CyberNerd Posted November 15, 2011 Posted November 15, 2011 Open Source Fact and Fiction: Barnes & Noble Blows The Lid Off Microsoft's Android Patent Squeeze
featured_spectre Posted November 15, 2011 Posted November 15, 2011 Some of those should be thrown Apples way also!
CyberNerd Posted November 15, 2011 Author Posted November 15, 2011 Some of those should be thrown Apples way also! Apple would have fought back with their own patents, as would google. MS gambled on the fact that the asian phone manufacturers wouldn't win in a US court and B+N too small. I'm glad B+N are fighting back. Hopefully someone will see sense in these stupid patent battles and the money could actually go into research instead of frustrating innovation with litigation.
SYNACK Posted November 16, 2011 Posted November 16, 2011 Lesser of two evils, they pay MS for two reasons, their patents and more importantly to keep Apple at bay. With MS they pay a fee and MS sheilds them with their patents from Apple who demand the removal of the device from market. A much more reasonable if imperfect solution than the alternative of letting Apple try to make anything without an Apple lable illegal to buy or own.
sted Posted November 16, 2011 Posted November 16, 2011 How on earth are any of them patentable showing load status in the bar ffs thats almost like patenting an arrow as a mouse pointer
Dos_Box Posted November 16, 2011 Posted November 16, 2011 How on earth are any of them patentable showing load status in the bar ffs thats almost like patenting an arrow as a mouse pointer DON'T GIVE THEM IDEAS!!!!
MK-2 Posted November 16, 2011 Posted November 16, 2011 I've just patented the viewing of text based words on a screen output. By the time you've read this, you've infringed my patent, and owe me at least $100 each. See you in court suckers!!!
featured_spectre Posted November 16, 2011 Posted November 16, 2011 (edited) I'm going to patent patenting...that should net me a few trillion. Edited November 16, 2011 by featured_spectre
MK-2 Posted November 16, 2011 Posted November 16, 2011 I'm going to patent patenting...that should net me a few trillion. I'll patent playing online games called Battlefield 3. That'll net me the few trillions off you
SYNACK Posted November 16, 2011 Posted November 16, 2011 Patents are weird, they lead to trolls running the world and everyone else living under bridges to hide. Its a broken system put foward by a broken and corrupt govenment. Software patenting is stupid and time has told that with the current laws you need some even if you disagree with them to be able to sell anything in the corporatly run theme park we now live in.
X-13 Posted November 16, 2011 Posted November 16, 2011 who demand the removal of the device from market. Wouldn't antitrust laws stop that anyway?
SYNACK Posted November 16, 2011 Posted November 16, 2011 Wouldn't antitrust laws stop that anyway? Ask Apple's laywers, they seem to be quite good at restricting products in Germany and Australia. Besides laws don't apply to Apple, that would be uncool.
X-13 Posted November 16, 2011 Posted November 16, 2011 Ask Apple's laywers, they seem to be quite good at restricting products in Germany and Australia. Besides laws don't apply to Apple, that would be uncool. I need to become a Judge. I would literally slap these people out of court.
CyberNerd Posted November 16, 2011 Author Posted November 16, 2011 How on earth are any of them patentable showing load status in the bar ffs thats almost like patenting an arrow as a mouse pointer I'm sure that would be patentable -MS already patented using a stylus instead of a mouse ! United States Patent: 6791536 I'm shocked at these things get through this screwed up system
CyberNerd Posted November 16, 2011 Author Posted November 16, 2011 (edited) Wouldn't antitrust laws stop that anyway? This case essentially IS an antitrust law. B+N are essentially alleging that MS using their dominant desktop position by misusing trivial patents to put a stranglehold on opensource software (not just android). I'm sure this could also apply to what Apple are doing by restricting sales, but theres a lot more evidence with respect to MS's history of illegal behaviour when they can't compete of fair terms - so B+N have a better chance of winning. The nitty gritty is on Groklaw: Groklaw - Barnes & Noble's Letter and Slides Presentation Filed with the ITC ~ by pj - Updated and a good outline of the allegations are here: http://www.groklaw.net/pdf3/MSvBN-slides.pdf Edited November 16, 2011 by CyberNerd
X-13 Posted November 16, 2011 Posted November 16, 2011 this could also apple to what Apple http://t0.gstatic.com/images?q=tbn:ANd9GcSXXUx1bzQQsUphcwxRMazh9Qt4vutt1Tuaqq9lrkoYNxn2w-VpCPJGrQ I really wish the GNU/Linux crowd would pull their fingers out and work on ONE project and not a billion different ones. Provide a real threat to Microsoft and maybe, just maybe, they'll stop this foolishness.
CyberNerd Posted November 16, 2011 Author Posted November 16, 2011 ^ sorry, this could also apply to what Apple are doing.
X-13 Posted November 16, 2011 Posted November 16, 2011 I know. It was just funny and couldn't be left uncommented on. [Le Grammar... She fails.] These companies, Microsoft, Apple and anyone else who do this, should get their companies dissolved. They obviously have no idea how to conduct business properly and therefore shouldn't be allowed to ruin it for everyone else.
SYNACK Posted November 16, 2011 Posted November 16, 2011 I know. It was just funny and couldn't be left uncommented on. [Le Grammar... She fails.] These companies, Microsoft, Apple and anyone else who do this, should get their companies dissolved. They obviously have no idea how to conduct business properly and therefore shouldn't be allowed to ruin it for everyone else. Agree'd it is smarmy but they are just following the rules. Who wrote the rules is another question heavily leaning towards companies (possibly some of the same ones) lobbying to buy their custom laws in the US. It only needs a few nasty people/companies to change the rules and ruin the game for everyone, unfourtunatly this is what has happened.
CyberNerd Posted November 16, 2011 Author Posted November 16, 2011 Agree'd it is smarmy but they are just following the rules. If MS were following the rules they wouldn't be taken to the antitrust court for abusing their position; the allegation isn't that they are following the rules by patenting things.
SYNACK Posted November 16, 2011 Posted November 16, 2011 If MS were following the rules they wouldn't be taken to the antitrust court for abusing their position; the allegation isn't that they are following the rules by patenting things. The patent rules (which allow for this noncense) and the economic rules (you must make money for your shareholders). Yes its fun to trapese out the antitrust lockin stuff again but this is not about lockin, rather about patents for stuff that they were able to get. Just like other companies. The current system means that even trivial junk can be patiented and it is up to everyone else to contest it afterwards at their own cost. This is stupid and has apparently been changed with the patent office now being told to check that it is not blatent. This does not even cover comunity design junk which was an EU brainfart and allows you to legaly persue people for using a shape that you like. I wonder what Einestein would think of his old place of employment now with all thit braindead junk going on. Especially while real patents surrounding actual technology like antenna design, SoC radios etc are routinely flouted.
CyberNerd Posted November 16, 2011 Author Posted November 16, 2011 The patent rules (which allow for this noncense) and the economic rules (you must make money for your shareholders). Yes its fun to trapese out the antitrust lockin stuff again but this is not about lockin, rather about patents for stuff that they were able to get. This is another Antitrust case: I thought you might like to see the letter [PDF] Barnes and Noble filed with the ITC and the slides [PDF] titled, "Microsoft's Anticompetitive Behavior in the Mobile Operating System Market", that Barnes & Nobles presented to the US Department of Justice's Antitrust Division in July and filed with the ITC as an exhibit, in which it lays out its complaint about Microsoft. It's a compelling read. There are some further exhibits also, including the Barnes & Noble letter to the US DOJ back in April. In effect, Barnes & Noble says Microsoft is doing what's it's done in the past against Netscape and Java, only now the target is Android and the weapon of choice is patents. I also thought you'd probably have questions about how there can be an antitrust complaint over patents, since by their very nature patents are a granted monopoly, so I found some resource material for you. For me too, actually, because I was wondering about it myself. You'll find our old friend SCO Group on page 9 of the slide presentation, by the way, on a list titled "Microsoft Infringement Suits Against Open Source Software", with an annotation: "Microsoft provided financial support to SCO, enabling it to file and litigate several infringement suits targeting open source software." And Barnes and Noble alleges that the Nokia deal included an agreement to pool and then use patents in an aggressive attack against Open Source. Groklaw - Barnes & Noble's Letter and Slides Presentation Filed with the ITC ~ by pj - Updated Groklaw - Barnes & Noble Exposes Microsoft's "Trivial" Patents and Strategy Against Android ~pj Updated
SYNACK Posted November 16, 2011 Posted November 16, 2011 Well it shall be interesting, filing is not proof though as you can file against practicly anything whether it is found to have merit and put forward into actual trial is another matter. Who knows maybe it will be the start of the end of the shonky patent system but I suspect if it does get traction either only MS will be punnished despite others doing the same or there will be new laws that magicly show up to save the day for the large companies.
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