Bonum Certa Men Certa

Further Evidence That Microsoft's Patent Claims are an Ineffective Farce

Microsoft would have us believe that an operating system such as Novell's SUSE is in fact its own territory. It would have us believe that it invented the GUI, the word processor, the spreadsheet, and the double click (yes, there is a patent on that as well). Have a look at the following musing from a mystified BTL columnist.

What exactly are these patents about? I can look at Ubuntu and say "hey this is Windows-ish." Is that a patent problem?


Consider the following statement, which teaches us how pointless and ineffective software patents have become.

"I remain convinced that the software patent system is fundamentally broken," O'Grady said.

Broken or not, "After the KSR decision, software patents are especially vulnerable now," Jenkins noted.

O'Grady doesn't believe that Microsoft will sue its own customers, despite the fact that Microsoft CEO Steve Ballmer left that option open. "I don't believe, at this point, that users should be concerned," he said.


This validates our contention that here we have a dog barking, but it will never bite. Ignore the attempts to create fear and stick to practical considerations and logic. Software patents may be there on paper, but they may have become a waste of time and money. The courts reject them. They have recently been tested in court and no-one other than Microsoft defeated them. Is that a shot in the foot? Clearly. Just consider the fact that Microsoft was possibly spearheading the initiative to make software patentable in the first place.

MS are key sponsors of "Voices For Innovation" aimed at MS customers and designed to put a positive spin on software patents and enlist people to lobby on their behalf.


Additionally, have a look at this so-called "innovation panel".

He [Schramm] will be part of a lineup that includes the Microsoft Corp. CEO Steve Ballmer, 3M CEO George Buckley, UPS Chairman and CEO Michael Eskew, IBM CEO Samuel Palmisano and Wal-Mart Stores Vice Chairman John Menzer.


Where are the small companies? Of course, the giant conveniently exclude them. Have a look at the following very disturbing article.

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.


It has become clear that software patents are nothing but an attempt to stifle a free market. It's anti capitalist, it is predatory, and it is unacceptable.

Recent Techrights' Posts

Red Hat's Owner is Called "America's Worst Tech Company" (IBM) and Microsoft's Liabilities Grow
Microsoft has about a quarter of a trillion (yes, trillion with a "T") in liabilities
How the SLAPPs From Microsoft Staff Are Connected to the Corrupt OSI, Whose Majority of Money Comes From Microsoft for Openwashing, LLM Hype, and Whitewashing GPL Violations During Class Action Trial
Let's explain how some of these things are connected
 
What Happened to the Open Source Initiative (OSI) Elections: Missed Deadline
they helped expose a number of other scandals
Links 12/05/2025: Measles Rising and Taliban Outlaws Chess in Afghanistan
Links for the day
Gemini Links 12/05/2025: Advice, Iorist Ethics, and Touchscreens
Links for the day
The Finances of GAFAM Aren't as They Seem
MICROSOFT FINANCIAL PYRAMID revisited
Links 12/05/2025: US Brain Drain and Reminder That "Microsoft's Lobbying Efforts Eclipsed Enron" (Fraud Coverup)
Links for the day
The Enshittification of Royal Mail (Post Office/Postal Services) Continues
Enshittification is a thing, not only in the digital realm
If the Gossip is True, Today Microsoft Has "Large M1 Meetings" to Discuss Almost 30,000 More Microsoft Layoffs in 2025
the claim is that Microsoft is preparing to lay off 10% of its staff
Microsoft Has a Long and Proven History of Funding Meritless Lawsuits Against Rivals and Critics (It Always Backfires)
It also looks like the solicitor used by two Microsofters to SLAPP us is being urgently replaced
Links 12/05/2025: Gardens and Kitchens
Links for the day
Links 12/05/2025: Media Being Attacked (New Forms of Attack on the Press), Many Data Breaches
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025
Links 11/05/2025: Pyotr Wrangel and Kubernetes With FreeBSD
Links for the day
What Happened to the Open Source Initiative (OSI) Elections: A Moment of Silence and Revisionism Amid US Government Investigation and Community Uproar
Not a word this month
Microsoft Florian Becomes Patent Troll, Arranges to Sue Companies (Extorting Money Out of Them)
From campaigner against software patents to paid Microsoft shill to "FOSS patents" (actually attacking FOSS) to revisionism as "books" (for Microsoft)... and now this
Links 11/05/2025: China's Fentanylware (TikTok) Tells Kids to Vandalise Schools' Chromebooks and Increased Censorship in India
Links for the day
You Need Not Be a Big Company to Defeat Microsoft If You Can Successfully Challenge Its Core "Ideas"
Maybe that's just a sign that the ideas of RMS have become too effective and thus "dangerous"
Gemini Links 11/05/2025: Yeeting Oligarch Tech, Offline Browsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 10, 2025
IRC logs for Saturday, May 10, 2025
One is Simply Doomed to Fail When Working for Violent Men From Microsoft and Attacking Women as Well as People Who Merely Expose Crimes or Report Real Crimes
Imagine saying to people that you "practice law" or "exercise law"
The Tariffs Are Accelerating Microsoft's Decline in China
Judging by the way things are going, there will be considerable adoption of GNU/Linux in years to come, China being one major contributing factor.
Control Your Systems, Control All Your Data
what does it take for us to control our own systems and data?
Misplacing Blame for Security Problems, Sometimes With LLM Slop That Blames "Linux" for Microsoft's Failures
Broken telephones and stochastic parrots beget plenty of Fear, Uncertainty, Doubt (FUD)
Links 10/05/2025: WW2 Revisionism, Further Tit-for-tat in India-Pakistan Conflict
Links for the day
Links 10/05/2025: Germany Considers Smartphone Ban in Schools, Right to Repair Bills
Links for the day
Gemini Links 10/05/2025: Git Server and Great LLM DDoS of 2025
Links for the day
Blizzard/Microsoft Unions Grow Ahead of Mass Layoffs at Microsoft, Apparently Starting Next Week (as Many as 30,000 Workers Laid Off by Year's End)
Microsoft already fired about 5,000-6,000 workers this year by our estimates; that's not counting resignations compelled through pressure (i.e. pushed, did not jump) and contractors
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 09, 2025
IRC logs for Friday, May 09, 2025