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

03.13.09

Patents Roundup: TomTom, The ‘Bilski Test’, Junk Patents, and Ambush

Posted in Apple, GNU/Linux, Microsoft, Patents, TomTom at 9:18 am by Dr. Roy Schestowitz

“Truthfulness with me is hardly a virtue. I cannot discriminate between truths that and those that don’t need to be told.”

Margot Asquith

TomTom Revisited

IT IS hard treating the TomTom case as though it’s old news because ramifications may be serious and Microsoft is already spinning. Jay Lyman, a self-professed proponent of GNU/Linux, is optimistically suggesting that the lawsuit has not negatively affected the adoption of Linux in the embedded space and based on our collection of news stories over the past fortnight, Lyman is probably correct. He wrote:

I don’t necessarily see the same effect from the TomTom suit since, at least publicly, Microsoft is not making the case that it is Linux on the line. I can report that there does not seem to be any slowdown or hesitation in the embrace of Linux for embedded devices. Perhaps that is the reason that Microsoft has chosen to play down any implications for Linux and open source, rather than puff them up as it has done in the past. If Microsoft or anyone else challenges the IP integrity of the Linux OS, it is likely to reinforce the idea that the open source software is legitimate, licensed, covered by copyright, and absolutely appropriate for enterprise, embedded and other commercial uses, at least that’s what history tells us.

SD Times has already gathered some more details about mysterious anomalies that harm Microsoft’s case.

Under the original FAT licensing program, pricing was US$0.25 per unit with a cap on total royalties of $250,000 per manufacturer, according to what had been posted on Microsoft’s website from 2003 to July 2006. A Microsoft spokesperson could not explain why they were removed or whether those terms were applicable to the 18 agreements outlined in the lawsuit.

As we showed 2 weeks ago, Microsoft had explicitly promised not to sue over FAT. It therefore fails to keep up with its own licences, let alone just those promises. This is why we believe that Microsoft is fighting a losing battle and it relies heavily on the financial situation of TomTom which is rather frail right now.

“As we showed 2 weeks ago, Microsoft had explicitly promised not to sue over FAT.”Microsoft, like SCO, frequently relies on exhaustion of its opponents (or lingering the uncertainty), so it’s a test that merely determines whose pockets are deeper and who can afford more motions. It is very much the same with the European Commission, which Microsoft drives into exhaustion for many years, so by the time compliance is reached — if that ever happens at all — the documentation delivered is already irrelevant and outdated.

One reader recently told us that this is “unfortunately the nature of the law. As a lawyer, I can tell you that lawyers don’t sit around talking about justice, they talk about whether you can win a motion for summary judgment (a quick way to end cases). Law is very narrow. It is not about justice. It is about whether the law can be used to bludgeon your opponent. [...] It is increasingly becoming true that the party with the greater resources wins. That is why it is so important for TomTom to win this case.

Business law

Software Patents Can Die

Illegitimacy of Microsoft’s claims aside, the question about patentability of software post-Bilski [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14] just keeps arising. According to this article about TomTom, In Re Bilski keeps slaughtering software patents.

Due to the Bilski ruling, new software patent evaluation rules have come into existence and just recently IBM lost claim to one of its database query patents. It was rejected because the innovation isn’t “tied to a particular machine”.

The BPAI goes on to justify the rejection by pointing out that the “system” on which the innovation operates is “not recited in terms of hardware or tangible structural elements”, which is to say that the patent is rejected because the elements of the claim are “implemented solely in software or algorithms”.

Moreover, according to Law.com, the opposition to Bernard Bilski’s patent is proving invaluable.

Federal Circuit Bars Patent for Business ‘Paradigm’

[...]

“A paradigm is basically a way of doing something,” Harris said. “I was trying to define a whole new set of claims — a new style of claims.”

At the end of the day, do software patents matter anymore? Are they sufficiently valid to actually endure the ‘court test’?

Junk Patents

One of our readers has accumulated examples of new patents that are worth putting here for their hilarity value. As he puts it, Cryptomathic patents user authentication using a central server, Innovid patents in-video brand experience, Worlds.com patents virtual reality, CounterPath patents mobile to IP roaming, laundry viewing over the Internet is patented, reading barcode with camera phone is patented, F-Secure patents updating virus signatures over SMS, Prolexic patents anti-DDOS service, and automatic menu generation too is now a patent.

What on Earth is going on here?

Patent Ambush (or Patents in Standards)

Rambus’ patent trap inside a standard [1, 2, 3, 4] is highly relevant to us because Microsoft patent traps like OOXML and C#, which are wrapped with something called “standard” (never mind if sheer crime was devised to achieve the status), are a danger to Free software.

According to this early report, Rambus is getting its way with a patent ambush and this can cost Hynix as much as $0.4 billion. Yes, all of this money just for patents, which were sneakily concealed inside a standard while it was innocently being adopted by many.

Hynix has agreed to pay royalties of up to 4.25 per cent for the use of Rambus patents in devices sold between the 31st of January 2009 and the 18th of April 2010.

Ars Technica has some more details about this story.

MPEG-2 may not be a case of an ambush, but as we showed last week, Lenovo is being hurt quite badly by it. MPEG-2 is a real issue for Free software because it has spread widely and it requires patents to be used. According to CNET, Apple potentially poisons Web standards with patents, we well.

On March 5 Apple dropped a small bombshell on the World Wide Web Consortium (W3C) standards body, excluding one of its patents from the W3C Royalty-Free License commitment of the W3C Patent Policy for Widgets 1.0. The patent in question covers automatic updates to a client computer in a networked operating environment.

The author is an advocate of Apple, so he tries to convince the readers that Apple is a friend of open source when in reality it is a a big foe of open source and freedom in general. Well, fortunately, Apple suffers just like Microsoft and it shows.

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

What Else is New


  1. Microsoft Windows Unsafe at Any Speed, by Design

    More timely reminders that Windows is simply not designed to be secure, irrespective of version, status of patching, etc.



  2. After Moonlight Dies and Even Microsoft Abandons Silverlight, the Abusive Monopolist Keeps Pushing for Other Microsoft Lock-in, Injecting OOXML Traps Into Free Software (Moodle)

    Despite a long history of Microsoft formats being proven guarantee of digital obsolescence, Moodle allows itself to become Microsoft prey and a Trojan horse for OOXML in classrooms (for children)



  3. Links 4/7/2015: Mostly (Geo)Political Catchup

    Links for the day



  4. Links 3/7/2015: KDE Applications 15.04.3, Ubuntu-Flavored Compute Stick

    Links for the day



  5. Patent Lawyers and Their Firms, Still Desperate to Protect the Status Quo, Manipulate the Media

    Patent lawyers are besieged by gradual tightening of patent scope and recklessly fight back (e.g. by saturating the media) to secure their revenue sources, derived from (and at the expense of) actual scientists and true market producers



  6. Amid Controversy, Political Scrutiny and Increased Media Pressure Željko Topić and Benoît Battistelli Allegedly Cancel Today's Trip to Zagreb (Croatia) Where Topić Faces Many Criminal Charges

    The Croatian press comments on the recent declaration from the Council of Europe and Topić's not-so-sterling status in his home country, where he is wanted for alleged crimes



  7. Microsoft Gradually Embraces, Extends, Extinguishes Linux Foundation as a Foundation of GNU/Linux

    By liaising with (or hijacking) existing members of the Linux Foundation, as well as by paying the Linux Foundation, Microsoft turns the Linux Foundation into somewhat of a Windows advocacy group



  8. Microsoft India Still Lobbies and Lies About Free Software in Order to Knock Down Policy That Favours Free Software

    Microsoft continues to bully Indian politicians who merely 'dare' to prefer software that India can modify, maintain, extend, audit, etc.



  9. Patent Lawyers and Corporate Media Nervous About New Patents Barrier/Reality (Less Patents on Software and Business Methods)

    The rich and the powerful, as well as their lawyers (whose job is to protect their money and power by means of government-enforced monopoly), carry on whining after the Alice case, in which many abstract patents were essentially ruled -- by extension -- invalid



  10. Translation of Pierre-Yves Le Borgn' Speech Against EPO Management and New Parliamentarian Interventions

    More political fire targeting the EPO's management, adding up to over 100 parliamentarians by now



  11. Links 2/7/2015: KDE Plasma 5.3.2, antiX 15

    Links for the day



  12. Links 1/7/2015: OpenDaylight Lithium, OpenMandriva Lx 2014.2

    Links for the day



  13. Munich Press, Münchner Merkur, Slams the Munich-based EPO

    Pressure on Benoît Battistelli to leave (or be fired) grows as the cronies whom he filled his office with have become a huge public embarrassment to the decades-old European Patent Office



  14. The Shameless Campaign to Paint/Portray Free Software as Inherently Insecure, Using Brands, Logos, and Excessive, Selective Press Coverage

    Some more FUD from firms such as Sonatype, which hope to make money by making people scared of Free/libre software



  15. National Insecurity and Blackmail, Courtesy of Microsoft

    British members of parliament (MPs) outsourced their communication to the number one PRISM company and they are paying the price for it; The US Navy's systems continue to be unbelievably insecure (Windows XP), despite access to the world's biggest nuclear arsenal



  16. Microsoft Keeps Shrinking

    As the era of shrink-wrapped software comes to an end so does Microsoft, whose effort to become a 'cloud' company with online operations has been miserable at best



  17. They 'R' Coming: More Microsoft Money for the Linux Foundation

    The problem with having Microsoft in a Linux Foundation initiative, the R Consortium



  18. Speculations About the EPO's Possible Role in DDOS Attacks

    Readers' views on who might be behind the attacks on this site amid confirmation that it's on the 'targets' list of the EPO



  19. Links 30/6/2015: Linux Mint 17.2, OpenMandriva

    Links for the day



  20. Techrights Confirmed as a Target of EPO Surveillance, With Help From Control Risks Group (CRG)

    Unveiling the cloak of secrecy from long-term surveillance by the European Patent Office (EPO) and a London-based mercenary it hired, bypassing the law



  21. Google's Fight to Keep APIs Free is Lost, Let's Hope Google Continues Fighting

    SCOTUS refuses to rule that APIs cannot be considered copyright-'protected', despite common sense and despite Java (which the case is about) being Free/libre software



  22. Patent Trolls in the Post-Alice World

    A round-up of news about patent trolls in the United States, some of whom are are doing well and some of them not as well



  23. DDOS Attacks Against Techrights

    Information about some of the most recent DDOS attacks against this Web site and the steps to be taken next



  24. The Patent System Not What it Used to be, Large Corporations and Patent Lawyers the Principal Beneficiaries

    A look at some recent patent stories and what can be deduced from them, based on statistics and trends



  25. After Intervention by the Council of Europe Comes a Detailed Summary of the Situation in the European Patent Office (EPO)





  26. IRC Proceedings: May 31st - June 27th, 2015

    Many IRC logs



  27. Links 28/6/2015: Manjaro Linux Cinnamon 0.8.13, VectorLinux 7.1

    Links for the day



  28. Williamson v. Citrix Online (at CAFC) Reinforces Alice v. CLS Bank (at SCOTUS) in Crushing Software Patents

    More patent news from the United States, again serving to indicate that software patents over there are getting weak (harder to defend in court or acquire from the patent office)



  29. Proskauer Rose LLP is Cherry-Picking Cases to Make Software Patents Seem Eligible Despite Alice v. CLS Bank

    Naming and shaming those who are trying to reshape the consensus despite a rather consistent pattern of software patents being rejected



  30. IAM Biased: How IAM 'Magazine' Glorifies Patent Stockpiling

    A look at the bias of one of the most overzealous sites for and by patent lawyers


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