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Linux Patent Infringement Lawsuit Filed Against Red Hat/Novell

Posted by Zonk on Fri Oct 12, 2007 09:26 AM
from the same-dang-thing-over-and-over dept.
walterbyrd writes "Just months after the last nail in SCO's case, and on the same day as Red Hat's brave words about patent intimidation, a company filed the first patent suit against the Linux operating system. IP Innovation LLC filed the claim against Red Hat and Novell over U.S. Patent No. 5,072,412. PJ points out there is prior art here: 'You might recall the patent was used in litigation against Apple in April 2007, and Beta News reported at the time that it's a 1991 Xerox PARC patent. But Ars Technica provided the detail that it references earlier patents going back to 1984.'"
+ -
story

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[+] SCO Loses 643 comments
An anonymous reader writes "The one summary judgement that puts a stick into SCO's spokes has just come down. The judge in the epic SCO case has ruled that SCO doesn't own the Unix copyrights. With that one decision, a whole bunch of other decisions will fall like dominoes. As PJ says, 'That's Aaaaall, Folks! ... All right, all you Doubting Thomases. I double dog dare you to complain about the US court system now. I told you if you would just be patient, I had confidence in the system's ability to sort this out in the end. But we must say thank you to Novell and especially to its legal team for the incredible work they have done. I know it's not technically over and there will be more to slog through, but they won what matters most, and it's been a plum pleasin' pleasure watching you work. The entire FOSS community thanks you for your skill and all the hard work and thanks go to Novell for being willing to see this through."
[+] Groklaw Guts the Novell/Microsoft Deal 267 comments
walterbyrd writes "Pamala Jones, at groklaw, totally rips apart the Novell/Deal patent protection deal. From the article: 'Justin Steinman reveals that to market their SUSE Linux Enterprise Server against Red Hat they ask, "Do you want the Linux that works with Windows? Or the one that doesn't?" It's just appalling. Let me ask you developers who are kernel guys a question: When you contributed code to the kernel, was it your intent that it be used against Red Hat? How about the rest of you developers? Is that all right with you, that your code is being marketed by Novell like that? I also have questions about antitrust issues, with Microsoft being Novell's partner in such deals and sales pitches. Nothing speaks louder about Microsoft's true determination never to be actually interoperable than this conference.'"
[+] Red Hat Vows To Stand Up To Patent Intimidation 168 comments
mrcgran writes "Eweek is reporting on Red Hat's assurances that can continue to deploy Linux without fear of legal retribution from Microsoft. This, despite the increasingly vocal threats emanating from Redmond. 'In a scathing response to Ballmer's remarks, Red Hat's IP team said the reality is that the community development approach of free and open-source code represents a healthy development paradigm, which, when viewed from the perspective of pending lawsuits related to intellectual property, is at least as safe as proprietary software. "We are also aware of no patent lawsuit against Linux. Ever. Anywhere," the team said in a blog posting.'"
[+] Red Hat Enlists Community Help To Fight Patent Trolls 166 comments
Stickster writes "Back in 2007, IP Innovation filed a lawsuit against Red Hat and Novell. IP Innovation is a subsidiary of Acacia Technologies. You may have heard of them — they're reported to be the most litigious patent troll in the USA, meaning they produce nothing of value other than money from those whom they sue (or threaten to sue) over patent issues. They're alleging infringement of patents on a user interface that has multiple workspaces. Hard to say just what they mean (which is often a problem in software patents), but it sounds a lot like functionality that pretty much all programmers and consumers use. That patent was filed back on March 25, 1987 by some folks at Xerox/PARC, which means that prior art dated before then is helpful — and art dated before March 25, 1986 is the most useful. (That means art found in a Linux distribution may not help, seeing as how Linus Torvalds first began the Linux kernel in 1991.) Red Hat has invited the community to join in the fight against the patent trolls by identifying prior art. They are coordinating efforts through the Post Issue Peer to Patent site, which is administered by the Center for Patent Innovations at the New York Law School, in conjunction with the US Patent and Trademark Office."
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  • by tronicum (617382) * on Friday October 12 2007, @09:29AM (#20952505)
    Those patents cover GUI patents, they apply to window managers that provide virtual desktops. It has nothing to do with the Linux Kernel itself.
      • by TheSciBoy (1050166) on Friday October 12 2007, @10:13AM (#20953253)

        Wrong. They're not attacking GNU/Linux. They are attacking companies that make money selling Linux. They're not after the people who won't pay for an operating system, they're after the people who will. This suit is against Redhat and Novell, who provide a system with a GUI, that GUI infringes on the patent.

        My question is, what product does this company sell that they can claim to have lost revenue on? Or is IP law so crap that there is no need to even have made an attempt at creating a product to be able to sue someone for damages? I mean, I can understand royalties, but damages?

        Also, it will be interesting to see when they informed Redhat and Novell of the infringement since they are suing for willful infringement.

  • Too Late (Score:5, Insightful)

    by The Aethereal (1160051) on Friday October 12 2007, @09:32AM (#20952545)
  • Interesting. (Score:5, Insightful)

    by Aladrin (926209) on Friday October 12 2007, @09:34AM (#20952583)
    I'm going to enjoy watching this play out. It should be noted that this isn't against 'Linux' but appears to be against X... Or maybe KDE... Or Gnome... Or Trolltech's Qt... Or... I'm not really sure because the patent is so vague that it covers just about anything I can think of that does more than 1 thing on the screen at the same time. Even Clippy would violate this patent because it has an input box (workspace) in its dialog while Office is still on the screen.

    So they are Suing RedHat and Novell for using whatever it is that violates the patent. Isn't that a bit like suing Dell because Microsoft's OS infringes on a patent and Dell distributes it?
    • Re:Interesting. (Score:5, Interesting)

      by faloi (738831) on Friday October 12 2007, @09:39AM (#20952669)
      So they are Suing RedHat and Novell for using whatever it is that violates the patent. Isn't that a bit like suing Dell because Microsoft's OS infringes on a patent and Dell distributes it?

      You mean like investigating Dell because they sell hard drives that might infringe on a patent [slashdot.org]?
    • Re:Interesting. (Score:5, Interesting)

      by Constantine XVI (880691) <trash.eighty+slashdotNO@SPAMgmail.com> on Friday October 12 2007, @09:46AM (#20952775)
      It so happens that even Microsoft is violating this patent directly (EXE link warning) http://download.microsoft.com/download/whistler/Install/2/WXP/EN-US/DeskmanPowertoySetup.exe [microsoft.com]
    • Re:Interesting. (Score:5, Insightful)

      by langelgjm (860756) on Friday October 12 2007, @09:51AM (#20952849) Journal

      It's good to see that the original inventors and holders of this patent will finally be compensated for their innovation.

      Oh wait... the company that holds the patent now (IP Innovation) has nothing to do with the original inventors? Well, I hope any damages they are awarded will encourage them to innovate.

      Our patent system is broken.

      • Re:Interesting. (Score:5, Insightful)

        by burnin1965 (535071) on Friday October 12 2007, @11:04AM (#20954157) Homepage

        Our patent system is broken.


        I've come to realize that this is a misconception. The patent system isn't broken, corrupt, or overwhelmed. Unfortunately, it is working exactly as it was designed.

        From an early age we are taught idealist interpretations of patent law and how it is a wonderful tool to spur innovation, research, business, etc. and provide a level playing field for the little entrepreneur. However, when confronted with the reality of what patent law is, a forced impedement on human nature to invent and create which turns out to be contradictory to the idealistic intent, it is assumed it must be because it is broken.

        http://www.movingtofreedom.org/2006/08/31/ben-franklin-on-patents/ [movingtofreedom.org]

        In order of time, I should have mentioned before, that having, in 1742, invented an open stove for the better warming of rooms, and at the same time saving fuel, as the fresh air admitted was warmed in entering, I made a present of the model to Mr. Robert Grace, one of my early friends, who, having an iron-furnace, found the casting of the plates for these stoves a profitable thing, as they were growing in demand. To promote that demand, I wrote and published a pamphlet, entitled "An Account of the new-invented Pennsylvania Fireplaces; wherein their Construction and Manner of Operation is particularly explained; their Advantages above every other Method of warming Rooms demonstrated; and all Objections that have been raised against the Use of them answered and obviated," etc. This pamphlet had a good effect. Gov'r. Thomas was so pleas'd with the construction of this stove, as described in it, that he offered to give me a patent for the sole vending of them for a term of years; but I declin'd it from a principle which has ever weighed with me on such occasions, viz., That, as we enjoy great advantages from the inventions of others, we should be glad of an opportunity to serve others by any invention of ours; and this we should do freely and generously.

        An ironmonger in London however, assuming a good deal of my pamphlet, and working it up into his own, and making some small changes in the machine, which rather hurt its operation, got a patent for it there, and made, as I was told, a little fortune by it. And this is not the only instance of patents taken out for my inventions by others, tho' not always with the same success, which I never contested, as having no desire of profiting by patents myself, and hating disputes. The use of these fireplaces in very many houses, both of this and the neighbouring colonies, has been, and is, a great saving of wood to the inhabitants.

        - Benjamin Franklin, Autobiography
        Ben knew from the beginning that the patent system was a farce and would have unintended consequences and from its inception there are accounts of its use to enrich those who do not create or to impede a competitive free market.

        If Ben was around today I'm sure he would approve of the open source movement and he would likely be called a smelly long haired communist and have chairs thrown at him.
    • Re:Interesting. (Score:5, Informative)

      by dhj (110274) * on Friday October 12 2007, @09:53AM (#20952901)
      It's actually not as vague as "multiple windows visible for application" which Clippy would violate. The patent is on the ability of share windows/views between multiple workspaces. So the fact that your application toolbar / "start menu" shows up in multiple workspaces would be a violation of this patent. FYI, ctl-alt-left,right arrow to switch between workspaces in gnome. Also right click the window-title "always on visible workspace" option is a violation of this patent. It's disgusting that companies can buy these patents for the sole purpose of suing people. If Redhat disabled this feature I doubt it would impact a significant portion of the users. Most window managers implement it in some form.
    • Re:Interesting. (Score:5, Insightful)

      by russ1337 (938915) on Friday October 12 2007, @10:01AM (#20953033)
      All this suing shenanigans scares the crap out of me ever starting a business. Become semi-successful and you end up with all the patent trolls banging at your door.

  • by javilon (99157) on Friday October 12 2007, @09:37AM (#20952623) Homepage
    After this attack, it is clear that changing the EU law and allowing software patents becomes much more difficult.

    There are lots of people in EU using linux distributions without any legal concerns that would be very damaged the very day that EU suddenly recognizes this troll patent.
  • by Rogerborg (306625) on Friday October 12 2007, @09:41AM (#20952699) Homepage
    All patents have to (or at least are supposed to) list similar but distinct prior art, in order to distinguish their own unique invention. You can't point to the disclosed prior inventions on the patent application itself and go "Ah hah, gotcha!". I mean, unless you like to pretend that you're a lawyer on Slashdot.
  • An Acacia subsidiary (Score:5, Informative)

    by BiggerIsBetter (682164) <richard@@@vems...co...nz> on Friday October 12 2007, @09:45AM (#20952759) Homepage
    Apparently IP Innovations LLC is a subsidiary of Acacia, one of the largest patent troll groups around according to Troll Tracker [blogspot.com]. IP Innovations has only been around since 2002 with 5 employees and revenues less than $1 million, according to their listing on Fedvendor [fedvendor.com], so it's quite perverse to be trying to sue over a patent issued to somebody else in 1991...
    • More info here [blogspot.com].

      So let's sum up: a California inventor moves his California shell company to Nevada, and then joins up with another California company, using an Illinois shell, to buy patents from Xerox and then assert them against a California company, a North Carolina company and a Massachusetts company. In Marshall, Texas.
    • by Iphtashu Fitz (263795) on Friday October 12 2007, @09:52AM (#20952869)
      Make sure that you distinguish between "IP Innovations LLC" and "IP Innovation LLC". (Note the missing 's'). According to the Groklaw article these are two separate organizations. The one involved in this lawsuit is the one without the 's'. Sounds like we could have another round of "Is it SCO or Santa Cruz or The SCO Group or Caldera or..." thanks to the similarity in these names...
  • But wait... (Score:5, Interesting)

    by gillbates (106458) on Friday October 12 2007, @09:47AM (#20952787) Homepage Journal

    So you mean that making a patent deal with Microsoft doesn't really protect Novell from patent infringment suits? Well, isn't that the strangest thing...

    I think Novell is about to figure out that no matter how you look at it, they got the short end of the stick in the Microsoft deal. They paid a lot of money so that firms other than Microsoft could sue them for patent infringement. Wonder if they'll just pay off this company like they did Microsoft. Wonder if they can afford to pay off all of the companies that will bring patent infringement suits against them.

    What a way to paint a big, red, sue-me-for-patent-infringement-target on their company.

    • Re:Its about time! (Score:5, Informative)

      by ais523 (1172701) on Friday October 12 2007, @09:40AM (#20952671)
      It could be more difficult than usual; IANAL, but one thing that often happens after a patent infringement claim is a counter-claim with another patent, and then a cross-licensing agreement is often reached to settle the situation. However, this may be a case of patent trolling [wikipedia.org], where this means of protection doesn't work because the company who owns the original patent doesn't actually make anything related, and therefore cannot have any related patents. Of course, attacking the patent itself or showing that it's inapplicable still work, I think (and hope). Besides, software patents can't be enforced or don't exist in many countries (particularly in Europe), so a patent attack would be unlikely to get rid of Linux altogether.
      • Re:Its about time! (Score:5, Insightful)

        by CmdrGravy (645153) on Friday October 12 2007, @09:56AM (#20952925) Homepage
        Yes, exactly. This particular company seems to be the very model of a patent troll company which doesn't do anything that defensive patent portfolios could be used against.

        This is exactly what Mr Ballmer said would happen and is the best weapon Microsoft can use in pushing their "Linux infringes patents" attack. Obviously if they were to bring any cases themselves they would be swamped under a wave of counterclaims from Linux friendly companies such as IBM and Novell so this way they have a proxy which cannot be stopped in such fashion and which on the face of it has nothing to do with Microsoft should there be any negative repercussions from the action. I'd expect to see a lot more of this sort thing from now on.

        Even if Red Hat go to court, win and have the patent thrown out ( which we hope they will ) it's still going to cost them a lot of money and quite likely drag on for a good long time sapping money and resources which Red Hat would otherwise be using to expand its business. This obviously is to Microsofts benefit and gives them a hook to hang their "Linux is tainted by illegal patents" hat on.

        In the worst case scenario Red Hat go to court, lose and the patent is validated costing Red Hat lots of money for damages and an on-going outlay if they're allowed to licence the patent. Even worse than that since Red Hat no doubt use a very similar version of whatever component of the Linux system that everyone else does it's going to be a lot easier for this company to get money from them too. Even worse than that is the situation for freely distributed Linux, obviously there's no one to pay licence fees to use the patent so it's possible that restrictions would somehow be placed on such free distributions ( not sure of the legal situation with one ). Clearly this would be a huge win for Microsoft.

        If this patent is thrown out then you can bet there will be hundreds more coming out of the woodwork each one carrying the risks outlined above if they're not thrown out and each one costing Linux companies money to defend against.

        As PJ says the real solution is for the US to harmonise it's patent rules with the rest of the world and cut support for all software patents because if what we're seeing now continues the US is going to lose out to other countries where such patent laws are not in effect and Linux can flourish.
    • Re:Follow the money (Score:5, Informative)

      by ozmanjusri (601766) <`aussie_bob' `at' `hotmail.com'> on Friday October 12 2007, @09:49AM (#20952815) Journal
      they'll start another attack vector.

      Maybe.

      IP Innovation LLC is a subsidiary of Acacia, and Acacia recently appointed Brad Brunell, who worked for 16 years at Microsoft as general manager, intellectual property licensing. He's now a senior vice president. Other ex-Microsoft executives have also recently migrated to Acacia.

      Acacia are known as patent trolls.

    • Re:Follow the money (Score:5, Interesting)

      by TechForensics (944258) on Friday October 12 2007, @09:57AM (#20952949) Homepage Journal
      You're modded funny, but you're right on the money. This is a new attack from Microsoft as the Groklaw article makes plain. The interesting question is why MS is doing this by proxy, i.e., using straw men they encourage and abet. I seem to recall one provision of the GPL is that if you sue, you lose all rights to GPL code (and surely MS infringes that in places more than OSS tramples on MS patents, if at all). Microsoft is therefore avoiding losing those rights by doing indirectly what it cannot do directly.

      However, there is a principle in law (or Equity) that one cannot do indirectly what he cannot do directly. An interesting question for practicing lawyers (I am a retired one and not up on all of this) would be, is there a way to attribute the Plaintiff's actions to Microsoft, canceling their GPL rights? Would it in fact be too late to do this based on their provable support of SCO (the massive loans arranged by MS to keep SCO afloat)? I'd sure like to hear what Eben Moglen has to say about this.

      • by CmdrGravy (645153) on Friday October 12 2007, @10:10AM (#20953207) Homepage
        The reason they're not doing this themselves because if they were to even think about trying they would be dropped down a bottomless pit of IBM et al counter patents.

        Since these Acacia people don't actually do anything other than patent troll defensive patent portfolios are useless against it.
    • by russ1337 (938915) on Friday October 12 2007, @09:53AM (#20952889)

      SCO II has arrived.
      *PFFFFT*: is the sound of me opening first can of beer while I sit back, feet up, chicken wings at the ready, to watch the action.

      This is a game of two halves and four quarters right? Hope they stop for some entertainment mid-trial.
    • by jimicus (737525) on Friday October 12 2007, @09:54AM (#20952915) Homepage
      M.A.D. is simply a fancy acronym for an idea which has been around for years, and it faces the same problems today as it always did.

      Edmund Blackadder summed it up beautifully:

      Edmund: You see, Baldrick, in order to prevent war in Europe, two superblocs
              developed: us, the French and the Russians on one side, and the
              Germans and Austro-Hungary on the other. The idea was to have two
              vast opposing armies, each acting as the other's deterrent. That way
              there could never be a war.

      Baldrick: But this is a sort of a war, isn't it, sir?

      Edmund: Yes, that's right. You see, there was a tiny flaw in the plan.

      George: What was that, sir?

      Edmund: It was bollocks.