Bonum Certa Men Certa

Patents Roundup: TomTom, The 'Bilski Test', Junk Patents, and Ambush

"Truthfulness with me is hardly a virtue. I cannot discriminate between truths that and those that don't need to be told."

--Margot Asquith



TomTom Revisited



IT IS hard treating the TomTom case as though it's old news because ramifications may be serious and Microsoft is already spinning. Jay Lyman, a self-professed proponent of GNU/Linux, is optimistically suggesting that the lawsuit has not negatively affected the adoption of Linux in the embedded space and based on our collection of news stories over the past fortnight, Lyman is probably correct. He wrote:



I don’t necessarily see the same effect from the TomTom suit since, at least publicly, Microsoft is not making the case that it is Linux on the line. I can report that there does not seem to be any slowdown or hesitation in the embrace of Linux for embedded devices. Perhaps that is the reason that Microsoft has chosen to play down any implications for Linux and open source, rather than puff them up as it has done in the past. If Microsoft or anyone else challenges the IP integrity of the Linux OS, it is likely to reinforce the idea that the open source software is legitimate, licensed, covered by copyright, and absolutely appropriate for enterprise, embedded and other commercial uses, at least that’s what history tells us.


SD Times has already gathered some more details about mysterious anomalies that harm Microsoft's case.

Under the original FAT licensing program, pricing was US$0.25 per unit with a cap on total royalties of $250,000 per manufacturer, according to what had been posted on Microsoft’s website from 2003 to July 2006. A Microsoft spokesperson could not explain why they were removed or whether those terms were applicable to the 18 agreements outlined in the lawsuit.


As we showed 2 weeks ago, Microsoft had explicitly promised not to sue over FAT. It therefore fails to keep up with its own licences, let alone just those promises. This is why we believe that Microsoft is fighting a losing battle and it relies heavily on the financial situation of TomTom which is rather frail right now.

“As we showed 2 weeks ago, Microsoft had explicitly promised not to sue over FAT.”Microsoft, like SCO, frequently relies on exhaustion of its opponents (or lingering the uncertainty), so it's a test that merely determines whose pockets are deeper and who can afford more motions. It is very much the same with the European Commission, which Microsoft drives into exhaustion for many years, so by the time compliance is reached -- if that ever happens at all -- the documentation delivered is already irrelevant and outdated.

One reader recently told us that this is "unfortunately the nature of the law. As a lawyer, I can tell you that lawyers don't sit around talking about justice, they talk about whether you can win a motion for summary judgment (a quick way to end cases). Law is very narrow. It is not about justice. It is about whether the law can be used to bludgeon your opponent. [...] It is increasingly becoming true that the party with the greater resources wins. That is why it is so important for TomTom to win this case."

Business law



Software Patents Can Die



Illegitimacy of Microsoft's claims aside, the question about patentability of software post-Bilski [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14] just keeps arising. According to this article about TomTom, In Re Bilski keeps slaughtering software patents.

Due to the Bilski ruling, new software patent evaluation rules have come into existence and just recently IBM lost claim to one of its database query patents. It was rejected because the innovation isn’t “tied to a particular machine”.

The BPAI goes on to justify the rejection by pointing out that the “system” on which the innovation operates is “not recited in terms of hardware or tangible structural elements”, which is to say that the patent is rejected because the elements of the claim are “implemented solely in software or algorithms”.


Moreover, according to Law.com, the opposition to Bernard Bilski's patent is proving invaluable.

Federal Circuit Bars Patent for Business 'Paradigm'



[...]

"A paradigm is basically a way of doing something," Harris said. "I was trying to define a whole new set of claims -- a new style of claims."


At the end of the day, do software patents matter anymore? Are they sufficiently valid to actually endure the 'court test'?

Junk Patents



One of our readers has accumulated examples of new patents that are worth putting here for their hilarity value. As he puts it, Cryptomathic patents user authentication using a central server, Innovid patents in-video brand experience, Worlds.com patents virtual reality, CounterPath patents mobile to IP roaming, laundry viewing over the Internet is patented, reading barcode with camera phone is patented, F-Secure patents updating virus signatures over SMS, Prolexic patents anti-DDOS service, and automatic menu generation too is now a patent.

What on Earth is going on here?

Patent Ambush (or Patents in Standards)



Rambus' patent trap inside a standard [1, 2, 3, 4] is highly relevant to us because Microsoft patent traps like OOXML and C#, which are wrapped with something called "standard" (never mind if sheer crime was devised to achieve the status), are a danger to Free software.

According to this early report, Rambus is getting its way with a patent ambush and this can cost Hynix as much as $0.4 billion. Yes, all of this money just for patents, which were sneakily concealed inside a standard while it was innocently being adopted by many.

Hynix has agreed to pay royalties of up to 4.25 per cent for the use of Rambus patents in devices sold between the 31st of January 2009 and the 18th of April 2010.


Ars Technica has some more details about this story.

MPEG-2 may not be a case of an ambush, but as we showed last week, Lenovo is being hurt quite badly by it. MPEG-2 is a real issue for Free software because it has spread widely and it requires patents to be used. According to CNET, Apple potentially poisons Web standards with patents, we well.

On March 5 Apple dropped a small bombshell on the World Wide Web Consortium (W3C) standards body, excluding one of its patents from the W3C Royalty-Free License commitment of the W3C Patent Policy for Widgets 1.0. The patent in question covers automatic updates to a client computer in a networked operating environment.


The author is an advocate of Apple, so he tries to convince the readers that Apple is a friend of open source when in reality it is a a big foe of open source and freedom in general. Well, fortunately, Apple suffers just like Microsoft and it shows.

Recent Techrights' Posts

Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
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
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
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails
 
[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
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."
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?
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
The Real Threats to Society Include Software Patents and the Corporations That Promote Them
The OIN issue isn't a new one and many recognise this by now
Links 30/04/2024: OpenBSD and Enterprise Cloaking Device
Links for the day
Microsoft Still Owes Over 100 Billion Dollars and It Cannot be Paid Back Using 'Goodwill'
Meanwhile, Microsoft's cash at hand (in the bank) nearly halved in the past year.
[Teaser] Ubuntu Cover-up After Death
Attack the messenger
The Cyber Show Explains What CCTV is About
CCTV does not typically resolve crime
[Video] Ignore Buzzwords and Pay Attention to Attacks on Software Developers
AI in the Machine Learning sense is nothing new
Outline of Themes to Cover in the Coming Weeks
We're accelerating coverage and increasing focus on suppressed topics
[Video] Not Everyone Claiming to Protect the Vulnerable is Being Honest
"Diversity" bursaries aren't always what they seem to be
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market
[Video] Canonical Isn't (No Longer) Serious About Making GNU/Linux Succeed in Desktops/Laptops
Some of the notorious (or "controversial") policies of Canonical have been covered here for years
[Video] What We've Learned About Debian From Emeritus Debian Developer Daniel Pocock
pressure had been put on us (by Debian people and their employer/s) and as a result we did not republish Debian material for a number of years
Bruce Perens & Debian public domain trademark promise
Reprinted with permission from disguised.work
Links 28/04/2024: Shareholders Worry "AI" Hype Brings No Income, Money Down the Drain
Links for the day
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024