Bonum Certa Men Certa

Patents Roundup: EFF Defends VoIP; Google, Apple, and Black Duck Stifle Progress; Microsoft Joins RPX

"Fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria."

--Richard Stallman



Summary: A quick look at some patent news from the past week, ranging from defence to offence

Electronic Frontier Foundation (EFF)



THE EFF still fights one patent at a time. According to this new page, it is going after VoIP monopolies right now.

The Electronic Frontier Foundation (EFF) has won reexamination of an illegitimate patent on voice-over-Internet protocol (VoIP) that could cripple the adoption of new VoIP technologies.


IDG wrote about this too:

The patent, held by a small company called C2 Communications Technologies, is one of 10 that the Electronic Frontier Foundation (EFF) has been trying to strike down for several years through its Patent Busting Project. On Friday, the patent office granted the EFF's request for a re-examination, the EFF said. The digital civil-liberties organization argued that another applicant had submitted basically some of the same technology to the patent office before C2 did.


The EFF means well, but a better solution would be abolition of software patents as a whole. The problem is that companies like IBM, Google, Novell, and fronts like OIN are proponents of software patents, which makes them far from defenders of Free software.

Do Know Evil?



Google is acquiring/obtaining some more software patents. Here is the original report:

Google has filed at least four patent applications for technology it's building into its Chrome browser to try to make the Web a more powerful foundation for applications.


Google is part of the software patents problem, just like IBM. Sometimes it gets sued.

Apple



A few weeks ago we explained why Apple too is part of the software patents problem. Here is Apple applying for some more patents and blocking developers' use of their associated ideas/functions.

Apple this week notified iPhone developers that they cannot use the device's GPS data to serve location-aware advertisements to users of App Store software.

[..]

One patent application described a dynamic home screen that would display specific applications automatically populated based on factors like the current location of the phone. For example, when traveling in San Francisco, a specific "San Francisco" icon could appear on the screen, and give users easy access to local weather, time, maps and contacts.


More information here and here:

Apple doesn't appear to be opposed to location-based targeted advertising in principle. It has filed patents for location-based targeted advertising, especially in relation to offering currently playing songs or videos at a particular location for purchase via iTunes.


 

Is Apple's banning iPhone applications that would use location data for displaying advertising not as onerous as anything Microsoft tried--and mostly didn't get away with?

What about banning the word "Android" from the App Store? Like Apple thinks it can control the flow of information its customers receive? Give me a break.


This new article brings back memories of Apple's patent fight with Microsoft. Well, Microsoft ripped off a lot of companies, Apple included.

Back in the dark ages, around 1991, Apple had some pretty cool Macs while PC users were still mired in DOS. Apple was making good money. Meanwhile, on the PC side, just marrying a mouse with DOS was the big thing. However, over time, Microsoft was able to copy what Apple was doing with the WIMP interface (Windows, Icons, Menus, Pointing device).

That was due in part to poor IP protections and a strategic error made by John Sculley who opened the door, contractually, to a GUI for Microsoft back in the 1980s. That resulted in a lawsuit by Apple against Microsoft in 1988, one that Apple eventually lost. (The fascinating saga has been documented at Low End Mac.) Once that GUI door was opened, Microsoft was eventually able to mimic the Mac OS look and feel. Today, many non-technical users are not able to differentiate between Windows 7 and Snow Leopard, and that has to irk Apple.


Black Parasite Software



Black Duck's new patent (mentioned in [1, 2]) is still receiving some press coverage. Confrontation with the SFLC too gets it some attention:

Bradley Kuhn, the technology director of the Software Freedom Law Center (SFLC) expressed dismay this week after learning that Black Duck Software was granted a patent that covers software methods for detecting and resolving open source software licensing conflicts. Kuhn, who plays a major role in the SFLC's GPL enforcement efforts, contends that Black Duck's patent is far from novel and describes techniques that he has been using for licensing compliance analysis for over a decade.

Black Duck was founded in 2002 with the aim of providing automated solutions for tracking the provenance of source code in applications. The company's first product, called Protex, reached the market at a time when the software industry was being confronted by emerging legislation and high-profile litigation that raised concerns about software licensing practices. At the time, the ill-fated SCO trial was just starting to heat up and there were still unanswered questions about whether the newly-passed Sarbanes-Oxley Act would require more rigorous internal audits of software licensing. Black Duck turned the industry's fear over these issues into a marketing tool and became one of the leading vendors in the compliance management market.


Black Duck ought to withdraw the patent or be perceived as even more of a parasite to the Free software community. With a Microsoft-tied genesis, Black Duck was always difficult to trust. This brings us to Microsoft.

Microsoft



Microsoft has signed a new patent deal, this time with Webmap Technologies.

Webmap Technologies, LLC has entered into a license agreement with Microsoft Corporation, a developer and licensor of software solutions. Webmap Technologies is a subsidiary of Acacia Research Corporation, through its operating subsidiaries, acquires, develops, licenses and enforces patented technologies. All the companies are based in the US.


Here is another new article about Microsoft's patent deal with Funai -- a deal which we previously wrote about in [1, 2, 3].

Software major Microsoft and Japanese home technology firm Funai have struck an IP cross-licensing deal, granting each other access to agreed areas of their patent portfolios. Set to bolster the companies' mutual research and development (R&D) efforts in integrated media, the deal reflects the growing popularity of cross-licensing and patent pools in the technology field as key players aim to avoid IP disputes.


The most significant news though is probably to do with RPX [1, 2, 3], a patent pool/racket which Microsoft is entering. It was only a couple of weeks ago that Microsoft signed a deal with Acacia and now it joins RPX with the excuse that it needs protection from "patent trolls."

Microsoft Corp., a technology giant that wins thousands of patents every year, has joined RPX Corp., a start-up network aimed at aggregating intellectual property to shield its members from what are known as "patent trolls."


Here is a funny headline ("Tech Giants' New Plan To Fight Patent Trolls"). It is funny given that Microsoft itself created the world's largest patent troll, Intellectual Ventures. For Microsoft to complain about "patent trolls" would be nonsensical and hyporitical.

Microsoft has signed up for "patent insurance" with a startup called RPX, which buys up patents that could be used against its clients. Microsoft says this approach can save the industry billions of dollars by thwarting the industry's controversial "patent trolls" and their litigation. But how much can a firm like RPX do to prevent litigation?


This is also covered at Law.com, requiring subscription though. Here is an article everyone can read at the site, as well as a few others:

Frustrated by litigation costs, Microsoft, Sony, and Nokia are paying third-party patent acquirers such as RPX to fend off patent lawsuits


Dallas News has this story to tell:

That's what Melsheimer of Fish & Richardson PC's Dallas office found in getting a $511.6 million verdict against Microsoft reversed by the U.S. Court of Appeals for the Federal Circuit. Plaintiff Alcatel-Lucent initially sought $50 billion in damages.

The ruling ended a seven-year odyssey featuring seven different cases and three jury trials. One case hinged on the value of a particular feature of Microsoft's Outlook electronic mail program. Melsheimer and his team convinced the appeals court that the feature wasn't part of Outlook's appeal to customers, hence no damages.


We wrote about Fish & Richardson a couple of months ago.

Patents as Barriers



Against Monopoly has something to say about "Common Sense" and the Economist has published an article against patents (essentially monopolies).

DO PATENTS help or hinder innovation? Instinctively, they would seem a blessing, especially for backroom tinkerers. Patenting an idea gives its inventor a 20-year monopoly to exploit the fruit of his labour in the marketplace, in exchange for publishing a full account of how the new product, process or material works for all and sundry to see. For the inventor, that may be a reasonable trade-off. For society, however, the loss of competition through the granting sole rights to an individual or organisation is justified only if it stimulates the economy and delivers goods that change people’s lives for the better.

[...]

If truth be told, few inventions are really worth patenting. Time and again, surveys show that in both America and Europe companies rate superior sales and service, lead time and secrecy as far more important than patents when it comes to profiting from innovation. And, although applying for patents is relatively cheap, the cost of maintaining them can be horrendous. If the idea behind a patent has any commercial merit, it will attract imitators—and the inventor must be prepared to defend it in the courts. In a majority of cases, the cost of litigation will far exceed any revenue the inventor may subsequently earn from royalties or licensing.

By and large, the inventions and discoveries worth patenting are those in the pharmaceutical and biotech fields, where the pay-off for blockbuster drugs can amount to billions of dollars a year. Also, because the vast majority of inventions in such areas depend on unique molecular architectures, patents for new products are easier to defend in the courts. A me-too drug that is believed to violate a firm’s patent is either based on the same molecule or not.

[...]

An end to frivolous patents for business processes will be a blessing to online commerce. Meanwhile, the loss of patent protection for software could make programmers realise at last that they have more in common with authors, artists, publishers and musicians than they ever had with molecular architects and chip designers. In short, they produce expressions of ideas that are eminently copyrightable.

That could be good news for innovation. After all, who in his right mind would seek a lousy old patent offering a mere 20 years of protection when copyright can provide monopoly rights for up to 70 years after the author’s death? That one fact alone could spur more innovation than all the tinkering attempted so far.


A new study (already mentioned here) shows that patent trolls are taking over the system.

"Adobe pays patent royalties for the h264 codec so that video plays reliably worldwide, across browsers and OS's," says the president of the FFII, pointing to this from Adobe:

But in follow the comments from our CTO's posting "Open access to Content and Apps", I noticed that there are comments about Flash not being an "open" technology and questions about why we don't open source the Player, so I thought I'd jump in and provide some details to help clear up some misconceptions and explain how open we are with the Flash Platform.


Another new article shows that one researcher has decided that sharing is better than not sharing ("open-source research"), which probably means that patents too will be affected.

One medical researcher applies generosity of spirit with his open-source research project designed to fight a tropical disease for which medical treatment is expensive and tough to come by.

[..]

Now, Scientific American reports that Australian chemist and entrepreneur Matthew Todd is initiating a totally open-source research project geared to the fight against the tropical disease schistosomiasis.


Sharing is better than not sharing. Scientists understand that. Investors don't care.

Comments

Recent Techrights' Posts

Software Freedom Conservancy (SFC), Inc. vs. Vizio, Inc. Is Costing the Free Software Foundation Money
FSF subpoena and deposition
They Try to Replace the Creators of GNU/Linux and Hijack Their Word, Work, and Reputation
gnu.org is down at the moment; now I'm told it's back but very slow. DDoS?
Links 05/05/2024: Political Cyberattacks From Russia and Google Getting a Lot Worse
Links for the day
 
Death of Michael Anthony Bordlee, New Orleans, Louisiana
Reprinted with permission from disguised.work
The Revolution Continues
Today we've published over 20 pages and tomorrow we expect more or less the same
Death of Dr Alex Blewitt, UK
Reprinted with permission from disguised.work
Following the Herd (or HURD)
Society advances owing to people who think differently and promote positive change, not corporate shills
Thiemo Seufer & Debian deaths: examining accidents and suicides
Reprinted with permission from disguised.work
Gemini Links 05/05/2024: Infobesity and Profectus Beta 1.0
Links for the day
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
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
[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