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Software patent reform needed to stop legal bullying
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| For all that, patents are weak protection. "Software patents are four times
| more likely to be litigated than patents covering an industry for which
| patents work relatively well, chemical processes," says Michael Meurer,
| professor of law at Boston University.
|
| But it's not just a problem for the software vendors. IT professionals have
| felt the FUD created by patent squabbles between IT vendors. Microsoft caused
| quite a stir two years ago with its patent-based threats against users of
| Linux (albeit no lawsuits ever materialized).
`----
http://www.networkworld.com/news/2009/041409-software-patent-reform.html
Recent:
Bradley and Karen discuss the settlement of the Microsoft/TomTom law suit and
the implications for the software freedom community.
,----[ Quote ]
| This show was released on Tuesday 14 April 2009; its running time is
| 00:34:36.
|
| [...]
|
| # Bradley and Karen were in San Francisco attending the Linux Foundation's
| Collaboration Summit (00:46)
| # “Producer Dan” is Dan Lynch of half baked media. (01:10)
| # Bradley mentioned Nehru jackets, notably worn by Ricardo Montalbán as Khan
| in Star Trek. (01:23)
| # On 30 March 2009, Microsoft and TomTom settled their patent dispute. (2:30)
| # Bradley mentioned two articles on 29 December 2008 and on 29 January 2009
| in SD Times where he and Sam Ramji debated Microsoft's policies toward the
| FLOSS community. (04:20)
| # Karen and Bradley talk about Microsoft's historic patent threats against
| Linux. Bradley refers to Microsoft's assertions just 16 months before its
| aggression with TomTom. (4:29)
| # Bradley mentions that many agree that Microsoft's FAT file patent should
| not be considered a valid patent. (6:30)
`----
http://www.softwarefreedom.org/podcast/2009/apr/14/0x0B/
TomTom & Microsoft each file notices of dismissal "without prejudice"
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| Two notices of dismissal have been filed with the courts -- Microsoft's in
| Washington State, and TomTom's in Virginia, each dismissed without prejudice,
| ending both patent litigations. "Without prejudice" means that either could
| ramp it up and do this some more in the future, should circumstances arise
| that made it necessary. But in most cases, it means the litigation, or
| whatever, is over. Remember when SCO withdrew "without prejudice" its
| emergency motion to sell its assets, or Novell's assets, depending on your
| point of view? We never saw that again, did we, despite it being
| withdrawn "without prejudice".
`----
http://www.groklaw.net/article.php?story=20090402200704369
Analysis: Microsoft-TomTom settlement is end of a battle, not the war
,----[ Quote ]
| The Software Freedom Law Center, an organization focused on protecting
| open-source and free software, said in a statement that the "settlement
| between Microsoft and TomTom ends one phase of the community's response to
| Microsoft patent aggression and begins another. On the basis of the
| information we have, we have no reason to believe that TomTom's settlement
| agreement with Microsoft violates the license on the kernel, Linux, or any
| other free software used in its products. The settlement neither implies that
| Microsoft patents are valid nor that TomTom's products were or are
| infringing."
`----
http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9130832
TomTom - "Settled, But Not Over Yet" says SFLC
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| There's more. Red Hat's legal eagles have put out a statement too, the meat
| of which is this: "Red Hat was not a party to this case. Even so, without a
| judicial decision, the settlement does not demonstrate that the claims of
| Microsoft were valid."
|
| In fact, SFLC says they believe they are invalid:
|
| The FAT filesystem patents on which Microsoft sued are now and have
| always been invalid patents in our professional opinion. SFLC remains
| committed to protecting the interests of our clients and the community.
| We will act forcefully to protect all users and developers of free
| software against further intimidation or interference from these patents.
|
| SFLC, working with the Open Invention Network and the Linux Foundation,
| is pleased to participate in a coordinated, carefully graduated response
| on behalf of all the community's members to ongoing anti-competitive
| Microsoft conduct. We believe in strength through unity, and we think our
| community's unity in the face of these threats has helped to bring about
| Microsoft's quick settlement on all issues with TomTom.
`----
http://www.groklaw.net/article.php?story=20090330181547642
Related:
Sun exec accuses Microsoft of 'patent terrorism'
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| The efforts of Microsoft to pressure the Linux community over alleged and
| unspecified patents is akin to "patent terrorism", according to a local
| executive for Sun Microsystems.
`----
http://www.zdnet.com.au/news/software/soa/Sun-exec-accuses-Microsoft-of-patent-terrorism-/0,130061733,339280437,00.htm
Microsoft, the art of Corporate Terrorism.
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| Microsoft, no longer the technological leader in the Computer Desktop
| market, is taking on a terrorist role in its attempt remain in power
| at all costs. (see the link to the CNN story below)
|
| The tactic is intended to frighten current, and would be, free
| software users away from products that Microsoft just can't compete
| with. It's not a new tactic, but for the first time desperation is
| beginning to show.
`----
http://sweetcomputing.com/index.php?wiki=Microsoft_Terrorism
Convicted Monopolist Terrorizes Software Industry
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| That headline is designed to grab your attention. Sensationalistic as
| it may be, it also happens to be true, if what you mean by 'terrorize'
| is to provoke fear.
|
| If you've been following the presidential race in the United States,
| you know the present crop of candidates have been exploiting the fear
| of the American people as they never have before in the history of
| the country.
`----
http://www.linux.org/news/opinion/ms_threats.html
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