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

03.22.10

Microsoft and Apple Still Intend to Use Software Patents Against GNU/Linux

Posted in Apple, Free/Libre Software, GNU/Linux, Microsoft, Patents at 8:10 am by Dr. Roy Schestowitz

Paper pile
Make patents, not software

Summary: The latest developments which involve Apple’s and Microsoft’s agenda, with patents that help marginalise Free software

Apple’s anti-Android/Linux lawsuit [1, 2, 3, 4, 5, 6] is supported by Microsoft [1, 2, 3], which keeps suggesting that that there might be more lawsuits on their way. The proprietary software giants use software patents against the common idealogical enemy, GNU/Linux. The Register says that battle lines are drawn in Apple-Google warfare and Microsoft’s booster Brier Dudley says that Microsoft is getting closer to Apple. This is Dudley’s second article on this subject this month. “Road map for you,” writes Pamela Jones in relation to the latter among his articles, “proprietary closed v. open source, aka old v. new.”

Yes, Apple is the old. It insists on primitive devices, as we last showed yesterday. It makes technology that disables rather than enables.

Yesterday we wrote about Apple’s "mobile social networking" patent (same post as above) and now we find this:

Google, Apple and Microsoft Target Social Media

[...]

Apple, Google and Microsoft are desperate to find a place in this market and are trying to enhance their social networking position in various ways.

Social networking is important to them also because of AstroTurfing, which both companies (Apple and Microsoft at least) refer to as “evangelism”. They are paying outside agencies to have people leave comments in social networks. Apple uses fake hype and fake "leaks" and Microsoft follows these footsteps. We have covered many examples of fake Microsoft “leaks” in recent months.

“Microsoft wanted to become a patent licensing company rather than a software company because the landscape had changed and Microsoft could not quite compete based on cost anymore.”Apple and Microsoft are both pursuing a strategy whereby patents — not software — are sold as a product. Microsoft's patent troll Nathan Myhrvold (who receives investments also from Apple) said that “intellectual property is the next software.” That’s just their vision of the software industry. By “intellectual property” he means software patents, not copyrights. As we showed last week, he continues to extort businesses secretly and Microsoft sells access to its patent portfolio as though “protection money” is merchandise now. We repeatedly warned about this in 2007. Microsoft wanted to become a patent licensing company rather than a software company because the landscape had changed and Microsoft could not quite compete based on cost anymore.

“Google, Microsoft, [and] Yahoo [Are] Granted Similar Patents,” argues this article. There is just too much room for overlap in software patents, which makes it a nightmare to write programs (either Free or proprietary).

Three patents granted Tuesday to Google, Microsoft and Yahoo describe how each search engine might take a close look at page addresses, or URLs on dynamic Web sites, which can often include large amounts of information, Bill Slawski tells us.

This whole game is just a matter of throwing money at filing of papers and paying lawyers to claim credit for unclaimed algorithms (never mind prior art, as Microsoft has an internal policy of never looking at patents when implementing something, either).

“Patents are strategy of filing, not inventing.”Seattle’s Microsoft boosters are raving about meaningless numbers of patents [1, 2] and use these to glorify their beloved monopolist that uses racketeering [1, 2, 3, 4, 5, 6, 7] to compete against superior software such as GNU/Linux.

Microsoft’s booster Preston Gralla [1, 2] deliberately misleads by equating patents to “invention”. There is similar praise from patent lawyers/maximalists at IAM, who are repeating the same tired old myths

Microsoft’s entire history is one of taking other people's ideas, shamelessly copying them without admission. Patents are strategy of filing, not inventing.

Here is a biased new poll from Microsoft Nick and the Microsoft fans who read his blog that he runs at the moment (it passes from hand to hand). He asks: “Does Microsoft respect others’ intellectual property?” Given the obvious bias of this population of readers over there (Microsoft blog in Seattle), the answers will be meaningless and cannot be extrapolated. If one looks for an example that the Seattle ‘press’ reports PR and spin, this new example is it [1, 2].

Microsoft is increasingly resorting to patents as a business strategy and this is actually a sign of weakness, meaning the products are not strong enough to stand on their own. Someone should tell David Kappos that his patent system is being used to suppress software development rather than promote any. Here is the next chance to speak to him (New York Law School).

“What do they [Microsoft] care if you can view the code, so long as you have to pay them for the patents?”
      –Pamela Jones, Groklaw
Despite Microsoft’s patent war against Free software, IDG’s Microsoft-boosting corner keeps spinning it as though Microsoft is playing “nice” with F/OSS. What utter nonsense. Referring to this article which quotes Microsoft’s McKee as saying that he feels “strongly that Microsoft’s success has been based on the fact that we can run a lot of diverse technologies on the Microsoft platform including open source,” Pamela Jones writes in Groklaw: “See? Just like Ballmer said. They want Open Source apps to run on Windows instead of on Linux. It’s just a teensy bit evil, in Microsoft usual style.They’ll play nice, until they feel they can destroy Linux with patents. What do they care if you can view the code, so long as you have to pay them for the patents?

The other day we wrote about Microsoft's very active lobby for software patents in Europe. One knowledgeable source tells that “it is interesting that the Irish commissioner continues the pro-patent “saga” of her precedent McCreevy. Luckily from a much powerless DG than Internal Market.

“It seems that the Ireland Gov. continues working for Microsoft as in previous legislature usually.”

In relation to Microsoft’s announcement about hardware-accelerated HTML5, Jones wrote: “I gather they want to be on the iPhone and iPad. And their definition of “interoperability” is you can use their stuff easier, which matches the goal Steve Ballmer set for “Open Source”, that it all run on Windows instead of the Linux kernel.”

“I would love to see all open source innovation happen on top of Windows.”

Steve Ballmer, Microsoft CEO

“It puts the Linux phenomenon and the Unix phenomenon at the top of the list.”

Steve Ballmer

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

A Single Comment

  1. uberVU - social comments said,

    March 25, 2010 at 2:31 am

    Social comments and analytics for this post…

    This post was mentioned on Identica by schestowitz: #Microsoft and #Apple Still Intend to Use Software Patents Against #GNU #Linux http://ur1.ca/r4ij #swpats #europe #google…

What Else is New


  1. PTAB is Safe, the Patent Extremists Just Try to Scandalise It Out of Sheer Desperation

    The Leahy-Smith America Invents Act (AIA), which gave powers to the Patent Trial and Appeal Board (PTAB) through inter partes reviews (IPRs), has no imminent threats, not potent ones anyway



  2. Update on the EPO's Crackdown on the Boards of Appeal

    Demand of 35% increases from the boards serves to show that Battistelli now does to the 'independent' judges what he already did to examiners at the Office



  3. The Lobbyists Are Trying to Subvert US Law in Favour of Patent Predators

    Mingorance, Kappos, Underweiser and other lobbyists for the software patents agenda (paid by firms like Microsoft and IBM) keep trying to undo progress, notably the bans on software patents



  4. Patent Trolls Based in East Texas Are Affected Very Critically by TC Heartland

    The latest situation in Texas (United States District Court for the Eastern District of Texas in particular), which according to new analyses is the target of legal scrutiny for the 'loopholes' it provided to patent trolls in search of easy legal battles



  5. Alice Remains a Strong Precedential Decision and the Media Has Turned Against Software Patents

    The momentum against the scourge of software patents and the desperation among patent 'professionals' (people who don't create/develop/invent) is growing



  6. Harm Still Caused by Granted Software Patents

    A roundup of recent (past week's) announcements, including legal actions, contingent upon software patents in an age when software patents bear no real legitimacy



  7. Links 18/11/2017: Raspberry Digital Signage 10, New Nano

    Links for the day



  8. 23,000 Posts

    23,000 blog posts milestone reached in 11 years



  9. BlackBerry Cannot Sell Phones and Apple Looks Like the Next BlackBerry (a Pile of Patents)

    The lifecycle of mobile giants seems to typically end in patent shakedown, as Apple loses its business to Android just like Nokia and BlackBerry lost it to Apple



  10. EFF and CCIA Use Docket Navigator and Lex Machina to Identify 'Stupid Patents' (Usually Software Patents That Are Not Valid)

    In spite of threats and lawsuits from bogus 'inventors' whom they criticise, EFF staff continues the battle against patents that should never have been granted at all



  11. The Australian Productivity Commission Shows the Correct Approach to Setting Patent Laws and Scope

    Australia views patents on software as undesirable and acts accordingly, making nobody angry except a bunch of law firms that profited from litigation and patent maximalism



  12. EPO 'Business' From the United States Has Nosedived and UPC is on Its Death Throes

    Benoît Battistelli and Elodie Bergot further accelerate the ultimate demise of the EPO (getting rid of experienced and thus 'expensive' staff), for which there is no replacement because there is a monopoly (which means Europe will suffer severely)



  13. Links 17/11/2017: KDE Applications 17.12, Akademy 2018 Plans

    Links for the day



  14. Today's EPO and Team UPC Do Not Work for Europe But Actively Work Against Europe

    The tough reality that some Europeans actively work to undermine science and technology in Europe because they personally profit from it and how this relates to the Unitary Patent (UPC), which is still aggressively lobbied for, sometimes by bribing/manipulating the media, academia, and public servants



  15. Links 16/11/2017: WordPress 4.9 and GhostBSD 11.1 Released

    Links for the day



  16. The Staff Union of the EPO (SUEPO) is Rightly Upset If Not Shocked at What Battistelli and Bergot Are Doing to the Office

    The EPO's dictatorial management is destroying everything that's left (of value) at the Office while corrupting academia and censoring discussion by threatening those who publish comments (gagging its own staff even when that staff posts anonymously)



  17. EPO Continues to Disobey the Law on Software Patents in Europe

    Using the same old euphemisms, e.g. "computer-implemented inventions" (or "CII"), the EPO continues to grant patents which are clearly and strictly out of scope



  18. Links 16/11/2017: Tails 3.3, Deepin 15.5 Beta

    Links for the day



  19. Benoît Battistelli and Elodie Bergot Have Just Ensured That EPO Will Get Even More Corrupt

    Revolving door-type tactics will become more widespread at the EPO now that the management (Battistelli and his cronies) hires for low cost rather than skills/quality and minimises staff retention; this is yet another reason to dread anything like the UPC, which prioritises litigation over examination



  20. Australia is Banning Software Patents and Shelston IP is Complaining as Usual

    The Australian Productivity Commission, which defies copyright and patent bullies, is finally having policies put in place that better serve the interests of Australians, but the legal 'industry' is unhappy (as expected)



  21. Patent Trial and Appeal Board (PTAB) Defended by Technology Giants, by Small Companies, by US Congress and by Judges, So Why Does USPTO Make It Less Accessible?

    In spite of the popularity of PTAB and the growing need/demand for it, the US patent system is apparently determined to help it discriminate against poor petitioners (who probably need PTAB the most)



  22. Declines in Patent Quality at the EPO and 'Independent' Judges Can No Longer Say a Thing

    The EPO's troubling race to the bottom (of patent quality) concerns the staff examiners and the judges, but they cannot speak about it without facing rather severe consequences



  23. The EPO is Now Corrupting Academia, Wasting Stakeholders' Money Lying to Stakeholders About the Unitary Patent (UPC)

    The Unified Patent Court/Unitary Patent (UPC) is a dying project and the EPO, seeing that it is going nowhere fast, has resorted to new tactics and these tactics cost a lot of money (at the expense of those who are being lied to)



  24. Links 15/11/2017: Fedora 27 Released, Linux Mint Has New Betas

    Links for the day



  25. Patents Roundup: Packet Intelligence, B.E. Technology, Violin, and Square

    The latest stories and warnings about software patents in the United States



  26. Decline of Skills Level of Staff Like Examiners and Impartiality (Independence) of Judges at the EPO Should Cause Concern, Alarm

    Access to justice is severely compromised at the EPO as staff is led to rely on deficient tools for determining novelty while judges are kept out of the way or ill-chosen for an agenda other than justice



  27. Links 14/11/2017: GNU/Linux at Samsung, Firefox 57 Quantum

    Links for the day



  28. Microsoft: Sheltering Oneself From Patent Litigation While Passing Patents for Trolls to Attack GNU/Linux

    Another closer look at Provenance Asset Holdings and what exactly it is (connection to AST, part of the cartel Microsoft subsidises to shield itself)



  29. The Patent Trolls' Lobby is Losing the Battle for Europe

    The situation in Europe is looking grim for patent trolls, for their policies and the envisioned system (which they lobbied for) isn't coming to fruition and their main casualty is the old (and functioning) EPO



  30. Unitary Patent (UPC) is Dead to the EPO and ANSERA is Not the Answer as Patent Quality Declines and Talented Staff Leaves

    EPOPIC comes to an end and the EPO does not mention the UPC 'content' in it; ANSERA, in the meantime, raises more questions than it answers and IP Kat makes a formal query


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