Bonum Certa Men Certa

Patents Roundup: Amazon, Centrify, Microsoft, TecSec, and Bilski



Summary: This is a set of news links about patents and their injustices

Looking out for Bilski: software patents v. FOSS (see our Bilski index)

This period also saw the rise of FOSS as a threat to monopolistic proprietary software companies. The rule of required sharing of computer program source code in FOSS, and creation of a “protected commons” for the free exchange of ideas embodied in program source code eliminated the need for patents. “Copyleft” sharing, under the GNU General Public License (“GPL”) and similar licenses, helped firms to increase their levels of investment in cooperative production, and to exchange ideas, secure in the knowledge that those investments would not be appropriated by others claiming exclusive rights.

But companies in the business of acquiring patents merely to license or sue parties refusing to pay for a license, called “patent trolls,” also sprang up in great numbers. They imposed license fees that FOSS projects could not afford under terms that unacceptably conflicted with FOSS licenses. They exploited companies' willingness to pay license fees for patent claims of questionable validity, in order to avoid the high costs of patent litigation.

Usually, these trolls prefer to bite deep-pocketed businesses and not small FOSS distributors, much less non-profit communities of programmers. Proprietary software giants charge their customers high prices, in effect collecting in advance any patent royalties they may be required to pay to trolls. Thus, patent rent is included in the cost of proprietary products: Microsoft and similar companies may sting from reduction of their profits, but their users have been stung in advance. Moreover, cross-licensing works well for them, as they have or can build a portfolio of patents with which to buy others' claims without using money. But the same approach is not available to FOSS communities, which in general do not seek patents; their users thus risk ending up as casualties in the war.


ITC Becomes Battleground in Nokia-Apple Patent Dispute (more on the ITC's embargoes right here)

The United States International Trade Commission (ITC) has agreed to investigate Apple's patent claims against Nokia, after already agreeing last month to do the same for Nokia's patent claims against Apple. With dueling lawsuits pending in federal court over the patent disputes, the ITC has become the battlefield du jour.


USPTO's 1-Click Indecisiveness Enters 5th Year (FFII's president shares this link which he says contains "Amazon testimony in front of Congress on 1-click patent, software patents and patent trolls")

theodp writes "When it comes to Amazon CEO Jeff Bezos' 1-Click patent, the USPTO is an agency that just can't say no. Or yes. It's now been 4+ years since actor Peter Calveley submitted prior art that triggered a USPTO reexamination of the 1-Click patent. Still no 'final answer' from the USPTO, although an Examiner recently issued yet another Final Rejection of 1-Click related claims (pdf), admonishing Amazon for making him 'sift through hundreds of submitted references to identify what applicant allegedly has already submitted,' which he complained is 'adding an undue burden' to his workload. Looks like Bezos' 2000 pledge of 'less work for the overworked Patent and Trademark Office' isn't working out so well in practice. Not too surprising — after all, Amazon did inform Congress that it 'has modified its specific [patent] reform proposals from the year 2000.'"


Centrify Suite 2010 Expands Ability to Ensure Higher Levels of Trust, Control and Compliance in the Data Center [1, 2] (more on the latest from Centrify, which is putting Microsoft patents in GNU/Linux)

Pfizer, Microsoft, Viacom: Intellectual Property

Microsoft Corp., the world’s largest software company, received a patent for a method of encoding and transmitting network data over a satellite network.

According to patent 7,644,092, one of 4,484 U.S. patents issued yesterday, the technology would enable Internet protocol data packets of variable length to be encoded and sent through a fixed-length multi-packet transport system.


Nazomi sues Amazon, Microsoft, Nokia over Java

California-based Nazomi late yesterday sued several tech firms, including Amazon, Microsoft and Nokia, for allegedly violating patents it owns on translating Java code to specific devices. Filed in a Los Angeles court, the lawsuit complains that the three main firms as well as Garmin, Iomega, Sling, Vizio and Western Digital all have devices that supposedly copy its techniques. These include the Kindle and Zune as well as less common devices like the Slingbox or Nokia's tablet computers.


Nokia, Microsoft, Amazon Sued on Translation Patents (Microsoft faces patent-related legal action from over 50 directions, including Emblaze)

Nokia Corp., Microsoft Corp., and Amazon.com Inc. were sued by a closely held company which claims they used two patents used for translating Java code for specific computers.

Nazomi Communications Inc. claims in the suit, filed yesterday in federal court in Los Angeles, that each of the companies sells consumer electronics that infringe its patents. The suit is seeking an order stopping the infringement and unspecified damages.


Cognition In Licensing Deal With Microsoft

The firm--which is headed by Scott Jarus--said it has licensed some of its proprietary semantic technologies to Microsoft Corp.


TecSec Aims Suits at IBM, Cisco, eBay (covered the other day, as the situation is akin to that of Eolas [1, 2, 3, 4, 5, 6, 7, 8])

TecSec, a closely held firm near Washington D.C., filed patent suits against IBM, Cisco, Sun Microsystems and a host of other tech companies after recently settling one with Microsoft.


[Expired patents]

People are increasingly filing lawsuits over expired patents. An engineer's claim against Sigma-Aldrich, a chemical company, is the twelfth such claim filed this year in courts covered by Courthouse News. Lawsuits over labels marked with expired patents are not a new cause of action, but the sudden surge in such claims is new.

Harold Josephs sued Sigma-Aldrich in Detroit Federal Court on Tuesday, citing seven chemical products he claims the company falsely labels as patented, though the patents have expired.


Sony seeks 'universal console controller' patent (prior art, anyone?)

It's perhaps a step too far to say that just because Sony has applied for a US patent that covers a "universal game console controller" that it's actually developing one with a view to bringing such a product to market.


Recent Techrights' Posts

Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails
 
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
The Real Threats to Society Include Software Patents and the Corporations That Promote Them
The OIN issue isn't a new one and many recognise this by now
Links 30/04/2024: OpenBSD and Enterprise Cloaking Device
Links for the day
Microsoft Still Owes Over 100 Billion Dollars and It Cannot be Paid Back Using 'Goodwill'
Meanwhile, Microsoft's cash at hand (in the bank) nearly halved in the past year.
[Teaser] Ubuntu Cover-up After Death
Attack the messenger
The Cyber Show Explains What CCTV is About
CCTV does not typically resolve crime
[Video] Ignore Buzzwords and Pay Attention to Attacks on Software Developers
AI in the Machine Learning sense is nothing new
Outline of Themes to Cover in the Coming Weeks
We're accelerating coverage and increasing focus on suppressed topics
[Video] Not Everyone Claiming to Protect the Vulnerable is Being Honest
"Diversity" bursaries aren't always what they seem to be
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market
[Video] Canonical Isn't (No Longer) Serious About Making GNU/Linux Succeed in Desktops/Laptops
Some of the notorious (or "controversial") policies of Canonical have been covered here for years
[Video] What We've Learned About Debian From Emeritus Debian Developer Daniel Pocock
pressure had been put on us (by Debian people and their employer/s) and as a result we did not republish Debian material for a number of years
Bruce Perens & Debian public domain trademark promise
Reprinted with permission from disguised.work
Links 28/04/2024: Shareholders Worry "AI" Hype Brings No Income, Money Down the Drain
Links for the day
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024