Bonum Certa Men Certa

“Peace of Mind” Over Piece of S* Software Patents, Lobbyists

Linspire sold FUD, whereas Novell claims to be selling “intellectual property peace of mind” [1, 2, 3]. They are both in the business of GNU/Linux fear, having become partners of Microsoft (Linspire is dead now).



Since this whole Web site began, E-Channel Line has always provided a lot of Novell coverage. Virtually all of it was positive, so there is likely to be bias there. It is now, after Microsoft's latest cash infusion, that the site also talks about software patents.

That IP peace of mind being customers need not fret over being sued by Microsoft as the deal also includes a patent protection. The protection extends to Novell's Linux users and covers any potential infringement of IP that allegedly exists in Linux.


Sadly, many Novell apologists look the other way and pretend that if they don't know about this, then it has no impact. But ignoring problems or brushing and sweeping them under the rug does not make them go away; au contraire! It helps them grow quietly until it's impossible to combat them.

“But ignoring problems or brushing and sweeping them under the rug does not make them go away...”So whilst Novell contaminates everything with .NET and OOXML patents, for which it claims to have acquired 'protection', a lot of people are asleep at the wheel. Instead of waking up and steering off the groove, they are shouting about Novell's financial results, which they crave to embellish. They make Novell even stronger this way.

In reality, many patents of Microsoft are toothless tigers because there is no complete duplication of technology and no originality. Take the Page Up/Page Down patent as an example [1, 2, 3]. This latest article explains why the cost of reexamination is the greater concern, not the validity. It'll never come to court as that would rubbish the patent and make Microsoft's portfolio less formidable. It's about perception and inspiration of fear.

Microsoft's patent claim says that prior to its invention, a computer user couldn't easily punch the Page Up or Page Down keys to scroll exactly one page down or up; instead, those buttons would move up or down a variable amount within a document, depending on how magnified the document's text was.

The patent dossier lists Timothy Sellers, Heather Graham and Joshua Dersch, all of Washington state, as the inventors, and Microsoft as the patent owner.

It is not clear whether Microsoft's patent will be enforceable. Another company could implement the same scrolling method if it can show that the technology was generally available and widely known before Microsoft filed a patent application.

Microsoft will not be able to assert ownership over the scrolling method in Canada because it has not yet filed an application for the same invention with the Canadian Intellectual Property Office.


Another argument can be made with respect to the invalidity of software patents in the vast majority of the world. Using lobbyists [1, 2], Microsoft intends to continue its fight for their expansion, which the world must fight against. [via Digital Majority]

Florian Müller's book tells you the intriguing story of how we all managed to influence policy makers by telling the truth against a plethora of paid lobbyists from Microsoft, Siemens etc.


As a reminder to those who think that standardisation means "no patents", here is a quick pick from the news. [via Andy Updegrove]

Earlier this year, the Federal Trade Commission announced a proposed consent order and complaint against Negotiated Data Solutions LLC (N-Data). In that matter, the agency alleged that the technology company engaged in unfair methods of competition and unfair acts or practices in violation of Sec. 5 of the FTC Act by enforcing certain patents against participants in a standard-setting organization employing Ethernet, a computer networking standard used in nearly every computer sold in the United States.


Imagine complying with standards only to get sued. Therein also lies one trouble with the Free software-hostile OOXML.

Comments

Recent Techrights' Posts

Springtime is Next, Here's What We Plan for March and April
This month and next month we expect to publish something unique about EPO abuses every day
Studying the Freedom of firefox-123.0.tar.bz2
The "F" in Firefox
Abraham Raji, Jens Schmalzing & debian-private cover-ups after deaths, accidents, suicides
Reprinted with permission from Daniel Pocock
Microsoft Bribes, Keeping Regulators at Bay
crime and corruption
[Meme] The Quotas Came From Above
EPO targets
EPO Talent Planning & Architecture is Another Attack on EPO Staff and the Central Staff Committee (CSC) Explains Why
ignore the flowery words
[Meme] Just Following Orders From "The Fu**ing President" António Campinos
Salary? OBEY!
Links 21/02/2024: China Working on West-less Tech Future, More Bounties on Patent Troll Leigh M. Rothschild (Which IBM et al Failed to Dismantle at the Root)
Links for the day
Links 21/02/2024: Encryption Backdoors Deemed Not Legal, Decentralised Web Under Attack
Links for the day
Games:Steam Audio as Free Software, Hazard Pay, ChipWits, and More
7 stories for today
Julian Assange, Wikileaks & Debian-private
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 20, 2024
IRC logs for Tuesday, February 20, 2024
Links 21/02/2024: Microsoft Sued for Monopolistic Policies, More Layoffs Planned for Next Month
Links for the day
Gemini Links 20/02/2024: Time Management System and Communications
Links for the day
Techrights' Statement on Julian Assange Verdict (February 20th, 2024) - Updated Throughout the Day
Techrights observes today's disturbing attempts to extradite a journalist for committing acts of journalism
Links 20/02/2024: More GAFAM Layoffs, Assange Missing From His Trial for Heath Reasons (the UK's Own 'Navalny Treatment')
Links for the day
[Meme] But the Boss Said...
"The illegal we do immediately. The unconstitutional takes a little longer."
An EPC-Violating Patent Granting Process: Unlawful Orders, According to the Central Staff Committee of the European Patent Office (EPO)
One can hope there's another strike (work stoppage) planned
In Cuba, Windows Dips to 'Market Share' of 16.8% and GNU/Linux Keeps Growing (Now ~6% of Desktops and Laptops)
it's harder for Microsoft to push Cubans around
[Meme] Code of Conduct (CoC): Too Much Power in the Wrong Hands
Might makes right?
[Video] For Software Freedom Avoid Free Bait
do not take any of this for granted
[Video] Trouble at Mozilla Means Trouble for Firefox and for the Web
The era of the open Web is ending
[Video] Microsoft Layoffs: It's Worse Than the Media Makes It Seem
Microsoft's fraudulent accounting
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 19, 2024
IRC logs for Monday, February 19, 2024
Gemini Links 20/02/2024: Kids Cannot Write, Misfin-Server, and More
Links for the day
[Meme] Not Only XBox is Failing at Microsoft (There's a Comprehensive Cover-up)
A lot of stuff at Microsoft has been a failure
[Video] Invalid European Patents and Invalid (Kangaroo) Courts: It All Comes Together, Enriching the Already-Rich Monopolists by Systemically Flawed Design, and Moreover in Defiance of Constitutions
If the EPO makes more money by granting more European monopolies (mostly to non-Europeans), does it mean politicians should celebrate it?
Why Microsoft is Promoting/Hyping Up XBox Vapourware (Hardware That Does Not Even Exist) and 'Store' (or Titles) Instead of Physical Products
most operations/units at Microsoft shrink or lose money
GNU/Linux in Egypt: From 0.1% to 6% in 15 Years
United Kingdom is about 4.1 times smaller than Egypt
Links 19/02/2024: Microsoft Reportedly Set to Cut Even More Jobs, Air Strikes in Yemen Continue
Links for the day
Sexually Harassing and Intimidating Women, Then Sending "Final Warning" to Silence Them by Further Intimidation
Attacking women, blackmailing hosts, and falsely presenting (or misrepresenting) laws
Claire M. Connelly, Melissa O'Neill & Debian relationship rumors
Reprinted with permission from Daniel Pocock
Links 19/02/2024: Terrorists in Twitter and Julian Assange Verdict Imminent
Links for the day
Gemini Links 19/02/2024: NNCP, Rust, and More
Links for the day
The Cyber|Show: Inscrutable (Proprietary) Systems - British Post Office - Part 2
modern day software complexity
WIPO UDRP Decision 2022-1524 explained
Reprinted with permission from Daniel Pocock
Perjury: Axel Beckert (ETH Zurich) & Debian lying and scapegoating
In the next snippets of Debian vendetta-by-lawyer, we are going to pick out the examples of perjury
[Meme] All Quiet On The Munich Front
On patent fodder
Freeloading Patent Monopolies in Europe (Typically Granted to Non-European Corporations) While the 'EPO Mafia' is "Frontloading"
lowering quality of examination
IRC Proceedings: Sunday, February 18, 2024
IRC logs for Sunday, February 18, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Almost 1,000 Microsoft Layoffs in California This Year, According to Official Pages Tied to Worker Adjustment and Retraining Notification (WARN) Act
a look at raw data