Bonum Certa Men Certa

Microsoft's “Burning The Ships” is Corporate Patent Propaganda (and How Novell Helps It)

Summary: Preliminary remarks on the motives of a new book and some more patent news

Stupid Book



EARLIER ON IN THE DAY we wrote about Ina Fried's little Microsoft placement, which glorified the company's patent strategy against Free software. Now that Mary Jo Foley (who is usually more moderate and less of a Microsoft mouthpiece) has finally looked at Microsoft's book and had time to make up her own mind, this turns out to be just what one ought to expect: a 186-leaf 'whitepaper'.



While Microsoft may not have directly funded this book, it gave the authors access to its execs — everyone from Gates to Senior VP and General Counsel Brad Smith, to a number of Microsoft public-relations folks. Phelps still works at Microsoft as Corporate Vice President for IP Policy. So calling this book “unauthorized” is quite a stretch.

[...]

I haven’t read the full 186 pages of The Ships yet. But what I’ve skimmed so far makes me feel like I’m reading yet another Microsoft white paper or press release, not any kind of a behind-the-scenes tell-all. I’d be interested in hearing how some of the OEMs and other licensees of Microsoft’s patents feel about the way the authors characterize the IP licensing deals mentioned in the book….


Speaking of "other licensees," Microsoft has just signed up another ActiveSync victim, just like it did with Xandros. It even mentions Xandros by name in the new press release about Gecad.

Over the past few years, Microsoft has entered into Exchange ActiveSync licensing agreements with Apple Inc., Big Bang System Corp., DataViz Inc., Google Inc., Helio LLC, IXI Mobile (R&D) Ltd., Nokia Corp., Palm Inc., Remoba Inc., Samsung Electronics Co. Ltd., Sony Ericsson Mobile Communications AB, Symbian Software Ltd. and Xandros Inc.


Andy Updegrove wrote a good article last week. Therein, Updegrove explained how Microsoft had been stringing such patent deals together to justify them and persistently pressure the next victim until submission. This string of patent deals was kick-started by Novell and then marketed widely by both Microsoft and Novell. Soon enough, Microsoft found some new victims like Xandros, Linspire, and Turbolinux. It's part of a bigger plan

“This string of patent deals was kick-started by Novell and then marketed widely by both Microsoft and Novell.”The book just published is therefore intended to continue the marketing campaign whilst Microsoft lobbyists sing praises of Microsoft's mighty "IP" and how everyone must respect it despite the fact that Microsoft never respected anyone else's ideas and inventions.

We've learned that the publisher of “Burning The Ships” also sends SJVN a complimentary copy of the book. But why? Steven will hopefully not be brainwashed by it.

The newly-published book is likely to be filled with spin or saturated with revisionism because a truthful book would concentrate on and describe failures of Phelps to sign the patent deal Microsoft really needed -- the one with Red Hat. Peer reviewers of this book appear to be Microsoft executives -- primarily those who think of terms of law and have professional background in the subject.

Lastly, the book also sells the impression that Microsoft is changing. Just think about the title of the book. It's a serious lie to say that Microsoft has changed or evolved (or is "burning old ships"). Microsoft uses Novell to market itself and sell the false perception that it encourages interoperability (whilst suing TomTom over FAT in Linux).

Yesterday in the news we found this from a Microsoft executive who uses Novell to market Microsoft technologies and sell the bogus image Microsoft craves to deceive the public with.

[Microsoft's] Paoli: We also collaborate with our competitors — EMC, Novell, SAP and Sun, for example— to help solve the interoperability challenges of our mutual customers. Take Novell, for example. Microsoft worked with Novell to enable Moonlight, an open source implementation of Silverlight for the Linux operating system. Moonlight gives Linux-based users access to Web experiences that incorporate video, animation, interactivity and stunning user interfaces. It will be provided as an open source plug-in for the Firefox Web browser. In fact, an early version of Moonlight was used in January to stream President Obama’s inauguration ceremony.


Stupid Patents



It is reassuring to see that patent unrest is growing. IEEE Spectrum, for example, has just published "The Death of Business-Method Patents" and it mentions software patents too. [via Digital Majority]

The problem is that all software ultimately reduces to mathematical operations, yet only some software controls actual stuff, like the baking of rubber. If the rest is merely math and therefore unpatentable, does that mean we must deny patents to all software that runs nothing but itself?


Over in the South African press, the idea of patenting in general -- and software in particular -- is being slammed based on a famous corollary from Newton and the success of the World Wide Web, being a spectacular reference example of a democratising force.

Berners-Lee himself was motivated by the desire to be able to share and collaborate on ideas with other scientists and researchers. He worked on the notion of combining the concept of hypertext with the Internet, and the rest, as they say, is history.

The interesting thing about all of this in today's world of digital rights and software patents is Berners-Lee let his creation loose on the world, with no intention of claiming ownership, royalties or patents. Thanks to this, others were able to build on his ideas and give us the WWW we enjoy (and profit from) today.

Had Vannevar Bush claimed “prior art” for his ideas or Berners-Lee felt a tad greedy, we might be looking at a very different technology landscape in 2009. Most technology, whether it's a hammer with a claw attached or a nail-file-clipper combo are converged versions of several ideas. With the ongoing debate about who's using whose code and whether or not they should be paying for it, maybe it's time to take a step back and look at the mentality of the guys who got us here today. Driven by a desire to share learning and collaborate with others, they saw a bigger picture. Maybe we should do the same.


Stupid WIPO



Glyn Moody keeps abreast of these matters as well. He too realises that software patents are a hot topic right now (and not in a good way).

Finally, the World Intellectual Property Organisation (WIPO) is also looking at the whole area of patents. Particularly significant is the explicit consideration of “Exclusions from Patentable Subject Matter and Exceptions and Limitations to the Rights”, which mentions programs as one such area that might be examined.

It's hard to tell whether good or bad will come out of these initiatives, but it's clear that software patents are a hot topic at the moment.


The FSFE is doing what it can to make impact on (mis)understanding of software patents inside WIPO, which considers Free software to be illegal. [via Glyn Moody]

FSFE believes that its systematic considerations should be taken into account for and put in perspective to the reports. In particular the economic rationale for the patent system should be taken into account and reflected for the considerations of document SCP/13/3, the report on exclusions from patentable subject matter and exceptions and limitations to the rights.


We wrote about WIPO many times before [1, 2, 3, 4]. It is run by companies in the sense that funding and people come from companies, so to assume there are purely ethical and logical considerations at play would simply be naïve. But that's exactly the Geneva-based establishment which the FSFE is addressing here. Coincidentally, FSFE was conceived in Switzerland (see correction at the bottom) and so was ISO, which got corrupted by Microsoft.

Last but not least, regarding the patent 'reform' bill that's a farce, there is something happening right now which may impact and probably reinforce this broken 'reform'. Results from the Tafas v. Doll appeal come into play.

The conflict stems from a set of rules that the USPTO tried to put into effect in 2007. These would have limited patent applications to five unique claims and 25 total claims per invention, versus the historic lack of limit. Among other things, they would also have restricted the number of requests to reconsider a decision to reject a patent application as well as the number of continuations, or chances to effectively amend a patent application already in process. (Additional continuations would have been theoretically possible, but only with special permission and filing of additional paperwork that experts say could open the patents, if granted, to additional avenues of attack from competitors.)


Stupid Future



In a perfect world, engineers -- not lawyers -- would choose their own destiny. But as long as many administrative roles, governments included, are mostly occupied by lawyers, it will simply be too difficult to ignore, let alone to change the rules. Remember the Golden Rule: those with the gold will make the rules.

"Geeks like to think that they can ignore politics, you can leave politics alone, but politics won't leave you alone."

--Richard Stallman



Woman novell



Correction from Georg Greve (26/03/2009): "FSFE was not incorporated in Geneva or Switzerland. FSFE was initially incorporated in Hamburg, Germany - and has always been a charitable registered German association. See http://fsfeurope.org/about/legal/constitution.en.html for the legal statutes registered in Germany.

"That said, we do have an office in Zurich, Switzerland, which also constitutes the basis for our charitable status in Switzerland. This is a useful base for the Freedom Task Force, and allows me to go to Geneva with a simple train ride.

"Another reference that's potentially useful - FSFE's project page for the WIPO work is at http://fsfeurope.org/projects/wipo/ and contains lots of materials and references about the work we've been doing."

Recent Techrights' Posts

Hard to Find a Job After Working for Microsoft (Back Doors Giant, Bribery Hub)
It generally looks like people who chose to serve Microsoft's agenda don't end up too well
Altering Perceived Reality to Make It Seem Like Microsoft is Thriving, Not Failing
pretend XBox did not die
Confluent Insiders: IBM Laid Off Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
Where and How to Spot LLM Slop
Many people correctly perceive LLMs as a site's downfall, a step towards the abyss
Links 25/03/2026: Nations Return to Russian Oil and Burning Wood
Links for the day
 
The World Wide Bots
The shape of the Web is so bad that bots exceed humans in some places
Links 26/03/2026: Solicitors Regulation Authority (SRA) Closes 101 Law Firms in 2 Years, "Please Compensate the Work You Appreciate"
Links for the day
Regaining Software Freedom Means Regaining Control Over Programs That Run on Our Devices
Richard Stallman will speak in Italy
Microsoft Secure Boot Removes Users' Choice
Has Greenland banned Microsoft and 'secure' boot yet?
IBM Pushes Workers Out, It Does Not Count Them as "Layoffs"
The number of IBM layoffs can be as large as tens of thousands per year
Microsoft Lost 31% Of Its Alleged "Value" in Five Months, Then It Got Downgraded
In 2026 Microsoft focuses on keeping the layoffs silent
SLAPP Censorship - Part 24 Out of 200: The Failed Effort by Brett Wilson LLP to Strike Out My Lawsuit and My Wife's Lawsuit Against Garrett (the Master Allowed Our Lawsuits to Proceed)
This is lawfare
Official New Figures Show That Solicitors Regulation Authority (SRA) Sees Rise in Dishonesty Among Law Firms Forcibly Shut Down ('Euthanised' Due to Misconduct)
It's rather if in our little country as many as 16 law firms were found to be so dishonest that they needed to be shut down
Back to Normalcy
In our datacentre at least
IBM is "Increasing Its Temporary and Part-time Headcount" While Net Headcount Falls (Despite Buying Many Companies and Their Workforce)
Headcount is a rather superficial yardstick.
EPO Union Decides to Continue Industrial Actions, Next Strike in Four Days
The latest strike had the highest participation rate
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 25, 2026
IRC logs for Wednesday, March 25, 2026
Microsoft's "Silent Layoffs" in Slop Clothing
"AI-powered transformation" is just a euphemism for mass layoffs
Public Talk by Richard Stallman in Half a Day "at the Engineering and Architecture Campus of Cesena of the University of Bologna"
He'll probably attract a fairly large crowd
Gemini Links 26/03/2026: Buying a House, Stargazing, OFFLFIRSOCH 2026
Links for the day
Gemini Links 25/03/2026: Resisting Authoritarianism and Why Slop Needs to Go Away
Links for the day
Fedora Maintainer-ship Using Slop (Mistakes) Would Make Fedora Less Reliable
It won't produce reliable code or stable systems one can rely upon
IBM's "Legacy Employees" (Experienced Workers, IBM Management Dubs Them 'Dinobabies')
This notion of "legacy employees" seems like something overlapping with "expensive" (well paid) staff, even if not entirely equivalent
EPO's "Current Industrial Actions Are Likely to Intensify Further."
There is another strike in 5 days
This Morning The Register MS Published Slop Promotion With the Term "AI" 15 Times In It. The Register MS Was (As Usual) Paid to Do This
This is not a serious publisher
SLAPP Censorship - Part 23 Out of 200: We Were Right All Along (for 2 Years) About Third Party Funding and Willingness to 'Break the Bank' in Pursuit of "Revenge"
How much damage can a person do to oneself in pursuit of cover-up of legitimate technical concerns?
Gnome Foundation Inc is in Trouble
the agenda is set GAFAM and IBM rather than donors
Links 25/03/2026: Airports Further Militarised, "Slopification and Its Discontents", Microsoft 'Open' 'Hey Hi' Shutting Things Down
Links for the day
Gemini Links 25/03/2026: Blogging Fright and Absolutely Useless 'Apps' Made by Slop Machines
Links for the day
Rise in Energy Prices Will Significantly Accelerate the Death of So-called "AI Companies"
It should be noted that fake news about Microsoft OpenAI doubling workforce (mere words, not actions) can serve as a nice distraction from the death of Sora due to divestment
It's Always a Question of Trust
There's a widespread stigma of lawyers being manipulative and chronically dishonest
Solicitors Regulation Authority (SRA) Must More Carefully Investigate or Assess the Financial State of Law Firms in the UK
We'll cover this in depth in the future
GAFAM Mozilla Removes Theora Support, Now GNU Needs to Re-encode Videos
Mozilla used to mean something to Free software advocates
An Open Admission Profits Depend on Addiction
Proprietary software tends to be like this
IBM Americas President Ayman Antoun Comes to OpenText, Weeks Ahead the Mass Layoffs Begin
Is that what IBM will be good at?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 24, 2026
IRC logs for Tuesday, March 24, 2026
SLAPP Censorship - Part 22 Out of 200: When You Complain People Impersonate You in IRC (But You Yourself Impersonate People in IRC and Lock Them Out of Their IRC Handles)
We'll cover this with direct evidence some time soon
Gemini Links 24/03/2026: Junk Drawer Time Capsule and Building Outside Alire
Links for the day
Not Much LLM Slop About "Linux" Lately, It Only Ever Comes From the Same Few Sites
As long as only few such sites use LLM slop we can skip and avoid them
Links 24/03/2026: "Epic Lays Off Over 1000 Employees" and US in Financial Trouble According to the Fed
Links for the day
The "Media" Does Not Only 'Miss' Mass Layoffs
"The Treasury just declared the U.S. insolvent. The media missed it"
The Empty Suits of IBM Managers (NIH or "Nothing Invented Here")
IBM's management adopted the business model of parasites
2012: 'Secure' (Microsoft-Controlled) Boot Has Not (Yet) Been Made Obligatory. 2026: systemd Has Not Implemented Age Verification
should we stop calling "nazi" everyone we don't agree with?
More Threats (Including Physical Threats) Against Us Are a Dumb Move
It's like a "hit list" (targets list) and I shall keep the police duly informed
New Example of Pentagon in "Feminist" Clothing Inside Fake News of Publishers Paid to Promote Outsourcing to US ("Clown Computing") and American Slop
Google now pays money to promote Google as a friend of women
Hating Techrights is a Career
but is it good for civil society?
Dr. Stallman’s Work Will Never be Considered 'Mainstream' Because He Rejects and Works Against the So-called 'Mainstream'
Try to be more like Stallman
The New Layoffs: 'Silent Layoffs', 'Secret Layoffs', 'Quiet Layoffs', 'Passive Layoffs' 'Stealth Layoffs', and Unannounced Layoffs Disguised as Return-to-Office (RTO Mandates)
The US needs to revisit and fix the WARN Act
EPO "Cocaine Communication Manager" - Part IX - Cocaine Addicts in Charge of the EPO Attacking Families of EPO Staff
Things like being high-profile and being a serious drug addict aren't opposites
What Feminism in Science Means (Codes of Conduct Don't Tackle the Real Issues)
Universality matters, more so in a project or community that's said to build the "universal operating system" (Debian)
SLAPP Censorship - Part 21 Out of 200: It's About Behaviour Online, Not How Much Money From Shadowy Third Parties Gets Spent on Lawyers and Two Barristers
75+ KG of legal papers, 2 cases, 2 barristers (one hiding in the metadata) and maybe two law firms (also hiding in the metadata) against two modest people in Manchester seems disproportionate and vindicative
Links 24/03/2026: "Airports on ICE" and "Have You Paid Your “Intuit Tax”?"
Links for the day
Gemini Links 24/03/2026: Slop Interview and Why Slop Makes Lousy Code
Links for the day
Richard Stallman to Give Public Talk This Thursday at the University of Bologna (Italy)
Hardly the first time he speaks in Bologna
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 23, 2026
IRC logs for Monday, March 23, 2026