EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

02.16.09

Patents Roundup: Red Hat, Acacia, Microsoft, Apple, and the European Commission

Posted in Apple, Courtroom, Europe, GNU/Linux, Microsoft, Patents, Red Hat at 4:48 am by Dr. Roy Schestowitz

RED HAT is calling for participation in the discovery of prior art to be used against Acacia’s trolling [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. From the blog of Fedora’s current leader:

Back in 2007, IP Innovation filed a lawsuit against Red Hat and Novell. IP Innovation is a subsidiary of Acacia Technologies. You may have heard of them — they’re reported to be the most litigious patent troll in the USA, meaning they produce nothing of value other than money from those whom they sue (or threaten to sue) over patent issues. They’re alleging infringement of patents on a user interface that has multiple workspaces. Hard to say just what they mean (which is often a problem in software patents), but it sounds a lot like functionality that pretty much all programmers and consumers use.

That patent was filed back on March 25, 1987 by some folks at Xerox/PARC, which means that prior art dated before that date is helpful — and art dated before March 25, 1986 is the most useful. (That means any examples from Linux aren’t really going to help, seeing as how Linus Torvalds first began the Linux kernel in 1991.

According to this new essay, patent trolls are merely a “tax on innovation” and it is important never to forget the intersection between Acacia and Microsoft, in addition to interesting timing.

Many years ago, wrote Bill Gates: “If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today.” Things have changed since then because Microsoft is spending a lot of time filing patents rather than developing actual products and this gets criticised in CNET. Other points are raised too:

Microsoft earlier this week celebrated its 10,000th patent. Implicit in that announcement is the supposition that “patents = innovation.” However, a quick look at Microsoft’s last five years demonstrate a company that is struggling to copycat the best the industry has to offer, rather than innovate.

[...]

In this way it’s much like the criticism it has of open source: Microsoft claims that open source steals others’ intellectual property and doesn’t innovate. Pot calling kettle black?

Here is an indicator of Microsoft’s newly-discovered obsession with patents and here is a new article bearing the headline “Microsoft: We won’t sacrifice original IP.”

But Microsoft has no intention of sacrificing its “focus on exciting IP” and will continue to invest in innovation in order to emerge from any ongoing recession in a “healthy” state.

This is an obnoxious little article. It’s filled with buzzwords like “innovative” and “IP” despite the company’s true (and original) understanding that patents are weapons to very large companies. They are monopoly enablers.

Microsoft’s obsession with patents is not unique because, according to this report, China may be following a similar route.

Patent applications submitted to China’s State Intellectual Property Office totalled 828,328 during 2008, according to statistics just made availableon the office’s website. That’s up over 130,000 on the figure for 2007. But before anyone chokes on their lunchtme sandwich or afternoon tea, just remember that the vast majority of this number would have been for unexamined utility and design rights. That said, examined invention patent applications grew by over 50,000 – with domestic companies accounting for most of the rise from 245,161 in 2007 to 289,838 at the end of last year. This makes SIPO the third biggest patent office in the world after the USPTO and the JPO.

Why is it that every single thought (or idea) needs to be “owned” by someone regardless of the origin of this thought? That is the point being raised thusly:

A patent is not the ownership of a pre-existing thing that needs an owner. Rather, the things over which the patent system gives people ownership are the creations of patent law. And in many cases, it makes little sense to talk about them as “things” at all.

Apple’s case against Linux-powered devices was mentioned the other day, but over in Europe it turns out that two — not one — companies are suing Apple for patent infringement, doing to Apple almost exactly what Apple is doing to others.

A pair of small Scottish companies have filed a lawsuit against Apple Inc. (AAPL), claiming two of the computer maker’s best- selling products include technology that infringes on their patents.

Meanwhile, and also in Europe, it turns out that Commissioner Viviane Reding does not understand the problem and she’s being misinformed.

The problem is those kind of numbers is that they seems to be calculated in function of software vendors, which represents only 15% of the whole software industry. The other large part of the industry is pure services. And this does not seems to be taken in account. Does Mrs Commissioner Reding have the wrong numbers? Or she does not know the european software industry?

It’s quite likely that lobbyists will have commissioners bamboozled. That’s just what they’re there to do.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

2 Comments

  1. Needs Sunlight said,

    February 16, 2009 at 12:10 pm

    Gravatar

    What are the best links for the latest word on Europe’s pursuit of antitrust action against WMA and WMV? And what is Europe doing to steer *back* to MPEG and Quicktime or move forward to Ogg Theora?

  2. Roy Schestowitz said,

    February 16, 2009 at 12:32 pm

    Gravatar

    Antitrust action?? Some of their streams use those formats.

    The commission is deeply disguised when it comes to Free software (patent policy, doing as you preach, and even Samba).

    Given Viviane Reding’s stance on DRM, I’m beginning to think that she’s as bad as Charlie McCreevy. Also remember the Microsoft dinnertime story.

What Else is New


  1. The Death of Software Patents and Microsoft's Coup Against Yahoo! Made the Company Worthless

    A look at what happens to companies whose value is a house of software patents rather than code and a broad base of users/customers



  2. Munich Attack Mentioned by EPO But Not Ansbach

    The EPO does the usual right-wing thing (exploiting disaster/emergency for domestic crackdowns), but some bemoan the omission of the explosion at Ansbach (also in Germany)



  3. Kluwer Thinks People Are Clueless About the Unitary Patent System and Pretends It's Business as Usual

    Flogging the dead UPC horse at times of great uncertainty (enough to bring the UPC to a standstill)



  4. Almost Everything That the Government Accountability Office Says is Applicable to the EPO

    The Government Accountability Office in the United States produces reports which can serve as a timely warning sign to the European Patent Office, where patent quality is rapidly declining in order to meet 'production' goals



  5. Microsoft Says It Loves Linux, But Its Anti-Linux Patent Trolls Are Still Around and Active

    Highlighting just two of the many entities that Microsoft (and partners) use in order to induce additional costs on Free (as in freedom) software



  6. Links 26/7/2016: Microsoft Growing Desperate, Linux 4.8 Visions

    Links for the day



  7. Links 25/7/2016: Linux 4.7 Final, PostgreSQL 9.6 Beta 3

    Links for the day



  8. Leaked: Boards of Appeal Face 'Exile' or 'Extradition' in Haar After Standing up to Battistelli

    A look at some of the latest moves at the European Patent Office (EPO), following Battistelli's successful coup d’état which brought the EPO into a perpetual state of emergency that perpetuates Battistelli's totalitarian powers



  9. The US Government Accountability Office (GAO) Comes Across as Against Software Patents, Relates to the EPO as Well

    Some analysis of the input from the Government Accountability Office (GAO) with focus on the EPO and software patents



  10. In the US, Patent Trolls Engage in Patent Wars and Shakedowns, Whereas in China/Korea Large Android OEMs Sue One Another

    Highlighting some of the differences between the US patent system and other patent systems



  11. Links 24/7/2016: Elive 2.7.1 Beta, New Flatpaks and Snaps

    Links for the day



  12. Links 23/7/2016: Leo Laporte on GNU/Linux, Dolphin Emulator’s Vulkan Completion

    Links for the day



  13. Links 22/7/2016: Wine 1.9.15, KaOS 2016.07 ISO

    Links for the day



  14. Haar Mentioned as Likely Site of Appeal Boards as Their Eradication or Marginalisation Envisioned by UPC Proponent Benoît Battistelli

    Not only the Staff Union of the European Patent Office (SUEPO) is under severe attack and possibly in mortal danger; the increasingly understaffed Boards of Appeal too are coming under attack and may (according to rumours) be sent to Haar, a good distance away from Munich and the airport (half an hour drive), not to mention lack of facilities for visitors from overseas



  15. EPO Attaché Albert Keyack Viewed as Somewhat of a Mole, Reporting From the US Embassy in Brazil Until Shortly Before the Temer Coup

    Public responses to the role played by Albert Keyack on behalf of the United States inside the European [sic] Patent Office



  16. EPO Insiders Explain Why the EPO's Examination Quality Rapidly Declines and Will Get Even Worse Because of Willy Minnoye

    Public comments from anonymous insiders serve to highlight a growing crisis inside the European Patent Office (EPO), where experienced/senior examiners are walking away and leaving an irreplaceable bunch of seats (due to high experience demands)



  17. Patents Roundup: BlackBerry, Huawei, PTAB, GAO, Aggressive Universities With Patents, and Software Patents in Europe

    Various bits and pieces of news regarding patents and their fast-changing nature in the United States nowadays



  18. Glimpse at Patent Systems Across the World: Better Quality Control at the USPTO Post-America Invents Act (2011), Unlike the EPO Post-Battistelli (2010)

    While the EPO reportedly strives to eliminate pendency and appeal windows altogether (rubberstamping being optimal performance as per the yardstick du jour), the USPTO introduces changes that would strengthen the system and shield innovation, not protect the business model of serial litigants



  19. Blockstream Has No Patents, But Pledges Not to Sue Using Patents

    Blockstream says that it comes in peace when it comes to software patents, which triggers speculations about coming Blockchain patent wars



  20. Links 21/7/2016: Ubuntu 16.04.1 LTS, Linux Mint 18 “Sarah” Xfce Beta

    Links for the day



  21. Links 21/7/2016: An Honorary Degree for Alan Cox, Looks Back at DebConf16

    Links for the day



  22. EPO USA: Under Battistelli, the 'European' Patent Office Emulates All the Mistakes of the USPTO

    Conservative Benoît Battistelli is trying to impose on the European Patent Office various truly misguided policies and he viciously attacks anyone or anything that stands in his way, including his formal overseers



  23. Links 19/7/2016: ARM and Opera Buyout

    Links for the day



  24. Large Corporations' Software Patenting Pursuits Carry on in Spite of Patent Trolls That Threaten Small Companies the Most

    With unconvincing excuses such as OIN, large corporations including IBM continue to promote software patents in the United States, even when public officials and USPTO officials work towards ending those



  25. Battistelli Has Implemented De Facto EPO Coup to Remove Oversight, Give Himself Total Power, and Allegedly Give UPC Gifts (Loot) to French Officials

    Benoît Battistelli's agenda at the EPO is anything but beneficial to the EPO and suspicions that Battistelli's overall agenda is transitioning to the UPC to further his goals grow feet



  26. EPO Social [sic] Report is a Big Pile of Lies That Responsible Journalists Must Ignore

    A reminder of where the EPO stands on social issues and why the latest so-called 'social' report is nothing but paid-for propaganda for Battistelli's political ambitions



  27. Links 18/7/2016: Vista 10 a Failure, FreeType 2.7

    Links for the day



  28. Exploiting Perceived Emergencies/Disasters, Suspending the Rule of Law, and Suspending Judges: How Erdoğan is Like Battistelli, Except the Coup

    Pretexts for crackdown on law-abiding people or figureheads who are remote and independent the hallmark not only of Erdoğan but also the EPO's President, Benoit Battistelli



  29. The Impotence of Gene Quinn

    Attacking the enforcer of Alice v CLS because it's doing harm to his source of income, which makes him angry



  30. After the FTI Consulting-EPO Reputation Laundering Deal's Expansion in Germany Süddeutsche Zeitung 'Forgets' That the EPO Even Exists

    Relative apathy if not complete silence regarding the EPO at Süddeutsche Zeitung following reports of FTI Consulting's deal expansion (media positioning in Germany), with hundreds of thousands of Euros (EPO budget) thrown at the controversial task


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts