[News] [Rival] OIN Interview on Patent Trolls, Including Ubertroll Microsoft - Linux

This is a discussion on [News] [Rival] OIN Interview on Patent Trolls, Including Ubertroll Microsoft - Linux ; Getting Inventive With Software Patents ,----[ Quote ] | A couple weeks ago I had the opportunity to talk to OIN's CEO, Jerry | Rosenthal, who was with IBM for 37 years before setting up OIN. His comments | about ...

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Thread: [News] [Rival] OIN Interview on Patent Trolls, Including Ubertroll Microsoft

  1. [News] [Rival] OIN Interview on Patent Trolls, Including Ubertroll Microsoft

    Getting Inventive With Software Patents

    ,----[ Quote ]
    | A couple weeks ago I had the opportunity to talk to OIN's CEO, Jerry
    | Rosenthal, who was with IBM for 37 years before setting up OIN. His comments
    | about patent trolls – companies whose business is based purely around suing
    | others for alleged patent infringement, rather than on making and selling
    | things – and how to deal with them, are particularly interesting in the light
    | of what has happened since the interview took place.
    `----

    http://www.linuxjournal.com/node/1001964


    Related:

    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...129TX1K0000616


    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


    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?s...61009152706664


    ,----[ 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

  2. Re: [News] [Rival] OIN Interview on Patent Trolls, Including Ubertroll Microsoft

    ____/ [H]omer on Wednesday 24 October 2007 13:31 : \____

    > Verily I say unto thee, that Roy Schestowitz spake thusly:
    >
    >> ,----[ Quote ]
    >> | A couple weeks ago I had the opportunity to talk to OIN's CEO,
    >> | Jerry Rosenthal, who was with IBM for 37 years before setting up
    >> | OIN. His comments about patent trolls – companies whose business is
    >> | based purely around suing others for alleged patent infringement,
    >> | rather than on making and selling things

    >
    > It's a despicable business model, on a par with assimilating technology
    > to destroy the competition, then palming it off as "innovation".
    >
    > Of course the combination of both these revolting business methods is
    > pretty much the definition of Microsoft's business strategy.


    Only when...

    When Pearly met Ego.

    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+o...j=news.1071.20


    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/bi...usinesses.html

    --
    ~~ Best of wishes

    Roy S. Schestowitz | Useless fact: Sharks are immune to cancer
    http://Schestowitz.com | RHAT GNU/Linux | PGP-Key: 0x74572E8E
    run-level 2 2007-10-16 15:14 last=
    http://iuron.com - help build a non-profit search engine

  3. Re: [News] [Rival] OIN Interview on Patent Trolls, Including Ubertroll Microsoft


    "[H]omer" wrote in message news:riq3v4-sdh.ln1@sky.matrix...
    > Verily I say unto thee, that Roy Schestowitz spake thusly:
    >
    >> ,----[ Quote ]
    >> | A couple weeks ago I had the opportunity to talk to OIN's CEO,
    >> | Jerry Rosenthal, who was with IBM for 37 years before setting up
    >> | OIN. His comments about patent trolls – companies whose business is
    >> | based purely around suing others for alleged patent infringement,
    >> | rather than on making and selling things

    >
    > It's a despicable business model, on a par with assimilating technology
    > to destroy the competition, then palming it off as "innovation".
    >
    > Of course the combination of both these revolting business methods is
    > pretty much the definition of Microsoft's business strategy.
    >

    That just shows an incredible bias against Microsoft or else an incredible
    stupidity, Homer! Microsoft has never sued anyone for patent infringement
    and has made every cent of their vast fortunes from making and selling
    software. Your biases are making you look stupid and you need to deal with
    that or else you will be forever stuck in your sorry rut.


  4. Re: Microsoft Plays Patent Poker - holding a pair of dueces.

    On Wed, 24 Oct 2007 08:34:12 -0700, Rex Ballard wrote:

    > Remember, when OSS contributors publish their OSS software, or even
    > fixes and upgrades, all of the source code is usually kept in a CVS
    > repository. The repository requires authentication to update, and
    > keeps a record of who make exactly which changes to what piece of
    > software. If the submitter turns out to be an undergraduate college
    > student, and the plaintiff can't prove that the college student had
    > prior knowledge of the patented software, then it can easily be argued
    > that the patent was invalid in the first place since it could be
    > intuitively derived from available information by someone with common
    > knowledge of the related technology.


    No, Rex. That's not how patents work.

    What may be obvious today, may not have been obvioius 10 years ago when a
    patent was acquired. The 'college student' may not have had access to the
    patent in question (though that's hard to prove since patents are published
    publicly), but he may have had access to some derivitive, or the
    information may simply become widely known from various sources.

    There is no way in hell that your claim would ever cause a patent to be
    overturned. But this fits your motto of "it might have happened that way"
    being the same as "it did happen that way".

    > Conversely, if the OSS repository shows that the submission was made
    > before the patent application was made, and the prior art was not
    > listed in the application, then this could also nullify the patent,
    > because omitting the prior art would be implicit fraud. If the
    > plaintiff actually has a record of having accessed the OSS art form,
    > then they could be counter-sued for triple damages, for attempting to
    > enforce a fraudulent patent.


    No, it would not be fraud, Rex. At best it would be grounds for retraction
    of the patent. The only way to prove fraud would be if you could prove
    that the patent author knew of that prior art, and even then there is no
    legal liability to it.

    Start living in reality for a change, Rex.

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