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

05.05.09

OIN Explains TomTom’s Settlement with Microsoft (and Other Patent News)

Posted in America, Europe, GNU/Linux, IBM, Kernel, Microsoft, OIN, Patents, TomTom at 4:24 am by Dr. Roy Schestowitz

Gavel in silk

Summary: TomTom may reveal the details of its FAT settlement, Topolanek escapes the room, and an IBMer might become the next PTO Director

IAM Magazine, a site by lawyers for lawyers (i.e. patent maximalism), has just published an interesting entry (free subscription to read) whose heading heralds: “Microsoft invites TomTom to reveal settlement terms after OIN chief’s claims”

Speaking in a session based on the EPO’s Scenarios for the Future project, Bergelt explained that under Dutch law, a company only has to reveal how much it has paid to settle a dispute if the amount exceeds a certain percentage of its market capitalisation. According to Bergelt, in TomTom’s case the sum would have had to have been over $500,000. As TomTom has not made any figures public, Bergelt claimed, the settlement amount must have fallen below the threshold.

This pretty much answers the question about the amount TomTom was required to pay. It was already discussed in [1, 2]. Digital Majority found this interesting part of a thread about FAT in Linux (TomTom effect): “Steve, can you please stop the bullsh**ting? From the complete lack of technical arguments it’s pretty obvious that this seems to be some FUD fallout from the MS vs TomTom patent lawsuit.

The Linux FUD blog, which debunks Linux FUD on a routinely basis, has just written about Microsoft’s strategy with patents and lawsuits against Linux. Here is just a portion:

Microsoft vs. Linux

Microsoft has claimed that Linux violates approximately 235 patents. The company has reportedly “chosen” to not sue, and the rationale for this choice has been the topic of much speculation. Microsoft has not revealed the details of the violations, including the identifying numbers of the violated patents.

Lack of merit in the claim is probably the reason most people believe Microsoft has not filed – in other words, Microsoft is bluffing. Perhaps Microsoft knows that the patents are not enforcible for one reason or another, but it also knows fully that it retains power derived from fear so long as it can make threats that sound credible. If the claim does lack merit, that power would diminish rapidly once a case is brought against the first defendant. Either the patents would be found to be unenforcible (e.g. prior art would be proven), or legal action against one defendant would prompt the Linux community as a whole to adapt quickly. Details of the suit would provide the vital information required to ensure that Linux complies with all patents going forward.

Many Linux supporters and advocates disapproved when Novell and XandrOS succumbed to this fear when they signed their now famous “peace treaties” with Microsoft.

There is another interesting entry in IAM Magazine. Some time ago we wrote about the Microsoft-sponsored presidency from the Czech Republic and its role in lobbying for software patents in Europe [1, 2]. It is doing a lot of damage and now we find this hilarious report:

Patent change in Europe is unlikely if business leaders remain silent

[...]

With all that that in mind, Topolanek claimed that he was confident that the Czech Presidency of the EU had enabled progress which could now be built on by the Swedes, who assume the presidency at the end of June. It all sounded very impressive, I have to say – a national leader talking eloquently about the importance of patents to Europe’s future. Who’d have thought it? Then he was asked to explain what the Czechs had done in concrete terms to take things forward. He paused for a very brief moment before saying: “I do not know, this is not my area.” He then got up and left.

Priceless.

So on behalf of large multinationals, those politicians seem to be promoting more fences and barriers to competition. Then they are surprised that no support is received from local businesses, except the fake ones (AstroTurfers for monopolies).

Other patent news this week:

It turns out that the next PTO Director might sadly enough be coming from a company which is in favour of software patents (IBM).

Much of the job of PTO director involves employee relations, and Kappos continues to successfully lead one of the largest private patent departments in the world. His current and former employees are loyal to him as a leader and praise his creativity and genius. The IBM IP office is known for its spirited and open debates on policy and direction. In my view, this corporate management experience and patent prosecution experience are more relevant to running the PTO than – say – running litigation teams at a law firm, managing a congressional committee, or even teaching a group of law students.

The FSF is already taking its fight against software patents up a notch:

End Software Patents today launched en.swpat.org, a wiki to document the case against software patents. Over 100 articles have already been started to give an idea of the scope and structure of the wiki.

Any contributions to that Wiki would of course be valuable.

“Small enterprises generally adopt a rather negative position towards the current increasing granting of patents for software and algorithms because they fear that these will hamper or eventually even impede their work (more than 85%).” —German Federal Ministry of Education and Research (BMBF), Study of the Innovation Performance of German Software Companies, 2006, p. 86

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. Links 28/4/2017: Subsurface 4.6.4, GNOME Shell & Mutter 3.25.1

    Links for the day



  2. Kather Augenstein and Bristows Shift Attention to Germany in an Effort to Ram the Dying UPC Down Everyone's Throats

    Down the throat, hopes Team UPC, the Unitary Patent system will go, even though Britain cannot ratify, throwing the whole thing into grave uncertainty



  3. United for Patent Reform Defends USPTO Director Michelle Lee From Attacks by the Patent Microcosm

    Michelle Lee is finally (if not belatedly) shielded by a bunch of large technology companies; The deep-pocketed industry finally steps in line with our position, which is usually when things turn out the way we advocate for



  4. Team UPC and CIPA Are Lobbying, Publishing Puff Pieces, and Rewriting the Law for Unitary Patent (UPC) Behind Closed Doors

    A collection of the latest news and views on the UPC, which is being lied about by those who stand to benefit from it and is probably going nowhere because Brexit means that the UK stays out, in which case it must be reset and pertinent ratifications done all over again



  5. China's Suffering From Patent Maximalism Has Europe Forewarned

    The parasitic elements inside China -- those that just want lots of litigation (even if from patent trolls) -- are winning over, much to the detriment of the Chinese economy, and Team UPC threatens to do the same in Europe with help from Battistelli



  6. Links 27/4/2017: Mesa 17.0.5 RC1, Git 2.13.0 RC1, and Linkerd 1.0

    Links for the day



  7. The Latest Expensive PR Blitz of the EPO, Led by Jana Mittermaier and Rainer Osterwalder Under the 'European Inventor Award' Banner

    The PR agencies of the Corsican in Chief, who appears to be buying political support rather than earning any, are very busy this week, as yet another reputation laundering campaign kicks off



  8. Links 26/4/2017: SMPlayer 17.4.2, Libreboot Wants to Rejoin GNU

    Links for the day



  9. PatentShield is Not the Solution and It Won't Protect Google/Android From Patent Trolls Like Microsoft's

    A new initiative called "PatentShield" is launched, but it's yet another one of those many initiatives (Peer-to-Patent and the likes of it, LOT Network, OIN, PAX etc.) that serve to distract from the real and much simpler solutions



  10. Patent Quality Crisis and Unprecedented Trouble at the European Patent Office (EPO) Negatively Affect Legitimate Companies in the US As Well

    The granting en masse of questionable patents by the EPO (patent maximalism) is becoming a liability and growing risk to companies which operate not only in Europe but also elsewhere



  11. Blog 'Takeovers' by Bristows and Then Censorship: Now This Firm Lies About the Unitary Patent (UPC) and Then Deletes Comments That Point Out the Errors

    Not only are Bristows employees grabbing the mic in various high-profile IP blogs for the purpose of UPC promotion (by distortion of facts); they also actively suppress critics of the UPC



  12. Links 25/4/2017: Kali Linux 2017.1 Released, NSA Back Doors in Windows Cause Chaos

    Links for the day



  13. Astoundingly, IP Kat Has Become a Leading Source of UPC and Battistelli Propaganda

    The pro-UPC outlets, which enjoy EPO budget (i.e. stakeholders' money), are becoming mere amplifiers of Benoît Battistelli and his right-hand UPC woman Margot Fröhlinger, irrespective of actual facts



  14. EPO Fiasco to be Discussed in German Local Authority (Bavarian Parliament) Some Time Today as the Institution Continues Its Avoidable Collapse

    Conflict between management and staff -- a result of truly destructive strategies and violations of the law by Benoît Battistelli -- continues to escalate and threatens to altogether dismantle the European Patent Office (EPO)



  15. In the US and Elsewhere, Qualcomm's Software Patents Are a Significant Tax Everyone Must Pay

    The state of the mobile market when companies such as Qualcomm, which don't really produce anything, take a large piece of the revenue pie



  16. In South Asia, Old Myths to Promote Patent Maximalism, Courtesy of the Patent Microcosm

    The latest example of software patents advocacy and patent 'parades' in India, as well as something from IPOS in Singapore



  17. Links 24/4/2017: Linux 4.11 RC8, MPV 0.25

    Links for the day



  18. Why Authorities in the Netherlands Need to Strip the EPO of Immunity and Investigate Fire Safety Violations

    How intimidation and crackdown on the staff representatives at the EPO may have led to lack of awareness (and action) about lack of compliance with fire safety standards



  19. Insensitivity at the EPO’s Management – Part IX: Testament to the Fear of an Autocratic Regime

    A return to the crucial observation and a reminder of the fact that at the EPO it takes great courage to say the truth nowadays



  20. For the Fordham Echo Chamber (Patent Maximalism), Judges From the EPO Boards of Appeal Are Not Worth Entertaining

    In an event steered if not stuffed by patent radicals such as Bristows and Microsoft (abusive, serial litigators) there are no balanced panels or even reasonable discussions



  21. EPO Staff Representatives Fired Using “Disciplinary Committee That Was Improperly Composed” as Per ILO's Decision

    The Board of the Administrative Council at European Patent Organisation is being informed of the union-busting activities of Battistelli -- activities that are both illegal (as per national and international standards) and are detrimental to the Organisation



  22. Links 23/4/2017: End of arkOS, Collabora Office 5.3 Released

    Links for the day



  23. Intellectual Discovery and Microsoft Feed Patent Trolls Like Intellectual Ventures Which Then Strategically Attack Rivals

    Like a swarm of blood-sucking bats, patent trolls prey on affluent companies that derive their wealth from GNU/Linux and freedom-respecting software (Free/libre software)



  24. The European Patent Office Has Just Killed a Cat (or Skinned a 'Kat')

    The EPO’s attack on the media, including us, resulted in a stream of misinformation and puff pieces about the EPO and UPC, putting at risk not just European democracy but also corrupting the European press



  25. Yann Ménière Resorts to Buzzwords to Recklessly Promote Floods of Patents, Dooming the EPO Amid Decline in Patent Applications

    Battistelli's French Chief Economist is not much of an economist but a patent maximalist toeing the party line of Monsieur Battistelli (lots of easy grants and litigation galore, for UPC hopefuls)



  26. Even Patent Bullies Like Microsoft and Facebook Find the Patent Trial and Appeal Board (PTAB) Useful

    Not just companies accused of patent infringement need the PTAB but also frequent accusers with deep pockets need the PTAB, based on some new figures and new developments



  27. Links 21/4/2017: Qt Creator 4.2.2, ROSA Desktop Fresh R9

    Links for the day



  28. At the EPO, Seeding of Puff Piece in the Press/Academia Sometimes Transparent Enough to View

    The EPO‘s PR team likes to 'spam' journalists and others (for PR) and sometimes does this publicly, as the tweets below show — a desperate recruitment and reputation laundering drive



  29. Affordable and Sophisticated Mobile Devices Are Kept Away by Patent Trolls and Aggressors That Tax Everything

    The war against commoditisation of mobile computing has turned a potentially thriving market with fast innovation rates into a war zone full of patent trolls (sometimes suing at the behest of large companies that hand them patents for this purpose)



  30. In Spite of Lobbying and Endless Attempts by the Patent Microcosm, US Supreme Court Won't Consider Any Software Patent Cases Anymore (in the Foreseeable Future)

    Lobbyists of software patents, i.e. proponents of endless litigation and patent trolls, are attempting to convince the US Supreme Court (SCOTUS) to have another look at abstract patents and reconsider its position on cases like Alice Corp. v CLS Bank International


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