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

How to Identify Demonisation or Dehumanisation Tactics Against Interesting Figures or Luminaries in Free Software
Rather than in general or generally in technology
We Should Learn From Bulgaria
Why can't European companies and government recognise and react to a threat (when they see one)?
Canonical: Ubuntu is GAFAM (US), We're Resellers of American Proprietary Software
They want people to pay for a licence
Links 03/02/2026: "Distraction is a Sin" and Fake "Encryption" (Surveillance With Good Marketing)
Links for the day
 
IBM Falls by Over 10%
a recipe for disasters like accounting fraud
Links 03/02/2026: Windows Copies GNU/Linux, Windows TCO Shown Again
Links for the day
Gemini Links 03/02/2026: Alhena Turns One, Slop Rejected, and Max Roy Carrouges Recalled
Links for the day
Dr. Andy Farnell on Why and How European Authorities Can Adopt Free Software, Parenting in the Age of Digital Abundance
Will Europe use technology that Europe controls (not the hegemon), for a change?
Seems Like IBM Trolls Use Chatbots to Vandalise Platform That Discusses IBM's Secret Layoffs, Forever Layoffs
Not for the first time either
You Know Your Company is Dead or Basically a Pyramid Scheme When Jim Cramer Keeps Promoting Its Stock
How much does IBM pay for "puff pieces" or "fluff" about QC?
Red Hat (Under IBM) Works for Microsoft (Proprietary Software) and Slop
Yesterday Red Hat's official site, redhat.com, published exactly 5 new blog posts
IBM is Dying (More Layoffs), Red Hat Will Continue to Suffer From the Acquisition
Financial engineering
Colombia Adopting GNU/Linux Even Faster (at Microsoft's and Apple's Expense)
Do politics play any role in this?
An Effort to Tackle Slavery in 'Open Source' Clothing
"a civil rights lawsuit to examine the concerns of censored developers in the free, open source software ecosystem"
$15 billion lawsuit: Ubuntu, Google & Debian crowdfunding campaign launch
Reprinted with permission from Daniel Pocock
The Solicitors Regulation Authority (SRA) Delusion - Part II - Why We Need to Expose the SRA to More Daylight, Public Scrutiny
SRA is neither effective nor regulated
400-Page US Federal Court Against Abuses by Google, Microsoft and Front Groups That Abuse Volunteers for American Corporations
There are 386 pages in total (in the US claim)
Corporate Influence Never Impacted Us
There's no reason to assume we'll ever "sell out"
Growth of GNU/Linux in Cuba
Right now a lot of the world drafts or already implements a GAFAM exit plan
A Day After EPO Strikes an Escalation to Heads of Delegations to the Administrative Council
They rely on the European media playing along, helping them to hide major blunders, even crimes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 02, 2026
IRC logs for Monday, February 02, 2026
Gemini Links 03/02/2026: Stargazing, Development Boards, and Tcl/Tk Slop
Links for the day
Microsoft Lost 20% of Its Money in the Past 6 Months
Microsoft is hiding what's really happening while mocking critics
Great News, IBM 'Gained' Almost 10% in "Goodwill" Value After Firing Tens of Thousands in 2025
"goodwill" will be inflated despite IBM staff getting sick of IBM
Americans Move to GNU/Linux
some of the biggest American populations
I Still Like Drawing and Various Other Arts (They Help My Activism and Journalism), Slop is an Enemy of Creative People
Recognise that slop isn't intelligence; it's a generational excuse for plagiarism and privatisation of not only the Commons but also proprietary knowledge (without authorisation)
Carmen-Lisandrette Maris (Mission:Libre) Explains to Adolescents and Young Adults How Free Software Improves Privacy
Based on what we've seen and read, Mission:Libre has a solid grasp of Software Freedom
Chatbots Didn't Do Any Good for Microsoft
Google "AI" = search + copypasta
Links 02/02/2026: Cultural Cleansing by China and 'Living Behind Firewalls" in Iran
Links for the day
GNU/Linux Measured at More Than 4% in Russia
growing adoption of GNU/Linux in Russia
Gemini Links 02/02/2026: Stages of Age, Workflows, and Counting Capsules
Links for the day
Oracle's Debt Rose Over 20 Billion Dollars in Just 3 Months
Is "hey hi" becoming a synonym for debt?
Oligarchs' 'Speech Zones' Are Not the "Public Square"
The apologists of social control media, including press that got "addicted" to such fake "media", are helping dictators and oligarchs grab the public attention away from the real press
IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Links 02/02/2026: 'Melania' a Horror Movie "Will They Inherit Our Blogs?"
Links for the day
Doing More Detailed Series (Long-Form Works)
Long readings or book-like reading binges are only possible when parts are suitably labeled (name and numbers) if not interlinked
Mobbing at the European Patent Office (EPO) - Part II - Racism, Cocaine Use and White-Collar Corruption
When you hire people illegally, to work for cocaine users and keep quite about the cocaine use, what will be the impact on the reputation of an institution?
A Can of WORMS - Part II - Darkening the Name of RMS, Associating It With Crime
Beware projection tactics
Submit Your Suggestions for EU's Embrace of Software Freedom by Tomorrow
Time to leave GAFAM (US) hegemony behind
Slopless Weekend
This is not sustainable
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026
Gemini Links 01/02/2026: Fossil Heating Installations and Some FOSDEM Coverage
Links for the day
The State of Memory Leaks in GNU/Linux
The issue won't be solved by adding more memory
Links 01/02/2026: Nvidia's Jensen Talks Down Microsoft 'Open' 'Hey Hi' and Britain's Starmer Makes Friends With China, Japan
Links for the day
Why Microsoft Accenture Has So Many Layoffs in Recent Years
The debt of Accenture doubled a year ago
Links 01/02/2026: Public TV Gutted by Cheeto, Billionaires Fund a Cheeto Propaganda Movie in 'Documentary' Clothing
Links for the day
The New Site ("New Techrights", SSG Since 2023) Exceeds the Old Site in Requests
The "New Techrights" gets about twice as many requests as the "old" (WordPress) "Techrights", the site of 2006-2023
20 Years Ago
Some time soon all this slop frenzy will become like yesterday's "blockchain" or "metaverse"
Gemini Links 01/02/2026: Zdzisław Beksiński and Disconnected Git Workflow
Links for the day
Talks About Nadella's Microsoft Exit After Chatter About Tim Crook Leaving Apple (Years Ahead of Retirement Age)
Mass layoffs and record debt do not represent a company's health.
We Still Cover the Same Problems We Spoke of 20 Years Ago
We're not easily seduced by "novelty" (new things), we try to judge them critically
Patents Standing in the Way
They also cause environmental harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 31, 2026
IRC logs for Saturday, January 31, 2026
IBM, a Microsoft Company
Microsoft and IBM as a pair go a long way back