Summary: Cloudflare and Cloudera are under attack from non-practicing entities (trolls) with software patents, exploiting the perception of novelty around the mythical “cloud”
TECHRIGHTS has published a number of articles about the (mis)use of buzzwords to patent things that are neither novel nor patent-eligible. Common examples are “AI”, “Cloud Computing”, and “IoT”. We don’t want to delve into the debate over why those terms as nonsensical as downright marketing; instead we’ll say that in most cases these allude to software inventions that are not patentable after Alice (or would not be enforceable in a court of law or even PTAB).
Kemp IT Law recently wrote: “This blog develops the themes of our February piece on cloud availability risks from software patent claims.”
Well, “Cloud Computing” (in general) does not exist. It’s a buzzword that mostly alludes to servers (the original uses of the term meant something else). The term is poisonous; it’s growingly used as a Trojan horse for fake novelty and software patents that wrongly assume or piggyback this sort of novelty (like running “on a server”, i.e. something physical). Here are some relevant posts on the subject:
Right now, Cloudflare is trying to defend itself from patent trolls. The latest article we saw about it was titled “Cloudflare trolls patent troll, offers $50k bounty for prior-art invalidation” and we wrote some articles about it [1, 2, 3]. Not a word since…
Another company, the FOSS-centric Cloudera, has come under attack from the University of Tennessee. So a publicly-funded institution resorts to attacking a company that’s based on FOSS? Who is likely to benefit from that? “The University of Tennessee has sued software company Cloudera for patent infringement over its use of data processing systems,” WIPR wrote.
Sadly, we expect to hear about more such cases and as long as they say something about “cloud” it may be wrongly assumed to be innovative. █
Cloud Trolls Are Clouding Their Software Patents in the “Cloud Computing” Buzzword
Cloudflare and Cloudera are under attack from non-practicing entities (trolls) with software patents, exploiting the perception of novelty around the mythical “cloud”
The Microsoft Operandi: Linux-Centric Xiaomi Pays Post-Microsoft Entryism Nokia for Patents
The passage around of patents still enables Microsoft to drive up the price of Free/libre operating systems, which are also under attack from European authorities owing to Microsoft’s heavy lobbying there
The EPO’s Liar in Chief, Benoît Battistelli, is Googlebombing Again
The latest distractions and lies from the European Patent Office (EPO), which is run by a charlatan to whom facts are an enemy, media is something to be paid for, and people are worthless “assets” to be exploited and then thrown away
Expect No Progress Whatsoever on the Unified Patent Court (UPC) During the Summer and Likely Too Little Even in Fall
The Unified Patent Court (UPC), which is often referred to as Unitary Patent, is in a potentially fatal deadlock or limbo ahead of the summer vacation and no progress can be made probably until winter (if ever)
Death Trap: The ‘New’ (Nouvel) Building of the EPO
The disaster of a project (Nouvel), where huge losses are made and the EPO would get sued (if it were not for its notorious immunity), sees yet another tragedy, with more likely to come
Suspicion That Antonio Campinos Will Apply for Benoît Battistelli’s Job to Succeed Him
The future of the EPO is beginning to look like it’s dominated by some of the people whose relationship with Battistelli was explored in depth before
Links 5/7/2017: Size of Linux Kernel 4.12, Release of Kube 0.3.1, GCC 6.4
Links for the day
Patent Lobbying by Patent Law Firms Down Under
Lexology gives Griffith Hack, FB Rice, and AJ Park a platform for influence and marketing that strive to alter how patents are dealt with in New Zealand and Australia
Ignore So-Called Professional Advice From Patent Law Firms and Share Information
A roundup of patent news and supposed ‘advice’ from firms whose sole motivation is to increase the number of patents irrespective of patent quality and effects on science
If the NSA Pursues Software Patents, Subsidised by Taxpayers, They Should be in the Public Domain, Not up for Licensing
Profit for private companies and tax on the public is “not wittingly” part of this latest patent scheme, which sees public investment turning into a monopoly
EPO Silent About EPO Strikes and Battistelli Leaving
The staff has not been at work since Thursday (due to a strike) and Battistelli’s job is being offered to someone else, but the EPO says nothing about it (in fact, it actively distracts from it)
Links 4/7/2017: Market Share Debate is Back, Libinput 1.8 Released
Links for the day
It’s Official: Battistelli Will Leave the EPO in Less Than a Year
Battistelli’s position is up for grabs, but it remains to be seen who takes this position and what Battistelli does afterwards
4 Days of Strike in a Row (Including Weekend), But Tomorrow is No Independence Day at the EPO
With a tyrant at the Office (not the Oval Office but the European Patent Office) this year’s Independence Day will feel like anything but, even though the staff made it abundantly clear that it is fed up and unwilling to tolerate it any longer
India Has No Software Patents “Per Se” Just Like Europe Has No Software Patents “As Such”
India’s software industry is at risk due to revisions which act as provisions to software patenting loopholes
Links 3/7/2017: Microsoft Layoffs, New Linux Kernel, New Linux Mint, and Older FOSS News
Links for the day
Professor Pamela Samuelson Debunks the Concept of ‘IP’ by Separating Copyrights From Patents and Demonstrating That Copyrights Are Sufficient for Software
In a paper entitled “Functionality and Expression in Computer Programs: Refining the Tests for Software Copyright Infringement” Samuelson explains that working around copyright infringement isn’t as trivial as proponents of software patents want us to believe
India Continues to Reject Software Patents in Spite of Pressure From Foreign Companies Like IBM
The Indian patent office reaffirms its commitment to banning software patents in spite of growing pressure from companies that are not even Indian (and their law firms)
The Patent Trial and Appeal Board (PTAB) is Under Attack From the Patent Microcosm, Which Wants It Not to Exist Anymore
Attempts to revert back to a system full of lawsuits, trolls and blackmail are publicly seen in the form of “STRONGER Patents Act” — a supposed ‘improvement’ that strives to roll back PTAB
Microsoft’s Troll Intellectual Ventures, via Dominion Harbor, Goes Patent-Trolling in China
The patent assault on the market, funded directly and indirectly by Microsoft and Bill Gates, will target companies that typically use Android or other Linux-based operating systems
The Decline in Patent Quality at the European Patent Office (EPO) Already Causes Mass Abandonment of Patents
The systematic cheapening of patents at the EPO, i.e. the lowering of patent bars by Battistelli with his ludicrous policies, is already causing serious damage to the perceived value of European Patents (EPs)
Links 1/7/2017: Kubernetes 1.7 and Mesa 17.1.4 Released
Links for the day
The Future of the EPO Does Not Look Encouraging as Injustice and Abuse Carry On While the Press Looks the Other Way
In the absence of justice and lack of people who truly care about justice inside and outside (e.g. ILO) the EPO, combined with lack of press coverage and zero accountability from politicians (facing a barrier of immunity), the EPO continues its downward trajectory
Links 30/6/2017: Ubuntu 17.10 Alpha 1, Mozilla Employee Denied Entry to the United States
Links for the day
Caricature: Charlie EPO
The end of Minnoye’s career (that’s today) at the EPO is celebrated by the above cartoon
Former ‘Kats’ Debunk IP Kat (Bristows) on Unitary Patent, Insisting It May Even be Dead
Team UPC, whose entire raison d’être is to promote the UPC, struggles to reinvent itself and instead tries drawing blood from a stone, causing all sorts of disagreements among patent professionals (those who aren’t in Team UPC)
The EPO Has Officially Confirmed That Christoph Ernst Will ‘Boss’ (and Soon Replace) Battistelli
Now that Ernst’s appointment is official (effective within a few months), it remains to be seen where he stands regarding Battistelli, the staff representation, the defunct UPC campaign and more
Lack of Patent Quality at the EPO Already Leads to the Axing of Many European Patents (EPs) in Bulk
The EPO takes away from people something which they thought they had, spurring distrust and anger at the Office and ultimately devaluing EPs (perceived value)
Feedback From the Administrative Council Meeting at The Hague: Worse Than Anyone Expected
Staff of the European Patent Office loses yet more of its basic rights, after the Administrative Council basically nods at/accepts one of Battistelli’s most controversial proposals
The UPC’s Figurehead, Alexander Ramsay, Admits UPC is Stuck, Bristows LLP Comes Up With ‘Alternative Facts’
The Unified Patent Court (UPC) isn’t making progress, but those who are keen to spin, mislead, distort facts and even falsify/fabricate statements would have us believe otherwise
http://techrights.org/2017/07/05/cloud-trolls-in-cloudwashing-domain/
