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. The Appeal Board (PTAB) and Federal Circuit (CAFC) Maintain Good Pace of Patent Elimination Where Scope Was Exceeded

    The Court of Appeals for the Federal Circuit (CAFC) continues to accept about 4 out of 5 decisions of the Patent Trial and Appeal Board (PTAB) and the US Supreme Court (SCOTUS) refuses to intervene



  2. Software Patents Are Ebbing Away, But the “Swamp” Fights Back and Hijacks the Word “Fix”

    The club of patent maximalists, or those who profit from excess prosecution and legal chaos, isn't liking what has happened in the United States and it wants everything reversed



  3. Report From Yesterday's Debate About the European Patent Office (EPO) at the Bavarian Landtag

    A report of the EPO debate which took place at the Bavarian Landtag yesterday (21/2/2017)



  4. Links 22/2/2017: Wine-Staging 2.2, Nautilus 3.24

    Links for the day



  5. French Politician Richard Yung Tells the Government About Abuses at the European Patent Office (EPO)

    The subject of EPO scandals has once again landed in French politics, just a couple of months since it last happened



  6. The Sickness of the EPO – Part II: Background Information and Insights

    With a privatised, in-house (sometimes outsourced and for-profit) force for surveillance, policing, justice, public relations and now medical assessment (mere vassals or marionettes of the management) the EPO serves to show that it has become indistinguishable from North Korea, where the Supreme Leader gets to control every single aspect (absolutely no separation of powers)



  7. EPO Cartoon/Caricature by KrewinkelKrijst

    A new rendition by Dutch cartoonist and illustrator KrewinkelKrijst



  8. Inverting Narratives: IAM 'Magazine' Paints Massive Patent Bully Microsoft (Preying on the Weak) as a Defender of the Powerless

    Selective coverage and deliberate misinterpretation of Microsoft's tactics (patent settlement under threat, disguised as "pre-installation of some of the US company’s software products") as seen in IAM almost every week these days



  9. The Sickness of the EPO – Part I: Motivation for New Series of Articles

    An introduction or prelude to a long series of upcoming posts, whose purpose is to show governance by coercion, pressure, retribution and tribalism rather than professional relationship between human beings at the European Patent Office (EPO)



  10. Insensitivity at the EPO’s Management – Part VII: EPO Hypocrisy on Cancer and Lack of Feedback to and From ECPC

    The European Cancer Patient Coalition (ECPC), which calls itself "the largest European cancer patients' umbrella organisation," fails to fulfill its duties, says a source of ours, and the EPO makes things even worse



  11. Links 21/2/2017: KDE Plasma 5.9.2 in Chakra GNU/Linux, pfSense 2.3.3

    Links for the day



  12. EPO Caricature: Battistelli's Wall

    Battistelli's solution to everything at the EPO is exclusion and barriers



  13. The 'New' Microsoft is Still Acting Like a Dangerous Cult in an Effort to Hijack and/or Undermine All Free/Open Source Software

    In an effort to combat any large deployment of non-Microsoft software, the company goes personal and attempts to overthrow even management that is not receptive to Microsoft's agenda



  14. PTAB Petitioned to Help Against Patent Troll InfoGation Corp., Which Goes After Linux/Android OEMs in China

    A new example of software patents against Free software, or trolls against companies that are distributing freedom-respecting software from a country where these patents are not even potent (they don't exist there)



  15. Links 20/2/2017: Linux 4.10, LineageOS Milestone

    Links for the day



  16. No, Doing Mathematical Operations on a Processor Does Not Make Algorithms Patent-Eligible

    Old and familiar tricks -- a method for tricking examiners into the idea that algorithms are actual machines -- are being peddled by Watchtroll again



  17. Paid-for UPC Proponent, IAM 'Magazine', Debunked on UPC Again

    The impact of the corrupted (by EPO money) media goes further than one might expect and even 'borrows' out-of-date news in order to promote the UPC



  18. Lack of Justice in and Around the EPO Drawing Scrutiny

    The status of the EPO as an entity above the law (in Germany, the Netherlands, Switzerland and so on) is becoming the subject of press reports and staff is leaving in large numbers



  19. Links 19/2/2017: GParted 0.28.1, LibreOffice Donations Record

    Links for the day



  20. The EPO is Becoming an Embarrassment to Europe and a Growing Threat to the European Union

    The increasingly pathetic moves by Battistelli and the ever-declining image/status of the EPO (only 0% of polled stakeholders approve Battistelli's management) is causing damage to the reputation of the European Union, even if the EPO is not a European Union organ but an international one



  21. Patent Misconceptions Promoted by the Patent Meta-Industry

    Cherry-picking one's way into the perception of patent eligibility for software and the misguided belief that without patents there will be no innovation



  22. As the United States Shuts Its Door on Low-Quality Patents the Patent Trolls Move to Asia

    Disintegration of Intellectual Ventures (further shrinkage after losing software patents at CAFC), China's massive patent bubble, and Singapore's implicit invitation/facilitation of patent trolls (bubble economy)



  23. Links 17/2/2017: Wine 2.2, New Ubuntu LTS

    Links for the day



  24. Bad Advice From Mintz Levin and Bejin Bieneman PLC Would Have People Believe That Software Patents Are Still Worth Pursuing

    The latest examples of misleading articles which, in spite of the avalanche of software patents in the United States, continue to promote these



  25. Patents Are Not Property, They Are a Monopoly, and They Are Not Owned But Temporarily Granted

    Patent maximalism and distortion of concepts associated with patents tackled again, for terminology is being hijacked by those who turned patents into their "milking cows"



  26. SoftBank Group, New Owner of ARM, Could Potentially Become (in Part) a Patent Troll or an Aggressor Like Qualcomm

    SoftBank grabbed headlines (in the West at least) when it bought ARM, but will it soon grab headlines for going after practicing companies using a bunch of patents that it got from Inventergy, ARM, and beyond?



  27. Technicolor, Having Turned Into a Patent Troll, Attacks Android/Tizen/Linux With Patents in Europe

    Technicolor, which a lot of the media portrayed as a patent troll in previous years (especially after it had sued Apple, HTC and Samsung), is now taking action against Samsung in Europe (Paris, Dusseldorf and Mannheim)



  28. Michelle Lee is Still “in Charge” of the US Patent System

    Contrary to a malicious whispering campaign against Lee (a coup attempt, courtesy of patent maximalists who make a living from mass litigation), she is still in charge of the USPTO



  29. Our Assessment: EPO Wants a Lot of Low-Quality Patents and Low-Paid Staff With UPC (Prosecution Galore)

    The European Patent Office seems to be less interested in examination and more interested in facilitating overzealous prosecution all across Europe and beyond; The Administrative Council has shown no signs that it is interested in profound changes, except those proposed by Battistelli in the face of growing resistance from staff and from ordinary stakeholders



  30. Links 16/2/2017: HITMAN for GNU/Linux, Go 1.8

    Links for the day


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