Bonum Certa Men Certa

Patents Roundup: Linux, Acacia, Microsoft, Samsung and More

Linux



IN some of our previous roundups we looked at Red Hat and Acacia [1, 2, 3, 4, 5], whose patent case is reappearing because Red Hat looks for prior art. Someone who goes by the alias "stickster" put it in OSNews and Slashdot:



Didn't Groklaw garner about 500 comments at the time (towards the end of 2007), some of which suggesting that there was prior art? Readers provided examples. Here is some coverage from around that time [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11] and here is Acacia's very latest extortion, which it brags about to its investors.

Acacia Subsidiary Enters into Settlement and License Agreement with NetScout



EWPORT BEACH, Calif., Feb 17, 2009 (BUSINESS WIRE) ----Acacia Research Corporation (Nasdaq: ACTG) announced today that its Diagnostic Systems Corporation subsidiary has entered into a settlement and license agreement with NetScout Systems, Inc. covering a portfolio of patents that apply to rule-based monitoring.


"Enters into Settlement" is an understatement. Those who invest in such a company, which only ever does what's akin to racketeering with stuff it buys solely for this purpose, should be ashamed of themselves. This is very different from being a company that actually develops a technology or owns its creation, thus making these patents self-derived, e.g. (from the news):

1. CyberLink signs License Agreement for Macrovision’s IPG Patents and TV Guide Data Solutions to Enhance TV on the PC Experience

innovative solutions provider for the connected media lifestyle, announced today that it has entered into an agreement to license Macrovision’s interactive program guide patent portfolio and its TV Guide Data Solutions for use with CyberLink’s TVEnhance and PowerCinema software.


So TV guides are patentable now?

2. IDTELi Announces Agreement with Piedmont Credit Union of Danville VA

IDTELi LLC is an authorized distributor of the GUARDED ID€® keystroke encryption software to the financial services industries


That would be keystroke encryption. Patentable? Well, at least they own it.

What's with this mentality of Acacia then? When will it actually develop something? Or patent something rather than just acquire and coerce?

Need it be said that there is overlap -- in terms of staff's background -- between Microsoft and Acacia? Well, they think alike and Microsoft is investing in even bigger 'Acacias'.

Microsoft



Microsoft is a classic hypocrite when it comes to patents. It lies with 'honesty' about the need for patents while pretending that dissenters are worthy of labels like "communist". One person reposts a classic old article from Richard Stallman who rebuts this perception.

Today's Microsoft is a megacorporation with thousands of patents. Microsoft said in court that the main competition for MS Windows is "Linux," meaning the free software GNU/Linux operating system. Leaked internal documents say that Microsoft aims to use software patents to stop the development of GNU/Linux.

[...]

Mr. Gates' secret is out now - he too was a "communist;" he, too, recognized that software patents were harmful - until Microsoft became one of these giants.


A survey of the company's patenting carries on in Patently-O. It's part of a series.

However, only about 20% of patents that discuss Microsoft are actually assigned to the company.


In reference to the Brother patent deal (involving Linux), Matt Asay adds that Microsoft intends to force IP into IT talk. He should say "patents" really, not "IP".

Microsoft convinced Brother recently to license its patents so that Brother can run Linux drivers in some of its devices. Did you catch the oddity in there? Microsoft doesn't make drivers, Linux-based or otherwise. What intellectual property of Microsoft's did Brother need to license?

Only Microsoft knows, and it's not telling, despite repeated requests for Microsoft to open up on the patents it alleges that Linux violates. It's fine for Gutierrez to claim that intellectual property is the foundation for competition and cooperation, but when Microsoft is only willing to cooperate behind closed doors, it smacks of extortion, not partnership.


That last sentence is key. For prior information about the Brother deal:

  1. Microsoft Distorts the Linux and Virtualisation Markets
  2. Boycott Brother Industries
  3. Microsoft: Deal with Brother Similar to Novell's
  4. Patents Roundup: Apple, Microsoft Trolls, and Linux


Speaking of extortion, although it's not directly related to patents, here is an interesting new report.

According to Dilger, Microsoft has orchestrated a behind-the-scenes attack on Android, using its considerable leverage with manufacturers up and down the supply chain to discourage them from promoting Android devices too enthusiastically.


The article above refers to the essay titled "Did Microsoft kill Android at Mobile World Congress 2009?"

Android is clearly a threat to Microsoft’s plans for Windows Mobile. After all, how does one sell an aging mobile operating system lacking the multitouch sizzle of the iPhone and the addictive messaging savvy of the BlackBerry in a world where Google is butting in with a free, open source alternative that allows manufactures to freely customize it as they like?


We don't fully agree with Roughly Drafted because many Linux-related announcements -- Android included -- were made at the event (we assembled them among our daily links in Boycott Novell). But there are other things to ponder.

Does Samsung Pay Microsoft for Android?



And what about LG?

Samsung, like a few other companies including Linux phone maker LG, compromised Linux when it signed a patent deal with Microsoft. It was quite similar but not identical to the Brother deal. The news this week says that Samsung is to unleash 3 Android (Linux) phones.

Reuters reports that Won-Pyo Hong, Samsung’s head of product strategy, confirmed at least three Android smartphones and at least a Linux one, which will all be outed by the end of 2009.


This is also covered here

Samsung's Android Linux Handsets Coming Soon



[...]

Those who thought Samsung was on a mobile phone spewing spree so far at the Mobile World Congress (MWC), here's more news for you.


Since Samsung pays Microsoft for Linux, what does this mean to Android/Google? Google recently paid Microsoft for patents on a technology, so it's worth exploring or at least watching more closely. Speaking of Samsung, also in the news we find that this company, which is corrupt, has resorted to an embargo strategy against Bill Gates' latest darling (Kodak).

Samsung asks U.S. panel to ban Kodak camera imports



Samsung Electronics Co Ltd [...] asked a U.S. trade panel to block imports of Eastman Kodak Co's digital cameras [...] alleging mobile phones and other wireless devices by Samsung and home rival LG Electronics Inc infringed on patented Kodak technology [...]


How does this promote consumers' needs?

EU Propaganda Watch



One of our readers turned our attention to this new video of the event where, as we noted a few days ago, a Microsoft employee was among people in the panel. It's a pro-patents forum and the guy in the video says that "whoever speaks against it speaks against Europe." There is a lot of cronyism -- some from Microsoft -- inside Europe, comprising maximalisms of centralised (as in personal) wealth and monopolies. They have hired guns. Here is the latest examples where one of Microsoft's paid shills, Jonathan Zuck [1, 2, 3, 4, 5, 6, 7, 8], is used to further the agenda of illegalising Free software.

The existing intellectual protection (IP) system - under which companies have to file a patent in every EU member state - is "a telling example” of the Union's fractured regulatory framework, argues the study presented at an IP Summit in Brussels.

To bypass the EU regulatory framework, many innovative companies and especially SMEs end up skipping the European market by applying for a patent in the US. Jonathan Zuck of the Association for Competitive Technology said: "For the EU to even consider catching up with the US and Japan, a single IP-protection must be put in place."


USPTO Broken



In light of all this chaos, some people call for the dumping of Intellectual Monopolies, altogether. [via Digital Majority]

Time to rethink intellectual property laws?



[...]

Conversely, there is widespread anecdotal evidence that the act created a mind-set among many researchers that their knowledge represents a potential goldmine not to be shared with potential competitors (i.e. those working in other universities) - at least until it has been protected by a patent application.

Similarly, the act has led to a flood of “upstream” patents on basic scientific knowledge, leading to what some commentators describe as a virtually impenetrable “patent thicket” blocking small-scale inventors from marketing their products. For example, restrictive software patents limit further development and commercialisation in the field of information technology.


TechDirt shares a couple more embarrassments for this existing system:

1. Nokia, Qualcomm Move Forward With Non-Patent-Fight-Based Relationship

Qualcomm and Nokia have been involved in a long-running series of patent disputes over chips in mobile phones. The two companies settled the bulk of their disputes last summer, with Nokia throwing a chunk of change at Qualcomm and the two making nice.


2. Patent Hoarding Firms Discover The ITC Loophole

We've been discussing the ITC loophole, that allows patent holders to get two cracks at charging a company with infringement over the same patent (using different rules) for a while now. Patent holders can sue in court and they can complain to the International Trade Commission, which has the power to issue an injunction, barring the import of any "infringing" products. Even worse, the ITC doesn't necessarily need to follow the rules set forth by the Supreme Court over what is and what is not infringing.


So Much 'Innovation'



Looking at the past few days' news, we truly find a lot of evidence of the glaring problem, so hereby we present some exemplary stuff to be used as 'ammunition' against the status quo.

Here is a company that 'innovates' noise cancellation and another which 'innovates' mapping barcode to a URL (patent here). Delta is sued by a company that 'innovated' Wi-Fi on a plane (for background see this).

Theft protection too was 'innovated' (not 'stolen', to be a tad sarcastic), with details of the embarrassment for the USPTO right there.

Here is another patent hoarder in action:

General Patent Corporation (GPC), a leading patent licensing and patent enforcement firm, announced today on behalf of its client, Renhcol, Inc., that four additional licensing agreements for the “Web-Based Prediction Marketplace” Patent have been finalized as a result of settlements in a patent infringement lawsuits with patent infringement lawsuits with Pregame, LLC (Las Vegas, NV), 1402487 Ontario Limited (Toronto, ON), IGC Entertainment Corporation (Vancouver, BC) and National Sports Services (IGC), Inc. (Las Vegas, NV)"


"A leading patent licensing and patent enforcement firm," it calls itself. Nice name for an extortion firm. Look at the actual patent. This is ridiculous.

There are other bizarre picks from the news, e.g.:



When will this end? Or rather, when will the USPTO be ended? With stuff like this abound, it's only reasonable to demand that it's reformed or shut down. This current, dysfunctional USPTO does not promote any innovation at all. It's a marketplace so ripe for abuse where both patent examiners and the abusers make a lot of money, not to mention all which is gained by lawyers.

Some of the big advocates of this state of affairs are lawyers, monopolists, and patent trolls, none of whom are scientists or engineers. They are mooching off other people's hard labour and brains.

Recent Techrights' Posts

2025 Rumours of IBM Layoffs in Marketing Likely True, Online Powwow Drops More Clues
Expect over 10,000 layoffs this year (at IBM alone)
Microsoft Windows Barely Exists in Haiti Anymore
This trend in Haiti is a "story in progress"
 
Gemini Links 18/03/2025: Weather and Resisting "MAGA"
Links for the day
Links 18/03/2025: New Apple Blunders and Windows Disliked by Users
Links for the day
Once Again 'Losing Track' of Who the Clients Are, The Serial Harasser and Strangler from Microsoft
Timing is everything
Android (With Linux) Rises to Record Highs in Hong Kong and in Macao
Looking quite bad for Microsoft
Distractions. Distractions Everywhere.
distracting from the real solution
EPO Concerns About the Education and Childcare Allowance Reform (ECAR) and School Liaison Officer (SLO)
The public deserves to know as it impacts thousands of families
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 17, 2025
IRC logs for Monday, March 17, 2025
Links 17/03/2025: Weather Changing and Connecting Docker to Localhost
Links for the day
The EPO Might Face Critical 'Brain Drain' (Abandonment by the Most Experienced Patent Examiners) This Year
"a number of colleagues might feel compelled to inform the Administration before the end of May 2025 of their intention to retire as of 1 December 2025."
Links 17/03/2025: Forced Labour and Memory on Tenstorrent
Links for the day
Links 17/03/2025: Live Nation’s DOJ Antitrust Battle Carries on, as Does the Demise of the "Hey Hi" Bubble
Links for the day
Links 17/03/2025: "Badly Misled About Covid" and "Gag of America"
Links for the day
The Lie or Half-Truth of Clownflare (or Equivalents) Improving Things
It may seem "cheap" (temporarily) and "fast", but that's just bait
Free Speech Around the World is Curtailed in the Name of "Protecting Us"
We have spent many years speaking about how to combat this trend
Enshittification of Online Media
Now more than ever we must fight for independent press
War Readiness Means Removing Every Windows Installation and CALEA-Compliant Equipment
Finland is vulnerable for a whole bunch of reasons
Reporting Facts is Not a Privacy Violation
Techrights has long valued and defended privacy
In the Russian Federation (Russia), Microsoft Isn't Even the 1%
the government builds "homegrown" (not pertinent parts of them) distros with which to replace Microsoft, not just Windows
Gemini Links 17/03/2025: "Hack the Planet", Klingnauer Stausee, and Enshittification
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 16, 2025
IRC logs for Sunday, March 16, 2025
Slow News Cycles Are Part of a Trend, Technology Gravitating Towards Rich People's Interests
This issue isn't limited to the Web
Recent Site Changes and Looking Towards 2026
In November 2026 we turn 20
Mozilla Firefox is Probably Already Below 2% in the UK (United Kingdom)
LibreWolf identifies as "Firefox" by default
When You Don't Want to Tinker Much You Just Use GNU/Linux, Not Windows
With GNU/Linux upgrades are possible and, failing that, one can just back up the home directory and copy it "back into" the new OS
Facebook REALLY, REALLY, R E A L L Y Does Not Want You to Read This Book
It would be a CRIME to read it
Coming Soon, the Next Chapter About the Crisis of the Open Source Initiative (OSI)
We're far from done
Illuminating Microsoft's Code of Conduct (CoC) Hypocrisy
Oppressor victimhood? Leadership claimed by the worst offenders?
Planet Ubuntu - or Ubuntu Planet - Has an LLM Slop Problem (Called Faizul "Piju" 9M2PJU)
Does investigative reporting have any future at all?
Links 16/03/2025: Handwriting Comeback and "MElon’s Attack on U.S.A.I.D."
Links for the day
Gemini Links 16/03/2025: "Differences Distance" and "Dopamine-addicted Pigeon"
Links for the day
Expect GNU/Linux to Rise Sharply in China
But Red China won't trust Red Hat (IBM), which works for the Pentagon and keeps the "secret sauce" for its OS secret (just what Americans accused China of doing with its distros)
Links 16/03/2025: American Press Under Attack, "France Offers to Take in US Scientists"
Links for the day
Gemini Links 16/03/2025: Threats to Canada and How to Process News Online
Links for the day
Links 16/03/2025: Growing Tariff Hostilities and Social Media Surveillance
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 15, 2025
IRC logs for Saturday, March 15, 2025