Bonum Certa Men Certa

Latest Report About Microsoft's Newly-Found Affair with Software Patents (as Anti-FOSS Mechanism)

“If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today."

--Bill Gates (when Microsoft was smaller)



Summary: A roundup of news and observations about Microsoft's exploitation of software patents

AS THE previous post showed, Microsoft and its offshoots may be paying politicians for software patents. One of the benefits (to Microsoft) which comes out of this is that it bans competition. Microsoft's #1 competition is GNU/Linux and Free software and the company already sues this competition using software patents which is lobbies for. Microsoft views software patents as something that the GPL is naturally vulnerable to.



LWN.net has just made public its latest debate about the TomTom/FAT case, which represents Microsoft's first legal shot at Linux. From the article:

When Microsoft filed its lawsuit against TomTom, it named two patents which cover the VFAT filesystem. That, naturally, led to a renewed push to either (1) get those patents invalidated, or (2) move away from VFAT altogether. But some participants have advocated a third approach: find a way to work around the patents which retains most of the VFAT filesystem functionality while, with luck, avoiding any potential infringement of the claims of the patent. But, as a recently-posted patch and the ensuing discussion show, workarounds are not a straightforward solution even after the lawyers have been satisfied.


There is a rather terrible and demeaning article in Ars Technica right now. It is about Microsoft's patent propaganda book and the reviewer plays right into Microsoft's hands, maybe intentionally.

Far from being the evil monopolist, Microsoft has in many ways become the cooperative giant—and it's all thanks to intellectual property. The company's IP czar takes us inside the corporate transformation in a new book, Burning the Ships, to show us how it happened (and to take a few potshots at Richard Stallman).


Glyn Moody responds to the shallow take contained in this book review, which seems only to defend Microsoft's offensive behaviour. Software patents did not make Microsoft nicer; they only made it more ruthless and anti-competitive.

To call this "collaboration" is a perversion of language: it's about *enslavement*, pure and simple. It's just that Microsoft has become subtler.


Moody also shows what Microsoft has done to the idea of patenting and Microsoft's tactics of intimidation may be working because, according to this new article, some companies seek indemnification.

But for many large enterprises, potential intellectual property (IP) lawsuits and lack of support staff still keep open source tools out of data centers.


Indemnification is also mentioned in Bluenog's new press release -- being a company that more or less uses the term "open source" for marketing purposes.

"Bluenog is disrupting today's enterprise technology space with Bluenog ICE, an integrated suite of CMS, Portal and BI software that offers the benefits of open source, such as access to source code, backed by indemnification and the comprehensive support typical of commercial solutions," said Suresh Kuppusamy, chief executive officer, Bluenog. "It is no small feat to be selected among the best and brightest companies competing to be winners of the Red Herrin


Some of Microsoft's patents are rather outrageous. Take this newly-approved patent for example. It's hilarious, it's an embarrassment to the USPTO.

"On Tuesday, Microsoft was granted US Patent No. 7,536,726 (it was filed in 2005) for intentionally crippling the functionality of an operating system by 'making selected portions and functionality of the operating system unavailable to the user or by limiting the user's ability to add software applications or device drivers to the computer' until an 'agreed upon sum of money' is paid to 'unlock or otherwise make available the restricted functionality.' According to Microsoft, this solves a 'problem inherent in open architecture systems,' i.e., 'they are generally licensed with complete use rights and/or functionality that may be beyond the need or desire of the system purchaser.' An additional problem with open architecture systems, Microsoft explains, is that 'virtually anyone can write an application that can be executed on the system.' Nice to see the USPTO rewarding Microsoft's eight problem-solving inventors, including Linux killer (and antelope killer) Joachim Kempin, who's been credited with getting Microsoft hauled into federal court on antitrust charges."


Regarding this news, one reader writes to us: "Microsoft Openness, I don't think so. It just goes to demonstrate how - they aren't ever going to stop - until they own it all.

"This 'patent' a perversion of everything the technology is supposed to be about. Guess who the gate keeper of of this functionality is going to be. Not content with messing with the ever changing system calls, they now want to control the whole industry at the OS level."

Now that XBox is struggling against Nintendo Microsoft also resorts to 'copying' and then patenting this:

In a newly disclosed patent application, naming Allard and others as inventors, Microsoft seeks intellectual property protection for a concept described, literally, as a "MAGIC WAND." Although it was only made public a few days ago, the application was originally filed in November 2007 -- about a year after Nintendo launched the Wii, with its distinctive, wand-style controller. (Update: Timing of Nintendo's Wii launch has been corrected since original post.)


More coverage in:



Gene Quinn, a lawyer and proponent of software patents (the more patents, the more money for lawyers) says that In Re Bilski is not bad for software patents. The patent reform (deform), which is by all means a farce, seems to have negative impact in other places where equivalents crop up. Here is one from New Zealand:

Patents Bill



[...]

I will begin by looking briefly at software. The bill proposes that software should be patentable; the opposite direction to that being pursued by the European Union. This is a very bad idea. The foremost theorist in this area is Richard Stallman. Stallman eloquently argues that the use of software patents stifles creativity, massively reduces efficiency, and can lead to whole areas of software usefulness remaining unexplored. Software patents are a substantial cause of software incompatibility, for example. He draws an analogy with the composition of a symphony. Suppose someone had patented particular chord progressions, sequences of notes, or combinations of instruments playing at the same time. What sort of problem would Beethoven have had? We regard him as a brilliant and innovative composer, but he wrote symphonies using a musical vocabulary comprised of very many musical ideas developed by multiple composers. Stallman argues that even a genius software programmer must draw on a standard vocabulary of programming ideas. If software patents are permitted, then the programmer cannot draw on such ideas without infringing patents. The consequences are that whole areas of software development are avoided lest software developers breach patents, and in other areas inefficient or otherwise unsatisfactory programmes remain in use because it is not technically feasible to develop better options because of this restriction. In this area patents are clearly a brake and a hindrance on innovation.


In the United States, patents (monopolies) are seen as the notion with which to save the economy. [via Digital Majority]

IP Enforcement As US Foreign Policy



The United States Chamber of Commerce, the largest US business group, on Monday issued a release applauding a new bill introduced into the US House of Representatives by House Foreign Affairs Committee Chairman Howard Berman (Democrat, California) that would “enhance State Department resources and training for intellectual property enforcement efforts in countries not meeting their international obligations,” the Chamber said.


In essence, this is competitive strangulation using pieces of paper. As we showed earlier, Microsoft being the example, even crippling of an operating systems is now a US patent. Here is another funny new patent which is consumer-hostile:

MLB Gets A Patent On Making It More Difficult To Watch Your Favorite Baseball Team Online



[...]

Limiting access by subscription levels has been around forever. Combining the two hardly seems new and innovative. This seems like it should fail based on general obviousness, as well as the new tests under the KSR ruling (on obviousness) and the Bilski ruling (on pure software patents). About the only "good" that comes of this is that perhaps it means other sports leagues won't use such an anti-fan policy.


Where is this patent system going? And other than selfishness and infinite greed, what is it that motivates Microsoft to support it?

Recent Techrights' Posts

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
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?
 
Akira Urushibata on Misleading Numbers From Anthropic's Project Glasswing (False Marketing by FUD Tactics)
Posted yesterday and approved a short while ago
[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"
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
Links 28/05/2026: Pakistan and Afghanistan Are Still Fighting, Iranians Back Online
Links for the day
"LLMs Are Not Much More Than Plagiarism Engines"
the impact of LLMs on communities and software projects
Is Slop Profitable Yet? No.
Everything is a giant minus
Bob (Robert) Cringely Has Just Explained That After 3 Years of Hard Work It Became Apparent LLM Slop is Unfit for Purpose in Courts
Added moments ago to Daily Links
Links 28/05/2026: LibreSSL 4.3.2, "Jeff Bezos Is Afraid Of What Comes Next", Measles Making a Comeback
Links for the day
PCs That Are Made to 'Expire' and 'Secure' Boot Contributing to Planned Obsolescence
People who are responsible for this ought to be held accountable
Evil, Faceless Corporation: Google Steals Money From You If You Don't Purchase an Android Device for MFA
At this point, under the guise of "hey hi" (slop) Google is firing tens of thousands of workers
People Go Back to Basics, Abandon Microsoft's GitHub to Avoid Slop
The media didn't pay any attention to GitHub's de facto chief quitting Microsoft only a few months ago
SLAPP Censorship - Part 90 Out of 200: When Efforts to Silence His Spouse and Also the Wife of a Blogger in Another Continent Only Give More Exposure to Embarrassing Information
The Garrett trial ended in October 2025
IBM - Much Like the European Patent Office (EPO) - Gives the President (Head of Board and CEO) All the Money While Staff Drowns in High Inflation Rates
They're discussing the same sort of thing we often see mentioned in the EPO
"THE REGISTER EXPLAINER" as "Paid-for SPAM" at The Register MS With "AI" 40 Times in the Short Page
What will be left of The Register MS in a few years?
2025: EPO President Campinos Breaks the Cookie Jar, Steals Another Million Euros While His "Brother-in-Law" Does Cocaine at the Office and Staff Prepares Rolling, Indefinite Strikes
any additional month of Campinos in charge of the EPO is a liability not just to the EPO but the EU as well
Gemini Links 28/05/2026: Dumping Microsoft GitHub, Gopher Rabbit Hole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 27, 2026
IRC logs for Wednesday, May 27, 2026
Links 27/05/2026: TSMC Workers Next to Consider Strikes, Ceasefire Cracking
Links for the day
SLAPP Censorship - Part 89 Out of 200: SRA Admits Malfunction, That's Why Transparency is Paramount
There have been more efforts than we can to count or can enumerate (probably over 100 such efforts) to gag us and to prevent us writing about what has happened
Our Free Software Activist in Connecticut (USA)
We'll soon revisit the latest round of legislation on "age" (surveillance, ID)
Links 27/05/2026: Living Without 'Smartphoones' and "Russia’s Biggest Attack on Ukraine in 18 Months"
Links for the day
Gemini Links 27/05/2026: The USA as an "Experiment" and Some Ubuntu Manuals
Links for the day
[Video] Full Video of Richard Stallman's Talk in Rome
It seems inevitable that the official GNU site will have it
Slop is a Passing Fad, It's About Faking Productivity (Plagiarism, Misinformation, and False Positives)
Slop is a bubble. Some people accept it later than others.
Anderon - Like Kyndryl - Could be Far Deeper in Debt Than Its Alleged Worth (Vapourware)
Time will tell, but it seems like a Federal-enabled (by the Federal Government) accounting scam, nothing more, nothing less
The Media That Keeps Covering "AI" Because the Pushers of It Pay for Spam
23 times in the page they mention "AI"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 26, 2026
IRC logs for Tuesday, May 26, 2026
Codecs and Software Patents - Part XI - The Stance of RMS (Dr. Stallman) Reassured GNU Regarding AV1
cautioned against software patents since the early 90s if not earlier