Bonum Certa Men Certa

Patents Roundup: Patent Lawyers, USPTO 'Thieves', Apple, and Microsoft

A bootleg video recording



Summary: A variety of this week's news about patents, including some from Apple and Microsoft

MORE people are becoming aware of the problems with software patents, which nonetheless percolate into new statements, press releases, and other items that we find in the news. The reputation of patents seems to have declined and facilitators of the patent system are becoming somewhat of a laughing stock.



We particularly liked this new example from Blackboard, which for PR purposes claims to be embracing Open Content that is easy to do when one's code is proprietary and patents encumbered. To quote:

Blackboard.com, which offers “learning management systems,” became a big deal at a time when many schools were still learning how to put teaching in the cloud. Critics called for a boycott of Blackboard in 2006 after it used a flimsy software patent to sue a rival, and raised fears that it would sue universities that were using their own teaching software tools rather than Blackboard’s products. The controversy abated in 2009, however, when a court found that the patent claims were invalid.


Many software patents are invalid in principle (prior art and triviality), but it costs a lot of money for a defendant to challenge them because the process and the system are broken, favouring the claimant (in court) and the applicant (in the patent monopolies office). Look no further than this article from a Mac site. It ridicules Apple's own patents, which given the site's bias is saying a lot. To quote the diversion (blaming the system rather than Apple):

Slide to Unlock? Patented



[...]

It’s a bit silly, really, but blame it on the patent system. Be that as it may, nobody now gets to use the popular ‘Slide to Unlock’ without infringing on Apple’s patent unless a court rules it is invalid or prior art. Here’s a video of the 2004-5 Neonode N1m, showing a similar Slide to Unlock that existed before the iPhone (4 minutes in):


We've all seen it before. There are more complicated examples which are actually physical and go centuries/millenia back. How could Apple have been granted a monopoly on this? It is an insult to Apple and to the USPTO. Any little kid could independently come up with the same "idea". A lot of Apple's patents are artsy and outright ridiculous.

Richard Hillesley has a good new article with a dramatic headline and it goes like this:

All patents are theft



If necessity is the mother of invention, patents are its delinquent offspring, providing stumbling blocks to innovation and progress, inhibiting the free exchange of ideas, and restricting our knowledge of how things work…


Patents are of course a restriction and a monopoly. They do not in any way help professionals move science and technology forward.

Over at Muktware there is this new piece about Microsoft's self-defeating fight against Linux/Android:

Microsoft is fast earning the reputation of being a troll instead of an innovator in the mobile space. The company dominated the desktop segment purely on the basis of anti-competitive business practices where they forced all competitors out of the market thus creating a monopoly. That monopoly is collapsing as OS is becoming more and more redundant in the era of Web and mobile computing.

Microsoft’s Windows Phone is a massive failure. Instead of pulling up socks and creating better products the company has resorted to the same old anti-competitive business practices which it used for selling its ‘stolen’, as Steve Jobs said, Windows OS.


"Stolen" and "theft" are propaganda terms in this context. But they can be embraced like the word "piracy" (as in Pirate Party and The Pirate Bay) to challenge and ridicule those who initiated or perpetuated the propaganda, including Steve Jobs.

“We are not on a path to win against Linux”

--Jim Allchin, Microsoft's Platform Group Vice President



Comments

Recent Techrights' Posts

Links 23/05/2024: Apple Responds to Streaming Music Fine, DOJ to Sue Live Nation
Links for the day
Links 23/05/2024: UK General Election and Archival
Links for the day
[Video] 3 Major Issues in Nationwide, Including (Potentially) a Major Data Breach
'electronic-bank' security has become the joke of the town
[Meme] Pointing Out Corruption Isn't a "Hate Crime"
The European Commission's reflexive (re)action to any sort of doubt or criticism
More Evidence in "iLearn AI Day" (a Buzzwords Festival) That EPO Intends to Eliminate Staff and Deviate Further Away from Fairness, Law, and Constitutions (Including Its Own!)
The EPO is a very potent danger to Europe's unity and the very concept of lawfulness. It exists to serve international monopolists and patent lawyers.
Microsoft's Windows Has Fallen Below 3% in Democratic Republic of the Congo (100+ Million Citizens)
Microsoft's sharp fall in Congo
The Real Reason Censorship is Attempted Against Us (and Against Others Too)
Microsoft's Windows market monopoly was in trouble
You Are Not The Only One
Reprinted with permission from Cyber Show (C|S)
GNU/Linux in Monaco: From 0.3% to Almost 6%
Monaco is a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 22, 2024
IRC logs for Wednesday, May 22, 2024
Microsoft Has Lost Cote D'ivoire (Ivory Coast), Where Android Now Exceeds 60% of the Operating Systems' 'Market Share'
According to statCounter anyway
The Rumour Said Later Today Red Hat (IBM) Might Announce Layoffs
Let's see what happens later today (or next week)
Governments That Fail Journalism
Australia is known for giving us pure garbage like Rupert Murdoch
Windows Has Fallen From 'Grace'
When you tell people that Microsoft watches their every move in Windows many of them will freak out and ask for alternatives
Serbia: GNU/Linux at Almost 4% (or Beyond if ChromeOS is Counted)
considerable growth for GNU/Linux
Links 22/05/2024: China in Other Countries' Islands, Growing Threat of Piracy
Links for the day
Gemini Links 22/05/2024: Freedom Through Limitation, Cloud Photos
Links for the day
Canonical Supports Monopoly
more of the same
A farewell to Finland, an occupied territory
Finland, Finland, Finland
Links 22/05/2024: "Copilot+" as Mass Surveillance and Microsoft Defying Consent in Scarlett Johansson's Case
Links for the day
[Meme] Escalating After Failures
4 stages of cancel culture
Red Hat Had 2+ Days to Deny Reports of Impending Layoffs. But Red Hat Chose to Keep Silent.
Red Hat DOES NOT deny layoffs on the way
Microsoft-Connected Person Was Threatening to Sue Me and to Sue My Wife (Because His Feelings Were Hurt After Had He Spent More Than a Decade Defaming Me and Violating My Family's Dignity, Privacy)
litigation was chosen and we shall defend everything we wrote
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 21, 2024
IRC logs for Tuesday, May 21, 2024
Attempts to Sink the Free Software Movement (Under the Guise of Saving It)
We can see who's being drowned
Czech Republic: Windows Down From 98% to 43%, GNU/Linux Rises to Over 3%
modest gains for GNU/Linux
Links 22/05/2024: Pixar Layoffs and More Speculation About Microsoft Shutdowns/Layoffs (Ninja Theory)
Links for the day
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
Gemini Links 21/05/2024: Caesar II for MS-DOS and Reinventing the Assertion Wheel
Links for the day
Internal Memos/Communications Hinting at "a New, But Masked, Round of Layoffs" at Red Hat
A negative outlook heads of a long weekend
Nigeria: Windows Down to 6%, Android at All-Time High of 77%
Google is becoming the "new monopoly" in some places
[Video] Microsoft's Attack on Education
Microsoft's cult-like activities and overt entryism
[Meme] Money In, No Money Out (Granting Loads of Invalid European Patents)
EPO production?
Staff Representation at the EPO Has Just Explained to Heads of Delegations (National Delegates) Why the EPO's Financial Study is Another Hoax
Here we are again 5 years later
Canonical and Red Hat Are Not Competing With Microsoft Anymore
What a shame they hired so many people from Microsoft...
Links 21/05/2024: "Hating Apple Goes Mainstream", Lots of Coverage About Julian Assange Ruling
Links for the day
Gemini Links 21/05/2024: Losing Fats and Modern XMPP
Links for the day
Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024