Bonum Certa Men Certa

Patents Roundup: Patent Bully Erich Spangenberg Finally Loses, Europe Still Troubled, Microsoft Bullies With Software Patents, Monsanto Uses Earthquakes to Spread Patent Liabilities

Espiritu Santo



Summary: As indicated in the title, separate topics relating to patents are covered here

Erich Spangenber



"PATENT TROLL Tracker" covered this man's activities quite a lot and we too mentioned Erich Spangenberg for his abuse of the patent system for self gain. According to TechDirt, Spangenberg is finally losing.

Two years ago, we wrote about a patent held by Erich Spangenberg, a notorious patent hoarder who is involved in a ton of lawsuits against companies who actually make stuff, attacked with highly questionable patents. The patent in question (5,367,627) basically described an electronic parts catalog, which Spangenberg used to sue tons of companies.

[...]

After all that effort, the Federal Circuit has dumped the original ruling, noting that the "invention" (if you can call it that) was "anticipated" by earlier inventions. But, honestly, if you want to get a deeper sense of just how messed up the patent system is, you should read the full ruling


The system is seemingly becoming even more messed up as time goes on. Patent lawyers have hijacked this system to enrich themselves at the expense of scientists and they gradually increase the scope of patenting.

Patentability of Software



Digital Majority summarises coverage of the G3/08 (EBoA) referral while over in Germany we find software patents being legalised. Someone from the Pirate Party in the UK has published a long response to it.

German software patents are a sad day for software



[...]

Those members who know me well will be aware that one of the main reasons that I originally got involved with the Pirate Party was because of its support for patent reform, and in particular its opposition of software patents. Today is a sad day for software in Europe; the German High Court has now effectively declared software patentable without any meaningful limits. It's especially bad news for Free and Open Source Software (FOSS).

[...]

As a Free Software developer, I'm particularly worried, because Free Software can only work when anyone can use the software and distribute it to others. Due to software patents in the USA, there is a whole bunch of functionality that was — or still is — impossible for Linux distributions to offer "out of the box." These include such basic features as watching DVDs and Internet video, creating and listening to MP3s, and working with JPEG2000 images. In all these examples the patents cover mathematical algorithms for encoding and decoding data. What makes things worse is that FOSS developers are blamed for the lack of these, even though they've written the code and it works perfectly well.


As TechDirt puts it:

So, as we sit and wait in the US for a ruling on Bilski, hoping (but doubting) that it will greatly curtail software patents, Germany is going in the opposite direction.


Yes, over in the US, a high-level decision on the Bilski case could change a lot for software freedom. Here is some new analysis [1, 2, 3].

Trade Secrets



Originally, the patent office was intended to encourage inventors to publish their ideas; well, now it's the opposite as it suppresses and often restricts people who want to practice ideas. Glyn Moody has a new piece criticising today's regime of intellectual monopolies and trade secrets:

Now, some might say that this retreat into the widespread use of trade secrets to protect products is a huge loss to humanity, and a backward step from the current situation where people patent stuff – which, as the word originally meant, implies revealing to the world your secrets.

I think this is nonsense, and part of the romantic propaganda put about by those that use intellectual monopolies to stifle competition. Indeed, what is striking about so many patents today is that they reveal precisely *nothing*: they are either obvious, in which case they don't tell us anything we didn't already know, or else they are make such vague and general claims (even though patents aren't supposed to work like that) as to be useless for practical purposes.


Companies that use Linux play the same game. The question is, should one's own profit come before advancement as a whole? With state support even?

Microsoft



Here we have a company that held back IT for decades. Microsoft even implicitly admitted that it wanted to slow innovation so that it needn't cope with new forms of technology that may be less profitable (or more challenging to monetise, e.g. SaaS).

Now that SaaS is catching on at companies like Salesforce, Microsoft is bullying and suing [1, 2]. TechDirt states: "Microsoft Decides It Can't Compete With Salesforce.com; Sues For Patent Infringement Instead"

Suffice to say, Microsoft boosters like Paul Thurrott defend Microsoft and even add fuel to the fire:

This week, Microsoft sued Salesforce.com, accusing the latter of violating eight of its software patents. This development has raised hackles in certain circles—"Microsoft is reverting to its old ways!" But these people are clueless: Microsoft has been threatening companies with patent lawsuits for years, and my guess is that Salesforce just declined to roll over, as all those Linux companies have. And just so we're clear, it's not "spurious patent litigation" if it works or is held up in court. Let's see what happens before we decide that Microsoft is in the wrong. It's one thing to take a tiny company to court, but Salesforce.com is huge and can defend itself. Microsoft knows that.


It's nice to know that Microsoft boosters are actually fans of Microsoft's racketeering too. They haven't much dignity, which is probably why they promote Microsoft in the first place.

Monsanto



Monsanto is a major abuser of the world's population and Monsanto uses patents on life to coerce and to enforce. We wrote about the subject in posts such as:

  1. With Microsoft Monopoly in Check, Bill Gates Proceeds to Creating More Monopolies
  2. Gates-Backed Company Accused of Monopoly Abuse and Investigated
  3. How the Gates Foundation Privatises Africa
  4. Reader's Article: The Gates Foundation and Genetically-Modified Foods
  5. Monsanto: The Microsoft of Food
  6. Seeds of Doubt in Bill Gates Investments
  7. Gates Foundation Accused of Faking/Fabricating Data to Advance Political Goals
  8. More Dubious Practices from the Gates Foundation
  9. Video Transcript of Vandana Shiva on Insane Patents
  10. Explanation of What Bill Gates' Patent Investments Do to Developing World
  11. Black Friday Film: What the Bill Gates-Backed Monsanto Does to Animals, Farmers, Food, and Patent Systems
  12. Gates Foundation Looking to Destroy Kenya with Intellectual Monopolies
  13. Young Napoleon Comes to Africa and Told Off
  14. Bill Gates Takes His GMO Patent Investments/Experiments to India
  15. Gates/Microsoft Tax Dodge and Agriculture Monopoly Revisited
  16. Beyond the 'Public Relations'
  17. UK Intellectual Monopoly Office (UK-IPO) May be Breaking the Law
  18. “Boycott Bill and Melinda Gates Foundation in China”
  19. The Gates Foundation Extends Control Over Communication with Oxfam Relationship
  20. Week of Monsanto


Monsanto and Microsoft have a great deal in common because they use the "drug dealer" mentality to spread their products and make people dependent on those products. Monsanto -- like Microsoft -- is also trying to make money out of a disaster in Haiti (Monsanto is seeding a monopoly in another nation).

Haitian Farmers Commit to Burning Monsanto Hybrid Seeds



"A new earthquake" is what peasant farmer leader Chavannes Jean-Baptiste of the Peasant Movement of Papay (MPP) called the news that Monsanto will be donating 60,000 seed sacks (475 tons) of hybrid corn seeds and vegetable seeds, some of them treated with highly toxic pesticides. The MPP has committed to burning Monsanto's seeds, and has called for a march to protest the corporation's presence in Haiti on June 4, for World Environment Day.


What Monsanto does here is akin to Microsoft handing out Windows in a nation that already uses GNU/Linux. But to make matters worse, Monsanto is making money out of a disaster, or at least looking to make money in the long term. Monsanto is exploiting Africa and India in the same way with Bill Gates' help (as covered in some of the posts above). What a fine example of misusing patents against impoverished populations. It's even less ethical when it comes to medicine (also covered by patents and prone to addiction).

Recent Techrights' Posts

Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
 
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter