Bonum Certa Men Certa

Patents Roundup: Linux, Microsoft, Trolls, Deform, Apple and Google

"My message to the patent world is: Either get back to the doctrines of forces of nature or face the elimination of your system." —Hartmut Pilch, Paraflows 06



Linux



A LOT OF things have been happening recently in the patent scene and they directly affect GNU/Linux too. We'll go through them very quickly because there is more to cover than time permits.

The notion of making money from products you do not even make is ludicrous enough, but when this money is extracted from GNU/Linux, then it becomes even outrageous.

Call me pessimistic if you wish: Bad habits take a long time to die. Sometimes, they don’t even disappear at all. They keep on surviving. This time, it seems that Microsoft has decided to roam around and privateer against anything that looks even remotely like a company that could use patents on software. This is how Microsoft announced an agreement on “Intellectual Property” with Brother, focused on printing technology. Now, as Matt Asay has rightfully pointed out, Microsoft does not manufacture nor design printers, but the hell with it! Printers are like the rest, a whole bunch of patentable paraphenalia anyone with capital should invest into. Note: The point is not to invest in printers themselves, it is to patent everything you can imagine is patentable.


This has already been covered and/or discussed in:

  1. Microsoft Distorts the Linux and Virtualisation Markets
  2. Boycott Brother Industries
  3. Microsoft: Deal with Brother Similar to Novell's
  4. 2
  5. Microsoft & Acacia's Extortions Roadshow


There are some newer articles about it:

  1. Microsoft and Brother Sign Cross-Licensing Deal


  2. Microsoft, Brother sign patent-sharing deal


  3. Brother forges patent deal with Microsoft


The deal is the latest in a growing list of diverse, and occasionally controversial, patent-sharing agreements that Microsoft has secured in recent years. These include deals with Kyocera, Nikon and Novell.


Here is another little nugget about "Linux Defenders" [1, 2, 3, 4, 5, 6] and a new article about Peer-to-Patent, which resembles it.

Patenting used to be a lonely pursuit. Patent applicants would work in isolation, secrecy being their only protection before the patent application was filed. The patent would be granted or rejected in a pas de deux involving just applicant and examiner. Once a patent was granted, licensing battles were also fought mano a mano while other potential infringers watched anxiously from the sidelines.


Patent Deform



There is some alarming news from Europe where it can now be pretty much confirmed that the Community patent is to serve as a back door to software patenting in the EU. Benjamin has all the detailed reasoning/proof.

The Council seeks to legalise software patents with the Community Patent, says Mr Pellegrini, ex-advisor of Michel Rocard, former MEP and rapporteur on the rejected software patent directive. The ultimate goal of this move is to create central caselaw on software patents by a specialized patent court.


Over in South Africa, the pro-software patent lobby is trying to find new creative ways to achieve something similar. [via Digital Majority]

Burrell further suggests the Copyright Act and Patents Act do not provide adequate protection for computer programs and that South African courts should adopt the approach outlined in the "Guidelines for Examiners in the European Patent Office".

Fortunately, as will be seen later, there have been many cases on this subject matter in the US and Europe, in particular, and substantial progress has been made in clarifying what similar or identical wording to that found in these sections means. Recent cases and patent office practice notes in the UK have also clarified the position there. The net result is that computer software is largely patentable in foreign jurisdictions, and we can extrapolate to some extent from such jurisdictions to SA.


Microsoft



Microsoft has chosen CNET for its latest propaganda, yet again [1, 2]. It's seeding the "innovation" deception via the Ina Fried talking head and smears it around ZDNet for good measure. The Microsoft 'yes men' follow, as expected. Having put the promotional message in place (e.g. patents against Linux), the pro-Microsoft crowd is intended to fuel what what had been planted, so after a while, not just 'yes men' cover the unimportant story, not truly realising that it's an investor relations stunt.

Microsoft gets its 10,000th U.S. patent



[...]

The company in 2003 began a commitment to broaden IP licensing efforts and has since signed more than 500 licensing agreements with companies of all sizes and types, Microsoft said. The company's 2006 IP agreement with Novell, though, has been a controversial one, raising ire in the Linux community over whether Novell made too big a concession to Microsoft over Linux IP issues.


The only prominent coverage that contains some sobering morsels of sanity is this one.

Microsoft: Not much to show for 10,000 patents



[...]

[I]nnovation is what hasn't actually done Microsoft much good, at least as measured in terms of new product lines that generate material amounts of revenue for the company. It still gathers the vast majority of its revenue from Windows and Office, two product lines that have only incrementally improved (or, in the case of Vista, degenerated) over the past decade or two.

[...]

Companies and people buy products, not patents. I'm sure that 10,000 patents is a nice symbolic achievement for Microsoft, but 10,000 products would be better.


Microsoft's own patent troll is still receiving flak for trying to 'engineer' material that justifies what he does.

According to Xchange, a former Microsoft executive has underwritten a study aimed at patent trolls. The study will be aimed at determining who is to blame for the large amount of patent suits -filed by non-practicing entities - that have hit the U.S. courts in the last decade.


Why blame someone else? Nathan has already resorted to outright extortion to achieve goals of profiteering, which makes him a huge part of this problem.

Google



GNU/Linux-powered phones are being stifled by Apple. And yet again, Apple is pretty much attacking Linux-based products [1, 2, 3] for no reason other than expanding or securing a monopoly (not yet a monopoly, but they can hope for a monopoly on a feature). Here is some coverage about the latest:



Google's smart phone may have been a little smarter were it not for an Apple intervention, according to sources

As a legal showdown between Apple and Palm mounts over Palm's use of multi-touch technology, which Apple recently gained a patent on, new details are emerging about Apple's efforts to prevent its competitors from offering multi-touch.




Did Apple ask Google not to put multi-touch capabilities on the Android-based G1? Rumor has it that Apple may have approached Google while the company was developing the G1 with HTC, and asked the search giant not to put gesture capabilities like pinching on the device. The news comes from an anonymous "Android insider" who spoke with Venture Beat.


In other news, Google paid Microsoft for the 'privilege' to merely interoperate and Microsoft uses this as an opportunity to crow about "innovation" all over the press.

Google today launched Google Sync, a service that allows people to easily move and synchronize contacts and calendar items between devices. The company is licensing patents from Microsoft "covering Google's implementation of the Microsoft Exchange ActiveSync protocol on Google servers," according to a Microsoft statement.


This is also covered in Slashdot and it's bad news for reasons we've been through before.

Comments

Recent Techrights' Posts

Microsoft Insiders: If You Don't Take the Lousy Severance-Like Offer, They'll PIP You Out (Microsoft Signals to People Over 40 That They'd Better Vacate the Place)
Microsoft targets its most experienced (read: expensive) workers
"AI" 16 Times in One 'Article'. The Register MS Got Paid to Post This Spammy, Promotional Piece of Slop.
Pay closer attention to who pays and who gets paid
Links 27/04/2026: Chernobyl Disaster at 40, "Heartbreaking" Decline of Australia
Links for the day
Gemini Links 27/04/2026: Gopher Catchup, MNT Reform, and Injuries
Links for the day
Red Hat Circling Down the Slop Drain
IBM, governed by slop fanatics, is going to do a lot of damage
Slop is an Addiction, Its Users Find It Addictive
please do not tolerate people who slop
The Corrupt Lecture the Non-Corrupt - Part VII - Secrecy at the EPO (Regarding Cocaine and Nepotism) Has Undermined Trust in Management
If Europe's second-largest institution is run by the "Alicante Mafia", does this mean that other key European institutions are "Mafia"?
SLAPP Censorship - Part 59 Out of 200: Mentioning the Fact Alex Graveley Arrested and Charged for Strangulation in Texas is "Reckless" and "Malicious", According to His 'Hired Guns' in London
it was framed as "malicious"
Links 27/04/2026: Strikes, Corruption in Spain (Spanish PM Sanchez' Wife), and YouTuber Faces Jail Time
Links for the day
Gemini Links 27/04/2026: Gopher Catch-up, Year of Contentment, and Path to Freedom
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 26, 2026
IRC logs for Sunday, April 26, 2026
Journalistic Malpractice: Helping Microsoft Paint 'Voluntary' Layoffs (Before PIPs) as "Buyouts"
What does this tell us about today's media?
The Man IBMers Regard or Already See as Likely Successor of Krishna (or Next CEO of IBM) is a Slop Fanatic
How dangerously misguided
The Corrupt Lecture the Non-Corrupt - Part VI - Management of the European Patent Office (EPO) Covered Up Cocaine Use, Even Colleagues Not Informed
the self-described "fu--ing president"
SLAPP Censorship - Part 58 Out of 200: 5RB and Brett Wilson LLP Helped Garrett and Graveley Make Equivalent of GAFAM NDAs Superficially 'Enforceable' in the UK, Using Threats
laziness results in many hours and high lawyers' fees
Who Controls Fedora? IBM and GAFAM.
Don't for a moment believe that IBM understands GNU/Linux. We are quite certain nobody in IBM's Board of Directors uses it.
State of Slop About GNU/Linux
As the incentive to publish is reduced (competing with slop is no fun), the effort/money invested in stories goes down
Links 26/04/2026: Korean Inflation, GLP-1 Drugs Linked to Cognitive Impairment, Lithuania's Public Broadcaster LRT Besieged
Links for the day
Hopefully Smooth Sailing in OS Upgrade
There are some contingencies at hand
Links 25/04/2026: "Horrible Economics of AI Are Starting to Come Crashing Down", More Restrictions Placed on Social Control Media
Links for the day
Getting Aggressive Suggestive of Loss - Part IV - Shutting Down My Existence
Would anyone out there tolerate such messages sent from burner accounts?
Gemini Links 26/04/2026: Gemini Movie Database (or GeminiMDB) and Star Trek III
Links for the day
Weeks Before Linux Removed Over 100,000 Lines of Code Due to Slop 'Bug Reports' Microsoft Paid 'Linux' Foundation to Advance Slop in the Name of 'Security'
What can possible go wrong? Both for security and for stability.
Tracking Ages of People
To stay "safe" tell us your age
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 25, 2026
IRC logs for Saturday, April 25, 2026
"A single witness shall not rise up against a person regarding any wrongdoing or any sin that he commits; on the testimony of two or three witnesses a matter shall be confirmed." (Deuteronomy 19-21)
The spouse of Garrett repeatedly points out that Garrett can barely code or can only do so very poorly
Rust People Sabotage Stability for the Sake of a Falsely-Promised 'Security'
Set aside severe performance issues, poor handling of "edge cases", general bugs, lack of compatibility, and even crashes
SLAPP Censorship - Part 57 Out of 200: 5RB and Brett Wilson LLP Made the Garrett and Graveley Particulars of Claims a Lot Like Photocopies!
They seem very much irritated that I speak about this
Huge Strike at the European Patent Office (EPO) This Coming Friday (May 1st)
International Worker’s day
Links 25/04/2026: Nokia Wins Embargo in Kangaroo Court Where Judges Are Salaried Nokia Staff (UPC), Allison Pearson Defamation Case (UK) Succeeds, Smokey Robinson and "Puff Daddy" (US) Fail
Links for the day
Gemini Links 25/04/2026: Weekly Echoes, Gemtext Tables, and Using Offpunk
Links for the day
Corporate Media Did Not Specify What Microsoft Means by "Buyouts" (Layoffs), It May Be Hardly Different From Severance
Time will tell, but investigative journalism hardly exists anymore, so we won't hold our breath
The Corrupt Lecture the Non-Corrupt - Part V - "Diversity" and "Inclusion" at EPO Means Sleeping With Sister of "Cocaine Communication Manager" and Making Them Millionaires
Remember that top applicants or key stakeholders of the EPO are already complaining about a lack of quality
Links 25/04/2026: Fake GAFAM Valuations (Gripping the Market Based on False Accounting), "Evidence Isn't Just for Research", and "Putin Defends Mobile Internet Outages"
Links for the day
Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Internet Trolls Likely Trying to Distract From the Demise of IBM, Problems With Red Hat
there seems to be trolling online aimed at suppressing discussion
Debian Upgrade Coming Up (Soon)
Yesterday we contacted the datacentre staff about it
Getting Aggressive Suggestive of Loss - Part III - Threats From Burner Accounts Formally Treated as a Crime
Countries that cannot preserve freedom from self-censorship are countries where free press ultimately cannot prevail
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 24, 2026
IRC logs for Friday, April 24, 2026
Gemini Links 25/04/2026: 3.4k+ Capsules, Microsoft Layoffs, Call for Nuclear Disarmament, "Internet is Sad and Lonely"
Links for the day