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

IBM: The B Turns From "Business" to "Bailouts" to "Buybacks" ("IBM is the Next Intel")
Trying to shore up the falling share price/stocks while veteran workers and Vice President (with high salaries) are cut off
 
SLAPP Censorship - Part 93 Out of 200: A Blueprint of Reckless Lawfare in the UK, Waged and Funded by Americans (in Another Continent)
Lawfare powered by slop companies (including Microsoft) from America, targetting British people who consistently oppose slop because it's objectively terrible
Links 31/05/2026: Watershed Moment, Traveller RPG Book Binding, and GUI Annoyances
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 30, 2026
IRC logs for Saturday, May 30, 2026
IBM CEO Can Become a Billionaire by Laying Off Tens of Thousands of Workers (or Buying Companies Using Borrowed Money, Only to Lay off Thousands in Them)
Like he did Confluent recently
Reminder That Linuxiac is a Slopfarm or Hybrid of Bobby and His LLMs
LLM fetishist that claims to cover Linux
BetaNews is Still Publishing Fake Articles, Sometimes Fake News, or LLM Slop Disguised as 'Journalism'
Slop isn't yet a thing of the past, but hopefully we'll get close to that by the end of this year
Gemini Links 30/05/2026: Writer's Block, Evil GAFAM (Google), and Scepticism of Slop
Links for the day
Links 30/05/2026: Fairphone 6, China’s Rise in Drug Development, Slop Wastes Money Without Delivering Value
Links for the day
Links 30/05/2026: Alarm Over Large Companies Cancelling Slop Contracts, Ozzy Osbourne Resurrection as Slop Draws Ire
Links for the day
Red Hat Exodus or RAs (or PIPs) in 2026 Not Limited to China, IBM is Doing Well at Hiding Layoffs
All we need to know is, does IBM hand out lots of PIPs?
SLAPP Censorship - Part 92 Out of 200: A Spouse Cannot be Turned "On" and "Off" Like a Faucet
Today's part will be very short because we keep the parts shorter in weekends and summer is officially around the corner (June on Monday)
The Register MS Has Just Published Fake Article That Mentions "AI" 23 Times. "Sponsored by Arm." It Does This Every Day.
A lot of the time we see this term everywhere in "the news" simply because slop pushers are paying for it
SQLite Under DDoS Attack by Slop Reports or Fake 'Bugs' (Just Like cURL and Many Other Projects)
Even Linus Torvalds is starting to talk about this
Links 30/05/2026: More GAFAM (Amazon) Mass Layoffs, Peter Schiff Warns of Trillion-Dollar Slop Bubble Waiting to Implode
Links for the day
Slop is Plagiarism
Trillions of dollars down the drain, invested in a dud
Gemini Links 30/05/2026: Rehabilitation and Taming Emacs Cache and Temporary Files
Links for the day
Richard Stallman (RMS) Talks and Secure Transmission of Private Communications in Formats Everybody Can Access With Free Software
Maybe the FSF should step up a bit the campaign to use Free software to communicate with one another
General Consultative Committee (GCC) Discusses Working Conditions of Employees of the European Patent Office (EPO)
On the agenda: Salary Erosion Procedure, Breastfeeding Policy, New Amicale Framework, Public Holidays 2027
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 29, 2026
IRC logs for Friday, May 29, 2026
It's Friday Night Again, So Microsoft is Again Shelving (Under Weekend Lull) Nightmare News for XBox Staff
It did the same thing when the chiefs of XBox got canned
Links 29/05/2026: "Spyware Economy" and Cuba's Energy Crisis
Links for the day
Gemini Links 29/05/2026: Rap Rant and LLMs Criticised
Links for the day
Akira Urushibata on Misleading Numbers From Anthropic's Project Glasswing (False Marketing by FUD Tactics)
Posted yesterday and approved a short while ago
Censorship of Information Unflattering to IBM (or GAFAM)
Years ago we gave a platform to a censored Microsoft whistleblower
Silent Layoffs at Microsoft in 2026
Time will tell is there are investigative journalists out there who will quit parroting Microsoft (e.g. false layoff figures) and relying on LLMs controlled by Microsoft to spew out false "facts" for them
SLAPP Censorship - Part 91 Out of 200: Legal Aid in Support of Freedom of the Press and British Women (Attacked by Americans)
bolstered by prominent counsels
Codecs and Software Patents - Part XII - GNU's Web Site Will Soon Have Many Recent Talks by Chief GNUisance Richard Stallman (RMS)
GNU videos being transcoded or converted into AV1
[Video] Richard Stallman's Rapperswil (Switzerland) Talk Online
accessible without proprietary software
Trusting Trust is an Old Issue, Predating Rust and LLM Slop by Over Half a Century
Microsoft Lunduke wants to make a case against Rust and slop (LLMs), but the issues he addresses aren't exactly new or unique
California Should Have Abandoned So-called 'Age‑Verification Laws', Not Make Exemptions (for Now)
This has nothing to do with 1) children 2) safety 3) safety of children
Links 29/05/2026: Cory Doctorow on Why the Internet Feels So Broken, American Pope on Defederation
Links for the day
Techrights Does Not Censor Information About IBM, It Platforms and Retains Suppressed Voices From Inside IBM
They don't like it when people criticise the management [...] panic attacks mentioned
Bob (Robert) Cringely Devoted Three Years of His Life Trying to Profit From LLM Slop and Now He Sounds Off, It's Just Not Working and It Can Crash the Economy Soon
"The labs raising money at valuations with too many zeros are happy"
Techrights After About 60,000 Articles in 20 Years
Sites fail if they don't offer anything new or if they wrongly believe that adopting slop to parrot other sites will give them exposure
Organised Plunder or Robbery: GAFAM and Hardware Companies Rely on Media Bribery to Perpetuate False Narratives and to "Drive Sales" (and Drive Prices Upwards)
The price-fixing seems plausible and, if so, we need to demand action
Linux Foundation Destroys the Identity and History of Linux
Groklaw's PJ was thorn on the side of LF sponsors
The Problem of Microsoft Crimes
Opposing crime isn't "hatred"
The Fall of Slop (Even Microsoft Admits There's a Problem)
If Microsoft admits that slop is too expensive and is for "entertainment purposes" because it cannot be relied upon, why would anyone other than the pushers and profiteers still insist that slop bears potential?
Red Hat Will Die Inside a Dying IBM
IBM isn't where Red Hat came to thrive but where it came to die
Very Large Strike at the European Patent Office Today, "Production" Sank a Huge Deal
At this pace, we might be looking at tens of thousands fewer European Patents being granted this year
Gemini Links 29/05/2026: Leadership and Religion, the Board Game (Second Edition)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 28, 2026
IRC logs for Thursday, May 28, 2026