Bonum Certa Men Certa

OIN Receives Thanks from Many, CodePlex Foundation Receives Thumbs-Down from Many

Hand with thumb down



Summary: Putting in perspective some of Microsoft's latest attacks on GNU/Linux and an apparent deflection

SHORTLY after the OIN had intercepted Microsoft's attempt to float anti-GNU/Linux patents [1, 2, 3, 4, 5], many responses were posted. Among them there is one from Eben Moglen. who wrote that "Our community—including all developers, distributors and users—owes Keith Bergelt of OIN, and the companies on his board of directors, a round of serious thanks for interrupting this arms trade, and calling attention to a bad business practice." He also wrote:



An announcement by the Open Invention Network has disclosed publicly for the first time another, previously-secret front in our community’s efforts to protect itself against anti-competitive aggression by Microsoft. OIN’s transaction with Allied Security Trust to buy patents, supposedly reading on free software, offered to the troll market by Microsoft prevented what could have been a very unpleasant experience for the whole free software ecosystem.

Selling patents to organizations that have no purpose except to bring litigation—entities which do not themselves make anything or conduct any research, which do not indeed contribute in any tangible or intangible way to the progress of civilization—is not standard commercial practice. What Microsoft is really doing here is sowing disruption, creating fear, uncertainty and doubt at the expense of encouraging the very sort of misbehavior in the patent system that hurts everyone in the industry, including them.


Jay Lyman posts a superb, concise summary of the responses which matter.

This week, we saw some of the software patent skirmishes that are driving and validating this thinking. There was first news that the Open Invention Network, the consortium dedicated to legal and IP defense of Linux, had bought some software patents that related to Linux, which admittedly is not hard to do these days. It turned out the 22 Linux-focused patents were purchased from Allied Security Trust, which had actually purchased them from none other than Microsoft. This might not have meant a whole lot, with OIN proclaiming a victory and Microsoft stating simply that the patents did not hold much value to them. However, the plot thickened as we heard from FOSS defender Eben Moglen, from Linux Foundation executive director Jim Zemlin and from vendor Red Hat, that Microsoft may have been shopping the patents around to would-be patent trolls who would do the dirty work of FUD on their own.


Here is the follow-on article from Groklaw, which finally relates this alleged trolling attempt to Microsoft's so-called "Open Source" Foundation. Yesterday we explained why it's a farce, which only comprises the usual members [1, 2].

Microsoft doesn't control it. What it used to be able to do in the dark now falls out of its noxious bag of tricks into the Internet's bright light, stage front and center. And there stands Microsoft in the spotlight, with its pants down, and let me tell you, it's not a pretty sight.

Take the failed patent hustle of a couple of days ago, apparently maneuvering to enable proxy patent trolls to sue Linux. The idea, I gather, was to damage Linux, but without any way to trace it back to Microsoft. Thank you OIN and AST for foiling the plan. And by the way, are courts supposed to be used like this, to attack the competition? The court system is designed for adjudicating conflicts that are real. If you get damaged, you can go to court and try to be made whole. And so far as I know, there is no definition of abuse of monopoly that would exclude what just happened from being part of what antitrust law covers.

Then there is the hypocrisy factor. Ironically, Microsoft's lead attorney in the i4i patent litigation was sanctioned by the judge in the Memorandum and Order because he persistently argued to the jury that patent trolls shouldn't be allowed to seek money damages. And yet, out in the back, behind the garage, so to speak, it's "Psst... trolls, wanna buy a patent?"


Here is where Pamela Jones refers to Microsoft's new foundation:

What won't Miguel do for Microsoft, I ask myself? I take that as good news, frankly, as the new foundation wouldn't be needed by Microsoft to "supplement" what others already have in place if they could undermine what the community already has. So Microsoft funds and runs a new Brand X open source foundation which will be entirely under Microsoft's thumb. Now do you see the purpose of the GPL? Why the F in FOSS is so vital? If all that matters is viewing the code or excellence of code or whatever that concept was in the longstanding debate, look what you get: Microsoft's Brand X open source foundation to sell you patent licenses to proprietary code. An offer they hope you can't refuse. How do you like it?


Richard Adhikari of ECT correctly points out that "FOSS fans" (yes, the real ones) are not buying Microsoft's story. From the summary:

The CodePlex Foundation, according to Redmond, enables the exchange of code and understanding among software companies and open source communities. Those OSS communities, however, aren't entirely trustful of Microsoft's intentions.


Sam Ramji still has 3 months to go at Microsoft; one has to wonder who he shall work for next. Experience suggests that departing Microsoft employees become an HR issue. Ramji's job has been -- to a great extent -- lying to the press on Microsoft's behalf; it was not easy, especially while Microsoft was attacking GNU/Linux behind closed doors. Microsoft is still lying without any qualm. According to David Williams, Microsoft says that CodePlex is accepted by Linux and the open source community. "According to [Microsoft's] Sara Ford," he writes, "the site is accepted and welcomed among the fans of open source and Linux software." Utter nonsense. Maybe it's this type of people who endorse it.

He [Ramji] will serve as president of the CodePlex Foundation for at least the first 100 days but is also departing Microsoft before the end of the month for another software vendor.


The Microsoft-sponsored blog called the whole thing a "soap opera", thus trivialising serious issues. That's funny. When Microsoft attacks GNU/Linux from multiple directions -- potentially breaking some laws in the process (depending on location) -- and then further abuses the "Open Source" brand, all it can be called is just a "soap opera"? On the other hand, positions are at least provided from the other side of this story:

Bergelt said he suspects that strategic agenda was to stall or slow the growth of Linux by seeing the patents ultimately fall into the hands of organizations that would use them to pursue lawsuits against people who use or distribute Linux. Microsoft has said that it believes Linux and other open-source programs violate more than 200 of its patents.


Here are all the recent events sorted contextually. One has to wonder if the CodePlex Foundation announcement timing was intended to quell the storm over Microsoft's attempt to sue GNU/Linux vendors by proxy. It was mas perhaps intended to change the focus of debate in the press; that would not be the first time Microsoft deliberately does this.

“One has to wonder if the CodePlex Foundation announcement timing was intended to quell the storm over Microsoft's attempt to sue GNU/Linux vendors by proxy.”Over at the Mono-Nono Web site, one commenter argues that "The whole “microsoft opening up to open source” things reminds me of this movie:

http://www.youtube.com/watch?v=n3bI71P_8O8

“We come in peace”.

“Do not run! We are your friends!”

Yeah… right!"

There is already some FUD out there, such as the essay titled "Will Microsoft's Open Source Initiative Kill Linux?"

This comes from Ken Hess, who has gone ahead with a lot of trollish anti-Linux rhetorics recently. He once invited Microsoft to hire him in one of his columns. Apart from the headline, however, the body of arguments seems rather reasonable.

In other patent news that we shall write about later, Microsoft has managed to overturn a patent judgment regarding Alcatel-Lucent's claims. From Reuters:

A U.S. court of appeals on Friday overturned a $358 million damages award against software maker Microsoft Corp in a long-running patent dispute with French telecoms equipment firm Alcatel-Lucent.

The United States Court of Appeals for the Federal Circuit, which handles many patent and trademark cases, held that Microsoft did indirectly infringe Alcatel's patents, but said the damages awarded against the firm were not justified and must be retried.


We wrote a lot about this case in the past [1, 2, 3, 4, 5]. It's seemingly never-ending. Then again, that's the nature of intellectual monopolies; those with deeper pockets can endure the test of 'justice' for longer, file more motions, and thus 'win'.

"The Company believes that existing copyright law and available trade secret protections, as opposed to patent law, are better suited to protecting computer software developments." —Oracle Corporation, IBiblio: Oracle Corporation's position paper on software patents

Comments

Recent Techrights' Posts

EPO Strike a Week From Now, After That Strikes Can Become Permanent
A week from tomorrow there will be another strike
 
Debianism election 2026 community poll created, everybody can vote
Reprinted with permission from Daniel Pocock
Links 23/03/2026: "Shocking Peter Thiel Antichrist Lectures", Robert Mueller Remembered
Links for the day
The Scandal Bigger Than IBM/Red Hat Layoffs is the de Facto "Media Blackout" About Those Layoffs
So we have a media crisis, aside from the economic crises
Gemini Links 23/03/2026: Geminispace/Elpher Enhancement and the Cerberus Cinco
Links for the day
Fear is Not a Legitimate Factor
Smart people know that trying to prevent moral people from doing the "Right Thing" will backfire
Fuel Autonomy and What It Teaches Us About Software Autonomy (or Software Freedom)
Need we wait until a "software Pearl Harbor" or protect ourselves proactively by weaning ourselves off of GAFAMware?
Scheduled Maintenance This Coming Wednesday
Other than that, all is the same and we carry on as usual
Most Press Articles About IBM Are LLM Slop, Sometimes With Slop Images
IBM basically laid off almost 1,000 people last week [...] At the moment about 75% of the 'articles' we see about IBM (in recent days) are some kind of slop
Links 23/03/2026: Security Breaches, Energy Shortages, Another SRA Scandal, and Patents on Nature
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 22, 2026
IRC logs for Sunday, March 22, 2026
Streisand Effect and Justice
This weekend this site has served over 8 million Web requests
Gemini Links 22/03/2026: "Woman of Tomorrow" and "First Steps in Geminispace"
Links for the day
SLAPP Censorship - Part 19 Out of 200: They Were Ill-prepared for Tough Questions in Cross-Examination
Very ill-prepared for the deteriorating situation caused by their clients' past behaviour towards many people, including high-profile figures who offered to testify
The Media Sold Out to Slop Bros
If you wish for the hype to stop, then stop participating in it
The Only Non-IBM Staff in Fedora Council/Leadership Attacks Booting Freedom (Just Like the Master Wants)
Last week IBM laid off almost 1,000 people in Confluent and the media didn't write anything about it, so don't expect anyone in what's left of the media to comment on Fedora's demise and silent layoffs at Red Hat
Just Like a Founder of XBox Said, Microsoft XBox is Collapsing, Management Continue to Jump Ship
Nowadays Microsoft tries to promote this idea that Windows is XBox and XBox is Windows
Links 22/03/2026: Slop Triggers Emergency at Meta, Energy Prices Rise Sharply
Links for the day
Links 22/03/2026: Microsoft 'Open' 'AI' in Legal Trouble (Plagiarism, Distortion, Misrepresentation); Facebook/Meta Kills Off "Horizon Worlds"
Links for the day
Racism Dressed Up as "Choice"
Racism is rampant at IBM
Probably an All-Time Record
Our investment in our own SSG is paying off
Your Site Should Implement Its Own Search (Before It's Too Late)
GAFAM was never trustworthy
Gemini Links 22/03/2026: LLM Slop Attacks USENET, Announcing Pig (New Game in Gemini Protocol)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 21, 2026
IRC logs for Saturday, March 21, 2026
SLAPP Censorship - Part 18 Out of 200: Third Parties Funding Attacks on the Messengers, Lawsuits Against GAFAM-Critical Voices That Uphold Real National Security
Women are like kryptonite to them
Never Trust People Who Write Their Own Wikipedia Pages (Vanity Pages About Themselves) or Ask Friends to Do So. Also: Jono Bacon is Married to Microsoft.
We'd hardly be the first to point out Wikipedia isn't what it seems
No Tolerance for Attacks on Family Members
Being a Free software activist ought not lead to "collateral damage" like attacks on family members, including doxing
Sirius Open Source is Just a Zombie Firm With Shell Entities
Many companies fake their health and their size
Communities Can Only Survive When Trust Prevails
PCLinuxOS is still a vibrant and authentic community
Techrights Was Always a Community Site
The harder we're attacked, the more people participate in the site
Maintenance Reminder
We'll carry on publishing
Behind the PR Smokescreen and Microsoft-Sponsored Chaff, Microsoft Layoffs in "AI" Alleged This Month
In an age when ~1,000 simultaneous layoffs aren't enough to receive any media coverage, what can we expect remaining publishers to tell us about Microsoft layoffs in 2026?
EPO "Cocaine Communication Manager" - Part VIII - Mobbing and Silencing of Dissenting Staff
that's the very cornerstone of functional democracies with real opposition parties
Bluewashing at Confluent: Some Workers to Leave Within 3 Months (IBM Mass Layoffs)
Is the "era of AI" an era when none of the media will mention over 800 layoffs? [...] There's a lesson here about the state of the contemporary media, not just IBM and bluewashing
Microsoft OpenAI, Drowning in Debt and Forced to Make Significant Cuts (as Reports Reveal This Month), Does Hiring Disguised as "Takeovers" to Fake Value or Alleged Potential
Remember what happened to Skype last year
Reader Shares Recent Memes on Slop and 'Coding' by LLMs
"just some funny memes I thought were relevant to current coverage."
Slop Does Not Replace Art, It Contaminates Everything With Reckless Nonsense
many Computer Scientists do not want programs to get contaminated by slop
Coders Don't Just Reject 'Vibe Coding' Because They're "Luddites", They Just Know the True Cost of Slop
if some programmer says slop sucks, don't rush to assume selfishness or defence of one's occupation
When Nobody Else Covers the News
There's an obvious "media blackout" regarding the mass layoffs
Links 21/03/2026: David Botstein Dies, Slop as Censorship Apparatus
Links for the day
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026