Bonum Certa Men Certa

Patents Roundup: Reform, Case Against Linux, Microsoft Patent Trolls and More

Summary: Reform is ahead, Microsoft plays mental games against Linux, Microsoft-affiliated patent harvesters revisited and studied

Change



A patent reform bill ought to have been introduced as early as yesterday, spurring the beginning of change. This may have been delayed a little as we have not been able to identify any coverage, as yet.

Patent reform could be introduced in Congress as early as Tuesday (March 3), as high tech lobbying groups on both sides of the issue turn up the heat. Sources close to the issue said the new bill will pick up where similar bills that failed to pass in 2008 left off.

On one side, big electronics companies want to curb what they claims is a rise of frivolous patent infringement suits and damages, often from companies whose only business is to acquire and assert patents. On the other side, smaller companies and individual inventors say changes in the patent system would cut incentives to develop new technology.


Thought is also given to the issue of patents-encumbered standards over at WIPO, which is typically hostile towards Free software. Fortunately, the Bilski ruling reportedly helps the weakening of software patents. This could rescue standards and further trivialise interoperability.

In February 2009, the Board of Patent Appeals (BPAI) issued nine decisions that touched on Bilski and patentable subject matter under Section 101 of the Patent Act. In eight of the cases, the BPAI either affirmed an examiner's Section 101 rejection (five cases) or entered a new ground of rejection under Section 101 (three cases). In the remaining case, the BPAI remanded - asking the examiner to consider wether the claims were patentable under Section 101. All nine cases were related to software or electronics type applications.


Microsoft vs Linux



A few articles that are important have been published since we last summarised the TomTom case. One important post came from Harald Welte, who debunks Microsoft's claim that its case against TomTom does not affect any generic kernel. Welte makes other valuable remarks, for example:

The underlying strategy is very obvious: Make those patent licenses high enough to reduce the cost advantage of a Linux based OS over Windows CE and thereby demotivate companies from using Linux in the embedded world.

This has so far happened behind closed doors, but if you google you can find a couple of strange press releases of Asian companies buying into those MS patent deals for Linux.

[...]

I myself, as well as numerous other people in the Free and Open Source world are asking themselves how this legal action fits into the Microsoft-proclaimed Free Software friendly strategy. As you can see now, that was nothing but vapor.


Bruce Perens, one of the more prominent figures in his area, weighed in on this topic as well. Bruce Perens took shots at the lack of innovation, among other things:

Now, why would anyone want to pay Microsoft for the right to use this lackluster technology? After all, there were better filesystems before MS-DOS came along, and there are much better ones today. It's not because of the technology, but because of Microsoft's dominance of the computer business.

FAT was the filesystem provided by Microsoft systems, and thus it was on nearly all floppy disks. Apple implemented FAT to be compatible with Microsoft. Later on, all USB sticks and SD cards had to use it if they were to work with Windows. So, most removable storage came preformatted with FAT out of the box. Others implemented FAT to be compatible with Microsoft, and it became the de facto "standard" for removable media. But a standard with embedded patents, for which Microsoft is now demanding royalties.


Eric Raymond wrote some more about the case, this time with specifics delved into.

Most of the public attention has focused on the two FAT patents. Interestingly, these are not patents on FAT itself. Rather, they have to do with methods for translating between long filenames and the DOS-style 8+3 names that FAT still uses internally. They’ll read on any implementation of FAT that wants to present long names to the user, including open-source ones.

The flash-memory one could be the biggest worry in the bunch. It seems to be claiming things that any flash file system needs to do to manage its hardware. No threat to Linux on its own hardware, but it might be deployable, if upheld, to block anyone from shipping in the U.S. a Linux filesystem that manages flash devices, whether it’s FAT-compatible or not.


From Microsoft Watch:

Microsoft's lawsuit against TomTom is sure to drum up nothing but trouble.

[...]

Microsoft wants to enforce these alleged patents now? Against a Dutch company? TomTom is a problem created by Microsoft, for many reasons, with timing being the most important. The European Union is within months of whack, whack, whacking Microsoft for new antitrust violations. Linux and open source are en vogue on the Continent, where anti-Microsoft sentiments grow with each new EU antitrust investigation. Then there's TomTom being a European company.


Several useful points sent to us by a reader are:

  1. "The media is spreading this as a Linux case though it looks like the fight is over the patents on the filesystem FAT"


  2. "FAT, of all the filesystems, is particularly unsuited to flash media (e.g. CF) and if there is no major reason to be pulling chips out of TomTom and putting them into a computer, then there is even less of an excuse to be using it. Further, at least older versions of Windows were capable of using ext2 or one or two others."


  3. "The licensing [...] says that anyone may use FAT. So what we appear to have here is nothing more than a harassment suit, probably for the purpose of FUDing."


A Microsoft executive is meanwhile attacking the notion that open source is about... well, anything more than just cost. The "Free" in F.O.S.S. is not about cost, though.

"NOT ALL OPEN SOURCE is free" spluttered Microsoft's Kevin Turner defensively when the INQ asked him what the Vole planned to do to stay competitive in today's software market.

Forcefully stating that the concept of "free open source" was a fraudulent one, Turner said Microsoft has, "a better value proposition" than the sorcerers, but that the Vole still held the "highest regard for open source".

[...]

He neglected to mention if these "smart ways" involved suing the pants off more Linux distributors in the near future, however.


Microsoft Enderle sings this same tune about the TomTom case not having to do anything with Linux. Other Microsoft employees (or Microsoft-sympathetic bloggers) do the same thing because they want to entice FOSS developers, bringing them over to Windows while attacking Linux 'kindly' or "by accident". Here is another option.

Microsoft still sponsors OSBC [1, 2, 3, 4, 5, 6] and also OSCON [1, 2, 3, 4, 5, 6, 7, 8]. So, the company which sues Linux/open source also wants to share a bed with GNU/Linux advocates, despite it become the next SCO. Microsoft believes such actions can ruin or dilute conferences, such as Apple/Mac events. Similarly, there are reporters who are helping Microsoft 'hug' open source developers; for example, Elizabeth Montalbano from IDG/IDC [1, 2, 3, 4, 5].

Her beat includes corporate and competitive coverage of Microsoft Corp., browsers, office productivity suites, Windows and Windows Live. She also covers Linux and general news and events as they happen in New York City.


Be careful what you read and believe. These people sometimes get hired by Microsoft. Caution is advised when sloppy journalism is trying to wed FOSS developers with Windows and Microsoft. It's being published in Microsoft-funded platforms too (c/f the IDC connection).

(Microsoft) Patent Trolls



One reader has given us information about the patent-trolling business that's brewing in Washington state. Acacia's connections with Microsoft [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11] may not mean much, but the company continues acquiring very silly patents that should have never been granted in the first place and then uses them to sue.

“It will seek returns for these investments.”Acacia has just acquired a patent on interactive mapping and speaking of interactive maps, here is an interesting map of Acacia Partners, with a similar one for Intellectual Vultures[sic] (a patent troll created/conceived by Microsoft). The founder, Nathan Myhrvold, is associated with DreamWorks, which as we showed recently, is associated with Microsoft's cofounder too. There may be other overlaps to be found there and it may be important because this patent troll keeps growing in terms of scale with further acquisitions (the latest example being Telcordia Technologies). It will seek returns for these investments.

Given the sorts of payments we've been seeing, it's worth keeping an eye on money flows. An informant tells us that based on a look-up applied to street address, "it's always interesting seeing what companies occupy the same building." For example:



Additionally, there is Bill Gates' own patent harvesting firm, which is based around the same area [1, 2]. Things are more interconnected than the public is led to believe.

Microsoft cronies



Other News



Patents -- including software patents -- can pass considerable costs downstream to consumers. As new and damning evidence of this:

The CUT-FATT petition said that American consumers pay $20 to $30 per television receiver for intellectual property rights that would cost about $1 elsewhere.


Over video playback, a lot more litigation exists. Latest example:

Beeney's clients claim that Lenovo knowingly violated their patent on a type of compression technology called MPEG-2, which is used in everything from DVDs to satellite television. (MPEG-2 compresses data into a more manageable form. Without it, an analog movie converted to DVD, for instance, would require dozens of disks.)


MPEG-2 is also a known and somewhat controversial issue to GNU/Linux users. It's really time to insist on Ogg.

Microsoft and Dell are being sued for an address lookup patent; therein, BT as well goes aggressive with patents. The combination of tagging with speech turns out to be a ludicrous patent and it's earned by Nokia which continues to prove that it's interested in software patents [1, 2].

Credit card transactions over the telephone have become a patent too, which is now being used against Visa and there is more coverage in TechDirt. Here is a patent on secure domain names -- the type of patents which stifle Web security rather than promote it. We wrote about this sensitive subject before [1, 2, 3].

"I would much rather spend my time and money and energy finding ways to make the Internet safer and better than bickering over patents."

--Dean Drako, Barracuda's CEO

Recent Techrights' Posts

Newer is Not Better, Lunar Edition
Maybe in 57 years (2083, after all these wars) we'll managed to launch a capsule with a human and a dog above the stratosphere again
 
Microsoft: Move Over, XBox, Slop is the New "Entertainment" and We Demote Our "Entertainment" CEO
Marketers, marketers, marketers, as a CEO called Ballmer put it
linuxbuz.com is a Slopfarm, It Depends on LLMs
In the more distant past it could be said that linuxbuz.com was an OK site
Links 07/04/2026: Patent Trolls Leigh M. Rothschild, Bolstered by GNOME and OIN, Continues to Attack; ‘Retaliatory Antitrust Suit’ by MElon
Links for the day
Gemini Links 07/04/2026: Copyleft Revisited, Killing Linux Processes With FZF
Links for the day
It Would be Good for Debian to Have a Female DPL, But...
Debian isn't exactly selecting people for quality or policing bad behaviour
IBM Insiders Say What's Wrong With IBM in Albany (and Yes, There Are Layoffs)
promotions boil down to what insiders now call "brown-nosing" and nepotism
After Killing OpenSource.org IBM Together With OSI Told Us It Would Carry on OpenSource.net, But the Site Has Been Essentially Dead for 9 Months (Effectively Abandoned)
OpenSource.org has been dormant for 4 weeks already and OpenSource.net last had a new page 9 months ago (it'll be 9 months tomorrow) [...] That's IBM in a nutshell
A Lot of What Happened to OSI is Because of Reporting by Techrights
Half a year since Stefano Maffuli (Executive Director) "left"
Public Presentations by RMS Hardly Interrupted Anymore
We'll carry on covering those sorts of topics throughout the year
Links 07/04/2026: US Wants to Put Journalists in Prison for Reporting Facts, Artist ‘Bale’ Arrested Over Rape Allegation in Social Control Media
Links for the day
To IBMers, IBM Has Failed and is Fast Becoming a Book of Jokes and One-Word Punchlines
How else can one make it obvious that IBM is circling down the drain?
"AI Revolution" Was a Lie: Microsoft CEO Admits What He Calls "AI" is Sometimes Sloppy and Microsoft Admits That Slop is for "Entertainment Purposes Only" (Not for Any Serious Work)
if it gets "memory-holed", we can bring it up again and again
Social Control Media is Not a Viable Business Model
The future of the Web might not be the Web
From Datacentres Boom to Actual Booms That Target Datacentres, Now Struggling to Justify Humongous Energy and Water Consumption
Datacentres that are used for mindless "entertainment" (as Microsoft calls it) like slop are not a priority at this time
Gemini Links 07/04/2026: Aircraft Lift Force, Editor History, and Consumer Hardware Stagnation
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 06, 2026
IRC logs for Monday, April 06, 2026
What Matters is Software Freedom, Not the Brands
The important thing is to speak about Software Freedom
Wikileaks is About to Turn 20
~2 days ago it turned 19.5
The Cloud of Smoke
Will 2026 be the year that "The Cloud" openly confesses the risks it brings about?
SLAPP Censorship - Part 36 Out of 200: Claim KB-2024-003529 in a Nutshell (Microsoft Employee Does Terrible Things, Then Sues the Reporter in Another Continent)
It commences with more of an overview
Gemini Links 06/04/2026: Solar Panel Story and Centralisation
Links for the day
"Free Speech, Free Press": What the World Needs to Improve
Darkness breeds corruption
IBM prioritises a "lot of smoke and hype and use of trending buzzwords"
IBM can pretend all it wants things are fine
GAFAM Paying the Price for Pursuing US Military Money (Taxpayers' Money as 'Stimulus' With Strings Attached)
The "cloud" in cloud computing is a cloud of smoke
Observing Slop's Demise
If energy becomes more scarce, then one rare/side perk (or upside) will be slop companies screaming for lifeboats
Links 06/04/2026: Crackers Breached the European Commission, Why "Old Way of Campaigning Won’t Cut It Anymore"
Links for the day
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026