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

11.02.09

Microsoft Patent Traps and the Possible Looming End of Software Patents

Posted in Free/Libre Software, Law, Microsoft, Patents, Protocol at 6:20 am by Dr. Roy Schestowitz

ActiveSync logo joke

Summary: How Microsoft uses ActiveSync to shut out Free software with software patents; OOXML patents and other issues revisited; Bilski to be revisited by the Supremes, who can axe software patents in the United States

Microsoft’s plan for fighting Free software involves software patents that essentially impose a tax on use. One example of a software patents vector is ActiveSync, which we last wrote about right here, with other examples in [1, 2]. Now there is another Microsoft patent deal (ActiveSync), which serves the same agenda of imposing a tax on access to protocols. What will the European Commission say about that? Is it familiar with this issue already?

It happens to be a similar case with OOXML, which Microsoft knew all along had patent issues but kept them secret and lied to the public about them. Microsoft Nick is now showing that OOXML has other issues too; even users of Microsoft Office are unnecessarily facing barriers because Microsoft changed its proprietary formats.

Microsoft is optimizing its upcoming Office Web Apps for .docx, .pptx, and .xslx, which will boost the online accessibility of documents uploaded from users’ desktops—but in the process, perhaps making life more difficult for those using older versions of Office. During testing of the Web Apps technical preview, eWEEK found that documents with .xls and .ppt file extensions could not be edited through the browser, although they could still be viewed and downloaded.

Meet the OOXML upgrade treadmill. Many say that OOXML is about forced upgrades along with other tricks like breaking compatibility with rival office suites, all while pretending to have gone “open”. And again, what about the patents? OOXML remains a patent trap. Groklaw has just published an article that challenges Microsoft’s Bilski amicus brief, which is in favour of software patents of course.

I have noticed something about PDF the amicus brief from Microsoft, Philips and Symantec submitted to the US Supreme Court in the In re Bilski case. This amicus brief relies on a particular interpretation of the history of computing and on its own description of the inner workings of a computer to argue that software should be patentable subject matter. I argue that both the history and the description of the actual working of a computer is inaccurate.

The Supreme Court’s decision could put an end to software patenting in the United States and the hearing is very near. It’s only a week away.

The United States Supreme Court will hear a patent case on Nov. 9 that has implications for both method and software patents, and it has gained widespread attention from industry groups, professors and businesses looking to influence the high court’s thinking.

But at least one lawyer expects that the decision made in this case will not fix anything at the United States Patent and Trademark Office (USPTO).

Interestingly enough, the previous ruling on the Bilski case already kills software patents.

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 18/10/2018: New Ubuntu and Postgres

    Links for the day



  2. It's Almost 2019 and Team UPC is Still Pretending Unitary Patent (UPC) Exists, Merely Waiting for Britain to Join

    Refusing to accept that the Unified Patent Court Agreement (UPCA) has reached its death or is at a dead end, UPC proponents — i.e. lawyers looking to profit from frivolous litigation — resort to outright lies and gymnastics in logic/intellectual gymnastics



  3. IAM and IP Kat Are Still Megaphones of Battistelli and His Agenda

    IAM reaffirms its commitment to corrupt Battistelli and IP Kat maintains its stance, which is basically not caring at all about EPO corruption (to the point of actively deleting blog comments that mention such corruption, i.e. 'sanitising' facts)



  4. The EPO Under António Campinos Relaxes the Rules on Software Patenting and the Litigation 'Industry' Loves That

    EPO management, which is nontechnical, found new terms by which to refer to software patents -- terms that even the marketing departments can endorse (having propped them up); they just call it all AI, augmented intelligence and so on



  5. Links 17/10/2018: Elementary OS 5.0 “Juno” Released, MongoDB’s Server Side Public Licence

    Links for the day



  6. Improving US Patent Quality Through Reassessments of Patents and Courts' Transparency

    Transparency in US courts and more public participation in the patent process (examination, litigation etc.) would help demonstrate that many patents are being granted — and sometimes asserted — that are totally bunk, bogus, fake



  7. Ask OIN How It Intends to Deal With Microsoft Proxies Such as Patent Trolls

    OIN continues to miss the key point (or intentionally avoid speaking about it); Microsoft is still selling 'protection' from the very same patent trolls that it is funding, arming, and sometimes even instructing (who to pass patents to and sue)



  8. Links 1610/2018: Linux 4.19 RC8, Xfce Screensaver 0.1.0 Released

    Links for the day



  9. Judge-Bashing Tactics, Undermining PTAB, and Iancu's Warpath for the Litigation and Insurance 'Industries'

    Many inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) leverage 35 U.S.C. § 101 against software patents; instead of putting an end to such patents Director Iancu decides to just serve the 'industry' he came from (a meta-industry where his firm had worked for Donald Trump)



  10. 'Cloud', 'AI' and Other Buzzwords as Excuses for Granting Fake Patents on Software

    With resurgence of rather meaningless terms like so-called 'clouds' (servers/hosting) and 'AI' (typically anything in code which does something clever, including management of patents) the debate is being shifted away from 35 U.S.C. § 101 (Section 101); but courts would still see past such façade



  11. Corporate Media's Failure to Cover Patents Properly and Our New Hosting Woes

    A status update about EPO affairs and our Web host's plan to shut down (as a whole) very soon, leaving us orphaned or having to pay heavy bills



  12. Links 15/10/2018: Testing Ubuntu 18.10 Release Candidates, KaOS 2018.10 Released

    Links for the day



  13. USPTO FEES Act/SUCCESS Act Gives More Powers to Director Iancu, Supplying Patents for Litigation 'Business' and Embargo (ITC)

    Corruption of the US patent system contributes to various issues which rely on the extrajudicial nature of some elements in this system; companies can literally have their products confiscated or imports blocked, based on wrongly-granted patents



  14. Court of Appeals for the Federal Circuit Decides That USPTO Wrongly Granted Patents to Roche

    Patent quality issues at the U.S. Patent and Trademark Office (USPTO) — motivated by money rather than common sense — continue to be highlighted by courts; the USPTO needs to raise the bar to improve the legal certainty associated with US patents



  15. Even Judge Gilstrap From Texas is Starting to Accept That Software Patents Are Invalid

    Amid new lawsuits from Texas (e.g. against Citrix) we’re pleased to see that even “reprehensible” Rodney Gilstrap (that’s what US politicians call him) is learning to accept SCOTUS on 35 U.S.C. § 101



  16. Federal Circuit Doubles Down on User Interface Patents, Helps Microsoft-Connected Patent Trolls Curtail the Prime Competitor of Microsoft Office

    Patent trolls that are connected to Microsoft continue to sue Microsoft rivals using old patents; this time, for a change, even the Federal Circuit lets them get away with it



  17. Let's Hope Apple Defeats All the Abstract Patents That Are Leveraged Against It

    Apple can be viewed as a strategic 'ally' against patents that threaten Android/Linux if one ignores all the patent battles the company started (and has since then settled) against Android OEMs



  18. EPO Insider/Märpel Says President Campinos Already Acts Like Battistelli

    Unitary Patent (UPC) is a step towards making the EPO an EU institution like the European Union Intellectual Property Office (EUIPO); but it's not making any progress and constitutional judges must realise that Campinos, chosen by Battistelli to succeed him, is just an empty mask



  19. Quality of Patents Granted by the EPO is Still Low and Nobody Will Benefit Except Lawyers, Jubilant Over Growing Lenience on Software Patents

    Deterioration of patent quality at the EPO — a serious problem which examiners themselves are complaining about — is becoming rather evident as new guidelines are very lenient on software patenting



  20. 100 Days Into the Term of Campinos There is Already an EPO Suicide

    A seventh known suicide at the EPO since the so-called 'reforms' began; the EPO continues to pretend that everything is changing for the better, but in reality it's yet more nepotism and despotism



  21. Links 13/10/2018: Ubuntu Touch OTA-5, MidnightBSD 1.0 Ready

    Links for the day



  22. Links 11/10/2018: PostgreSQL 11 RC1 Released, Librem 5 Loves GNOME 3.32

    Links for the day



  23. Friend Brings a Friend, Boss Becomes Subordinate: the EPO Under António Campinos is Starting to Look a Lot Like Team Battistelli 2.0

    The new President of the EPO contributes to the perception that the Office is a rogue institution. Governance is all in reverse at the Office because it still seems like the Office President bosses the Council rather than be bossed by it (as intended, as per the EPC)



  24. UPC Cowardice: Team UPC Uses Cloaks of Anonymity to Discredit Authors of Scholarly UPC Paper They Don't Like

    Team UPC has sunk to the bottom of the barrel; now it uses anonymous letters in an effort to discredit work of Max Planck Institute staff, in the same way (more or less) that ad hominem attacks were attempted against the filer of the constitutional complaint in Germany



  25. New EPO Guidelines: Granting European Patents on Business Methods, Algorithms, Mental Acts and Other Abstract Stuff

    Keeping so-called 'production' high and meeting so-called 'targets' (allegedly set by Battistelli), Campinos relaxes the rules for "computer-implemented inventions" (one among many misleading terms that mean software patents in Europe)



  26. Open Invention Network is a Proponent of Software Patents -- Just Like Microsoft -- and Microsoft Keeps Patents It Uses to Blackmail Linux Vendors

    OIN loves Microsoft; OIN loves software patents as well. So Microsoft's membership in OIN is hardly a surprise and it's not solving the main issue either, as Microsoft can indirectly sue and "Microsoft has not included any patents they might hold on exfat into the patent non-aggression pact," according to Bradley M. Kuhn



  27. Links 10/10/2018: Unreal Engine 4.21 Preview, Red Hat Openshift Container Platform 3.11

    Links for the day



  28. Links 9/10/2018: Plasma 5.14, Flatpak 1.2 Plan

    Links for the day



  29. Greg Reilly Inadvertently Makes a Case for Replacing/Improving the Patent System With a Wiki, Editable by All as Society Moves Forward

    Editable patents make a lot more sense in the age of the Internet and the World Wide Web; companies that rode the wave of the Net are themselves changing their patents on the go, sometimes because they simply attempt to dodge an evolving patenting criterion which nowadays looks down on software patents



  30. The USPTO's Principal Issue is Abstract Patents (or Patent Scope), Not Prior Art Searches

    In spite of the fact that US courts prolifically reject patents for being abstract (citing 35 U.S.C. § 101) Cisco, Google, MIT, and the USPTO go chasing better search facilities, addressing the lesser if not the wrong problem


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