Bonum Certa Men Certa

Patents Wrath Escalated to President Obama

Obama



Summary: Patents are viewed as anti-competitive and Verizon’s Chief Counsel asks the President of the United States to address the problem

UNHAPPY with the USPTO, more and more companies -- not just individuals -- rant in public. Novell has been mentioned quite a bit in relation to the Motorola patents (Mobility) sale because in both cases companies were valued not for real property but for monopolies they received from the government. In Novell's case, the patents went into CPTN, which Microsoft and Apple would use for anti-competitive purposes. In fact, around the time of the Motorola-Google agreement there were several articles from reputable source calling patents "anti-competitive", referencing Google's allegations including exact quotes [1, 2]. Another large party that engages in this anti-competitive war is Oracle, which Groklaw keeps tracking because of the anti-Android lawsuit. As we have shown here many times before, Microsoft-connected (via IV) patent trolls also launch lawsuits against Android developers, so the EFF organises an event which will inform them. To quote:



As you probably know, we’ve been closely following the Lodsys mess and watching as the patent troll asserts its patents against companies large and small, and — famously and most egregiously — against small app developers. Large companies such as Best Buy, CVS, and the New York Times Company are fighting Lodsys in court (and challenging the validity of its patents). But those lawsuits could take years. In the meantime, app developers all over the world, many of who cannot afford legal counsel, face the uncertainty long-felt by the victims of patent trolls and are left wondering what they can and should do to protect themselves.


Microsoft is meanwhile getting more patents on tablets and the New York Times does its usual thing by batting for Apple's patents, praising those with Jobs' name on them. To quote the heading paragraph:

The 313 Apple patents that list Steven P. Jobs among the group of inventors offer a glimpse at his legendary say over the minute details of the company’s products — from the company’s iconic computer cases to the glass staircases that are featured in many Apple stores


A lot of people may not remember it, but Apple's eagerness to sue iPhone competitors using patents was first seen coming from Cook (Apple's new CEO), who issued a veiled threat to Palm after they had unveiled WebOS. This was so serious that it later led to a formal complaint to the US government. We do not expect Apple to be any gentler after Jobs' distancing from the company. Apple cannot compete so fairly anymore. Linux is catching up in terms of market share, having already outpaced Apple features-wise. First it happened in phones and now it happens in tablets.

"Linux is catching up in terms of market share, having already outpaced Apple features-wise."Here is a good visual overview which shows what has happened in the market due to patents. This has clearly gone out of control and helped the exclusion of small players (or those without many patents). It also became a breeding group for parasitic entities. Well, citing this analysis, a Microsoft-friendly site says that someone "even thinks that we are in the middle of a patent bubble."

It also says: "Software patents often cover a very broad scope, while they should be more concrete and narrow. This is due to the fact that large organizations are increasingly using them for legal warfare. Such abuse of patents prevents innovation instead of enforcing it. And even worse, smaller companies or indivduals cannot afford the time and money for a patent lawsuit. Eventually, software patents enforce monopolies. To give an impression: An Android phone covers around 250.000 patents according to Google."

Realising that something is clearly amiss here (too much counter-productive tension and aggression), the Chief Counsel of Verizon is calling for Obama to step in. As one site puts it: "Recently, all of the major players in the smartphone industry have been tied up in patent wars. Apple, Google, Research In Motion (Blackberry), and Microsoft. Even hardware manufacturers like Samsung, HTC, and Motorola have seen their fair share of patent warfare this year. Each small judgement in court continues to highlight the ongoing ‘Google vs. Apple’ battle.

"Google has been a dark horse in the smartphone industry as it is seemingly giving away its Android software for free. Google also holds a huge advantage over its competition with the enormous amount of advertising revenue it brings in from its search engine. Google uses this revenue as a way to create profit from its software inventions. Because of this advantage, most of the smartphone industry looks to Google as an undeniable freight train, patents or no patents. Which brings us to why Apple is putting up the biggest fight."

Here is another new piece of criticism about the system. It states the following:

The state of Intellectual Property (IP) in general (copyrights, patents, trademarks) has gotten stupidly bad over the last few years. Systems that were created to encourage innovation with the public as the benefactor have got turned completely on their heads; today the systems stifle creativity, benefit big corporations solely, and harm society. As a Linux user this isn't news to you, I'm sure. But I'll bet your neighbor doesn't really know how bad it is, or might even think the system is “working”. How do we wake the general public up?

My goal here is not to explain what is wrong with current IP laws. That's covered quite well on other sites, like Techdirt and the Deeplinks Blog by the Electronic Frontier Foundation. Those are great resources for someone who really wants to delve into the mess that is IP regulation, but is probably a little more than your typical layperson can digest.


With the increasing realisation that patents are just over-hyped and actually quite harmful, change is likely to happen. Will Obama bring it?

Comments

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
 
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