05.02.08
Posted in Microsoft, Novell, Deals, Patents, Kyocera Mita at 5:06 am by Roy Schestowitz
Minor observation relating to corporate relationships
Among the companies which foolishly signed a software patent deal with Microsoft we have Novell and Kyocera-Mita. Both deals involved Linux specifically. We previously highlighted a connection between Kyocera-Mita and Novell and later showed how Sanyo potentially fits into this picture. Another connection between Kyocera-Mita and Novell — or at least some more clues — can be found in this new press release that announces imaginary property being passed from Peerless to Kyocera-Mita, namely:
Peerless also maintains strategic partnerships with Adobe and Novell. For more information, visit Peerless’ web site at www.peerless.com.
[…]
Such risks and uncertainties include, among other things, changing competitive and market conditions, our reliance on certain OEM customers for significant portions of our revenues, the sufficiency of our capital resources, any adverse change in our relationship with Adobe Systems Incorporated and/or Novell, Inc, increased competition both from in-house OEM products and low cost offshore competitors, the impact of Microsoft’s Vista(TM) operating system, reduced demand for our existing monochrome technologies or other products, the rapid changes taking place in the emerging color print devices markets, our ability to realize contract backlog, our ability to identify new customers or place our technology in a broader base of products, our ability to leverage core competencies and find product segments that blend well with our core business, our ability to successfully enter new software application sectors, our ability to maintain our profit objectives and create compelling margins, the tenure of the competitive advantage of our old and new technologies, our reliance on block licensing, our ability to develop and market our advanced devices and software, the validity and protection of our intellectual property rights, risks associated with international business activities, our reliance on key personnel and our board of directors and our ability to execute our business plan and strategic partnering transactions.
This is nothing of great significance, but we have it recorded in case it will come handy in the future. █
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01.12.08
Posted in Boycott Novell, Formats, Microsoft, Apple, Novell, Patents, ISO, Samsung, xandros, Linspire, Turbolinux, Scalix, OSI, Kyocera Mita at 1:29 am by Roy Schestowitz
Wired Magazine contains a nice new item in its blog. It talks about attempts to assimilate and become part of the “open everything” movement for personal gains and without any true openness. Microsoft, unsurprisingly, is listed as an excellent example (more information in the links at the bottom).
1. Joining an ‘Openness’ Consortium…
2. Creating an Arbitrarily Open Standard…
3. Rebranding Existing Features…
4. Buying Into (and Locking Up) an Existing Open Standard
Big businesses are great at jumping on bandwagons. But even when they chase a revolutionary idea like openness, it’s only a matter of time before it’s back to business as usual. Take for instance Microsoft’s foray into Linux territory. The software giant wet its beak in the open source movement by partnering with Novell to distribute its own version of the operating system. But after briefly playing nice, Redmond went on a saber rattling campaign claiming that Linux violates 235 of its patents. Guess who Microsoft granted amnesty from its would-be legal assault? That’s right — Linux users who had bought into Microsoft’s version of “openness”.
Novell, Scaled & Xandros, Linspire, Turobolinux, Samsung, Kyocera Mita, Fuji Xerox, LG, the OSI, Corel, ISO, Apache, Zend, XenSource (Citrix), CIsco and Apple ought to pay attention to the text above.█
Related posts:
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01.10.08
Posted in Microsoft, GNU/Linux, Novell, Deals, Patents, Kyocera Mita at 9:55 pm by Roy Schestowitz
(Both Have Linux Patent Deals with Microsoft)
The following is a minor observation based on a new press release (appended below) from Kyocera Mita, which signed a patent deal with Microsoft. The press release accompanying Microsoft’s deal with Kyocera Mita mentioned Linux explicitly, which makes products from Kyocera Mita what shall be referred to as “Ballnux” (a suggestion made by a reader as a consistent term for Linux products that pay Steve Ballmer a ‘tax’ for mythical obligations).
As you can see near the bottom, a company that Kyocera Mita is acquiring has a partnership with Novell, which itself has a deal with Microsoft.
Peerless’ customer base includes companies such as Canon, IBM, Konica Minolta, Kyocera Mita, Lenovo, OkiData, Ricoh, RISO, Seiko Epson and Xerox. Peerless also maintains strategic partnerships with Adobe and Novell. For more information, visit Peerless’ web site at www.peerless.com.
This is indeed minor, but it may be worth filing here regardless, at least for future reference. █
Kyocera Mita Corporation Sets Stage for Aggressive Document Solutions Technology Development Through Strategic Acquisition of Peerless’ Intellectual P
Friday January 11 12:00 AM
Kyocera Mita Corporation (www.kyoceramita.com), a group company of
Kyocera Corporation, and one of the world’s largest manufacturers of
office information equipment, including network-ready digital
multifunctional products (MFPs) and printers, is acquiring $37 million
USD in intellectual property (IP) and assets of Peerless Systems
Corporation, as part of a strategic move to expand its global market
share, as well as accelerate and strengthen its technological
development.
Through its award-winning ECOSYS technology, Kyocera Mita
manufacturers and markets document solutions proven to be one of the
most reliable, durable and cost efficient products in the industry. By
incorporating Peerless’ IP and R&D directly within its own operations,
Kyocera Mita will strengthen its competitive position and deliver
additional product value and higher customer satisfaction to the
end-user.
“We believe there are untapped, strategic opportunities to better
serve today’s demanding business customer which can be captured
through the advent of emerging printing technologies,” said Katsumi
Komaguchi, president, Kyocera Mita Corporation. “Although we have been
a collaborative partner of Peerless Systems for years, we can now more
fully leverage such technologies, and the skills of the engineers who
helped develop them, through the elevated position of operational
strength this acquisition brings us.”
The company said it expects to announce new high speed color
printers and MFPs based upon its acquisition in this year, and will
continue to consider alternative software technologies based on
customer demand. In the meantime, Peerless will continue to serve
current and prospective OEM customers, as well as develop new IP for
use in future products and services, under terms of the agreement.
“The business value of this engagement goes far beyond the IP and
patents being added to Kyocera Mita’s portfolio,” said Michael
Pietrunti, president and CEO, Kyocera Mita America. “We are
strengthening our entire R&D process and pipeline to better compete in
a crowded, commoditized market - the results of which will provide a
higher degree of value and overall satisfaction for the end-user.”
The Peerless transaction is scheduled to close before June 30,
2008, and is subject to certain conditions including shareholder
approval. Kyocera Mita plans to transfer approximately 40 Peerless
employees who have been involved in the development of Kyocera Mita’s
products. This team will report to Atsushi Yuki, president of Kyocera
Technology Development, Inc., a research, design and testing facility
of controller technology and printing software for Kyocera printers
and multifunctional devices, and a subsidiary of Kyocera Mita America,
Inc.
The transaction includes all IP and assets relative to Peerless’
digital imaging software offerings, as well as all of Peerless’
patents and specific fixed assets.
ABOUT KYOCERA MITA CORPORATION
Kyocera Mita manufactures and markets black & white and color
digital copiers, network-ready multifunctional devices and laser
printers as well as a range of wide-format imaging products. It also
offers a portfolio of software and network solutions.
Kyocera’s ECOSYS Technology provides customers with print
solutions that incorporate long-life components, which reduce the need
to replace the drum and other image forming parts. This technology
delivers a number of benefits: improved reliability, reduced
environmental impact and the lowest TCO in the printer industry.
Combining these hardware strengths with the latest digital and network
technologies, Kyocera Mita assists businesses of all sizes to maximize
value and improve their document management processes.
Kyocera Mita is a wholly owned subsidiary of the Kyocera
Corporation. The Kyocera Group dedicates its resources to the
development of its businesses across three broad sectors: Information
and Communications, Environmental Preservation and Quality of Life.
Kyocera Mita, as a document solutions provider, is a core company in
the Information and Communications sector. Also, its development of
long-life component technology means it is an important part of
Kyocera’s Environmental Preservation sector.
ABOUT PEERLESS SYSTEMS CORPORATION
Founded in 1982, Peerless Systems Corporation is a provider of
imaging and networking technologies and components to the digital
document markets, which include manufacturers of color, monochrome and
multifunction office products and digital appliances. In order to
process digital text and graphics, digital document products rely on a
core set of imaging software and supporting electronics, collectively
known as an imaging controller. Peerless’ broad line of scalable
software and silicon offerings enables its customers to shorten their
time-to-market and reduce costs by offering unique solutions for
multiple products. Peerless’ customer base includes companies such as
Canon, IBM, Konica Minolta, Kyocera Mita, Lenovo, OkiData, Ricoh,
RISO, Seiko Epson and Xerox. Peerless also maintains strategic
partnerships with Adobe and Novell. For more information, visit
Peerless’ web site at www.peerless.com.
Safe Harbor Statement Under The U.S. Private Securities Litigation
Reform Act Of 1995
Statements made by us in this press release that are not
historical facts constitute “forward-looking statements” within the
meaning of Section 27A of the Securities Act of 1933 and Section 21E
of the Securities Exchange Act of 1934. These forward-looking
statements are necessarily estimates reflecting the best judgment of
our senior management based on our current estimates, expectations,
forecasts and projections and include comments that express our
current opinions about trends and factors that may impact future
operating results. Statements that use words such as we “believe,”
“anticipate,” “estimate,” “intend,” “could,” “plan,” “expect,”
“project,” “predict,” “forecast,” “outlook,” “potential,” “continue,”
“may,” “future,” “can,” “enhance,” and “should,” or the negative of
these, as well as similar expressions, can be used to identify
forward-looking statements. These statements are not guarantees of
future performance, rely on a number of assumptions concerning future
events, many of which are outside of our control, and involve known
and unknown risks and uncertainties that could cause our actual
results, performance or achievements, or industry results, to differ
materially from any future results, performance or achievements,
expressed or implied by such forward-looking statements. Such risks
and uncertainties include, among other things, changing competitive
and market conditions, our reliance on certain OEM customers for
significant portions of our revenues, the sufficiency of our capital
resources, any adverse change in our relationship with Adobe Systems
Incorporated and/or Novell, Inc, increased competition both from
in-house OEM products and low cost offshore competitors, the impact of
Microsoft’s Vista(TM) operating system, reduced demand for our
existing monochrome technologies or other products, the rapid changes
taking place in the emerging color print devices markets, our ability
to realize contract backlog, our ability to identify new customers or
place our technology in a broader base of products, our ability to
leverage core competencies and find product segments that blend well
with our core business, our ability to successfully enter new software
application sectors, our ability to maintain our profit objectives and
create compelling margins, the tenure of the competitive advantage of
our old and new technologies, our reliance on block licensing, our
ability to develop and market our advanced devices and software, the
validity and protection of our intellectual property rights, risks
associated with international business activities, our reliance on key
personnel and our board of directors and our ability to execute our
business plan and strategic partnering transactions.
The above risks, and others, are described in further detail in
our reports filed with the Securities and Exchange Commission,
including, but not limited to, those described under “Item 1A. Risk
Factors” in our most recent Annual Report on Form 10-K for the fiscal
year ended January 31, 2007, filed on April 13, 2007, and those
described under “Item 1A. Risk Factors” in the most recent Quarterly
Report on Form 10-Q for the quarter ended July 31, 2007, filed
September 10, 2007.
Current and prospective stockholders are urged not to place undue
reliance on forward-looking statements, which speak only as of the
date hereof. We are under no obligation, and expressly disclaim any
obligation, to update or alter any forward-looking statements, whether
as a result of new information, future events or otherwise. All
forward-looking statements contained herein are qualified in their
entirety by the foregoing cautionary statements.
Contact:
Kyocera Mita Corporation
T.Kawasaki, +81-6-6764-3515
c-com@kyoceramita.co.jp
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11.17.07
Posted in Microsoft, Hardware, Videos, Patents, GPL, Patent Covenant, IBM, Samsung, Fuji Xerox, LG, Kyocera Mita at 8:39 pm by Roy Schestowitz
Addressing a common misconception…
The Linux kernel is clearly a piece of software that is not built to integrally operate with a particular device. To be more precise, it is not implemented to achieve a particular physical process. Several months ago in court proceedings, a Microsoft lawyer explicitly said that a device needs to be involved in order for a patent to be valid. That was Microsoft arguing that software patents as we know them should be considered invalid. This happened in a US court of law. Shane and I recorded this dialogged and had this mentioned before.
The following new article from The Register talks about arguments involving the British patent system. Let it be repeated that software patents are not valid in the UK and here is a more precise explanation.
“The UK IPO’s position is that only when the patented item and its software are combined, when you are dealing with the whole package, are they offered protection,” he told us.
This leads back to discussions about the most recent patent deal which involves embedded Linux. One discussion went on to asking whether the LG, Samsung, Fuji Xerox, and Kyocera Mit deals actually mean anything to Linux. Matt Asay, who started his OSS/Linux-oriented career when he worked at Lineo (embedded Linux), rebuts and clarifies.
I doubt Microsoft has been any more forthcoming in private about its patent claims than it has in public. I used to work for a large Japanese company (Mitsui & Co.). I also used to work for an embedded Linux vendor. Between the two roles I discovered that Japanese electronics companies use a lot of Linux and they’re also very conservative.
Mix the two together, with a finger-pointing, brash American FUD-meister like Microsoft, and you get a patent deal. I don’t think there’s much more to it than that.
Regardless, Linux had a strong toehold in embedded Linux before Microsoft even thought of being relevant there. If nothing else, I’m guessing any claims around embedded Linux would be swatted down on prior art (whether that’s from Linux or VxWorks, pSOS, etc.).
As further evidence and information about this consider:
That last item is very interesting in retrospect, due to FSF/Microsoft disagreement that soon followed.
In the following new video, Eben Moglen says more about the GPLv3, but he also talks about software, hardware, and patents.
I just got a note from Joe Latone of IBM Research that brought the happy news that the video of Eben Moglen’s talk Copyleft Capitalism, GPLv3 and the Future of Software Innovation, given at at IBM Research on October 29, 2007, is now available online
Embedded stream below, if you have Adobe Flash (link for gnash users is provided above).
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11.16.07
Posted in Microsoft, GNU/Linux, Novell, Intellectual Property, Patents, Patent Covenant, Google, Interview, Kyocera Mita at 10:21 pm by Roy Schestowitz
The new interview with Bill Hilf, whom we do not consider trustworthy, says quite a bit about Microsoft’s tactics and its future plans. Don’t listen only to what Microsoft tells you, but ask yourself what it is not telling you. The same goes for Novell and the rest of the Microsoft apologists.
From the interview:
The real value of open source from Microsoft is understanding how community developed software can happen on our platform and help grow our business as well as the open source community, which is how we started off on this whole path of launching things like Port25 and CodePlex, and which is why I submitted the licenses to the OSI.
Here is what Groklaw says: “See? I told you. They are trying to get the community to divide up into Red Hat and the GPL and Novell and others who will help them compete against Red Hat. Very nice. Not. Why would anyone help them?”
That is precisely what we have argued all along. Novell is dividing the community along with Microsoft. It is not Web sites such as this which lead to division. Microsoft had all of this planned and Novell took a lot of money to be part of Microsoft’s game. Even smaller companies, as we have seen a few days ago, are lending a hand to Microsoft’s claims that it owns part of Linux (intellectual property). Keep an eye on Google’s Android because Microsoft has some plans.
The question, of course, is why Kyocera Mita would need a patent from Microsoft to enhance products built on embedded Linux. Is it adding proprietary Microsoft technology on top of embedded Linux?
Could be…
Or is this a case of Kyocera Mita accepting a claim by Microsoft that embedded Linux is among the 235 open source technologies Microsoft insists it owns.
Microsoft had a key idea. It’s the idea that if you fool, terrorise and even bribe enough companies, then market perceptions can be changed and rules be rewritten to benefit Microsoft. The least one can do is prevent Microsoft from rewriting the laws by shunning those who assist Microsoft.
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Highlight: Novell was the first to acknowledge that Microsoft FUD tactics had substance. Novell then used anti-Linux FUD to market itself. 
Highlight: Xandros let Microsoft make patent claims and brag about (paid-for) OOXML support. 
Highlight: Linspire's CEO not only fell into Microsoft arms, but he also assisted the company's attack on GNU/Linux. 
Highlight: Microsoft craves pseudo (proprietary) standards and gets its way using proxies and influence which it buys. 
Highlight: The invasion into the open source world is intended to leave Linux companies neglected, due to financial incentives from Microsoft. 
Analysis: Xen, an open source hypervisor, possibly fell victim to Microsoft's aggressive (and stealthy) acquisition-by-proxy strategy.