Bonum Certa Men Certa

How Mr. Gates Learned to Stop Worrying and Love Destructive Patents

A batch of recent stories about the latest patent mess

"It is clear that in the fight against GNU/Linux, Gates is willing to use whatever ammunition is available."There is something to be said about the effect of company leaders on the company's general behavior. The media, which is often sponsored by or associated with Microsoft in one form or another, likes to praise Bill Gates for charitable investments, but behind such 'charities' there are many stories to be told and there is one very vicious character. As Cringely said a few months back, "The company is built in the image of Bill Gates and Bill is a guy who gets caught-up in the game of business and doesn't typically see its personal cost." Just consider this terrifying patent trolling E-mail from Gates [PDF]. It is clear that in the fight against GNU/Linux, Gates is willing to use whatever ammunition is available. If lobbying is needed to make such ammunition legal, then so be it. Arsenals can be changed when the law is controlled and evolved.

In the following new article, more is being said about Gates' obsession with patents as means of building walls around a software monarchy.

"Other than Bill Gates, I don't know of any high tech CEO that sits down to review the company's IP portfolio," said Phelps, who ran IBM's IP business before joining Microsoft four years ago.

[...]

Microsoft has struck six deals with open source companies, the biggest a recent deal with Novell, and more such deals are yet to come. In the past 18 months, Microsoft has spent a whopping $1.4 billion acquiring intellectual property of various sorts, Phelps said.

"The great ideas in technology will increasingly come from outside corporate labs," he said. "To me it doesn't make a difference if you got your portfolio through R&D or through buying it," he added.


Mind the fact that this was not always he case. Rather, it is a case of hypocrisy. Consider the following two items:



Microsoft sang a very different tune in 1991. In a memo to his senior executives, Bill Gates wrote, "If people had understood how patents would be granted when most of today's ideas were invented, and had taken out patents, the industry would be at a complete standstill today." Mr. Gates worried that "some large company will patent some obvious thing" and use the patent to "take as much of our profits as they want."




...Thanks to Mr. Gates, we now know that an open Internet with protocols anyone can implement is communism...

...Mr. Gates' secret is out now--he too was a "communist;" he, too, recognized that software patents were harmful-until Microsoft became one of these giants...


It is hopefully made clear that even Microsoft acknowledges that it commits the very same sins that it once used to protest against.

Steve Lake has written an essay that proposes two ways of eliminating this patent mess.

There are two solutions to this. The first is to work hard, and starting with Microsoft, seek out every patent that pertains or could pertain to Linux and Open Source, and simply find the needed prior art and invalidate the patent. The problem with this idea is that it’s time consuming and money intensive. The community has better things to do with its time and money right now, so this idea really isn’t viable, except when all other options are exhausted and fully explored.

The second, and far simpler approach is to change patent law. There are enough people in the Linux and Open Source communities with a good solid legal background that could take up this fight, and groups like the Software Freedom Law Center, the Free Software Foundation and others could also join in and help draft the legislation that would fix the patent system and set things right.


Dana Blakenhorn has posted an item that further criticises the state of the patent system.

Good software is complicated, and patent law has no way to deal with this complexity.

Patent law is designed to protect unique inventions, better mousetraps. You can’t patent the idea of trapping mice, and you have to disclose how you trap the mice so other mousetrap makers can seek new ways to trap the mice.


OSNews spoke specifically about the recent case of Acacia against Linux vendors and why the situation is rather ludicrous.

You know, those things that say you cannot stack four pixels on top of one another unless you pay money to the guy who invented four-pixel-stacks (or the guy who bought the guy who invented four-pixel-stacks).


LXer has made the observation that, as time goes by, Microsoft is apparently less and less confident about the value of its software patents. That is despite the fact that Microsoft keeps filing for more of them. Have a quick look.

16 May, 1991: "If people had understood how patents would be granted when most of today's ideas were invented, and had taken out patents, the industry would be at a complete standstill today." - Bill Gates, Challenges and Strategy Memo

Aug, 2004: OSDL releases a study saying Linux may infringe 283 patents; Ballmer leaves away the word "may"

May, 2007: Brad Smith claims Linux potentially infringes 235 patents

[...]


Business Week had a quick mention of this issue as well and it bothered to outlines the differences between the European and the American perceptions of patents.

Second, the case also liberalizes EU competition law in several important areas. Prior to Microsoft, compulsory licensing of intellectual property rights was seen by the European Court as a very narrow remedy in the EU, to be strictly and rarely applied.


Related articles:



Novell coupons
Image from Wikimedia

Recent Techrights' Posts

IBM Has Taken Control of GNOME
Don't expect a successor to be found any time soon
IRC Proceedings: Saturday, August 30, 2025
IRC logs for Saturday, August 30, 2025
 
Links 31/08/2025: Baggage Claim Scams, an Insurrectionist’s War on Culture, and a Sudden Robotics Hype
Links for the day
Gemini Links 31/08/2025: Reviewing Netsurf and Slightly Less Historic Ada Design
Links for the day
Links 31/08/2025: Google Gmail Data Breach and LF Puff Pieces for Pay
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
This is What Google News Has Become
Moments ago
The Slopfarm WebProNews Has Turned Google News Into a Laughing Stock Full of Plagiarism by Slop
If Google News dies of neglect, that's one thing. It's starting to seem like active neglect by Google is a form of participation.
Do What is Moral, as What's Legal Isn't Always Moral
Do what's objectively moral, no matter the costs and the risks
Slopwatch: Google News Assisting Plagiarism and Anti-Linux FUD, Serial Slopper Rips Off Linux-Centric Journalists
This makes the Web a much worse place and lessens the incentive to do journalism
Links 30/08/2025: NVIDIA Fakes Results to Hide a Bubble Already in Implosion Phase, Data Breaches Galore, Important Win for Workers' Union in Canada
Links for the day
Representing and Speaking for Animals
If I ever choose to take this matter to tribunal with animals-centric NGOs on my side, it'll get some press coverage for sure
The UEFI 9/11 - Part II - Campaign of Censorship and Defamation Against Critics
In dictatorships, humour serves an important role. It's tragic.
In Kazakhstan, Yandex Estimated to be 20 Times Bigger Than Microsoft
Bing is measured as down this month
Shutterstock Not Enough? The Register MS Uses Slop Images in Articles (Seemingly More and More Over Time)
Cost-saving trajectory amid office shutdown?
Gemini Links 30/08/2025: Games, PostmarketOS, and Slop
Links for the day
Links 30/08/2025: Imgur Uproar and Many Ukraine Updates (Mediazona Reports Over 200,000 Russians Died for Putin)
Links for the day
How Not to Build Software
code forges that need a Web browser perhaps fill some 'niche' demand
GAFAM and "MATA"
The use of dark humour there hopefully helps illuminate what a lot of "modern" technology became like and how it interacts with human civilisation (to what ends and whose gain)
Birds Are Not "Pests and Vermin", Privacy is Not a Crime, and GNU/Linux is Not 'Hacking Platform'
I could not help but think of Free software analogies
The Sites Should Be Very Fast Again
That issue is now resolved
Flying in 2025
worse than ever before
Activists, Including Technical Activists, Need Not Pursue Affirmation
Techrights doesn't play or participate in a "popularity contest"
The UEFI 9/11 - Part III - Chaos is Scheduled to Happen Second Thursday of September (No Matter What the Microsofters Tell You)
The clock is ticking
Downplaying the Impact of "UEFI 9/11" is a Losing Strategy
we won't publish much whilst on holiday
Government Sites Should Run Free Software
Not proprietary bloatware with buzzwords
LLM Slopfarms Take No Breaks
When people run sites by bots they don't need to worry about "breaks"
GNOME Having a Meltdown Again
Thanks and farewell to Steven Deobald
Gemini Links 30/08/2025: Low Tech and Hunchbin 1.0.6
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 29, 2025
IRC logs for Friday, August 29, 2025
Financiers and Sponsors of the Slop Hype (Pyramid Scheme Waiting to End, Bubble That Will Inevitably Implode)
It's also burning the planet
Slopwatch: Fake Articles About "Linux", Google Helps Ponzi Schemes and Slopfarms in Google News
Slopfarms are a real pain
Gemini Links 29/08/2025: Retiring at 62 and URL Filtering HTTP(S) Proxy on Qubes OS
Links for the day
Links 29/08/2025: Lisa Cook Sues Convicted Felon and Backdoor Mandate in UK Resisted
Links for the day
Links 29/08/2025: Arti 1.5.0, War on Public Health (CDC), and Slop 'Bros' Made to Pay for Their Mass Plagiarism
Links for the day
No, 4Chan is Not Fighting for You by Lawyering Up Against Ofcom (UK)
Don't mistake proto-fascists for people who "fight for you". They don't.
In Many Places in the World Vista 11 "Market Share" is Going Down, Not Up
In some countries Windows is already down to third place or lower
More Microsoft-Connected Layoffs, at Least Third Time This Month! (Also Another Death on Campus)
Microsoft as a "gaming" company is where studios, projects, games, and even developers come to die
Slopwatch: Fake Articles About "Linux", Slop Images in VentureBeat, Linux Foundation Spam Made With LLM Slop and Slop Images
The only relief or upside - if any exists - is that the pace of slop was down a bit this week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 28, 2025
IRC logs for Thursday, August 28, 2025
Gemini Links 29/08/2025: Poems, Games, and Java 25 Performance
Links for the day