Bonum Certa Men Certa

Intellectual Monopolies @ Microsoft, Counter-Productive Monopolies

Software patents protest against EPO



“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway."

--Marshall Phelps, Microsoft



A SUBJECT THAT we last covered two days ago is Microsoft's alignment with software patents as a business strategy. Further to this, let us consider the effect of its intimidation alone on GNU/Linux [via Digital Majority].

Companies also can use their patent portfolios to disrupt competitors and gain revenue from companies that want to use their patented technologies. Microsoft, for example, has made claims that it holds patents for technologies in Linux, which open-source proponents viewed as a tactic to discourage people from using open-source software.


According to this, "Microsoft’s Patent Group oversees nearly 10,000 issued US patents, with more than 17,000 US patents pending, as well as the growing portfolio of more than 30,000 issued and pending patents filed internationally."

So, whilst axing workforce, they show no signs of cutting down on software patents. Judging by the low standards at the US patent office, many of these patents do a better service at intimidation rather than action. But there are exceptions. Here for example is an incident involving a soft patent that has just had Oprah Winfrey sued. From the more opinionated news summary:

Joe Mullin is back to let us know about the latest patent insanity, starting with a post about a whole bunch of patent infringement lawsuits based on patents held by Scott Harris. You may recall Harris because he was a lawyer for a big law firm, but was quietly filing patents on the side, and then apparently working out deals whereby other companies licensed those patents to be used in infringement lawsuits against big companies -- including companies represented by the very same firm Harris worked for.

[...]

ow, my critics will be the first to point out that I'm no patent attorney, but reading over the patent, it certainly appears to be a patent on displaying a book online. How is that possibly patentable material?


Worse things have already been patented, and sometimes even used in lawsuits. Here is an example from Boxing Day.

Is This Necessary?



People like Glyn Moody, a mathematician by practice but journalist by trade, denounce the core idea of patents even more broadly. Citing other articles, they show how much damage is caused by what ought to be referred to an "intellectual monopolies". Here are two new examples:

1. The Once and Future Economy

This is yet another reason why the lock down of knowledge by intellectual monopolies is simply unacceptable in a world that will be predicated on sharing digital stuff, just as we used to share the physical stuff that Nature gave us a few hundred thousand years ago.


2. The (Intellectual Monopoly) Biter Bit

The author of a proposed Chilean law to fight copyright infringement was greeted with the warning message "This copy of Microsoft Office is not genuine" when he was making a presentation about it.


Here is Siemens shipping an hefty bill for intersection of ideas or inspiration. Shouldn't it be shipping products instead?

Siemens reckoned Seagate had infringed a group of patents it thought it owned concerned with multi-layer hard disk drive sensor technology in GMR (Giant Magneto-Resistive) read heads. Siemens claimed up to $1bn in damages, based on all Seagate hard drives shipping since 2000 using its patented technology. Subsequently this was reduced to $366m, which it calculated as a three per cent royalty on Seagate HDD sales of $12.2bn in the relevant period. The judge then restricted the damages claim to royalties on disk drive sales after November 24 2004, which amounted to $160m.


This is not a soft patent, but nonetheless, such a confrontation shows little innovative value; it's litigation and bureaucracy. It makes for hostile environments where solicitors are the main benefactors.

Recent Techrights' Posts

Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
 
Running This Site Mostly a Joyful Activity
The real problem or the thing that we need to cancel is this "Cancel Culture"
Australia Has Finally Joined the "4% Club" (ChromeOS+GNU/Linux)
statCounter stats
Debian as a Hazardous Workplace Where No Accountability Exists (Nor Salaries)
systematic exploitation of skilled developers by free 'riders' (or freeloaders) like Google, IBM, and Microsoft
Clownflare Isn't Free and Its CEO Openly Boasted They'd Start Charging Everyone to Offset the Considerable Losses (It's a Trap, It's Just Bait)
Clownflare has collapsed
Apple Delivered Very Disappointing Results, Said It Would Buy Its Own Shares (Nobody Will Check This), Company's Debt Now Exceeds Its Monetary Assets
US debt is now 99.98 trillion dollars
FSFE Still Boasts About Working Underage People for No Pay
without even paying them
IRC Proceedings: Saturday, May 04, 2024
IRC logs for Saturday, May 04, 2024
Over at Tux Machines...
GNU/Linux news for the past day
The Persecution of Richard Stallman
WebM version of a new video
Molly de Blanc has been terminated, Magdalen Berns' knockout punch and the Wizard of Oz
Reprinted with permission from disguised.work
[Meme] IBM's Idea of Sharing (to IBM)
the so-called founder of IBM worshiped and saluted Adolf Hitler himself
Neil McGovern & Debian: GNOME and Mollygate
Reprinted with permission from disguised.work
[Meme] People Who Don't Write Code Demanding the Removal of Those Who Do
She has blue hair and she sleeps with the Debian Project Leader
Jaminy Prabaharan & Debian: the GSoC admin who failed GSoC
Reprinted with permission from disguised.work
Jonathan Carter, Matthew Miller & Debian, Fedora: Community, Cult, Fraud
Reprinted with permission from disguised.work
Techrights This May
We strive to keep it lean and fast
Links 04/05/2024: Attacks on Workers and the Press
Links for the day
Gemini Links 04/05/2024: Abstractions in Development Considered Harmful
Links for the day
Links 04/05/2024: Tesla a "Tech-Bubble", YouTube Ads When Pausing
Links for the day
[Meme] The Cancer Culture
Mission accomplished?
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though
Gemini Links 03/05/2024: Diaspora Still Alive and Fight Against Fake News
Links for the day
[Meme] Reserving Scorn for Those Who Expose the Misconduct
they like to frame truth-tellers as 'harassers'
Why the Articles From Daniel Pocock (FSFE, Fedora, Debian Etc. Insider) Still Matter a Lot
Revisionism will try to suggest that "it's not true" or "not true anymore" or "it's old anyway"...
Links 03/05/2024: Canada Euthanising Its Poor and Disabled, Call for Julian Assange's Freedom
Links for the day
Dashamir Hoxha & Debian harassment
Reprinted with permission from disguised.work
Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day