Bonum Certa Men Certa

Patents Roundup: OIN, ESP, Microsoft and Apple

Novell soup



PATENTS -- and in particular software patents -- have become an important issue to Free software. That is because, having already shown superiority in many areas (e.g. Apache on the server, Firefox on the client side), Free software faces injurious intimidation from miserable companies that -- failing to compete based on technical merits -- resort to litigation or preemptive threat (FUD). Here are some of the latest tidbits to be aware of.

OIN and ESP



The OIN takes a very different approach to that of End Software Patents (ESP). The former uses the patent system to defend against certain software patents, whereas the latter seeks to abolish software patents altogether. OIN is mostly backed by companies that possess software patents (large corporations), whereas the latter caters for small players which long ago realised that this system only serves as a gatekeeper for status quo -- one that keeps competition out of the market. It's not even about Free software; any small played is equally vulnerable and stifled regardless of its attitude towards Freedom. As Marco Schulze from Nightlabs Gmbh put it, "small software companies cannot afford to go to court or pay damages. Who is this software patent system for?"

Digital Majority has found something rather interesting. About RMS and his work, said head of the OIN:

Because of the legacy of Richard Stallman in the, when you're trying to drive a new paradigm it almost requires a certain level of extremism and I think, you know, so I am not in any way saying that Richard Stallman's view was a defective one given the times but I think a more balanced view that we now have the benefit of time and being able to adopt and take is that it's not about throwing the baby out with the bathwater, all intellectual property is not bad and to be rejected by the open source community. I am not anti patent, I am clearly focused on improving the quality of patents and ensuring that there is greater granularity in what ultimately does get granted by the patent and trademark offices around the world so that the patent system is back to what it was designed to be.


This is why companies like IBM call it "Linux" and distance themselves from a doctrine of ethics (GNU). They quietly cherish intellectual monopolies on software, despite the fact that there is something inherently flawed in them. The South African press has just published an article which recites the words of Geraldine Fraser Moleketi.

In March 2008, the Third Idlelo Conference on Free and Open Source Software and Digital Commons was held in Dakar, Senegal by the Free Software and Open Source Foundation for Africa (FOSSFA). South Africa's then Minister for Public Service and Administration, Geraldine Fraser Moleketi, stated: “The adoption of open standards by governments is a critical factor in building interoperable information systems which are open, accessible, and fair and which reinforce democratic culture and good governance practices”. The minister further said patents are “exclusive and anticompetitive in their nature” and there is no reason to believe society benefits from monopolies granted on computer program inventions.

It seems clear there is some disunity within government and its agencies, when the Innovation Fund through its funding instruments is urging the filing of patent applications in the ICT sector to enhance economic growth and competitiveness, while on the other hand a government minister suggests that patenting of computer program inventions is undesirable.


Details about this can be found in Tectonic and the video right here in Boycott Novell. We also recommend the new talk from Ciaran O'Riordan regarding software patents. There is a bunch of points in his Web site as well. Georg Greve claimed the other day that "UMTS patent thicket [is] amounting to 10.000 patents, according to France Telecom/Orange."

Who benefits from this sordid chaos? It is a big maze of unnecessary complexity.

Microsoft and Apple



Someone has found this good page which accumulates information about Microsoft and software patents. Here is a good sample of the type of things Microsoft wants a 20-year monopoly on.

There are many patents held by Microsoft which should have been denied due to the existance of prior art or because they're self-evident and are not true inventions as defined by U.S. patent law:

* Double-clicking a button (6,727,830) * Grouping task bar buttons (6,756,999) * Two-way scroll mouse (6,700,564) * Task list generated for software developers (6,748,582) * Using the human body as a conductive medium for power and data (6,754,472) (much prior art done by research labs) * The equivalent of the sudo Unix command (6,775,781) as old as at least 1980


Mary Jo Foley discusses the novelty of multi-touch because Apple and Microsoft both claim ownerships in the area, despite the fact that neither has really been an inventor. As Bill Gates once said in reference to Xerox (probably the pioneer/inventor of touchscreens too), "Hey, Steve [Jobs], just because you broke into Xerox’s store before I did and took the TV doesn’t mean I can’t go in later and steal the stereo."

The multi-touch patent game: Who was first?



[...]

While Apple and Palm have tussled over who “owns” multi-touch, Microsoft has kept surprisingly silent.


Apple's obsession with weird patents has gotten the wrath of The Register yesterday. It was having loads of fun on April 1st.

Another subsection of the filing lists an "electronic device for the inculcation of data-denial modalities among front-line liveware". This iPod-like device can be securely locked into a trainee's ear canal, where it will repeat an infinite loop of denial vocabulary until switched off by a prequalified Apple HR officer.


Another joke came from the FFII:

FFII and EPO announce 'Binaries-As-Prior-Art'



After years of confidential work, the European Patent Office (EPO) and the Foundation for a Free Information Infrastructure (FFII) today announce a radical way to improve software patent quality: Binaries-As-Prior-Art, or BAPA. BAPA combines a database of billions of compiled computer programs ("binaries") with a powerful Cloud search engine that can find any invention in microseconds.


There is nothing funny about an utterly broken patent system, but good humour on this special day sheds light on obvious problems; it contains or brings out an element of truth.

Recent Techrights' Posts

Mass Layoffs at Microsoft, March 2026
When will the media properly investigate this?
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part IV - Escalating to Ministers, Explaining the Severity of These Matters
British Sovereignty at Stake
Garrett Announces LibreLocal Instance in Northampton, Massachusetts (USA)
his message was the only one last month
 
Geminispace Continues to Grow
Geminispace Will Soon Have 5,000 Capsules
Very Little Slop About "Linux"
We hope to see slop eradicated by year's end
BBC Lied for Its Longtime Sponsor (Bribes for 15+ Years) Bill Epsteingate, in Effect Covering Up Sex Trafficking of Underage Girls
The state of the media is truly awful
Microsoft GitHub is Not Free Hosting and It Won't Last
Not for much longer [...] Microsoft is afraid to say that it is pulling the plug, but it seems inevitable
"The Lost Generation" Came Back, This Time Literally
Based on my limited experience with young people ("alphas"), they're lost
IBM is Not Likely to Survive Another Decade
Despite having already survived over a century [...] Last week we saw claims that some company would likely acquire IBM for its remaining assets
IBM Has Just Been Sued Again by Its Own Staff (This Time a Manager, Stephen P. Gutierrez)
IBM's behaviour towards its staff can prove costly
When a Company Says Its Layoffs are "Due to AI" Check the Debt (Typically the Real Reason for Mass Layoffs)
The mass layoffs at Microsoft continue, but Microsoft hides those in some of the same ways IBM does
Doing More With Less
primacy of concepts rather than bells and whistles
Andy and Helen in Cybershow on Divesting From the United States' Technology and Politics
It is no longer considered a taboo to say this and it's not "anti-American" because many Americans can relate to and agree with such criticism
Links 10/03/2026: "GEMA v. Suno Copyright Case" and "Valve Faces PRS Lawsuit Over Allegedly Unlicensed Steam Music"
Links for the day
Gemini Links 10/03/2026: Woods in UK, Slop Laziness, and "Small Technology and Small Economic"
Links for the day
Microsofters' SLAPP Censorship - Part 8 Out of 200: Gross Misuse of UKGDPR to Protect the Agenda of American Back Doors (Mass Surveillance)
Responding to bunk claims regarding UKGDPR and claims of 'analytics' in our sites
Links 10/03/2026: Oil Prices Rising, South Korean/US Military Assets Redirected
Links for the day
Links 10/03/2026: Rust Rewrites by Slop "20,171 Times Slower", "You MUST Review LLM-generated Code"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 09, 2026
IRC logs for Monday, March 09, 2026
Attacks on Techrights Make Techrights Stronger and Attract More Whistleblowers to Techrights
The harder they attack us, the more productive we become
The Register MS Has Just Taken Money From Google (Where the Former Chief Editor Now Works) for Femmewashing and Ponzi Scheme Promotion
now The Register MS not only promotes a Ponzi scheme but also bags money to pretend Google respects women
People at IBM Are Still Smart Enough to Understand What's Really Going on
"I would never refer someone to work at IBM that I liked! I hope all of you have reviewed IBM on Glassdoor."
European Patent Office (EPO) to "Eventually Eliminate the Tasks Performed by Formalities Officers"; EPO Run by People Without Experience in Patents
full paper
RMS is 73 Next Week
Richard Matthew Stallman (RMS) turns 73 exactly 7 days from now
Iran & FSFE: blackmailing women, from football to the French Government (CNIL)
Reprinted with permission from Daniel Pocock
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part III - Very Strong Legal Basis for an Appeal
The case is now being escalated to a Foreign Secretary and former Deputy Prime Minister
Police investigations, lawsuits & Debian leader election candidate shortage
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) Has Defeated Cancel Culture, a Mostly American Phenomenon
RMS is talking now
No Slop Found in RSS Feeds, Only in Google News
No slopfarm will survive for very long, certainly it'll go bust as soon as readers (if it had any) know what it is
Links 09/03/2026: Many Security Breaches and a Pandemic of Censorship
Links for the day
People Who Work or Worked at IBM Hate It
bluewashing is only the first step
Richard Stallman (RMS) Talks in 30 Minutes, Next Stop Bern (Last Stop)
We assume he'll travel back to Boston after that
IBM's Fedora as a Booster of Slop Disguised as Code or Computer Programs
Maybe we should also stop seeing a doctor and instead ask chatbots about symptoms?
Richard Stallman (RMS) Talk Five Hours From Now
there is growing recognition for what he really did for everybody
What the Solicitors Regulation Authority (SRA) and Action Fraud UK Have in Common
Don't let London become the world's "crime capital"
EPO Strike 10 Days From Now, Planning Assembly Tomorrow, Last Couple of Strikes Had High Participation Rates (1,500-1,600 Staff Went on Strike)
The next strike is in 10 days' time and then there will be another strike
Dr. Andy Farnell on How GAFAM, NVIDIA and Others Lie to People Via the Sponsored Media to Prop Up Lies Under the Guise of "AI"
Lots of key aspects are covered
Links 09/03/2026: GAFAM Outsourcing, "MAGA Political Meddling" in EU, Indonesia Bans Social Control Media for Children Under 16
Links for the day
Using Slop (and Slop in Articles) to Attack Copyleft 'on Budget'
This article is pure BS from an anti-GPL and anti-RMS 'activist'
Why The Register MS Sold Out to Microsoft: They're Losing Lots of Money, The Register MS is Bleeding to Death, Based on Its Own Financial Records
With over 6 million pounds in debt (nearly 10 million US dollars) we guess it's likely some other company will take over the site (if it deems it worthwhile)
Microsofters' SLAPP Censorship - Part 7 Out of 200: Like With the Serial Strangler From Microsoft, Misuse of UK-GDPR to Try to Hide Embarrassing Facts
They do and say really bad things, then allege it's a "privacy violation" to mention those things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 08, 2026
IRC logs for Sunday, March 08, 2026
Gemini Links 09/03/2026: Exponentials and Tailscale
Links for the day
Sloppyleft
Article by Alexandre Oliva
Hard to Replace 'Human Touch'
The reason many people insist on using GNU
Richard Stallman Gives Talk in 20 Hours at Ostschweizer Fachhochschule Campus in Rapperswil-Jona
The talk is in English
The Slop Companies Gamble at Our Economy's Expense and They Know It's a Losing Bet (So It's a de Facto Robbery)
The crash of this bubble isn't just inevitable, it's already happening and receding sporadically because of false announcements about money that does not actually exist (to "buy time")
Suppressing Speech by Blackmail, the Iran Story
When Debian wanted to stage a seemingly legitimate election it needed to have more than one candidate running; so eventually the female partner of a geek rose to the challenge (had no coding skills at all, no technical history in Debian) and lost to the "incumbent German"
Too Focused on Buzzwords the Media is Paid to Saturate the Collective Mind With
Just because companies do really bad things in the digital realm does not imply "AI" or follow from "AI"
Discrimination and Prejudice Against Female Journalists
we can shame people who attack a reporter on the grounds of gender
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part II - Trying to Put People in Prison for Committing the Act of Journalism
This is abuse of process
Attack on Copyright and Copyleft by Code Conversion Is Nothing New, It Predates Slop (Code Produced by LLMs) by Several Decades
Even back in the 90s many people converted programs from one language to another. That could invalidate copyleft (and copyright), which already existed
Almost a Slopless Weekend for "Linux"
Let's hope slop will come to an end or sites will cease linking to slop
Insiders Explain Why IBM is Dying and the Inherent Culture Problem
There are many ways to shave this IBM cat
Links 08/03/2026: Microsoft Lost $400 Million on "Project Blackbird" and Half the States Sue Over Illegal Tariffs
Links for the day
Links 08/03/2026: Cisco Holes Again and "Blatant Problem With OpenAI That Endangers Kids"
Links for the day
Activism/Journalism in Our Blood
one must fight for one's principles
Gemini Protocol in Its Prime
What's particularly neat about Gemini Protocol is that it's fast and cheap
Microsofters' SLAPP Censorship - Part 6 Out of 200: Intentionally Misnaming Women, People Who Offered to Testify That They Too Had Been Subjected to Similar Abuse
Today it is International Women's Day
Even Fedora Leadership Cannot Figure Out the Microsoft Kill Switch/Back Door, 'Secure' Boot
It does not actually enhance security
Bruce Perens: Richard Stallman "Has Achieved His Goal"
Stallman's next talk is tomorrow
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 07, 2026
IRC logs for Saturday, March 07, 2026