Bonum Certa Men Certa

Software Patents Slammed; Microsoft Brought Up in Lodsys Case

Lecture



Summary: Some patent news and a special surprise from Microsoft

THE SIMPLE fact is that "Most Innovations in Most Fields Are Not Patented," says this new post from the Against Monopoly Web site, linking to this page which says "AEI held a session on patents and patent reform building off Launching the Innovation Renaissance. I opened and Judge Paul Michel, Chief Judge, United States Court of Appeals for the Federal Circuit (retired), James DeLong of the Convergence Law Institute and Michael Abramowicz of George Washington University School of Law all offered comments."



Simon Phipps, writing in an article from InfoWorld, explains why software patents are evil:

No programmer I've ever met refers to software patents, for two reasons. First, they aren't written for programmers to learn from -- they're written for patent lawyers to sue against. You'll find software patent filings contain no sample code and few technical descriptions. When I worked at IBM, I asked a patent lawyer at the company what was needed to file a patent. I was told "a rough idea -- we can fill in the details for you -- and then all the ways you can think of by which we could tell if someone else is using that idea."


Over at Groklaw, more Microsoft-Lodsys connections are shown, in addition to the Intellectual Ventures connections that we know about. Pamela Jones writes about this software patents case:

Well, well, what have we here? Yet another Lodsys case, a new one. Same stupid patents, same M.O., though. But here's a new element, the latest target, Ryonet, filed its complaint for declaratory judgment [PDF] in Washington State, on March 8, and here's why Ryonet thinks that's the right place:
18. Plaintiff is informed and believes and on that basis alleges that, Lodsys agents and/or employees executives have made numerous trips to the State of Washington related to the Asserted Patents, and for licensing negotiations with Washington based companies including Microsoft Corporation, Smilebox, Inc. and Photobucket Corporation (formally Photobucket, Inc.) among others, and potentially Intellectual Ventures.

19. Plaintiff is informed and believes and on that basis alleges that Lodsys has engaged in, and continues to engage in, substantial licensing and other relationship, contracts, and financing in the State of Washington and with residents of the State of Washington.

20. Plaintiff is informed and believes and on that basis alleges that Lodsys conducts business and engages in contracts and other substantive contact in the State of Washington, and by such extensive conduct, resides in the State of Washington.
Are there any hideous patent lawsuits any more where Microsoft isn't in the shadows somewhere? Ever since the SCO saga began, that's where I look first, personally. It was Microsoft which entered into a licensing arrangement with SCO if you recall, for copyrights and patents, paying millions which enabled SCO to sue the world and its dog, despite SCO having no UNIX patents or any copyrights either, as it turned out. Talk about your easy money, or your lack of due diligence, or maybe a nonchalance because it was never about copyrights or patents in the first place. So, if Microsoft turns out to be a licensee, when did it license from Lodsys, I can't help but wonder?


Microsoft works in mysterious ways. Often enough it also works by proxy.

Recent Techrights' Posts

Security Isn't the Goal of Today's Software and Hardware Products
Any newly-added layer represents more attack surface
Godot 4.2 is Approaching, But After What Happened to Unity All Game Developers Should be Careful
We hope Unity will burn in a massive fire and, as for Godot, we hope it'll get rid of Microsoft
Purge of Software Freedom and Its Voices
Reprinted with permission from Ryan Farmer
 
Links 25/09/2023: Patent News and Coding
some remaining links for today
Steam Deck is Mostly Good in the Sense That It Weakens Microsoft's Dominance (Windows)
The Steam Deck is mostly a DRM appliance
SUSE is Just Another Black Cat Working for Proprietary Giants/Monopolies
SUSE's relationship with firms such as these generally means that SUSE works for authority, not for community, and when it comes to cryptography it just follows guidelines from the US government
IBM is Selling Complexity, Not GNU/Linux
It's not about the clients, it's about money
Birthday of Techrights in 6 Weeks (Tux Machines and Techrights Reach Combined Age of 40 in 2025)
We've already begun the migration to static
Linux Foundation: We Came, We Saw, We Plundered
Linux Foundation staff uses neither Linux nor Open Source. They're essentially using, exploiting, piggybacking goodwill gestures (altruism of volunteers) while paying themselves 6-figure salaries.
Linux Too Big to Be Properly Maintained When There's an Incentive to Sell More and More Things (Complexity and Narrow Support Window)
They want your money, not your peace of mind. That's a problem.
Modern Web Means Proprietary Trash
Mozilla is financially beholden to Google and thus we cannot expect any pushback or for Firefox to "reclaims the Web" a second time around
GNU/Linux Has Conquered the World, But Users' Freedom Has Not (Impediments Remain in Hardware)
Installing one's system of choice on a device is very hard, sometimes impossible
Another Copyright Lawsuit Against Microsoft (or its Proxy) for Misuse of Large Works by Chatbot
Some people mocked us for saying this day would come; chatbots are a huge disappointment and they're on very shaky legal ground
Privacy is Not a Crime, Reporting Hidden Facts Is Not a Crime Either
the powerful companies/governments/societies get to know everything about everybody, but if anyone out there discovers or shares dark secrets about those powerful companies/governments/societies, that's a "crime"
United Workforce Always Better for the Workers
In the case of technology, it is possible that a lack of collective action is because of relatively high salaries and less physically-demanding jobs
GNOME and GTK Taking Freedom Away From Users
Reprinted with permission from Ryan Farmer
GNOME is Worse Today (in 2023) Than When I Did GTK Development 20+ Years Ago
To me it seems like GNOME is moving backward, not forward, mostly removing features and functionality rather than adding any
HowTos Are Moving to Tux Machines
HowTos (or howtos) are very important in their own right, but they can easily distract from the news and howtos are usually quite timeless or time-insensitive
Proprietary Panda: Don't Be Misled by the Innocent Looks of Ubuntu (and Microsoft Canonical)
Given the number of disgruntled employees who leave Canonical and given Ubuntu's trend of just copying whatever IBM does in Fedora, is there still a good reason to choose Ubuntu?
Debian GNU/Linux is a Fine Operating System, But What if People Die Making It for Somebody's Corporate/Personal Gain?
Will companies that exploited unpaid volunteers ever be held accountable for loss of life, caused by burnout, excessive work, or poverty?
Links 24/09/2023: 5 Days' Worth of News (Catchup)
Links for the day
Leftover Links 24/09/2023: Russia, COVID, and More
Links for the day
Forty Years of GNU and the Free Software Movement
by FSF
Gemini and Web in Tandem
We're already learning, over IRC, that out new site is fully compatible with simple command line- and ncurses-based Web browsers. Failing that, there's Gemini.
Red Hat Pretends to Have "Community Commitment to Open Source" While Scuttling the Fedora Community (Among Others)
RHEL is becoming more proprietary over time and community seems to boil down to unpaid volunteers (at least that's how IBM see the "community")
IBM Neglecting Users of GNU/Linux on Laptops and Desktops
Reprinted with permission from Ryan Farmer
Personal Identification on the 'Modern' Net
Reprinted with permission from Ryan Farmer
Not Your Daily Driver: Don't Build With Rust or Adopt Rust-based Software If You Value Long-Term Reliance
Rust is a whole bunch of hype.
The Future of the Web is Not the Web
The supposedly "modern" stuff ought to occupy some other protocol, maybe "app://"
YouTube Has Just Become Even More Sinister
The way Google has been treating the Web (and Web browsers) sheds a clue about future plans and prospects
Initial Announcement of GNU (for Gnu's Not Unix) on September 27, 1983
History matters
Upgrade and Migration Status
Git is working, IPFS is working, IRC is working, Gemini is working
Yesterday in the 'Sister Site', Tux Machines (10 More Stories)
Scope-wise, many stories fit neatly into both sites, but posting the same twice makes no sense logistically
The New Techrights Will be Much Faster
A prompt response to FUD is important. It's time-sensitive.
Slanderous Media Campaigns Trying to Link Linux to 'Backdoors'
Backdoors are typically things that exist by design or get added intentionally (ask Microsoft!), but when it comes to "Linux" in the media the rules are different
The Spamification of GNU/Linux News Sites (or the Web as a Whole) and Why It's Time to Move on, Writing More Stories and Analysis
If you are an enthusiastic Free software user, consider setting up a blog or GemLog (Gemini log)
Techrights is Upgrading
Over the next few days Techrights will be archiving over 40,000 older pages
YouTube Was Never Free Hosting and It Turns Hard-Working People Into Hostages
An accusation, with presumed guilt, seems sufficient for some
The Right to Strike Underutilised by Workers in the Technology Sector
Geeks need to learn how to strike, too.
Welcome to the New Techrights
Looking ahead, we'll probably produce more stories than before because lessening the underlying complexity lets us focus on substance
A Short History of Content Management Systems or Data Shuffles in Boycott Novell and Techrights
In 2006 the site was 'purely' WordPress
GNU Turns 40 This Coming Week
4 decades of "4 Freedoms" show the world that the original definition withstood the test of time