Bonum Certa Men Certa

Microsoft Settles With VirnetX After Patent Violations, is i4i Next?

Eyes



Summary: TiVo loses and Microsoft is losing in a major way after violations that it sometimes willfully commits; Microsoft's patent attack on Android revisited

SEVERAL months ago Microsoft sued TiVo for patent infringement (TiVo is known for its use of Linux) after TiVo had resorted to patent aggression. According to Reuters, TiVo has just suffered a setback which TechDirt explains by saying that "Appeals Court Vacates TiVo's Big Patent Win Over Echostar":



Shares of TiVo fell as much as 42 percent on Friday after an appeals court set aside the company's win in a patent battle over digital video recorders with rivals Dish and EchoStar.


 

TiVo's lawsuit against EchoStar for patent infringement has been a mostly one-sided affair. TiVo appeared to win at every turn, to the point that there were stories suggesting EchoStar would have to start blocking the use of its own DVR. TiVo had celebrated these victories by suing others as well, and demanding ridiculous sums of money from EchoStar. Of course, it seemed odd to us that, while all of this was happening, the US Patent Office was admitting the patents might not be valid. Oops.


The more relevant news (to us) is probably about Microsoft though. Microsoft has just agreed to pay $200 million to settle its case with/against VirnetX.

"There's a quote in Comes about MS don't license other people's patents," told us a reader who mailed us with the latest news about VirnetX [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11].

Microsoft Corp will pay $200 million to VirnetX Holding Corp and obtain a patent license to settle litigation accusing it of infringing two patents for communicating over the Internet.


As we mentioned the other day, there are important developments in another patent case. Here is the press release about I4i vs Microsoft and a lot of coverage from Microsoft sites, the 'Microsoft press', and a variety of other sources with a lesser or greater degree of interest in Microsoft [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. The Register summarises it as follows:

Microsoft's request to have the patent claim it brought against Canadian software maker i4i examined has been thrown out by the US Patent and Trademark Office (USPTO).

i4i said it was pleased that all the claims of US patent number 5,787,449 that belong to the company came out unscathed following a re-examination called for by Microsoft.


i4i has already told the British press that it would not settle with Microsoft. Will it change its mind? Was it playing hard to get? Microsoft sure does settle.

Again we emphasise that Microsoft is not the victim because it probably suffocates rivals to make billions of dollars using software patents (or the SCO case), which should not exist in the first place. Microsoft's latest Linux-using victim is HTC (it was reported as a settlement, as opposed to an agreement). "HTC Will Pay Royalty To Microsoft For Using Android," says this newer article.

The operating system of Microsoft is Windows. The license to use Windows on their cell phones many mobile manufacturers are being given the licence by Microsoft. Microsoft did not reveal what would be the amount of royalties that HTC is going to pay.


One prominent blogger asks, "Does Android Have a Target on its Back?"

Android is the hot smartphone platform currently, and that means the competition has it squarely in its sights. Apple fired the first salvo with its patent infringement claims against HTC. HTC is the largest maker of Android phones, so the suit is a shot across the bow of Android. Then we had HTC sign a deal with Microsoft that gives the handset maker protection over potential infringement of Redmond’s intellectual property (IP) for all Android handsets sold. No matter what you think about Apple’s claims, the HTC deal with Microsoft may have the biggest long-term impact on Android.


We will write about Apple's case again HTC a little later. Basically, Linux/Android is doing very well, so all that Microsoft and Apple have left is litigation and intimidation (to settle without litigation).

Just how well is the Linux-based Android doing? We wrote about it in the morning (twice even [1, 2]). Watch how the 'Microsoft press' belittles it somewhat using NPD figures (there is a Microsoft connection). The following numbers are US-only, but the Microsoft sources do not state this. Moreover, they quote former Microsoft employee and current shill Michael Gartenberg without disclosure [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12].

The open source Android smartphhone market just hit a milestone of sorts: it surpassed the iPhone in popularity, moving into the second overall spot behind industry leader RIM OS (BlackBerry).


NPD numbers are worthless. The numbers worth paying attetion to are based on whole numbers as opposed to US-only extrapolation from friends of Microsoft, reported poorly with quotes from Microsoft boosters who receive money from Microsoft. That's the sort of media corruption that we mentioned earlier today.

Recent Techrights' Posts

[Meme] Security is Not a Failure to Boot (or Illusion of Security Due to 'Unknown' System)
Red Hat is largely responsible for this mess
What is Secure Boot?
Security means the user feels safe and secure - i.e. confident that the machine would continue to work following a reboot or a system upgrade (or kernel upgrade)
Links 27/05/2024: Chatbots Generate Hateful Output, TPM Performance Scrutinised
Links for the day
David Heinemeier Hansson (DHH) Realises What He Should Have Decades Ago
seeing that DHH is moving away from Apple is kind of a big deal
 
StatCounter (or statCounter) Has Mostly Recovered From a Day's Downtime (Malfunction)
Some of the material we've published based on the statCounter datasets truly annoys Microsofters
Google: We Don't Have Source Diversity, But We Have Chatbot Spew in Place of Sources (and It's Not Even Accurate)
Search engines and news search never looked this bad...
StatCounter (or statCounter) Has Been Broken for Nearly 24 Hours. Who Benefits? Microsoft.
StatCounter is broken right now and has been broken for nearly 24 hours already
Reinvigorating the Voice of GNU/Linux Users (Not Companies Whose Chiefs Don't Even Use GNU/Linux!)
Scott Ruecker has just announced his return
"Tech" in the Context of Even Bigger Issues
"Tech" (or technology) activism is important; but there's a bigger picture
A Decade of In-Depth Coverage of Corruption at the European Patent Office (EPO)
The world needs transparency and sunlight
Delayed Series About Dr. Richard Stallman
A lot of the attacks on him boil down to petty things
Hopefully Not Sunset for StatCounter
We hope that StatCounter will be back soon.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 26, 2024
IRC logs for Sunday, May 26, 2024
Links 27/05/2024: Self-Publishing, Patent Monopolies, and Armed Conflicts
Links for the day
Gemini Links 27/05/2024: Tethering Connection and PFAs
Links for the day
Imagine Canada Enabling Rapists to Harass Their (Rape) Victims
This analogy is applicable because abusers are empowered against the abused
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting My Old "Tweets"
This was basically an act of vandalism no better and no worse than UEFI restricted boot
Links 26/05/2024: Google 'Search' Morphing Into Disinformation Factory, Discussion of Maze of the Prison Industrial Complex
Links for the day
In the Pacific (Mostly Islands Around Oceania) GNU/Linux Grew a Lot
Microsoft cannot compete fairly
A Toast to Tux Machines
Food ready for the party, no photos yet...
IBM/Red Hat Failing to Meet Its WARN Obligations in NC (STATE OF NORTH CAROLINA), or Perhaps It's Constantly Delaying the Layoffs
IBM isn't named even once
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 25, 2024
IRC logs for Saturday, May 25, 2024
GNU/Linux in Greenland
The sharp increases for GNU/Linux started last summer
The Sheer Absurdity of the EPO's Career System Explained by EPO Staff
"Staff representation has previously pointed this out to management, and the career system has been the reason for several industrial actions and litigation cases initiated by SUEPO."
[Meme] Productivity Champ Nellie Simon: It Takes Me 3+ Weeks to Write 6 Paragraphs
Congrats to Nellie Simon!
It Took EPO Management 3+ Weeks to Respond to a Letter About an Urgent Problem (Defunding of EPO Staff)
The funny thing about it is that Nellie Simon expects examiners to work day and night (which is illegal) while she herself takes 3+ weeks to write a 1-page letter
Staff Union of the EPO (SUEPO) in The Hague Taking Action to Rectify Cuts to Families of Workers
they "are active in challenging this measure via the legal system"
Links 25/05/2024: Microsoft Adds More DRM (Screenshot Blocking), Another Microsoft Outage Takes Down Everything
Links for the day
Gemini Links 25/05/2024: "Bill Smugs" and OpenBSD Mirror Over Tor / I2P
Links for the day
Microsoft #1 in Gaming Layoffs, Laid Off Workers Receive Another Insult From Microsoft
Many of them never chose to work for Microsoft
In New Caledonia Windows is Now Below 30% (It Used to be Over 90%)
Microsoft's Windows absolutely collapsing and the measures are relatively stable
Forget About India's and Pakistan's Nuclear Weapons and Armament Race, They Need to Abscond Windows and Microsoft (Security Swiss Cheese)
Both countries would be wise to remove Windows as soon as possible, irrespective of the local party politics
statCounter: GNU/Linux Rose From 0.2% to Over 3% in Pakistan
GNU/Linux "proper" (i.e. not ChromeOS) has the lion's share
Red tape: farmer concerns eerily similar to Debian suicide cluster deaths
Reprinted with permission from Daniel Pocock
Galway street artists support social media concerns
Reprinted with permission from Daniel Pocock
Links 25/05/2024: Section 230 and Right of Publicity Violations by Microsoft (Which Attacks Performance Artists)
Links for the day
[Meme] No Microsoft
For fun!
Microsoft Windows Falls to New Lows in Poland
It may mean people delete Windows from relatively new PC
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: An Introduction
The campaign of coercion (or worse) started in 2021
The "D" in Debian Stands for Dictatorship That Extends to Censorship at DNS Level
Of course the registrar, which charged for domains until 2025, just went along with it
Cybersecurity and Infrastructure Security Agency (CISA) Getting Stacked by Microsoft
it lets Microsoft write policies
The Parasitic Nature of Microsoft Contracts
Stop feeding the beast
Gemini Links 25/05/2024: Emacs Windows 2000 Screenshots and Little Languages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 24, 2024
IRC logs for Friday, May 24, 2024