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[News] Android (Linux) Has big Companies Conceding Patents, Contributing Code

  • Subject: [News] Android (Linux) Has big Companies Conceding Patents, Contributing Code
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Fri, 15 Feb 2008 10:57:17 +0000
  • Newsgroups: comp.os.linux.advocacy
  • Organization: Netscape / schestowitz.com
  • User-agent: KNode/0.10.4
Android opens door to IC open source 

,----[ Quote ]
| The backers of Android point to the benefits of an open-source model: more 
| innovation as more companies develop solutions, faster time-to-market, lower 
| price points and even better utilization of the sheer power of the 
| applications processors. Indeed, Texas Instruments and Qualcomm hope their 
| participation in Android will spur design wins and make it easier to 
| incorporate their chips into the wave of Android handset introductions the 
| market is likely to see later this year.      
`----

http://www.eetimes.com/news/semi/showArticle.jhtml?articleID=206504233

In other news about software patents:

Internet Software Patents

,----[ Quote ]
| A couple of months later, I got dragged into the case via subpoena. Now I was 
| an unpaid material witness. Because I was the actual developer of one-click 
| ordering, not just an expert poring over old documents and publications, I 
| would have to testify at least about what I knew.   
| 
| One-click ordering is as simple as the checkbox that you see on most Web 
| sites to "keep me logged in". The server sends the browser a "persistent 
| cookie" that the browser returns every subsequent time the user requests a 
| page, even if the computer has been restarted in the interim. That way the 
| server (online store) can identify the browser (customer) and re-use the 
| payment and shipping information from the previous order.     
| 
| I was asked "Why didn't you patent this yourself, if you developed it first?" 
| My reply was "It only took me an hour to build; if I went down to the patent 
| office after every hour of programming, I wouldn't get very much done."  
| 
| Fortunately, the case was settled and I never had to appear in court. I 
| decided that maybe next time it would be smarter to take the money and get 
| paid for the work.  
`----

http://philip.greenspun.com/business/internet-software-patents

Software Patents: Please share experiences and current wisdom!

,----[ Quote ]
| My law practice is in California and I work in various areas including civil 
| litigation, business and real property law. I am currently expanding my soft 
| IP practice (i.e. software licensing, website language, trademark, etc.), 
| which is what I studied in law school back in the '90s. As I'm picking up 
| software development clients, the issue of software patenting is coming up. 
| The patent attorney I typically refer out to tends to be reluctant to 
| recommend software patenting because his typical patent application 
| processing time with the USPTO is about 5 years, which tends to extend beyond 
| the expected lifespan of the typical software application. Copyright has its 
| limitations and I have seen many references to software patenting in LInkedIn 
| discussions. What are your experiences and pros/cons relating to software IP 
| protection? What is your reaction/response to the USPTO's slow patent 
| processing?             
`----

http://www.linkedin.com/answers/law-legal/corporate-law/intellectual-property/LAW_COR_IPP/171795-17933948

Friday Miscellany, 2/15/08

,----[ Quote ]
| 2) When Acacia (a California corporation) sued Apple (a California 
| corporation) for the second time recently in the Southern District of 
| Illinois, I asked out loud in one of my posts, why the SDIL? I think I may 
| know the answer: because it's faster than Texas. Document Generation v. 
| Allmeds got an 18-month time-to-trial already - June 2009. In Texas, that 
| case would have been slated for trial probably six months later than that, at 
| least. What remains to be seen is if it's a district that will transfer cases 
| out, like WDWI.       
`----

http://trolltracker.blogspot.com/2008/02/friday-miscellany-21508.html


Related:

EU: Microsoft Raised IP Rights As Late Defence In European Case

,----[ Quote ]
| Microsoft’s rival Sun Microsystems had complained to the Commission that the 
| US software giant would not grant it data needed to ensure that Windows was 
| interoperable.  
| 
| “Microsoft’s defence was that the information was covered by intellectual 
| property rights,” Hellstrom said. “This argument was never used when Sun 
| asked for the information. It was only used in the eleventh hour. Microsoft 
| showed one patent a day before we adopted our decision [in 2004].”   
| 
| [...]
| 
| Rishab Aiyer Ghosh, a senior researcher with the United Nations University in 
| Maastricht, Netherlands, noted that royalty-free standards are already being 
| used in the computer industry. For example, the World Wide Web Consortium, a 
| body dedicated to greater advancement of the Internet, promotes interoperable 
| software.    
`----

http://www.ip-watch.org/weblog/index.php?p=920


Microsoft patents by Brian Jones

,----[ Quote ]
| For fun we just did a quick search of published US patent applications 
| with "Brian Jones" as an author, and "Microsoft" as the assignee. 
| 
| [...]
| 
| Some of these, like the packing ones, seem to apply directly to OOXML. What 
| isn't clear to us is why Microsoft would pursue patent protection for patents 
| rights that their are promising that they won't assert over users of OOXML.  
`----

http://www.noooxml.org/forum/t-35323/microsoft-patents-by-brian-jones


Wishful Spinning

,----[ Quote ]
| OOXML gets adopted. More and more projects are started. Let's see which of 
| these would survive without funding. Meanwhile a spin factory sends out 
| success stories that most bloggers find worthless to discuss. It is possible 
| to get the Krauts on board that are supposed to review OOXML but would OOXML 
| survive a review by the crowds?    
`----

http://www.noooxml.org/forum/t-35292/wishful-spinning


Digging in the Comments: Patents

,----[ Quote ]
| Patent licensing is probably the most important aspect for all third parties 
| that want to implement or use the Open XML specification. Unfortunately the 
| Ballot Resolution Meeting cannot discuss these aspects because only technical 
| and editorial issues would get resolved.   
| 
| [...]
| 
| When you have a patent which covers Open XML and you refuse to license it, 
| the standard process gets stalled. Large companies in the standardization 
| process are reluctant to use that nuke option. Given the ambush that the 
| software patent practice means today it is quite possible that Open XML 
| infringes a patent and all parties eventually have an obligation to license 
| it.     
`----

http://www.noooxml.org/forum/t-31491/digging-in-the-comments:patents


Patent threat looms large over OOXML

,----[ Quote ]
| "If OOXML goes through as an ISO standard, the IT industry, government and 
| business will encumbered with a 6000-page specification peppered with 
| potential patent liabilities" said NZOSS President Don Christie.  
| 
| "Patent threats have already been used to spread doubt amongst organisations 
| keen to take advantage of the benefits of open source. No one knows whether 
| such claims have any merit, but it is calculated to deter the development and 
| use of open and alternative toolsets."   
`----

http://nzoss.org.nz/node/179


Cyberlaw OOXML Seminar 14 December

,----[ Quote ]
| However, this raises the issue - what assurance does a developer have that 
| such a large specification is not the subject of third party patent claims?  
|       ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
| The pedigree of the specification is certainly no reason for hope, Microsoft 
| has been the target of third party patent claims for some time now including 
| some high profile losses in patent suits. The fact that the specification has 
| been developed behind closed doors and on a fast track means that there has 
| been no adequate opportunity to evaluate the likelihood of third party patent 
| claims against the specifications. The sheer size of the document suggests 
| there will be at least a couple hiding in there somewhere.       
`----

http://brendanscott.wordpress.com/2007/12/13/cyberlaw-ooxml-seminar-14-december/


ISO warned about possible patent violations of DIS29500 (aka OOXML)

,----[ Quote ]
| I have just send the following email to ISO members (you can find some of 
| their email addresses on the INCTIS website) to warn them about the possible  
| patent ambush... 
`----

http://jeremywang67.blogspot.com/2008/01/iso-warned-about-possible-patent.html

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