Wednesday Miscellany
,----[ Quote ]
| ...Acacia -- through it's newly formed subsidiary Autotext Technologies,
| Inc. -- sued 23 defendants last Friday in the Northern District of Ohio. In
| Cleveland..
|
| [...]
|
| I see millions in attorneys' fees being spent by these companies who are
| seemingly being sued every other week lately.
|
| I hope the judge does award attorneys' fees in this case - to defendants for
| having to put up with this nonsense. It wouldn't be the first time Acacia has
| been sanctioned for filing a frivolous case.
`----
http://trolltracker.blogspot.com/2007/10/wednesday-miscellany.html
Related:
Microsoft's American Proxy Patent War Continues
,----[ Quote ]
| PJ & Company astutely make the connection that behind "IP Innovation LLC" is
| a group called Acacia which is staffed by senior Microsoft agents, including
| Jonathan Taub, a Microsoft Hero & Key Achiever.
`----
http://fussnotes.typepad.com/plexnex/2007/10/microsofts-prox.html
Competition by Proxy
,----[ Quote ]
| Google's pending acquisition of doubleclick "will be bad for consumers"
| because it threatens competition and privacy. So said Microsoft's general
| counsel during a recent Senate subcommittee hearing ( Click here for more).
| Nice of the software giant to take up the cudgel for the little guy. But
| Microsoft has a big stake in blocking the deal--considering that it's losing
| the war to Google over billions of dollars in Internet advertising.
`----
http://www.forbes.com/free_forbes/2007/1029/034.html?partner=yahoomag
Opinion: behind the Acacia suit
,----[ Quote ]
| It's a neat structure. Pump money into Acacia so it can attack Red Hat, and
| at the same time prove to the world how strong the Microsoft patent shield
| really is against those naughty, naughty trolls.
|
| If this works with Acacia, perhaps we can expect a scaled-up attack by
| Intellectual Ventures on Linux users like Google and IBM.
`----
http://www.digitalmajority.org/forum/t-24106/opinion:behind-the-acacia-suit
Is Acacia link with Microsoft just smoke?
,----[ Quote ]
| Is all this smoke just coincidence? It may well be. But the smoke gets
| thicker by the day.
`----
http://blogs.zdnet.com/open-source/?p=1587
Playing Microsoft Patent Poker
,----[ Quote ]
| This time though, while Ballmer slinks away to try to con … convince people
| that Microsoft Unified Communications somehow offers people more than what
| Cisco's VOIP (voice over IP) been offering customers for years, a patent
| attack finally launches at Linux. Specifically, IP Innovation, a subsidiary
| of Acacia Technologies Group, has filed a patent infringement claim against
| Linux distributors Novell and Red Hat.
|
| So was it just timing, or was it something more? Let's take a look at the
| players.
`----
http://www.eweek.com/article2/0,1759,2201579,00.asp?kc=EWRSS03129TX1K0000616
The Goldfarb Declaration - Updated: MS Statement
,----[ Quote ]
| According to the Declaration, Richard Emerson was not the only
| Microsoft employee Goldfarb was dealing with in connection with the
| BayStar investment in SCO. He mentions by name two others, from two
| other departments.
`----
http://www.groklaw.net/article.php?story=20061009152706664
,----[ Quote ]
| "There you have it. At least a third of SCO's entire market
| capitalization, and their entire current cash reserves, is payoffs
| funnelled from Microsoft. Their 10Qs reveal that every other line of
| cash inflow is statistical noise by comparison. The brave new
| SCO source business model is now clear: sue your customers, shill
| for Microsoft, kite your stock, and pray you stay out of jail."
`----
http://www.catb.org/~esr/halloween/halloween10.html
A Patent Lie
,----[ Quote ]
| Microsoft sang a very different tune in 1991. In a memo to his
| senior executives, Bill Gates wrote, "If people had understood how
| patents would be granted when most of today's ideas were invented,
| and had taken out patents, the industry would be at a complete
| standstill today." Mr. Gates worried that "some large company will
| patent some obvious thing" and use the patent to "take as much of
| our profits as they want."
`----
http://www.nytimes.com/2007/06/09/opinion/09lee.html
,----[ Quote ]
| ...Thanks to Mr. Gates, we now know that an open Internet with protocols
| anyone can implement is communism...
|
| ...Mr. Gates' secret is out now--he too was a "communist;" he, too,
| recognized that software patents were harmful-until Microsoft
| became one of these giants...
`----
http://news.com.com/Bill+Gates+and+other+communists/2010-1071_3-5576230.html?part=rss&tag=5575731&subj=news.1071.20
Microsoft hopes to patent 'automatic goodbye messages'
,----[ Quote ]
| Microsoft is trying to patent automatic goodbye messages, including "Have a
| great afternoon!" and "Ciao, Harry!"
`----
http://www.theregister.co.uk/2007/11/07/microsoft_tries_to_patent_automatic_goodbye_messages/
Microsoft Deems Emotiflags Patent-Worthy
,----[ Quote ]
| Microsoft said you could count on them to improve patent quality.
| For an example of how they're raising the bar on innovation, check
| out this just-published patent application for Emotiflags, which
| Microsoft explains solves the problem of indicating an emotion
| associated with an email message. At the risk of infringing on the
| patent, this one Makes Me Mad!"
`----
http://yro.slashdot.org/article.pl?sid=06/12/16/038207&from=rss
Microsoft patent hints at pay-as-you-go OS
,----[ Quote ]
| A Microsoft patent application from June 2005, published only today,
| titled "System and method for delivery of a modular operating system"
| may signal a fundamental change for what an operating systems stands
| for and how it is sold.
`----
http://www.istartedsomething.com.nyud.net:8080/20061215/pay-as-you-go-os-patent/
In Microsoft Patent App, TV Watches You
,----[ Quote ]
| In a just-published patent application for delivering Advertising that is
| relevant to a person, nine Microsoft inventors spell out plans for using
| cameras, remote controls and biometric sensors...
`----
http://techdirt.com/articles/20070730/162255.shtml
Advertising that is relevant to a person - classic case of patent trolling
,----[ Quote ]
| Patent application Advertising that is relevant to a person just filed by
| Microsoft is a splendid example of patent abuse or patent trolling.
`----
http://www.ventureitch.com/?p=372
Big businesses boast of patent benefits, for small businesses
,----[ Quote ]
| A report published by an EU task force on intellectual property claims
| that small businesses benefit from a patent system, despite lacking
| almost any participation by the small business community.
|
| Instead, the report, titled IPR (intellectual property rights) for
| competitiveness and innovation, was written up almost entirely by
| large corporations and the patent industry.
|
| [...]
|
| The report does note objections from the likes of patentfrei.de and
| Sun Microsystems, which were recorded at some length in the report.
| But this does not appear to have impacted the conclusion of the
| report in any way
|
| [...]
|
| Jean-Pierre Laisne, of ObjectWeb, an open source software community,
| said that he found the report useless: participants were told that
| all their contributions would be recorded but at the end only
| those of Business Software Alliance and Microsoft were used.
`----
http://www.pcpro.co.uk/news/99155/big-businesses-boast-of-patent-benefits-for-small-businesses.html
MS Seeks Patent On Virtual Fuzzy Dice
,----[ Quote ]
| Microsoft just published a patent application for an adaptive heads-up user
| interface for automobiles. It covers, among other things, virtual fuzzy dice
| that appear to move with automobile movements.
`----
http://yro.slashdot.org/article.pl?sid=07/08/23/1310253&from=rss
Will Microsoft Put The Colonel in the Kernel?
,----[ Quote ]
| "The kernel meets The Colonel in a just-published Microsoft patent
| application for an Advertising Services Architecture, which delivers targeted
| advertising as 'part of the OS.'
`----
http://slashdot.org/article.pl?sid=07/07/14/043200
Microsoft patents the mother of all adware systems
,----[ Quote ]
| The adware framework would leave almost no data untouched in its quest to
| sell you stuff. It would inspect "user document files, user e-mail files,
| user music files, downloaded podcasts, computer settings, computer status
| messages (e.g., a low memory status or low printer ink)," and more. How could
| we have been so blind as to not see the marketing value in computer status
| messages?
`----
http://arstechnica.com/news.ars/post/20070717-microsoft-patents-the-mother-of-all-adware-systems.html
Microsoft stole KittenAuth, renamed it and claimed it as their own.
,----[ Quote ]
| The Microsoft Asirra project sites Oli as a source yet the Yahoo news story
| did not. I can only imagine that the more and more the Asirra project is
| pushed into the public domain, the less Oli will be cited as having the
| original idea. This isn't actually fair and I'd be very very upset if I was
| him. The idea is excellent yet the credit certainly won't be passed in his
| direction anymore. Any financial gain from the project won't pay royalties to
| him either and it's not like he could patent the idea originally.
`----
http://www.seopher.com/articles/microsoft_stole_kittenauth_renamed_it_and_claimed_it_as_their_own_
Microsoft files further adware patent
,----[ Quote ]
| An example is given of a user browsing to a folder full of MP3 media files -
| such browsing would alert the adware monitor that the user may need MP3
| playing software, decoders, soundcards or other related items, and the
| appropriate advertising could then be displayed in a popup.
`----
http://www.virusbtn.com/news/2007/09_14a.xml
,----[ Quote ]
| 'MS are key sponsors of "Voices For Innovation" aimed at MS customers
| and designed to put a positive spin on software patents and enlist people
| to lobby on their behalf.'
`----
http://aralbalkan.com/939
Patent creators say Microsoft lied to get better deal on DVR patents
,----[ Quote ]
| Microsoft is facing a patent lawsuit over its failed Ultimate TV DVR
| system. The lawsuit, filed by joint venture company Intellivision
| (no relation to the Mattel console), accuses the company of making
| fraudulent and misleading claims in order to acquire intellectual
| property without having to make royalty payments.
`----
http://arstechnica.com/news.ars/post/20070604-patent-creators-say-microsoft-lied-to-get-better-deal-on-dvr-patents.html
http://tinyurl.com/2bpmv7
Fun with Google Patent Search: Why does the maker of Windows hold a patent on
a door hinge?
,----[ Quote ]
| The patent was granted in 1998 and received a dribble of publicity
| in 1999, but I'm hard pressed to find any meaningful explanation for
| a door hinge being in the control of the company that made Windows famous.
`----
http://www.networkworld.com/community/?q=node/9721
Commerce Secretary names Schramm to innovation panel
,----[ Quote ]
| He will be part of a lineup that includes the Microsoft Corp. CEO
| Steve Ballmer, 3M CEO George Buckley, UPS Chairman and CEO Michael Eskew,
| IBM CEO Samuel Palmisano and Wal-Mart Stores Vice Chairman John
| Menzer.
`----
http://biz.yahoo.com/bizj/061206/1386414.html?.v=2
Did Microsoft just patent sudo?
,----[ Quote ]
| 1985, huh? And when did this Microsoft patent happen? It was filed in
| 2000. Well gee, that doesn't make sense. How'd they get the patent?
| It certainly falls under the category of "obvious" if there's prior
| art such as sudo.
|
| What makes this whole thing funny, though, is something I saw a couple
| days ago. Head over to Builder-AU and listen to Peter Watson from
| Microsoft. He says,
|
| "User Account Control is a great idea and strategically
| a direction that sort of all operating systems and all technology
| should be heading down"
|
| Excuse me? Does he really believe this is all Microsoft's great new
| idea?
|
| In the end, this seems like a patent that Microsoft will hold up and
| say "we have a patent and Linux is violating it!" They won't ever
| sue on it though (just leave the threat hanging to scare away
| potential users), because then they could have the patent revoked.
| It's better for them to just wave it around.
`----
http://ubuntulinuxtipstricks.blogspot.com/2007/05/did-microsoft-just-patent-sudo.html
Microsoft Wins in Supreme Court; AT&T Ruling Overturned
,----[ Quote ]
| In a stunning 7-1 decision with extremely broad implications in
| the field of patents and patentability, the US Supreme Court has
| overturned a Federal Circuit ruling that was in favor of AT&T,
| and has apparently affirmed Microsoft's arguments that software
| coupled with the device on which the software is installed
| cannot be considered patentable.
`----
http://www.betanews.com/article/Microsoft_Wins_in_Supreme_Court_ATT_Ruling_Overturned/1177944397
Half A Loaf
,----[ Quote ]
| Yes, open source will have access to the interoperability information
| on "reasonable" terms (ask independent open source developers how many can
| afford to cough up the $15,000 such access will cost), but nothing in this
| statement indicates the Commission has overcome Microsoft's "refusa[al] to
| make the [patent] licence compatible with the open source business model." In
| fact, we can expect that nothing about that patent license will be compatible
| with the most widely used open source license, the GNU General Public
| License.
`----
http://walkingwithelephants.blogspot.com/2007/10/half-loaf.html
EU tells open source to start paying MS patent tax
,----[ Quote ]
| EU Commissioner Kroes' deal with Microsoft creates real dangers to Europe's
| growing open source economy, warns the FFII. Using patent licenses that
| exclude businesses, the software monopolist has turned the EU competition
| ruling into a victory, and now gets implicit support from the Commission to
| proceed aggressively against its competitors.
`----
http://press.ffii.org/Press_releases/EU_tells_open_source_to_start_paying_MS_patent_tax
Late night baseball games, Microsoft concessions evoke big yawns at open source
water cooler
,----[ Quote ]
| It will benefit purveyors of proprietary software but not open source
| developers, agreed Michael Goulde, analyst of open source strategy at
| Forrester Research, Cambridge, Mass. “Some open source developers believe
| that Microsoft should make its protocols available for use royalty free. In
| some cases, there are open source license restrictions that make it not
| possible for the software to include Microsoft licensed code – because you
| can’t downstream the license. So, unless Microsoft goes way beyond what it
| has agreed with the EU to do, only a subset of open source developers will
| have much interest. They’ll continue reverse engineering Microsoft protocols
| and doing the best they can."
`----
http://blogs.zdnet.com/open-source/?p=1582
Let's Make a Deal - The MS-EU Settlement
,----[ Quote ]
| The patent part is terrible. Worse than terrible. They are not blocked from
| offering patent deals, only constrained as to how much to charge for a
| license, which is not and never was the issue. So they'll beef up those
| initiatives, I'm sure. However, the good part is that they were compelled to
| separate the patent license offer out and make it optional. Thanks, but no
| thanks.
|
| [...]
|
| I'm guessing Microsoft lawyers are high fiving each other, having snatched an
| important victory from utter and total defeat. The rest is excellent, of
| course, and in no way do I mean to detract from the hard work and persistence
| that the EU Commission has shown. However, I don't think they understand how
| seriously broken the US patent system is currently, and how easy it is to
| abuse it, or they don't feel it's their job to fix the US problems, or how
| central patents are to Microsoft's current strategy against FOSS.
`----
http://www.groklaw.net/article.php?story=20071022114731199
EU and Microsoft gang up on the GPL
,----[ Quote
| The future of open source and free software will look like this: first,
| Microsoft will pump money into its franchiseware economy and get very little
| back. Second, IBM will do the same with its own franchiseware economy (the
| Apache Foundation) and get a lot more back, because IBM actually understand
| how this works. Last, all remaining projects will move to the GPL, with a few
| exceptions. And it's that economy, the one based on formal copyleft licenses,
| and backed by increasing determination to litigate and defend against
| litigation, that will prevail.
|
| Like every actor that thinks it's conducting the orchestra, Microsoft is as
| much a puppet of circumstance as any one of us.
`----
http://www.digitalmajority.org/forum/t-24101/opinion:eu-and-microsoft-gang-up-on-the-gpl
|
|
