Bonum Certa Men Certa

Microsoft Bullies Over Software Patents, Takes a Hit Also

Ammunition for more crocodile tears

Yesterday we published somewhat a complaint against rcpmag.com for being part of Microsoft's mighty media powerhouse, which is self serving of course. Referring to the Avistar situation which we mentioned here before [1, 2, 3], that very same magazine now criticises Microsoft for a change.

Avistar's Tale: Microsoft Shows Its Dark Side



[...]

Whatever. Sorry, Microsoft, but you're not looking too good in this scenario. This is the dark side of Microsoft, the side we've told you about in the magazine, the side that brings out the critics and the haters and the antitrust hounds. This is Microsoft trying to prey on a struggling company that happens to have some attractive IP and litigate that company into oblivion before draining its lifeblood.

There's free-market capitalism, and then there's predatory business practices. Sometimes it can be difficult to distinguish between the two, but this falls into the latter category, as far as we can tell. And while we know that Microsoft (along with lots of other big vendors -- most others, really) is no stranger to that sort of thing, it doesn't make it any less disturbing.

Moss said that some of the anti-Microsoft brigade has come to his aid, but mostly with moral support. "We're in a bar; some guy's hitting us with a baseball bat, and they're all going, 'Come on, Simon! Hit him back!'" Moss said of some of his company's well-meaning allies. "That's about it. I've got nothing but an ice cream cone."


But that's just the tip of the iceberg when it comes to Microsoft's unpleasant encounters with software patents. Just watch what is coming in Microsoft's direction.

After a jury verdict that z4’s patent was infringed and not invalid, the Eastern District of Texas district court ordered Microsoft to pay over $100M in damages to the patentee (a small Michigan company) The award was affirmed by the Court of Appeals for the Federal Circuit (CAFC).


And watch what happened the day beforehand. This was anticipated.

Microsoft Corp., the world's biggest software maker, was told to pay $368 million after a jury found it infringed two patents owned by Alcatel-Lucent SA for touch- screen form entry and use of a stylus on computers.


The development is also covered in this short bit of text, so in case you want to explore the case further, you can. It will certainly return to the headlines in the near future because the impact is high.

Fortunately enough, the rules in the Eastern District of Texas do not apply to the rest of the world. This district does, however, manage to pull a multi-national Germany company like SAP and give it hell, as we reported only a couple of days back. Meanwhile, over in Germany, the very opposite type of action is taken, as just reported by Heise Online.

The European Patent Office (EPO) has revoked patent number EP1040428 for a procedure for computerised prepress. According to printing news site Beyond Print the verdict is binding, but not yet legally enforceable. The reasoning behind the verdict has not yet been released.

[...]

The three companies took action against VistaPrint because they viewed data exchange as being of vital significance for the printing industry. The EPO started examining the case in January.


The EPO has truly been maintaining some sanity here, but across the Atlantic you now find this report about the Bush Administration antagonising the patent reform. Who pays those people???

Bush Administration Speaks Against Patent Overhaul



U.S. Senate negotiators are getting closer to hammering out disagreements that are holding up a patent system overhaul, but President George Bush's administration still has concerns about the bill, an administration official said Friday.

[...]

In order for the USPTO to improve the quality of patents granted, "the system must focus on the quality of applications," Secretary of Commerce Carlos Gutierrez said in a letter to senators dated Thursday. "Stated simply, our innovation system can no longer afford the time and the cost of heavily subsidizing poor quality patent applications, which crowd out our most important innovations."

Each applicant applications costs the USPTO US$4,200, while basic filing fees are under $1,000, Dudas added. "It's very easy to apply for something while doing only minimal work," he said.


The decision on patents is probably doomed to remain political. Remember the golden rule: those who have the gold make the rules. It leaves the system in a chicken-and-egg situation, so serious toppling may be needed. Maybe it's even coming soon.

Comments

Recent Techrights' Posts

Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
 
Links 21/05/2024: "Hating Apple Goes Mainstream", Lots of Coverage About Julian Assange Ruling
Links for the day
Gemini Links 21/05/2024: Losing Fats and Modern XMPP
Links for the day
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day