Bonum Certa Men Certa

Microsoft Dodges Patent Law Again, Moblin and Patents Revisited

Emergency exit



Summary: Microsoft shows that patent law continues to be a single-edged sword hurting the small inventor; what software patents mean to Intel and Moblin

AS we found out some weeks ago, software patents do not apply to Microsoft. The monopolist has so many strings to pull, even in the Australian government as we showed an hour ago. So, it was hardly surprising to see this Australian chap having his verdict against Microsoft overturned.



An Australian inventor, who was set to reap the lion's share of a mammoth $US388 million ($445 million) damages award from Microsoft, is now set to get nothing after the US judge hearing the case decided to ignore the jury's decision and hand victory to Microsoft.


What Microsoft wants Microsoft gets.

This is covered in other places which like Microsoft and Lora Bentley's roundup connects it to the i4i case [1, 2, 3, 4, 5, 6, 7, 8, 9, 10].

A few days ago we wrote about the Obama administration filing an amicus brief regarding Bilski. This administration is generally favourable towards intellectual monopolies and secrecy [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13], but here is Patently-O's short analysis of the impact -- if any -- on software patentability:

Bilski Briefing: Government Argues that Section 101 'Processes' are limited to 'technological and industrial processes.



[...]

Although Bilski's claim does not relate directly to software, the machine-or-transformation could be seen to limit the patentability of software processes acting on a general purpose computer (as opposed to a "particular machine").


It brings us to the next item in this roundup. Earlier on we tried to discover whether Moblin is submissive to Microsoft's software patents routine [1, 2, 3, 4, 5, 6]. We've looked around to unravel Intel's stance on software patents and found only this:

Intel Statement on Software Patents



[..]

Now, to protect and encourage this kind of vast U.S. investment, and I'm referring to both the technical as well as the financial aspects, and, to promote the development of new and improved products, we at Intel believe that software-related technology should continue to be afforded the opportunity to obtain patent protection.


So Intel was in favour of software patents.

When it comes to Moblin, our reader Oiaohm insists that "Intel does not want anything with patent questions. Intel does not want anything disrupting their sales of hardware. Software patents could block their sales... So [this a]ffects Intel's bottom line. Remember Intel does not produce software, so software patents are no advantage to Intel."

The above statement from Intel is very old. "Time has moved a lot for Intel since 1994," writes Oiaohm. "[In] 1993-1994 Intel had a profitable complier business. icc is Intel's [and] Intel is slowly fusing the tech from their complier into gcc. Intel still sells it, but it's not a major profit arm. Basically, if Microsoft provides Silverlight and .NET for Linux in a patent-safe way, Intel would not get in [the] way. Now, the stuff Novell has Intel is not going to touch with a 10-foot pole. Intel is not stupid, they don't want the headaches."

But the main issue remains one of proprietary media, not patents. From the comments in another piece of coverage comes this:

Does Silverlight on Linux matter?



[...]

Are you seriously saying, that when Microsoft is making the field of on-line video more fragmented with one more proprietary format that is aimed at nothing else but give more control to Microsoft, we should applaud the company for doing this? This has nothing to do with choice for the users. If the use of Silverlight spreads wider in the future, the users are guaranteed not to have more choice and control of their computing experience.


Silverlight/Moonlight -- like .NET/Mono -- are not just patent issues, they are issues of control over developers, broadcasters, and users.

Recent Techrights' Posts

Morale at Microsoft Sinking, More Layoffs Expected, Stock Buybacks Blasted
controversial because they should really be illegal
 
When Microsoft Pays a Lot of Money to Reddit, 'Linux' Foundation, and Countless Other Entities
As does Google
A CoC Will Destroy Your Free Software Community and Help Imposers of CoC (Like Microsoft)
Abusers like to disguise censorship (of their abuse) as "manners" or good "conduct"
IBM Likely Breaking Several Laws With Latest 'Secret' Mass Layoffs
Never sign an NDA
Gemini Links 19/09/2024: Emacs Wiki and China, IRC Chatting
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 18, 2024
IRC logs for Wednesday, September 18, 2024
Links 18/09/2024: Web Server Survey Shows Microsoft Down Again, Omkhar Arasaratnam Leaves Microsoft-connected OpenSSF
Links for the day
Links 18/09/2024: Gaming Layoffs and New Openwashing by Linux Foundation
Links for the day
Gemini Links 18/09/2024: Home, Ashram, and Markdoc
Links for the day
[Meme] Think. Positive. Saturate the Media.
IBM: Layoffs? What layoffs?
The Kubecost Acquisition Does Not Show IBM is Rich, It Shows It Wants to Distract From Mass Layoffs Happening This Week (Thousands Laid Off in the Dark)
So-called "news deserts" have become a national and international phenomenon (not local/regional)
IBM Has Been Lobbying for Software Patents, It's Not the Free Software Community's Ally
The ancient company has been lobbying for these patents for decades already
Over Half a Day Later the Media Still Doesn't Cover Thousands of Layoffs at IBM
Not even a single news site bothered to investigate and report this? Not even one?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 17, 2024
IRC logs for Tuesday, September 17, 2024
IBM Befriends and Exploits the Biggest Enemy of Software Freedom (Software Patents)
Software Patents and IBM in Today's News
Many Workers Quietly Leave Microsoft, the Company is Running Out of Money (Too Much Debt and Now Massive Buybacks to Keep the Shares From Collapsing While Hiding Humongous Losses)
I've heard of people who just decided to quit Microsoft. They could not handle the anxiety.
Links 17/09/2024: Volkswagen Layoffs May Exceed 15,000, Sean ‘Diddy’ Combs Arrested
Links for the day
Gemini Links 17/09/2024: Re-framing of Priorities and Journalists
Links for the day
The Linux Foundation is Associating Linux With Scams and With Scam Sites Right Now (Like the Wife of Jim Zemlin Did)
they profit from the sellouts
Mass Layoffs at IBM Today, Just Like Prominent Rumours Said Upfront
past couple of hours
Google's YouTube Already Blocking People Who Block Ads
YouTube feels like it's dying
Links 17/09/2024: More on Microsoft Cuts and XBox Backward Compatibility Issues
Links for the day
IBM is Acting No Better Than Patent Trolls, Preying on Smaller Companies by Suing Them With Software Patents
No Red Hat employee should tolerate this aggression by the employer
Something Has Gone Very Wrong at iTWire
"iTWire has descended into marketing spam"
The Hallmark of a Dying Company Running Low on Money (But Still Trying to Hide That)
Microsoft should look into selling red markers
UEFI 'Secure' Boot Has Put Security at Risk, Suggests New Report
We're vindicated once again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 16, 2024
IRC logs for Monday, September 16, 2024
Links 17/09/2024: China Sanctions and Breadth of Latest Microsoft Layoffs Elaborated Upon
Links for the day
Gemini Links 17/09/2024: Small Improvements in Carbon Capture and Pseudo-Productivity In Java
Links for the day