Bonum Certa Men Certa

Microsoft Looking for Patent Reform?

In a case which is in no way directly related to software, actually it is about automobile gas pedals, Microsoft and other tech giants are weighing in in a patent dispute case that is likely to set a tremendous precedent.

On one hand, technology companies are sick of getting sued, often by patent squatters that don’t really make much of anything but go around patenting the schemas for products that other companies are (often independently) working on and then clean up in patent lawsuits. Tech companies would like to see some sort of flexibility built into the patent system so that it’s not so easy to patent just anything and then sue later on when somebody who’s actually creating something happens to come up with that same thing or something similar to it. Sounds pretty straightforward, right? Well, on the other -- also very powerful -- hand, drug and chemical companies want to protect their products from generic competition and counterfeiters, and patents offer the strongest form of protection. So there’s a battle shaping up here that could profoundly affect some of the world’s most powerful corporations. In other words, it’s worth paying attention to this.

It should be noted that all throughout the Novell-Microsoft deal, both companies have repeatedly asserted that no in-depth review of patent portfolios took place, because each knows that there are "legitimate questions about patent quality" that would need to be addressed. Instead, each company opted to purchase a pig in a poke, so to speak, knowing it is easier to negotiate a preemptive peace rather than risk war and learn you haven't any munitions.

There, of course, is a small problem with this industry methodology: small, upstart companies have an impossible barrier to entry. As the tech giants continue to obtain and leverage dubious software patents, using cross-licensing deals to create a cartel that will ensure that these same companies continue to live on and derive revenue long after they have ceased to innovate.

David Kaefer of Microsoft indicated himself that the prospects of conducting a patent review for any given piece of software is "prohibitive", requiring you to review "thousands of patents". If Microsoft hasn't the legal resources to conduct such a review, how could a startup company in their garage be expected to?

Asked whether Microsoft would consider revealing what parts of Linux allegedly violated the company's intellectual property so that open-source developers could throw out the offending code, Kaefer demurred, saying it would not be "very productive."
"Patents are hard to understand. You have to have a certain level of expertise to understand the scope. And there are legitimate questions about patent quality," he said. "The reality is that you'd have to look at thousands of patents and thousands of products. To focus on every single one would be prohibitive."

In an article entitled Microsoft and Novell: Bambi Meets Godzilla?, Joyce Becknell observed:

It is a sad statement on the state of the industry that more and more companies are making money from patents and intellectual property not by making products with them but by threatening other vendors who may be infringing those patents.

Perhaps, after losing yet another Patent infringement case themselves, threatening the distribution of their cash-cow Office in Korea, Microsoft is starting to see the state of the industry as well.

Perhaps.

Comments

Recent Techrights' Posts

Microsoft's CEO is Hyping Up 'AI' (Plagiarism) to Distract From Falling Interest in It and Missed Expectations (Investors Run Out of Patience as Reality Does Not Meet or Match Early False Promises)
Microsoft clearly needs 1) a distraction and 2) hype about "AI"
No, Microsoft, Plagiarism is Not "AI"
"Satya Nadella says as much as 30% of Microsoft code is written by AI"
Microsoft Has Become Almost Extinct in Web Servers, Netcraft Now Ranks It in Only One Category (Microsoft Down Sharply), Deranked/Outranked in All the Rest
Microsoft used to be in all categories, now it's in just one
Microsoft Has Hundred of Layoffs Again, Same Week as the Company's Fake Results
those people were in effect Microsoft employees, just classified as contractors
Sirius Open Source in Court
I personally was a witness and an alibi
What GNU/Linux Means to Us
Linux without freedom is like becoming a vegetarian "except on special occasions"
Disinformation and Marketing Spam From and For OIN (GAFAM's and IBM's Weapon Against Free Software Activists and Reformists Against Software Patents)
All in all, this anniversary is just a PR stunt with revisionism
 
Manchester Computing Centre (MCC) Made the First GNU/Linux Distro, But You Probably Never Heard of It
People like Owen are barely remembered, not because they didn't do valuable work but because they didn't suck up to "The Establishment"
Online Mobs and Crabs: Doing to Fabrice Bellard What They Did to Richard Stallman and Linus Torvalds
They just don't want skilled people to be productive
E-mail is Not HTML, Web Pages Aren't a Form of E-mail
as an associate remains us, always use "plain text, it was good enough for Shakespeare"
Slopwatch: Stigma-Baiting by the Serial Sloppers and Latest Garbage From the Slopfarm LinuxSecurity.com (Also Slopping Away at "OpenBSD" With SEO SPAM Made by LLMs)
Microsoft et al are trying to profit from blurring away information
Links 02/05/2025: Mineral Selloff and Chinese Sanctions
Links for the day
Gemini Links 02/05/2025: Hens and Tmux
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 01, 2025
IRC logs for Thursday, May 01, 2025
Gopher/Gemini Links 01/05/2025: Slop/LLM Bot Troubles and Driving Angry
Links for the day
Links 01/05/2025: Apple Lies to Courts, European Patents Thrown Out by British Courts Again
Links for the day
Gemini Links 01/05/2025: Small Web and Going Offline
Links for the day
Links 01/05/2025: Slop Blowback, Social Control Media as Vehicle of "Sextortion"
Links for the day
Some of the Evidence We'll Be Relying Upon in the Lawsuits Against Matthew J. Garrett
Finally facing the consequences for his actions
Symptom or Hallmark of Ponzi Schemes: Microsoft Says It Gains Over 100 Million Dollars in "Goodwill" and Its Speculative "Value" Nearly Doubled to $119,329,000,000 in the Past Year Alone
Total liabilities are now over $240,000,000,000
Gemini Links 01/05/2025: Trying OpenBSD and Usenet Reborn Released
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 30, 2025
IRC logs for Wednesday, April 30, 2025
Gemini Turns 6 Soon, Still Growing
Will we see 3,050 before Gemini turns 6 in summer?
Richard Stallman Re-Confirmed by the Free Software Foundation
as expected
Links 30/04/2025: Pakistan-India Tensions Grow, Facebook Banning Publishers Before Elections
Links for the day
Techrights Statement: The Solution is Not More Censorship or Moving to Another Mastodon Instance, the Core Problem is Social Control Media Including Mastodon
Censorship typically leads to additional (new) issues
Links 30/04/2025: Censorship in the Guise/Clothing of "Combatting Deepfakes", Mass Surveillance Increasingly Framed as Catchphrase "AI"
Links for the day
Why Techrights Attracts SLAPPs From American Microsofters Who Literally Strangle Women and Rely on the Most Unscrupulous Law Firms
"the SLAPPs targeted at TR [Techrights] shows that Orwell was right: Journalism is about exposure, everything else are PubRels."
The Problem at the Open Source Initiative (OSI) Is Vastly Bigger Than Its Rigged Elections
Elections and election-rigging at the OSI are a symptom
IBM Allegedly to Sell More Parts of the Company While Outsourcing to India, Microsoft Now Goes After Unions
They both have cash and debt problems
Slopwatch: Google Noise ("News"), Linux Security (Slopfarm), and BetaNoise (Serial Slopper)
Today there's no lack of LLM slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 29, 2025
IRC logs for Tuesday, April 29, 2025
Links 30/04/2025: "Brian Lumley’s Necroscope Series" and "Death In The Afternoon"
Links for the day