Bonum Certa Men Certa

Intellectual Monopolies @ Microsoft, Counter-Productive Monopolies

Software patents protest against EPO



“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway."

--Marshall Phelps, Microsoft



A SUBJECT THAT we last covered two days ago is Microsoft's alignment with software patents as a business strategy. Further to this, let us consider the effect of its intimidation alone on GNU/Linux [via Digital Majority].

Companies also can use their patent portfolios to disrupt competitors and gain revenue from companies that want to use their patented technologies. Microsoft, for example, has made claims that it holds patents for technologies in Linux, which open-source proponents viewed as a tactic to discourage people from using open-source software.


According to this, "Microsoft’s Patent Group oversees nearly 10,000 issued US patents, with more than 17,000 US patents pending, as well as the growing portfolio of more than 30,000 issued and pending patents filed internationally."

So, whilst axing workforce, they show no signs of cutting down on software patents. Judging by the low standards at the US patent office, many of these patents do a better service at intimidation rather than action. But there are exceptions. Here for example is an incident involving a soft patent that has just had Oprah Winfrey sued. From the more opinionated news summary:

Joe Mullin is back to let us know about the latest patent insanity, starting with a post about a whole bunch of patent infringement lawsuits based on patents held by Scott Harris. You may recall Harris because he was a lawyer for a big law firm, but was quietly filing patents on the side, and then apparently working out deals whereby other companies licensed those patents to be used in infringement lawsuits against big companies -- including companies represented by the very same firm Harris worked for.

[...]

ow, my critics will be the first to point out that I'm no patent attorney, but reading over the patent, it certainly appears to be a patent on displaying a book online. How is that possibly patentable material?


Worse things have already been patented, and sometimes even used in lawsuits. Here is an example from Boxing Day.

Is This Necessary?



People like Glyn Moody, a mathematician by practice but journalist by trade, denounce the core idea of patents even more broadly. Citing other articles, they show how much damage is caused by what ought to be referred to an "intellectual monopolies". Here are two new examples:

1. The Once and Future Economy

This is yet another reason why the lock down of knowledge by intellectual monopolies is simply unacceptable in a world that will be predicated on sharing digital stuff, just as we used to share the physical stuff that Nature gave us a few hundred thousand years ago.


2. The (Intellectual Monopoly) Biter Bit

The author of a proposed Chilean law to fight copyright infringement was greeted with the warning message "This copy of Microsoft Office is not genuine" when he was making a presentation about it.


Here is Siemens shipping an hefty bill for intersection of ideas or inspiration. Shouldn't it be shipping products instead?

Siemens reckoned Seagate had infringed a group of patents it thought it owned concerned with multi-layer hard disk drive sensor technology in GMR (Giant Magneto-Resistive) read heads. Siemens claimed up to $1bn in damages, based on all Seagate hard drives shipping since 2000 using its patented technology. Subsequently this was reduced to $366m, which it calculated as a three per cent royalty on Seagate HDD sales of $12.2bn in the relevant period. The judge then restricted the damages claim to royalties on disk drive sales after November 24 2004, which amounted to $160m.


This is not a soft patent, but nonetheless, such a confrontation shows little innovative value; it's litigation and bureaucracy. It makes for hostile environments where solicitors are the main benefactors.

Recent Techrights' Posts

Linux Foundation is a Mediator for Microsoft et al, Not for Small Companies That Support Rather Than Attack the GPL
Many people still wrongly assume that because it is called "Linux Foundation", then it is pro-Linux and represents the same mindset
This Past Friday, Confirming What We Said All Along About Brett Wilson LLP: It's Shrinking, Has Considerable Debt, Loss of Net Assets Despite the Microsoft SLAPP Money
The documents only became publicly available less than 2 days ago
There Was Always Too Much 'Crazy Stuff' Going on Around Freenode
What many IRC users lost sight of
Exposing Crime is Not a Crime (It Never Was)
In the eyes of rich and powerful people, those who speak about their crimes are the "criminals"
 
Links 08/06/2025: Tiananmen Carnage Censorship Persists, North Korean Goes Offline
Links for the day
Gemini Links 08/06/2025: Love as an Ethnographic Method and Monitorix Gemini-Frontend v0.1
Links for the day
Links 08/06/2025: Exposure of More GAFAM Surveillance and Social Security Records Compromised
Links for the day
Some of the Many Reasons We Sued Microsofters for Harassment
perpetrators of harassment
For 20 Years Many People Were Sharecropping for Canonical's Oligarch, Now He's Deleting All Their Contributions
"Ubuntu has erased instead of archiving the trove of material at Ubuntu Forums"
GNU/Linux Distros Abandoning Microsoft GitHub
Will curl be next to leave Microsoft GitHub?
Expect More XBox Mass Layoffs Soon If the Rumours Are True
From a Microsoft media operative
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 07, 2025
IRC logs for Saturday, June 07, 2025
Europe Needs to Move Away From GAFAM; The Sooner, the Better
Europe - not just the EU - must abandon GAFAM as soon as possible
The Issue Isn't GNOME's Promotion of Diversity But GNOME Corruption, Abuse, Censorship, and Worse
So-called "Conservative" (republican, pro-Trump, bigoted) people want you to think the problem with GNOME is politics
When the News Sources Become Scarce and Increasingly Full of Polluted/Contaminated 'Content' (With LLM Slop and Slop Images)
Integrity matters
"Linux" Sites That Spew Out LLM Slop
We're lacking enough material for another "Slopwatch"
Abuse Inside the Polish Patent Office (UPRP) - Part V: Breaking the Law, Just Like EPO
We'll hopefully cover some of the pertinent details later this year
Links 08/06/2025: Security Lapses, CISA Cuts, and More
Links for the day
Gemini Links 07/06/2025: Mime Types and Geminisphere Introduction
Links for the day
Links 07/06/2025: Slop Companies Retain All Private Data, More Books Banned in the US
Links for the day
Gemini Links 07/06/2025: "A Monk's Guide to Happiness" and "Wireless Earbuds"
Links for the day
Links 07/06/2025: More Rumours of Mass Layoffs in Microsoft's XBox Division, New COVID Variant
Links for the day
Drug Addiction is a Real Problem, It Destroys Families
a rather sensitive matter
Abuse Inside the Polish Patent Office (UPRP) - Part IV: Political Scrutiny and Errors/Inconsistencies in Official Documents
When such organisations receive scrutiny they start focusing on cover-up and muzzling of facts (or crushing people who say the truth)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 06, 2025
IRC logs for Friday, June 06, 2025
Slopwatch: LinuxTechLab, Planet Ubuntu, Anti-Linux FUD, and Microsoft SPAM
It's not easy to altogether avoid take articles these days
Gemini Links 06/06/2025: "MBA Tear" and Slop ('AI') as Plagiarism
Links for the day
Links 06/06/2025: "Convicted Felon and MElon Trade Insults" and Europe Snubbed by US Again
Links for the day
Links 06/06/2025: Microsoft XBox Bracing For More Mass Layoffs, Climate Disaster, Fake 'Money' Tokens From US President
Links for the day
Gemini Links 06/06/2025: Vanishing Cultures and MElon Implosion
Links for the day
Extortion is a Crime, Even If You're Based in Another Continent and Work for Microsoft
reported to British authorities
We're in 6/6 Now, Almost Halfway in 2025
2025 was probably the best year for us
South Americans Are Saying Goodbye to Microsoft
We're hardly even "Cherry-Picking" or conveniently singling out one South American nation
Abuse Inside the Polish Patent Office (UPRP) - Part III: Data Protection Failures, Just Like at the European Patent Office (EPO)
Just less than a decade ago we showed that the EPO had illegally shared staff data with third parties
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 05, 2025
IRC logs for Thursday, June 05, 2025