Bonum Certa Men Certa

Patents Roundup: Microsoft, Free Software Innovations and Impending Changes to Patent Law

"If I have seen further it is by standing on the shoulders of giants," Sir Isaac Newton (1642-1727)

Newton's Cradle
Newton's Cradle



Microsoft continues to upset with its infatuation of everything "invention" or "innovation". While Gates and Myhrvold patent everything under the sun (for vanity and profit), other Microsoft employees claim credit for things that have prior art and plenty of foundations upon which to build.

Microsoft boss Don Mattrick still believes he was the very first person to invent controllable 3D human avatars.

"I'm claiming to have invented avatars! I did 4D Sports Boxing! Do you know what 4D Boxing was? Hey, you should be writing this! That was me," Mattrick told Official Xbox Magazine.


By the way, Google is no angel, either.

Google Patents Searching Through Multiple Categories At Once



[...]

What's unclear to me is how anyone "skilled in the art" could consider this a non-obvious solution. This is (and was) the sort of evolutionary improvement that pretty much anyone in the space would have known was coming to search engines.


It wasn't long ago that we wrote about Halliburton and its pursuit for a patent on patent trolling. The Register has a more detailed report on the subject.

Halliburton - the Texas-based company famous for pocketing billions from the war in Iraq - hopes to patent the art of patent trolling.


Innovation in Free Software



Eric Raymond, who has been eerily quiet over the past year, wrote in the OSI blog about open source software and innovation.

There's an argument commonly heard these days that open-source software is all very well for infrastructure or commodity software where the requirements are well-established, but that it can't really innovate. I laugh when I hear this, because I remember when the common wisdom was exactly the opposite -- that we hackers were great for exploratory, cutting-edge stuff but couldn't deliver reliable product.

How quickly people forget. We built the World Wide Web, fer cripessakes! The original browser and the original webservers were built by a hacker at CERN, not in some closed-door corporate shop. Before that, years before we got Linux and our own T-shirts, people who would later identify their own behavior correctly as open-source hacking built the Internet.


It's important to remember that Free software predates proprietary software. It's not a new phenomenon but it's the way things used to before people like Bill Gates stood up and said: "They are the ones who give hobbyists a bad name, and should be kicked out of any club meeting they show up at."

The Patent System Ain't Working



Michael Tiemann

Michael Tiemann of the OSI, citing this writeup, summarises and shares some takeaway points.

Venkatesh Hariharan recently wrote an article titled The practical problem with software patents, a subject near and dear to my heart. He draws on the same research that I have cited in the past, the book "Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk," by Boston University professors, James Bessen & Michael J. Meurer, but I confess that he shows both greater insights and certainly a better sense of humor than I do when I write abou[t] the subject.


Groklaw has meanwhile released the third part of an article about re Bilski.

In my view, the short answer is that Bilski isn't the last or best word, and that in time there will be further refinements. That may be too small a word, actually, but I read Bilski as leaving it to the Supreme Court to do anything new, useful and practical about software patents, if I might coin the phrase, while the US Appeals Court for the Federal Circuit stands on a very old dime in the meanwhile, while attempting to basically make it harder to patent mathematical "fundamental principles." The court doesn't want anyone to patent 1 + 1 = 2, in other words, because the whole world needs to be able to do that. But if you use 1 + 1 = 2 in a process that is patentable because it's tied to a particular machine and/or is transformative, that's fine with them. That's if I understand what the court wrote. Considering that patent lawyers and professors are still struggling with it, I'm guessing I don't yet fully.


Here is some more interesting commentary on the subject on Bilski.

It’s not just the ease of writing programs that guarantees we’ll involved external agents more and more in our lives. It’s also the development of cheap sensors that will become ubiquitous and that will provide raw data for agents to work on. And of course, the availability of Internet access everywhere, all the time, which allows agents to communicate with both the sources of data and the people who want the agents’ output.


Additional new resources (re Bilski and beyond):
A brief explanation of what the free culture movement is and the various factors that led to its fighting to preserve the commons, including corporations and special interests trying to restrict the commons to protect their interests, the development of the open source community, technological developments, such as the Internet and digital copying of media, the developmentof web 2.0 and its philosophies, current state of copyright law and youth culture.


We previously wrote about Rambus in [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]. It is a perfect example of patent ambush, which got the wrath of the European Commission (the US government seems to have remained indifferent). The impact is massive and the company is now making a move to embargo another company (Nvidia), potentially driving it out of the market (because, to be a tad sarcastic, that's what innovation is all about).

It seems that the negotiations between Rambus and Nvidia over the licence fees for Rambus patents haven't been going too well. Rambus has now filed a complaint against Nvidia at the US International Trade Commission (USITC), asking the USITC to order an import ban for products with Nvidia parts containing memory controllers for SDRAM memory components like DDR, DDR2, DDR3, LPDDR, GDDR, GDDR2 and GDDR3. This probably includes most of Nvidia's graphics chips, mainboard chipsets and notebook chipsets, including those incorporated in the latest Apple notebooks as well as products by Asus, BFG, Biostar, Diablotek, EVGA, Gigabyte, HP, MSI, Palit, Pine and Sparkle, who were all explicitly listed by Rambus.


Europe



Over in Europe, there is a glimmer of hope for the EPO, whose action can save the UK-IPO as well. Glyn Moody wrote about this yesterday.

The UK's Patent Office – which now goes by the awful name of UK Intellectual Property Office, which means it's really the UK Intellectual Monopolies Office – is a curious beast. On the one hand, as its name suggests, it's tied into one of the biggest confidence tricks around, dressing up conceptual mutton as intellectual lamb. On the other, there are odd outbreaks of sanity that suggest someone in there understands some of the deeper issues concerning software patents.

[...]

It's not coincidence that Microsoft still maintains that GNU/Linux infringes on some 200 of its sacred software patents – and yet is strangely coy about naming them, since it doesn't want its bluff called.


Spurred by the EU's response (or lack thereof), here is another little status report about the ACTA, which we mentioned a lot recently [1, 2, 3, 4].

One of the most disgusting displays of an industry crafting laws to benefit their industry in backrooms is the secret negotiations over the ACTA treaty. This is the international agreement on copyright that's basically been written by entertainment industry insiders, and will effectively force governments around the world to change copyright laws in favor of the entertainment industry. Yet, the actual negotiations are being held in secret. When confronted about it, various government negotiators have basically said it has to be secret because that's the way things are done.


Don't forget to tell people about ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. It's about the so-called "copyrights cartel" seeing it as its privilege to take the law into its own hands, backed by corruptible diplomats who harbour secrecy and discourage discussion with the public. These 'elites' want more control and more money. They want to suppress or forbid peer production in an increasingly-digital era. This threatens not only culture, but also the Internet and Free software. The ACTA encompasses many areas.

Comments

Recent Techrights' Posts

IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
 
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails