03.10.08
Would You Trust a Microsoft Lobbying Arm When It Comes to Eliminating Software Patents?
BSA can never fix the USPTO
It has been a couple of month since we wrote about the BSA. More recently we showed the BSA’s role as a lobbyist and behind-the-scenes manipulator of the patent system. It continues to serve as somewhat of a front [1, 2, 3, 4, 5].
In this latest article from the Washington Post we find that the BSA continues to do its thing, but while it purports to fix the problems at the USPTO what it actually does is ‘mending’ it to suit larger corporations’ goals, not those of Free software projects.
The Patent Reform Actwould overhaul the U.S. patent system. Among other things, it would create a new way to challenge patents after they’ve been granted, and it would allow courts to change the way they assess damages in patent-infringement cases.
They essentially try to water down the effect of patent trolls while maintaining the same control over intellectual monopolies. They fail to address the problem with certain classes of patents and instead focus on holders.
Days ago we mentioned the Blackberry problem, also in the UK. Digital Majority brings some more updates on this case with the following pointers:
1. Research In Motion Wins U.K. Suit Over Visto Patent (Update3)
Research In Motion Ltd., the maker of the BlackBerry e-mail device, won a U.K. patent lawsuit against Visto Corp. over e-mail technology.
Justice Christopher Floyd in London ruled that a Visto patent for a system for synchronizing e-mail was invalid. Research in Motion had filed the lawsuit seeking to overturn the patent.
2. More patent money wasted on fighting over where to sue
The same problem exists for trade marks and designs, but the frequency with which jurisdictional tussles and applications for stays occur seems to the IPKat to be very much lower. Does anyone know why? Merpel is disappointed that the English courts won’t have a chance, at least this time, to rule on whether there had been an abuse of process in bringing the action in Italy. That would have been fun.
3. Technology’s Hottest Product? Patent Litigation
The Wall Street Journal’s Sara Silver takes a look today at Visto Corp., the company that last Friday sued Research in Motion for patent infringement. RIM returned the favor on Monday, suing Visto on the same grounds.
Look back again at the previous post which contains Stallman’s talk about software patents. █
Highlight: Novell was the first to acknowledge that Microsoft FUD tactics had substance. Novell then used anti-Linux FUD to market itself. 
Highlight: Xandros let Microsoft make patent claims and brag about (paid-for) OOXML support. 
Highlight: Linspire's CEO not only fell into Microsoft arms, but he also assisted the company's attack on GNU/Linux. 
Highlight: Microsoft craves pseudo (proprietary) standards and gets its way using proxies and influence which it buys. 
Highlight: The invasion into the open source world is intended to leave Linux companies neglected, due to financial incentives from Microsoft. 
Analysis: Xen, an open source hypervisor, possibly fell victim to Microsoft's aggressive (and stealthy) acquisition-by-proxy strategy.