Hasta La Gadget!

Mention “Microsoft” and “open-source” in the same breath and you’re guaranteed to create a suspicion interrupt within the Linux community. Toss in “patent agreement” and out come the irate spokesmen. So imagine the response to the announcement that Microsoft and Amazon have reached a cross-patent agreement that gives Amazon the right to use open-source software in its Kindle in exchange for an undisclosed tithe to Redmond. Microsoft also gains rights to Amazon’s patent portfolio.

The move prompted Jim Zemlin, executive director of the Linux Foundation, to claim that Microsoft appears to be trying to, “create uncertainty around Linux.” Mind you, this isn’t just tin-foil worry from the wire colander collective, Microsoft claims that free and open-source software violates some 235 Microsoft patents. A big enough stick to coax a number of companies — like Novell, Linspire, Xandros, Apple, and HP — into striking agreements with Microsoft or risk litigation as was the case with TomTom. Agreements that Canonical’s Mark Shuttelworth called, “Trinkets in exchange for air kisses,” or “patent terrorism” if you prefer Sun Microsystems’ take.

Microsoft and Amazon announce open-source patent agreement, trinkets in exchange for air kisses originally appeared on Engadget on Tue, 23 Feb 2010 01:51:00 EST. Please see our terms for use of feeds.

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It’s been a ten year process, but TiVo just won a patent on managing DVR recording schedules and resolving schedule conflicts using a list of shows ordered by priority. US Patent #7,665,111 covers “recording, storing, and deleting of television and/or web page program material” by generating a prioritized list of shows that contains both shows chosen and ranked by users and shows the DVR think you’ll like, matching that list against the program guide and available recording space, and resolving conflicts based on priority. Yeah, that’s what essentially every DVR on the market does now — but before you run off screaming into the woods, remember that this was all basically uncharted territory when TiVo applied for this patent way back in 1999, the same year it launched one of the first DVRs.

Now, TiVo has been anything but shy when it comes to suing over its other hard-fought DVR patents, so we’ll have to see how the company decides to use this new bit of IP leverage; patents that have been pending for this long aren’t exactly secrets to anyone, and we’re sure TiVo’s competitors have been thinking of clever ways to design around it. (One bit that jumps out: the priority list has to contain both “a viewer’s explicit preferred program selections for recording” and “inferred preferred program selections for recording,” so DVRs that don’t auto-record like TiVos could potentially be excluded.) Of course, we’d rather just see TiVo retake the lead in the DVR space with some entirely new ideas — we’ll see what happens next month.

TiVo granted patent on recording Season Pass subscriptions by priority originally appeared on Engadget on Thu, 18 Feb 2010 15:48:00 EST. Please see our terms for use of feeds.

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Patently Apple has sniffed out the latest, and most comprehensive, trademark registration acquired by Apple on the subject of the iPhone and we thought we’d have a peek. Already entitled to use the brand name under international categories 9 (mobile phone and digital audio player) and 38 (electronic data-transmitting device), Apple has now added category 28, which reads shortly and sweetly as a ‘handheld unit for playing electronic games.’ Before you freak out and start fusing this into your iPhone 4G fantasies, note that Apple filed the claim for this trademark way back in December 2007. So nothing necessarily new on the tech front, but this document provides the broadest brand protection yet — including the bitten apple graphic alongside the name — and could strengthen Cupertino’s case in its forthcoming battle for the iPad moniker.

Apple locks down iPhone trademark, includes ‘electronic games’ category originally appeared on Engadget on Sun, 14 Feb 2010 12:29:00 EST. Please see our terms for use of feeds.

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Apparently the dizzying expansion of mobile coverage in India has proceeded a little quicker than the regulatory process there — Indian carriers are in a bit of a tizzy after authorities shut down 300 allegedly illegal towers in a suburb of New Delhi called Noida. The gub’mint says the towers are on private land that’s not approved for commercial use, but the carriers say the move is “arbitrary and uncalled for,” and even “inhuman” because the loss of service means people can’t make emergency calls. That’s a strong card to play — let’s hope this gets sorted out soon.

Indian mobile carriers scramble as illegal towers are shut down originally appeared on Engadget on Wed, 03 Feb 2010 20:20:00 EST. Please see our terms for use of feeds.

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Well, here we go again. Apple might have stolen all the headlines yesterday with the iPad, but as we’ve already noted, that name has been in dispute since September — and it doesn’t look like Fujitsu, which has been selling its own iPad since 2002, is going to back down. “It’s our understanding that the name is ours,” Fujitsu PR director Masahiro Yamane told the New York Times. Maybe, but it’s not quite that simple. Here’s the deal: Fujitsu applied for the “iPad” mark in 2003, specifically covering handheld devices used in retail. (The Fujitsu iPad is a $2,000 Windows CE point-of-sale device.) Along the way, the application got bogged down because a company called Mag-Tek had already registered IPAD for its line of PIN-entry keypads, and Fujitsu’s application was listed as “abandoned” in April of 2009. The notice of abandonment apparently woke someone at Fujitsu up, because the company then asked the Trademark Office to re-open the application, arguing that Mag-Tek’s IPAD had nothing to do with the Fujitsu iPad. The USPTO agreed, re-opened the application, and the process continued until September, when the iPad application was published so other trademark holders could oppose registration. That’s when Apple signaled that it wasn’t so happy about things — and filed its own “iPad” trademark application using a shell company called “IP Application Development.”

Phew — still with us? That leaves us at now, with Mag-Tek selling the IPAD under a valid, registered trademark, Fujitsu selling an iPad with a pending trademark application, and Apple sucking all the air out of the room with the launch of the iPad and no US trademark at all. We’ll be honest: we’d always simply discounted rumors Apple would call it the iPad, because this is kind of a mess. Apple can’t just take “iPad” from Fujitsu because it really wants the name — it’s likely going to have to argue that “iPad” is confusingly similar to “iPod,” while still trying to register “iPad” on its own and telling the Trademark Office that it won’t be confusing to people looking for the Mag-Tek device, or the Siemens “iPad” motor trademark, or potentially even Coconut Grove’s trademarked iPad bras. Of course, all these problems can be solved with the direct application of cash and some nice ambient media attention, so it’s likely we’ll see some friendly joint PR from Apple and Fujitsu along with an agreement to share the name sometime before Apple’s formal opposition is due on February 28. That’s pretty much what happened when Apple bit the “iPhone” name from Cisco, anyway. But still — why can’t Apple ever learn to have these conversations ahead of time?

Apple and Fujitsu inevitably caught up in iPad trademark dispute originally appeared on Engadget on Thu, 28 Jan 2010 14:47:00 EST. Please see our terms for use of feeds.

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