Bonum Certa Men Certa

Trend Micro Soft Patent Against Lower-cost Competition

Is it not cheating if the law is broken?

There is clearly a trend here. Companies that are unable to compete with superior and more affordable competition go beyond just dismissal using stereotypes. They start to attack. How so? Using software patents, which were never supposed to be valid in the first place (they are still seen as illegal by the vast majority of the world).



The same type of dilemma and response chracterises the music industry, which still tries to transform business models using new laws and defective 'feature' (anti-features), whose purpose may be to turn a purchasing model into a renting model much to the consumer's disappointment and the middleman/merchant's delight.

A couple of days ago, Groklaw identified a Web page that spoke about Microsoft's plan for Novell. It also gives insight into other strategies for 'competing' against Free software (using law, not technical merit). Microsoft is prepared to use RAND, which is absurd for being a mechanism designed only to secure a monopoly. Here is some text of interest, which is deliberately brought second-handed from Digital Majority:

Microsoft patenst in these protocols will be made available on RAND terms at very low royalty rates Covenant not to sue open source developers for development and non-commercial distribution of implementations of these Open Protocols.


It should be obvious then that when Microsoft talks about "Open Protocols" (both capitalised) it does not mean free-to-use protocols. It's neither libre nor gratis. It's another fine example of Microsoft bending or misusing the word "open". Remember what Microsoft thinks of the word "open":

“I am constantly amazed at the flexibility of this single word.”

--Jason Matusow, Microsoft



Eventually, Microsoft is likely to just dilute the word "open" until it has no valuable meaning whatsoever. It serves it well.

“It should be obvious then that when Microsoft talks about "Open Protocols" (both capitalised) it does not mean free-to-use protocols.”The mighty sting that enables visibility of APIs to mean no free access is of course the notion of intellectual monopolies, which are recognised only in a handful of nations. Microsoft is not alone when it comes to such strategy, whose core principle is extraction of money from one's own competition. Trend Micro tried this too. And look where it ended up:

  1. Trend Micro patent claim provokes FOSS community, leads to boycott


  2. Call for action: Boycott Trend Micro


The CEO of the company, who is also one of the 'geniuses' behind the bad business plan, is currently doing some 'damage control'. First they attack and then they apologise and pretend to be clueless.

Trend Micro may have received more than it bargained for in its software patent dispute with rival Barracuda Networks. In the past few months Barracuda's cause has been taken up by free software advocates, who see Trend Micro's patent claims as a threat to the open-source ClamAV antivirus project.

[...]

Chen: In the patent, we are not claiming that we invented the antivirus scanner. We are not claiming that we invented the proxy server. But the concept of using these two together so that you can stop the virus during the transition is new. Like I said, I'm not a patent specialist, but at that time it was awarded as a patent. And then later on even IBM themselves exchanged their patent with us, and so there was some recognition of that as a valid patent. And then later on it was litigated.

Software patents are always very controversial. It's not about open source; it's about how you define the patent.


Here is what Bruce Perens said about it:

Eva Chen, CEO of Trend Micro, currently suing Barracuda over Trend's patent on an anti-virus scanning gateway, was interviewed in PC World. She says "It's not about Open Source", but she manages to sound rather short of a clue in this interview, and makes a poor case for this sort of patent being issued at all.


PJ at Groklaw said this: "Here's the article about prior art referenced in the article. If you find any more, it's still not too late. The case, in my view, in unequivocally about open source."

It ought to be clear by now that software patent attacks come not only from patent trolls (empty shells without even a product) but also directly from companies that want to 'negotiate' using terms like RAND, "settlement", and 'interoperability'. All are just a case of putting lipstick on a pig. Pamela Jones has already said that Microsoft will be the next SCO Group.

Software patent abuse is an abuse; it should be called for what it is. Red Hat too was a victim of those that need to be eradicated. Tolerance towards this might only encourage more of the same and, as Trend Micro shows, IBM's cross-licensing did no good, let alone its filing of silly patents. At the end of the day, programmers don't want patents. Copyright are far more than sufficient. But.. who are they to decide when the likes of Microsoft are run by lawyers, MBAs, investors and marketing people?

The article reports the results of a survey on the optimal legal way to protect developers' rights to their intellectual property in the US. Two groups were incorporated: software developers and attorneys. The majority of both groups favor copyright as the legal method, but attorneys prefer patenting with a longer protection period.


Lawyers should not be setting the rules for the software industry. It's an obtrusive perversion by those who only think of money.

"Linux is a cancer that attaches itself in an intellectual property sense to everything it touches."

--Steve Ballmer, Microsoft CEO

Recent Techrights' Posts

The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
IBM Paying the Price for Treating Workers Badly and Discarding Real Talent (Because It's "Expensive")
IBM is dead man walking
Projection Tactics - Part III: Silencing Inconvenient Voices Online
If X gets banned in the UK, it'll be hard to see what the spouse says in public
Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
 
Still Condoning Child Labour and Exploiting Unpaid Children Developers as PR Props (to Raise Monopoly Money)
These people lack morals. So they project.
"Security, AI or Quantum" on "the IBM Titanic"
Who's RMS?
Hours Ago The Register MS Published Microsoft Windows SPAM "Sponsored by Intel." The Fake 'Article' Says "AI" 34 Times.
The Register MS isn't a serious online newspaper
EPO People Power - Part XXXV - Where Else Will Corruption and Substance Abuse be Tolerated?
We need to raise standards
Status and Capital
People who do a lot are too busy to boast about it and wear fancy garments
Turbulence Ahead
I last rebooted my laptop in 2023
Google News Rewards Plagiarism With LLMs (About Linux, Too)
Google is in the slop business now
Links 14/01/2026: Failing Economy and Conquest Abroad as a Distraction From Domestic Woes
Links for the day
Gemini Links 14/01/2026: The Ephemerality of Our Digital Lives and "Summer of Upgrades"
Links for the day
Outsourcing on Microsoft's Agenda, Offshoring Also
"In some cases, India hiring is poised to replace certain roles previously based in the U.S."
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same
Links 13/01/2026: Russia Weaponises Weather Against Civilians, Beijing-Controlled HK Attacks Legal Team of Besieged Critics
Links for the day
Gemini Links 13/01/2026: Loss of Desire to Produce, Individual Consumption
Links for the day
Shobhit Varshney From IBM Pushing Slop at Large Bank, Another McDonald's Waiting to Happen?
How long can they get away with phony narratives like "replaced by AI"?
Links 13/01/2026: Ubisoft Layoffs, "India IT In Shambles", and Microsoft Chatbot Killing People
Links for the day
IBM is Not a Leftist Company, the "I" Stands for Imperialism, and Poo Floats to the Top
Remember that AK is military from both sides of his family
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day
GNU/Linux Exceeding 6% in Cape Verde
Windows is measured as down sharply
When It Comes to Health, Slop is a Flop and It Kills People
Chatbots will mostly die after many people die due to them
2026 Has Begun Well for GNU/Linux Users (and for Us)
A lot of the anti-Linux FUD we got accustomed to seeing some years ago became scarce
Links 12/01/2026: Vista 11 Exodus and Famicom/NES Game
Links for the day
Links 12/01/2026: Twitter (X) Being Blocked in More Countries, PTAB Besieged by Cheeto Appointees (Bad Patents Getting Through)
Links for the day
Links 12/01/2026: Brussels Plotting Exit From GAFAM (US), Carole Cadwalladr Explains "Peter Thiel's New Model Army"
Links for the day
Oligarchs and States Always Attempted to Obstruct Efforts to Expose Their Corruption
We commend the administrator who consistently and adamantly defend the freedom of speech
Scheduled Maintenance Between 15th of January and Days to Follow, Free Software Foundation (FSF) Looking to Add 43 More Members by 16th of January
People who value Software Freedom should consider joining to support the FSF
Bracing for Microsoft Layoffs, Tired of Microsoft Lies, Microsoft Staff Wants Transparency, Not Face-Saving Coverup From Frank Shaw
totally made up stock price
GNU/Linux Estimated at Around 5% in Montserrat
another country where the "share" of GNU/Linux is now measured at 5%
GNU/Linux Exceeding 5% in Guadeloupe According to statCounter
GNU/Linux "share" estimates in Guadeloupe
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week