Bonum Certa Men Certa

When Self-Proclaimed 'Linux Companies' Turn to Software Patents, Just Like Apple and Microsoft

Hot-cold dial



Summary: An assorted analysis of patent news with emphasis on the proprietary lobby and its impact when it comes to software freedom

NOVELL loves its software patents and believes that more are needed. Here is the latest addition based on Utah's press:

System and method for codifying security concerns into a user interface, patent No. 7,831,840, invented by Robert Love of Cambridge, Mass., and Nat Friedman of Boston, assigned to Novell Inc. of Provo.


Robert Love and Nat Friedman, eh? Well, Friedman has already left Novell. Robert Love left Novell, then joined Google in 2007 and we hope that Google stops its bad habit of collecting software/algorithm monopolies (Love's patent was probably filed just for Novell).

Meanwhile, Novell's friends from Redmond patent foot interface (having previously explored 'stomping' on SPAM, which Microsoft Windows zombies spew out). Microsoft boosters have the details:

Microsoft's research into a "foot-based user interface" seemed somewhat novel in 2006, when I first wrote about the project. Now that the company has released its Kinect full-body motion control system for the Xbox 360, the idea of controlling a machine with your feet seems like only part of the picture.

But the wheels of the intellectual property system grind slowly, and the Redmond company won a patent on the concept just this week -- under the title of "Foot-based interface for interacting with a computer."


This just shows that Microsoft is desperate for PR and something profitable as it becomes more of a patent troll. This so-called 'research' is just patent farming and PR, as noted by some good journalists. The ideas which come out of it hardly make up good products. Take Surface for example. The Surface will quite likely die soon, says even a Microsoft booster [1, 2, 3], Matt Rosoff.

Microsoft is going to fit well among the trolls. Not so long ago it paid the patent troll Uniloc [1, 2, 3, 4, 5, 6, 7, 8, 9, 10], which is now suing a major section of the industry -- a considerably high number of companies (while claiming not to be a patent troll):

On Monday, Uniloc sued 19 software companies in federal district court in Tyler, Tx., alleging that the defendants' products infringe Uniloc's primary patent, U.S. Patent No. 5,490,216. It's quite a powerful patent, '216. As we reported in September, Uniloc has already sued dozens and dozens of other companies for allegedly infringing the patent, which covers a license validation procedure known as "software activation." (The technology requires users to unlock authorized copies of software with a digital key.)

By our count, the latest Uniloc suit brings the grand total of companies it has targeted in '216 infringement claims to 92. Think about that: 92 defendants! (They include big names like Sony and McAfee as well as lots of smaller software firms.)

The company's sue-'em-all strategy met with spectacular, if short-lived, success last April, when Uniloc won a $388 million verdict against Microsoft in Rhode Island federal district court for infringement of the '216 patent. At the time, Uniloc's lawyers at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo crowed that the verdict was the fifth-largest in patent law history. But the victory didn't hold up: The trial judge granted a post-trial motion by Microsoft's lawyers at Fish & Richardson and vacated the award just five months later. Uniloc hasn't given up on vindication in the Microsoft case: It is currently awaiting a ruling on an appeal to U.S. Court of Appeal for the Federal Circuit, which heard arguments on Sept. 7.


Here is a screen snapshot of the Uniloc Web site:

Uniloc Web page



Outrageously enough, "MIT's Tech Review Comes Out In Favor Of Patent Trolls," claims TechDirt:

Reader David Carter sends in this bizarrely uninformed column by Christopher Mims at the MIT Tech review, praising patent trolls and calling them "the secret heroes of the tech world." Carter notes that when he first read the article he thought it was satire. I can see why he thought that as well, but it appears to be serious.


In other news about patents, watch hard-drive makers getting hit in a major way by patents [1, 2]. And let's pay attention to this new Canonical deal with Centrify, which is a software patents proponent and Microsoft ally [1, 2, 3, 4, 5]. Not only Microsoft is a noteworthy patent threat to GNU/Linux anymore. Apple too is suing Linux and Dana Blankenhorn accepts the possibility that we wrote about yesterday, namely that Apple has something to do with Oracle's lawsuit against Android. Blankenhorn writes about Apple quite harshly, with paragraphs like the following: "Apple has never had any interest in the open source community. It’s a nuisance, a bunch of so-called idealists who copy its ideas and prevent it from gaining the monopoly rents it feels its innovation deserves."

It takes a lot of Kool-Aid to believe that Apple cares about software freedom and Nick Bilton spoke to Tim Wu (Columbia law professor) a few days ago, only to confirm that Apple's threat to freedom mustn't be underestimated. From the interview:

Tim Wu, the Columbia law professor who came up with the term “net neutrality” in a research paper, has just written a new book, “The Master Switch: The Rise and Fall of Information Empires,” published by Knopf.

[...]

Which companies do you fear the most?

Right now, I’d have to say Apple.

What about Facebook?

I think Facebook is looking for a mentor, they are looking for a role model. Right now it is choosing between Apple and Google in this great war between open and closed. It is possible that whatever side Facebook takes will have a lot to do with the future of how we communicate.

What worries you about Apple?

As I discuss in the book, Steve Jobs has the charisma, vision and instincts of every great information emperor. The man who helped create the personal computer 40 years ago is probably the leading candidate to help exterminate it. His vision has an undeniable appeal, but he wants too much control.


Apple is now said to be worth more than Microsoft. It is also more restrictive in many areas. As micu (at Identi.ca) put it yesterday, "fascist company Apple blocks Blueray from coming to Mac to sell more HD videos on iTunes. MS strikes back" (yes, even Microsoft is not as bad sometimes). Both companies currently resort to software patents as means of defending a territory and as we'll explain in a later post, the only real solution is ending software patents.

Recent Techrights' Posts

Alyssa Rosenzweig's LibrePlanet Talk About Freeing the Apple GPU
Alyssa Rosenzweig is the graphics witch behind the reverse-engineered drivers for the Apple GPU. She previously led Panfrost, the free drivers for Arm Mali GPUs powering devices like the Pinebook Pro. She graduated in 2023 with a Computer Science degree from the University of Toronto and now writes free software full-time.
Links 30/06/2024: LLMs Under Fire and Dictatorship of the Old
Links for the day
[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
Wikileaks' Julian Assange: Exposing the US Military Crimes
20 Years Passed, Let's Go Even Faster Now
We are hoping to bring more original stories
Windows Lost Almost 92% Market Share in Egypt
From over 99% to just over 7%
 
Getting Rid of Microsoft Does Not Go Far Enough
Microsoft already has many problems. One day Microsoft won't exist anymore. But that does not guarantee users' freedom.
Destination 'Five Percent'
We reckon GNU/Linux can break the 5% barrier some time by the end of this year, even without counting Chromebooks
A Crisis of Online Journalism
Almost a week ago a journalist was forced to plead guilty for an act of journalism
Germany One of Many Countries Where Microsoft's Bing Lost Market Share After All That LLM Nonsense (Bing Chat and Further Rebrands/Renames)
openai.com traffic plunged 60% last month
Microsoft’s Latest Antitrust Scrutiny
4 new stories
Microsoft Layoffs, Mass Plagiarism, and More
outrage included
GNU/Linux Climbed 0.25% This Month (in statCounter)
Around midday on Tuesday we'll start seeing preliminary data for July
Ilya Gulko Introduces Pollyanna
"Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
looking to raise funds at the same time as the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 29, 2024
IRC logs for Saturday, June 29, 2024
Links 29/06/2024: Astronauts at Risk, Ukraine Updates
Links for the day
Fedora and Red Hat Leftovers
mostly redhat.com
Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
Notice the title and the image, what's being promoted etc.
Seychelles: GNU/Linux Doing OK
Seychelles cannot be considered poor
Gemini Protocol Isn't Even Remotely "Dead"
"Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
About 10 New Free Software Foundation (FSF) Members Per Day
The total changed from 46 to 47 while typing the article
Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
This is not happening only in Germany
Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
It uses buzzwords where none are needed
[Meme] Garbage In, Garbage Out (linuxsecurity.com)
It is neither Linux nor security, just chatbot-generated slop
Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
linuxsecurity.com became an anti-Linux spam site
Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
retaliatory layoffs at Microsoft
Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
Links for the day
In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
Not even counting Chromebooks
LibrePlanet: Cultivating Backups (of Recordings)
an appeal to recover some of these talks
Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
Taking full history into account, this is a decrease of over 90% in some cases
Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
"the "smiling faces" behind it."
Android at 90% or More in Chad
Windows below 2%
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
Julian Assange's life inside the Ecuadorian embassy
Neil Plotnick on GNU/Linux in the High School Classroom
uploaded to the LibrePlanet instance of MediaGoblin
Asia Appears to be Fastest to Adopt GNU/Linux
the home of a considerable majority of the world's population
Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
in spite of technical difficulties encountered while recording
What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 28, 2024
IRC logs for Friday, June 28, 2024
Links 28/06/2024: Kangaroo Courts and Patents Spam, EFF Still Fighting for CPC's TikTok (a Digital Weapon)
Links for the day
Links 28/06/2024: Overton window and Polarization
Links for the day
[Meme] In 50 Years...
Microsoft's Vista 11 will take 50 years to be fully adopted
Only About 1 in 8 Russian Windows Users is Using Vista 11
it looks like over the past 12 months Vista 11 hardly grew and it remains very low at around 12% of Windows usage in Russia
Links 28/06/2024: More Attacks on the Press, More Censorship in Russia
Links for the day
Gemini Links 28/06/2024: Christmas Prematurely, Self-hosting
Links for the day
IBM: So Long, Suckers. Your Free OS is Now Proprietary. Pay IBM or Else.
almost exactly a year after turning RHEL into proprietary software
Vista 11 is Doomed and Despite Lack of Adoption Microsoft Already Speaks of Vapourware ("12")
"Microsoft has pulled a Windows 11 update after users reported boot loops and startup failures."
ChromeOS Reaches Highest Share in Years at the World's Most Populous Nation, Windows Now at All-Time Low of 13%
We're talking about India today
[Video] "It Is Incredible That Julian Assange Survives"
There was a positive and mutual relationship between Wikileaks and Dr Jill Stein
Never Assume That Because the Law Exists the Powerful Will Follow the Law
Who's going to hold them accountable now?
Nearly a Month Has Passed and Nobody at the Debian Project Even Attempted to Explain What Seems Like Back-dooring of Debian (and Hundreds of Distros That Are Debian-Derived)
I can cynically guess that only matters when a user with a Chinese name does it
[Video] Julian Assange Explains Wikileaks' Logistics
predating indefinite detention
IBM Was Never the "Good Guy", Just a Self-Serving and Opportunistic Money- and Power-Hungry Monopolist, Living Off of Taxpayers' Money (Government Contracts)
The Nazi Party of Germany was its second-biggest client at one point and now it's looking to profit from the work of slaves
"I Hated Working at IBM. They Were the Most Unfriendly People."
Don't forget what Watson the son did to a poor woman on a plane
State of the News (and Depletion of Journalism Online, Not Just Offline)
Newspapers are not coming back and the Web is not coming back either
GNU/Linux Consolidates in North America
Android rising a lot this year, too
[Meme] More Monopolies Granted While Patent Examiners Die (Overworking for Less Compensation)
Work more; Get less
Staff Union of the EPO (SUEPO) is Taking the New Pension Scheme (NPS) to an International Tribunal (ILOAT)
SUEPO wants more EPO staff to participate in collective action
Stella Assange and the Legal Team Speak to the Media a Day After WikiLeaks Founder Julian Assange Arrives in Australia
Published yesterday by a number of mainstream publishers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 27, 2024
IRC logs for Thursday, June 27, 2024
RIP Daniel Bristot de Oliveira, Red Hat death
Reprinted with permission from Daniel Pocock