than logic-oriented or economy-oriented. It too easily obeys the requirements of individual companies and thus loses sight of its original goals. The Dell "Cloud Computing" debacle, which was mentioned here just very briefly, remains inconclusive -- for now.

Dell had received near-final approval for its trademark application of the term "cloud computing," but the US Patent and Trademark Office canceled its "Notice of Allowance" on Tuesday and changed the status to "returned to examination."


This means that there are still some Clouds [pun] of uncertainty over the use of the term "cloud computing". Watch this:

Dell's filing described the term as "Custom manufacture of computer hardware for use in data centers and mega-scale computing environments for others." Dell also owns the URL cloudcomputing.com.


We've done a quick Whois.Net lookup and here's what it coughed out:




Registrant:
        Dell Inc.
        Dell Inc.
        One Dell Way MS 8033
         Round Rock TX 78682
        US
        dnsadmin@dell.com +1.5127283500 Fax: +1.5122833369



Domain Name: cloudcomputing.com

Registrar Name: Markmonitor.com Registrar Whois: whois.markmonitor.com Registrar Homepage: http://www.markmonitor.com

Administrative Contact: Dell Domain Administrative Contact Dell Inc. One Dell Way MS 8033 Round Rock TX 78682 US dnsadmin@dell.com +1.5127283500 Fax: +1.5122833369 Technical Contact, Zone Contact: Wade Sullivan Dell Inc. One Dell Way Round Rock TX 78682 US dnstech@dell.com +1.5127288565 Fax: +1.5127286024

Created on..............: 2007-02-28. Expires on..............: 2010-02-28. Record last updated on..: 2008-02-21.

Domain servers in listed order:

ns1.us.dell.com ns3.us.dell.com ns4.us.dell.com ns5.us.dell.com ns2.us.dell.com





It's hopefully clear to see that this domain was registered long after the term "cloud computing" had been in common use. Dana Blankenhorn asks: Has Dell lost its mind?

Dell did not succeed in the 1990s as an intellectual property company. It succeeded by delivering precisely what buyers wanted, with bulletproof quality, at the lowest possible price.

In an open source world these are still the keys to success. Not intellectual property. Precision, value, quality.


Dell seems to be following Microsoft's footsteps. In difficult time, it strives to capitalise on imaginary property. ⬆

Recent Techrights' Posts

IBM Firings (or Silent Layoffs) After Bluewashing; "IBM’s Employment History is More Troubling Than its Patriotic Marketing Suggests"
"It has zip to do with race but everything to do with the greed of the 1% who have been doing all they can to destroy the middle class..."
“Week van de Werkstress” and Work-Related Stress at the EPO, Where Staff is Bullied Into Granting Illegal Patents for Foreign Monopolists
"poor working environments, including discrimination and inequality, excessive workloads, low job control and job insecurity pose a risk to mental health"
Czech Republic: GNU/Linux Rises Above 5% in Desktops and Laptops
A year ago it was somewhere around 4%
Intercontinental Brigading - Part XXXXII - Running One's Mouth
British Police told me "making a false complaint to police is a crime" in relation to Lozza
 
The Decade Ahead, a Decade of Suppressed Stories
Our stories aren't discouraged or considered taboo because of racism or "toxic politics" or anything like that; they just hurt powerful people and corporations
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part V - "Reports Closed Without the Evidence Being Examined."
Totally what the SRA did regarding Brett Wilson LLP
Gemini Links 07/11/2026: Illusion Garden and Lagrange 2
Links for the day
Complexity is the Tyrant's Friend
Slop is for feeble minds and cheaters
EPO's Local Staff Committee The Hague Says Almost or About a Third of Staff Assembled to Organise at "a Time of Continued Social Unrest"
They speak of "circa 850 staff members in attendance" (in The Netherlands there are about a couple thousand)
Suggestions That XBox Will be Offloaded by Microsoft, Rather Than Shut Down, Make the False Assumption XBox is Profitable (It's Not, It's a Liability)
Microsoft has serious financial troubles
Which "Smart" "Phone", Which "Social" "Media", and Which "Cloud" "Storage"?
Let's take back control of the language
State of the (Linux) Slop, Late 2026 Edition
Google News (Gulag Noise) is a plagiarism booster
Year 21
It's 5PM here
Links 07/11/2026: "Flock Cameras Got Eviscerated by the Midterms" and Joshua Wong Shows China is Highly Repressive and Fully Controls Hong Kong
Links for the day
At The Register MS the Net Liabilities Doubled in One Year, Tangible Assets Down About 35% in One Year
signed off in 2026
Another 20 Years of Exposing Corruption
We'll focus on carrying on what we do
EPO Budget and Finance Committee (in Very Recent Meeting) Increases Bribes to People Who Vote on Campinos Reappointment ("Cooperation Activities")
Buying 'elections' to protect the cocaine-stained regime in Europe's second-largest institution
Links 07/11/2026: London's SLAPP Industry Now Targets Kirkenes (Northern Norway) at the Behest of Corrupt Thieves in Russia and Microsoft’s 'Buyout' Offer Crashes Microsoft Systems
Links for the day
Links 07/11/2026: "The Moon is Waning Crescent", Homeworlds, and "Can't Handle The AVIF!"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 06, 2026
IRC logs for Friday, November 06, 2026
IBM Compels Workers - Even at Red Hat - to Become "Retired-ish"
Who needs RAs (layoffs, which have been rebranded as "buyouts" like pink slips are generous "gifts") when workers can have their butts kicked every day and WARN Act reporting thresholds are never approached?
Links 06/11/2026: "XBox Is Closer Than Ever to Being Sold Off" and "BuzzFeed Stock in Free Fall"
Links for the day
Gemini Links 06/11/2026: Dao and Dreams
Links for the day
20 Years of Techrights
Celebrating 2 decades of abuses of power being watched (and looking back at key changes)
Linux (and Linus Torvalds) Sleepwalking Into a Binance-Level Catastrophe With Slop 'Code'
Someone should ask Linus Torvalds or his boss (Linux Foundation) if they deem slop, which nobody audits, trustworthy enough to add to every computer out there running the Linux kernel
Vitaly Orlov Weaponises Deep Pockets to Leverage High Court of Justice in London for Censorship and Punishment of Critics
reproduced in full for more exposure and to make censorship harder
Intercontinental Brigading - Part XXXXI - What I Told British Police About Lozza the Same Month Garrett Was Preparing His First Nastygram From 'Hired Guns' Brett Wilson LLP
Lozza and Garrett
Outsourcing at IBM
Cheapening of the workforce is hardly a new problem
The Register MS: Turnover Fell by Over a Million Pounds (About 20%) in One Year, Administrative Expenses Rose by Almost Half a Million Pounds, The Register MS Operates at a Loss
This is not a (commercially) healthy publisher
Links 06/11/2026: Slop "Companies Race to Lock Down Oil Clients" and Salon Shuts Down
Links for the day
Our Third Decade
Our anniversary is tonight at midnight
Freedom Is Not Free of Charge, Freedom Can be Very Expensive
Being someone's "slave" is the "default" when no resistance exists
Intercontinental Brigading - Part XXXX - Swatting by Proxy
Using imbeciles who lie to cops and then dox cops (and already have arrest record and court documents wherein they admit being stoned in front of the cops)
Intel Craters at Taxpayers' Expense (Bailouts for Failing Companies Simple Don't Work)
GOP, which did this, has lost many seats
Mass Layoffs at IBM, Also Outsourcing to India
What IBM does to itself it is doing to other entities as well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 05, 2026
IRC logs for Thursday, November 05, 2026
During Strikes and Industrial Actions Lots of EPO Staff Organised Yesterday and Will Do the Same Next Week
There really needs to be a genuine election, not a reappointment
Gemini Links 06/11/2026: Hadestown and "Where Has the Electronics Shop Gone?"
Links for the day
Links 05/11/2026: Rule of Law Vanishing in Turkey, Joshua Wong Still Martyred by Chinese Regime
Links for the day
Gemini Links 05/11/2026: Classical Music, Politics, and Seeed Studio
Links for the day
Like Almost Every Slopfarm, UbuntuBuzz Seems to Have Thrown in the Towel
Linuxsecurity and Linuxiac (to some extent Linuxjournal) are still going, but for how much longer?
EPO 'Midterm' Elections Should Oust the Dictator
Tentatively a failure to secure another (unprecedented) reappointment before Christmas
Secret IBM Layoffs and Increase in PIPs (Silent Layoffs)
The media is failing to do its job
Links 05/11/2026: "Voice is Underutilized" and How Data Centres Lost the Midterm Elections
Links for the day
Intercontinental Brigading - Part XXXIX - Crime Numbers Regarding GGG (Americans) and Why Those Still Matter
Time does not undo the actions
Intercontinental Brigading - Part XXXVIII - Telling the Police About the Defamatory Blog Where Posts Targeted My Wife and I (From Across the Atlantic Ocean)
Two years ago we spoke to cops a lot
The Register MS is Losing Money Again, Based on The Register MS
Selling out didn't pay off for very long
There Are No "Layoffs" Anymore, Layoffs Got Rebranded
We're entering bizarre times when layoffs are said to be "down" (according to the regime that suffered a 'bloodbath' in the election) because companies quit using the term "layoffs"
Gemini Links 05/11/2026: Rivers of London, Soul Cakes, STMicroelectronics, and Slop
Links for the day
The Register MS Has Just Published Fake Article With "AI" 84 Times in the Page Because It Was Paid to Do This!
Astounding number of mentions of "AI" (84 in total)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 04, 2026
IRC logs for Wednesday, November 04, 2026