Bonum Certa Men Certa

New Software Patents for Novell

Hypocrites

Is Novell antagonising software patents? Clearly it does not. In the pipeline Novell still has many more, including this latest:

Administration of protection of data accessible by a mobile device, patent No. 7,478,420, invented by Michael Wright of Sandy, Peter Boucher of Orem, Gabe Nault of Draper, Merrill Smith of Riverton, Sterling K. Jacobson of Saratoga Springs, Jonathan Wood of Orem, and Robert Mims of West Valley City, assigned to Novell Inc. of Provo.


It has been only one week since we last mentioned Novell's attitude towards software patents. It's problematic in the Free software world, especially since Novell uses these patents to create fear of non-SLE* GNU/Linux distributions.

TechDirt has this good post about the desire of lawyers to have excessive patentability, whereas engineers don't need or want this (a point that was stressed before, using evidence).

The Cultural Gulf Between Lawyers And Technologists On Patent Law



On Wednesday I attended the Brookings Institution's conference on "The Limits of Abstract Patents in an Intangible Economy." The conference was organized by software patent skeptics, so that perspective has been well represented. But I was struck by the dramatic differences between the views of lawyers on the one hand (who made up the majority of the panelists and audience members) and the handful of technologists on the other.


Over at Linux Today, Carla has just called Intellectual Monopolies "a mental illness" -- a point that she explains thusly:

This whole "intellectual property" mania is a mental illness that deserves its own entry into the Diagnostic and Statistical Manual of Mental Disorders. It's like that great movie, "Aguirre: The Wrath of God." Give yourself a treat and watch it; it's a wonderful film that takes place after the fall of the Incan empire. Lope de Aguirre, played by the perfectly mad Klaus Kinski, leads a band of Spanish conquistadors on a quest for El Dorado, the legendary City of Gold. The quest is doomed, of course, as they struggle through hostile terrain and hostile locals, pushed onward by their own greed and ruthlessness.

[...]

The tech industry is notorious for thuggish Tony Soprano tactics. How did this come about? Pepsi doesn't make you agree to a EULA. DeWalt doesn't tell you what you can and cannot do with your own DeWalt tools that you have purchased. The fashion and automotive industries copy each other openly, and don't waste time suing each other for poaching ideas. Instead they stick to the business of trying to win customers the old-fashioned way-- by making cool things that people want to buy.

The proprietary software industry nearly succeeded in killing off the second-hand software market, and then had the two-faced gall to whine about copyright infringement-- they tolerate it when it opens new markets and shuts out the competition, but sooner or later those bad pirates have to pay up. Every other industry has a thriving second-hand market, instead of this loony game of wink-nudge "piracy", and it benefits everyone-- it opens new markets, and reduces the financial risks of early adopters and customers who buy new.

Microsoft has devoted considerable energy to trying to kill off the second-hand hardware market as well by going after schools and non-profits that use old, donated equipment, and forcing them to purchase new software licenses. Most OEM Windows PCs come with crippled versions of Windows that can't be moved to different PCs, but are locked to the original.


We saw a very major example of this yesterday.

"Small Software companies cannot afford to go to court or pay damages. Who is this software patent system for?" —Marco Schulze, Nightlabs Gmbh



Steve Ballmer license
Image from Wikimedia

Comments

Recent Techrights' Posts

Microsoft: Work Weekends Too
Microsoft literally working its workers to death
Stallman Has Explained Slop is "Marketing Hype Campaign" and Torvalds Agreed. The Difference is the Bribes.
So be like Stallman
SLAPP Censorship - Part 167 Out of 200: The Court of Appeal Might be the Next Step
Today is our last vacation day
 
PIP Layoffs at Microsoft, Even in India
Microsoft is trying to hide the true scale of the layoffs
Layoff Trackers Are a Sham, They're Like US 'Unemployment Data'
Layoff trackers are similarly misleading as they only measure what companies openly admit and register with WARN notices
The Peculiar Case of OSNews, Which Experiments With Slopfarming
It wasn't published in error. It has been there for two months.
Russian Federation is Removing Windows From Computers
Windows is going "out of fashion"
XBox CEO Has No Clue What She is Selling
Some people believe Microsoft will parcel and offload the whole "gaming" unit to some other companies
analognowhere.com and xkcd.com Selling Physical Copies of Webcomics
That's one way to support their work
PIP/GVSA at Microsoft: Mass Layoffs Disguised as Something Else
Microsoft is trying to cheapen the workforce because the numbers don't add up
Microsoft Lunduke Uses Twitter ("X") Because It's Algorithmically Designed to Boost His Worldview/s, He Ignores What "X" Is
Maybe all those people really deserve one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 31, 2026
IRC logs for Monday, August 31, 2026
Censorship by Threats
It should be noted that the Web site of Richard Stallman will soon enter its third day of downtime
In Romania, GNU/Linux Reaches 6%, According to Clownflare
Tomorrow we'll see the latest data from statCounter (for September)
Gemini Links 01/09/2026: Denali Park Train Trip, Crafts, and Community-Building in smol.pub
Links for the day
Microsoft Workers Doing 80 Hours a Week After Microsoft Culled Their Colleagues
there are days when they work 17 hours a day (barely any time left to sleep and eat) and work starts at 5AM
IBM Defrauds Shareholders With Fake News (Bribed Press) About "Quantum"
That says a lot about the state of "Tech Giants" and also the utterly shameless state of the media
Record Highs for GNU/Linux, Especially in the United States of America
the "market share" of GNU/Linux is about 9%, still about a third of what Vista 11 stands at
PIPocalypse at IBM
Silent layoffs
Spending Over a Million Bucks on Lawsuits Abroad When There's a Big Mortgage to Pay in America
Priorities, priorities...
Gemini Links 31/08/2026: Announcing ROOPHLOCH 2026, smol.pub Discussion, and LLM Plagiarism Engines Target Geminispace
Links for the day
Richard Stallman's GNU Turns 43 in 4 Weeks, FSF Growing
In a few weeks GNU turns 43
IBM's Cuts Are Worsening Security in GNU/Linux
IBM is still run by the same idiot who proposed taking over Red Hat
Links 31/08/2026: Anthropic Sued Again for Copyright Infringement of Massive Scale, 'Tokenmaxxing' Shows Slop is a Worthless Liability
Links for the day
Links 31/08/2026: "Teslas Are Still Driving Into Oncoming Freight Trains" and "LLM Moats Quickly Evaporating"
Links for the day
Debian Project Discards About 25% of the Votes on LLM Slop, Microsoft Votes in the General Resolution (GR)
"[t]he rules of the vote saw community members asked to rank each of the eight proposals. Just under 600 people voted, but Debian’s election team rejected many for unspecified reasons, leaving almost 450 valid votes to count."
Essentiality of Rest and Killing Oneself for Vicious Companies
Working for Microsoft is foolish
In the UK, Bing (Microsoft) Down to Lowest Level Since January
our tax money being passed to Microsoft via MoUs (back door deals with kickbacks)
German Government Sponsors IBM Because of GNU/Linux
Flatpak is sponsored by, run, and controlled by IBM
Richard Stallman Speaks to Christine Hall of FOSS Force, stallman.org is Down for Over a Day
interview does a good job addressing the hype about LLMs too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 30, 2026
IRC logs for Sunday, August 30, 2026
Gemini Links 31/08/2026: Holidays, Stream of Consciousness, and Posting Online
Links for the day
Anniversaries Next Month
The month should be otherwise quiet and uneventful for us
Coding is Not Obsolete
we drown ourselves in chaff to meet "LOC" objectives while ignoring everything else
Microsoft Layoffs Perpetual But Silent, People Pushed Out Using Pressure or Incentive Schemes
Earlier this month we named some of the programs
Links 30/08/2026: Apple Rant and LLM (Slop) Scrapers Target Gemini Protocol and Gopher
Links for the day
Salaries Are Counted in Money, Not in Participation in the Employer's Scheme
articles greatly exaggerating GAFAM salaries
Walls in Free Software
mind your own business and move on
Even Linux Cannot Cope With Slop
Bots on the Web are truly obnoxious
What a Summer!
Tomorrow is the last day of this month
Links 30/08/2026: Soldiers in Niger Attack Presidential Palace and Airport, Nepali City Struggles to Handle the Many Dead Bodies
Links for the day
Clownflare Sees GNU/Linux Rising to 11% This Past Week
Is it the year of "Linux in China"?
Links 30/08/2026: Russian Strike on a Ukrainian Warehouse and Rhetoric Escalations
Links for the day
Gemini Links 30/08/2026: Photography, Paper Books, Linux Kernel and the Debian Projects Permitting Slop Plagiarism
Links for the day
Imagine a World Where Nobody Fights for Software (and Computing) Freedom
The community keeps fighting back, so some of these ambitions are delayed or watered down
FSF Has Grown (More Staff) After a Year of Financial Growth
On October 4 the FSF turns 41
GNU/Linux Has Become More Mainstream in the United Kingdom
It's a long weekend here and we guess some people dabble in GNU/Linux migrations, at least at home
SLAPP Censorship - Part 166 Out of 200: Garrett Wasn't Found Innocent Per Se, the Court Wanted More Evidence of Who Was Behind Particular Accounts Using Tor
It's complicated
Criminals Don't Obey Laws, California Does Not Enhance Online Safety
It has been a while since we last mentioned so-called 'age-verification' laws
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 29, 2026
IRC logs for Saturday, August 29, 2026