Bonum Certa Men Certa

Patents Roundup: Microsoft, Embargo, Tax Evasion, Surveillance, and Censorship

All the 'great' things that patent maximalism (insatiable appetite for more and more patents) has given society

Big appetite



Summary: An excess of patents and their overutilisation for purposes other than innovation (or dissemination of knowledge) means that society has much to lose, sometimes more than there is to gain

THE FOLLOWING potpourri of news spans a period of about 2 weeks. It hasn't quite fit into or blended with our usual themes of coverage, but the pertinent developments are noteworthy, at least in brief.



Trolls of Microsoft



In his recent article (behind paywall until recently), entitled "Software patents in the cloud," LWN's Jonathan Corbet missed the full picture and failed to recognise that Azure and patents are a toxic mix similar to the Novell deal (2006), as we explained here a dozen times before, e.g. in [1, 2]. The closest he got to it is this part:

While Microsoft claims that it doesn't normally transfer patents to trolls, this offering could be said to create a sort of moral hazard for the company. If a patent or two were to, somehow, end up in the hands of a troll that started asserting them widely, any customer thinking of leaving Azure would have to weigh the increased risk of attack that would result from such a move.


Microsoft is already passing patents to trolls -- those which it can tame/control. We gave many examples. It's imperative that people familiarise themselves with what Microsoft is up to now. It's as nefarious as ever.

"Microsoft is already passing patents to trolls -- those which it can tame/control."This other new article totally missed the point of what Microsoft is really doing here. Microsoft is extorting legitimate companies. It's essentially attacking Linux-powered products using patents, but the article's headline uses words like "share patents". Hilarious or outrageous?

Age of Embargo



When you cannot compete, as the saying goes, cheat. Or just embargo the competition. Manging IP will tell you how to do it in this event that it's organising. To quote: "Speakers on an International Trade Commission panel at Manging IP’s recent US Patent Forum analysed recent notable cases such as February’s Organik Kimya Federal Circuit decision and gave best practices on enforcing an exclusion order" ("exclusion order" is another euphemism among many for embargo/sanction/injunction).

"When you cannot compete, as the saying goes, cheat."There is a new example of this in the news. It was covered a week ago by American and British media [1, 2] (see background about this case, the Arista case, in older articles of ours).

To quote The Register:

Arista has been cleared by US Customs and Border Protection (CBP) to start shipping modified products to the United States again.

Arista sought the right to do so because of its long-running litigation with Cisco, which believes Arista has pinched its intellectual property.


So the company was threatened with embargo until it hobbled/ruined its own products. Cui bono?

"So the company was threatened with embargo until it hobbled/ruined its own products."Just envision a UPC-imposed embargo if the EPO gets its way...

Saving Lives



The reforms at the USPTO may already be saving lives. PTAB recently took on a patent from Novartis and here is the latest on this from Patently-O:

This post follows-up on my recent essay on Novartis v. Torrent Pharma. If you recall, that decision by Judge Chen affirmed an IPR trial decision cancelling the claims of the Novartis patent as obvious.

[...]

FDA Approval: Moving back to the facts of Novartis, the patentee argued that its commercial success was based upon “Gilenya being the first commercially-available solid oral multiple sclerosis treatment.” Although that statement is true, the court found the commercial-availability focus misplaced for a non-obviousness argument.


MedCo v Mylan



Recently, Patently-O also covered MedCo v Mylan. Here is the key portion (in our humble assessment): "To spell out the results here. The appellate court reversed the district court’s decision based upon its revised claim construction. The claims require “batches” of the active ingredient that “have a maximum impurity level.” The court construed that term to require a consistent process for making all the batches, and then looked to the specification to note that the patentee intended to use an “efficient mixing” process as that consistent process since that was the type of process described in the specification; And then finally zeroed-in on the the “efficient mixing” process and required that it follow the particulars of “example 5” of the patent since that was the only detailed example given of efficient mixing. With that narrowed claim construction, non infringement was easy."

Tax Evasion With Patents



Recently, wrote this Twitter user about the "Patent Box Regime", this article in British media explained how it "enables UK companies to elect for a lower tax rate for profits earned from patented inventions..."

"Another facility for tax evasion, this time disguised as "innovation"?"We wrote a great deal about Patent Boxes, essentially yet another tax-dodging routine which sheds negative light on patents in general. To quote from the article itself: "The patent box regime enables UK companies to elect for a lower tax rate for profits earned from patented inventions and certain other intellectual property rights. The tax rate is being phased in but will be 10% by 1 April 2017."

Who said there's no future for the British economy after the Brexit disaster? Another facility for tax evasion, this time disguised as "innovation"? Another way to entice/incentivise businesses to come? If they bother at all...

Wearable Surveillance



"Sometimes patents are "good" in the sense that they discourage companies from doing malicious things (that are patented)."Mitek pursued a software patent on surveillance and it recently got it [1, 2]. So is someone going to be sued next? Well, in a sense we certainly hope so as the practice of such pervasive surveillance needs to be limited if not altogether eliminated. Sometimes patents are "good" in the sense that they discourage companies from doing malicious things (that are patented).

"Should Patent Law Be a First Amendment Issue?"



"The reality is, the public debate about patents is being perturbed; it's not dominated by people who are affected by patents but by people who made patents (and patents alone) their livelihood."There is an upcoming debate in Stanford in which Professor Lemley and others will participate. It's about how software patents harm free speech, according to CAFC. Not only moderate voices will participate in this debate but also software patents proponents (not engineers but law firms) like Robert Sachs‏. "I'll be speaking next week on Section 101 and the First Amendment," he wrote. Why not focus on what programmers and engineers have to say? Why are they so often excluded from such debates? Who else might be at this debate? Radicals like Watchtroll? Who now protects a patent bully, as usual?

The reality is, the public debate about patents is being perturbed; it's not dominated by people who are affected by patents but by people who made patents (and patents alone) their livelihood. It's like letting arms manufacturers take charge of foreign policy.

Recent Techrights' Posts

Not Much Better Than LLM Slop: Linux Foundation-Funded 'News' Site Writes Linux Foundation 'News', Composed by Linux Foundation Operative, Quoting Linux Foundation Staff
...they get paid (sponsored) to produce this spam. Then they call it "journalism".
Annual Southern California Linux Expo (SCALE 22x) 'Bought' by Microsoft and Microsoft Exceeded Sponsorship Limits by Giving Double the Maximum Permitted Amount
When people get bribed they tend to forget how to utter a simple word: "No."
EPO Examiners Point Out to the Heads of Delegations in the Administrative Council of the EPO That the "AI Policy" of the Office is Illegal
"the Central Staff Committee (CSC) asks the Administrative Council to exert its supervisory role and instruct EPO management to enter into genuine dialogue with the staff representation on the AI Policy, to revise the “Leverage AI” target of 90% AI-automated classification in the SP2028 and to put in place the measures supported by staff in the resolution."
French Cities Dumping Microsoft Because They Recognise Software Freedom, Open Standards, GNU/Linux Autonomy
We hope that more French cities - maybe Paris - will follow Lyon.
LWN is a Voice of GAFAM (Through Linux Foundation, Their Front Group or Occupying Force Inside Linux)
remember who the chief editor works for and who sponsors many of the articles
The 'Case' of the Serial Strangler From Microsoft is a Lot of Copypasta (Maybe Also LLM Slop) From the Matthew Garrett 'Case'
5RB deserves to know and the matter shall be properly reported in due course (when the time is right)
EPO Squeezing the Staff - Part II - Office Breaks Rules, Ignores Courts, Defies Justice
False promises everywhere
 
Wayland is About Less Choice, About Removing Choices, It's Not About Freedom
IBM insists that it cares about "diversity"
Keeping Things Accessible
Gemini Protocol seems to be growing
Escaping Colonialism (or 'Hegemony') Requires Abandoning GAFAM, Microsoft in Particular
Europe is already in the process of abandoning Microsoft
Microsoft Will Shut Down More Studios This Week, Its Media Operatives Will Tell Lies About the Magnitude of the Shutdowns and Layoffs (They Always Do)
Many people who get counted as "workforce" are "temps" or similar
What Linux Foundation 'Research' is: Paid Marketing
What is Linux Foundation 'Research'?
No, IBM Does Not Care About People With Disabilities
"Aktion T4" did not seem to bother Watson
Microsoft's Financial Problems Mean Shutdowns, Not Just Mass Layoffs
If the original rumour is true, then expect almost 30,000 Microsoft workers to be let go this year
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 26, 2025
IRC logs for Thursday, June 26, 2025
The Netherlands: GNU/Linux Measured at All-Time High
Are any Dutch cities going to announce dumping Microsoft?
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Links for the day
Technical People Need Technical Lawyers
Technical Litigants in Person (LIPs) have many real and concrete advantages
10,000+ Articles in About 20 Months (and How We Got Here)
More bloat does not beget efficiency and "bells and whistles" tend to have a hidden cost
Links 26/06/2025: Illegal Kangaroo Court (UPC) Failing Scandinavia, K-Pop Agencies Abuse People
Links for the day
Gemini Links 26/06/2025: AuraGem Twitch Proxy is Back and UI Sluggishness
Links for the day
Links 26/06/2025: Noise Pollution Considered High in Europe, Mass Layoffs Next Week in Microsoft Confirmed, Very Large in Scale and Scope
Links for the day
No, I Don't Want Your Latest XYZ, ThankYouVeryMuch...
Wayland is finally ready?
China Keeps Breaking Into Microsoft Systems, So for True Sovereignty, Nations Wary of China Need to Dump Microsoft
Looking at data from Taiwan (not China) and Maharlika (not Philippines, the king is dead and Spain is out), there are encouraging signs
Linux Journal Wants Ads on Its LLM Slop or Ads as 'Articles'
it's basically another BetaNews
How to Kill a Monopoly
in 10 simple steps
IBM - Like Microsoft - is a Dying Company and Perishing Brand ("AI" is a Lie and Decoy)
"Arvind is cutting costs (layoffs, PIPs, forced RTO, etc...) like crazy. IBM offices are closing all over the place in the US."
"Code of Conduct" Invoked When Fedora and Red Hat Users (Since the 1990s) Don't Want to Use Wayland
That is IBM "DEI"
Mozambique: GNU/Linux Rose From 0.5% Last Year to 3% This Year
what (or how) statCounter is measuring
Microsoft Layoffs Next Week: About 10% to be Laid Off in Microsoft Gaming (2 Days Before Independence Day), About 20%+ of XBox Staff
Microsoft is rapidly collapsing
Next Month Marks 11 Years Since Our In-Depth EPO Coverage
The same is happening to Microsoft right now
Free Software Foundation (FSF) Campaigns Against Vista 11, Adds 4 New Associate Members Per Day
If more people understood the underlying principles, more of them would flock to Free software overnight
Canonical Seems to Have Culled Some Sources of LLM Slop From Planet Ubuntu
It's like "junk food", it's not information
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 25, 2025
IRC logs for Wednesday, June 25, 2025
On "Weak Claims"
For the record, they sent me unjustified threats, repeatedly tried injunctions (censorship)
EPO Squeezing the Staff - Part I - Burnout and Family Health
more exceptional circumstances
This Month's Mail (MX) Server Survey Shows Microsoft at 0.20% "Market Share"
We need to remind people that desktops and laptops decline (in proportion to other client devices) and at the "back end" GNU/Linux is already dominant and has long been dominant
Links 26/06/2025: Filespooler Guide and Learning to Code
Links for the day
Why Techrights Cannot be Vilified (and Instead It Gets SLAPPed Repeatedly by Microsoft People)
Attack dogs are all "bark"; because they have no actual "bite"
Austrian GNU/Linux Usage Up to About 5% as More of Europe Abandons Microsoft
Since inauguration day the Austrian people have adopted more and more of GNU/Linux
Why the "Wayland People" and "Rust People" Will Lose Hearts and Minds (Same Reasons)
Wayland pushers are fast becoming like "Rust People"
5,600 Pages/Articles Per Year
So far this year we've kept all the promises
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The 'new' BetaNews won't be about journalism. It's trying to sell things.
Microsoft Has Lost "The War"
We'll soon see the 9th or 10th wave of Microsoft layoffs in 2025 alone
Slopwatch: A Wreck and a Dreck, "Flooding the Zone With Dreck" or Flooding the Web With Junk
"Slopwatch" continues today because we have many new examples
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Links for the day
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Wayland Pushers Lose the Argument, Use LLM Slop and Chatbots to Make Up Arguments for IBM
Another new low and low blow
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Mr. Fagioli even had slop about a dead Torvalds (hypothetical) as clickbait
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Do not form on opinion on Wayland based on politics
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My wife has long complained about "Linux bloggers" keeping quiet and thus passive about a growing problem: slop
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Google is circling down the drain and Google News too is hopeless
Linux Journal is a Slopfarm, It's Experimenting With LLM 'Authors'
Is Slashdot next?
WebProNews is a Slopfarm
Please avoid linking to WebProNews
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LinkedIn is just a failed acquisition of Microsoft. It causes losses and debt.
Gemini Links 25/06/2025: Combinatorial Music and Self Hosting
Links for the day
Richard Stallman Coming Back to Europe This Autumn to Give More Talks
His last talk in Europe attracted about 400-450 people
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 24, 2025
IRC logs for Tuesday, June 24, 2025
Social Control Media, Technology & Catholicism: Synod on Synodality review and feedback
Reprinted with permission from Daniel Pocock
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The world needs to know what happened
The New BetaNews: 7 New 'Articles', All of Them LLM Slop
BetaNews is basically defunct. Nobody writes there anymore.
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With mass layoffs at Microsoft the world would be much better