Bonum Certa Men Certa

Microsoft Abuse with Software Patents Carries on

European flags at Europe's parliament



Summary: The latest analyses and moves from Microsoft, which increasingly relies on software patents in its eternal battle against Free software

CARLO Piana, who represents Samba on a legal basis in Europe [1, 2], has just published this long post which explains how Microsoft continues to use software patents and other nefarious means to suppress adoption of Free software. This is particularly important right now because Microsoft has an opportunity to do to the Commission what it did to the US Department of Justice, namely putting its friends in charge (Charlie McCreevy may leave, but the FFII shows that a likely replacement is also a supporter of software patents).

The point is that the current Commission is going to step down in a few weeks, and Commissioner Kroes – who has an incredibly good track record on the Microsoft case – might feel the urgency to close everything behind her, leaving the office empty and her case teams without a case. But at which conditions?

[...]

The single biggest issue is patents. The current WSPP agreement does not contain any meaningful provision or license or promise or non-assertion pledge or anything that is useful to Free Software projects. Without that clearance, once everything is over, who is going to stop the patents to be asserted or, worse, merely threatened (call it FUD, patent rattling, whatever)? Microsoft has been very clear to reserve this right. If it is home free with a broad undertaking, there will not be any real pressure against the assertion of the patents, apart the reaction of some friendlier companies and of the OIN. We have seen just a small preview with the TomTom case.

[...]

And the future will bring Silverlight. And the future will bring OOXML mandated by public authorities as if it was an open standard. And by the way, I am still awaiting the first attempted implementation of ISO/IEC IS 29500 (what the standard is called) because Microsoft Office's file format is not even close to be that, and it is not even ECMA 376. It is a proprietary, undisclosed file format. To add insult to the damage, I start hearing that even those corrections that were hurried in during the Ballot Resolution Meeting to pass the standard like a square pin into a round hole are now rolled back very quietly in JTC1 SC34 – hijacked by Microsoft – because of lack of interoperability with MS Office. Which incidentally confirms my assessment that the implementation is the standard and the standard is the implementation. The process we underwent to approve or disapprove an international standard was merely a sham.


The Commission falsely promised that it would investigate this, but the complexity of such an investigation (requiring a lot of travel all around the world) is the reason it backed off, leaving Microsoft unpunished for criminal activity such as blackmail and bribery.

We recently showed that Microsoft had attempted to have GNU/Linux vendors sued by patent trolls [1, 2, 3, 4, 5, 6]. That was the allegation made by Red Hat and others, including the OIN, which is now releasing details of the patents in question (there are about 20 software patents in total, so this list is not complete). It's exclusive to The H (London-based apparently) -- part of Heise, which is in Germany where software patents are not valid anyway.

What was in this lot of 22 patents that would specifically worry the Linux community? The OIN supplied The H with a list of the patents:

* Encoding a URL into the playback of a media file (5987509, 6499057, 5774666, 6963906) * Broadcasting video over distributed networks (6005600, 6792468, 7448062) * Launching a browser and sending it to a URL by clicking an icon (5737560, 5877767, 6072491, 7032185) * Launching applications through a movie (5745713) * Colour space conversions (5946113, 6147772) * Web page annotations (6081829, 6571295) * Web publishing hypertext (5890170) * Web publishing and editing with templates (6026433) * A Method for painting on a computer (5182548) * Virtual Address Translation (6205531) * Dynamically generating graphics for the web on the server (6098092) * Dynamic information clipping service (5649186)


Going back to Samba in Europe, there is absolutely no reason to assume that Microsoft will accept an exclusion of software patents. According to this post, Microsoft may still be working on it. [the emphasis in red is ours]

Basically, the IM mob are desperately trying to con unions into doing their dirty work by pushing out propaganda on intellectual monopolies. I just love the line "The RIAA (Recording Industry Association of America) and IIPA (International Intellectual Property Association) were both very enthusiastic about this proposal": you bet they are. Their own ham-fisted efforts have backfired so spectacularly that they are desperate for someone else not tainted by their inept approach of punishing consumers to try.

The following is also significant:
The discussion on future work mostly focus on climate change. General Electric and Microsoft were particularly outspoken in highlighting their fear that some current negotiations over green technology and IPR would weaken IPR. They also denounced the inclusion of proposals that limit patentable subject matter and recommend compulsory licenses or licenses of rights.
As well as Microsoft's usual bleating about not being allowed to patent software in some jurisdictions, it's interesting to note that both it and General Electric seem to rate the preservation of intellectual monopolies rather higher than the preservation of our planet. Pure evil.


MS and GE are both in MSNBC delivering their own angle on the news and they also cooperate on legalising software patents in Europe, never mind their realisation that the patent system is inherently broken (GE complains about patent trolls, whereas Microsoft deals with embargo threats due to the i4i case [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]). Here are some more thoughts about i4i and patents:

Canadian Law Professors Insist Banning The Sale Of Word Is Good For Society & Innovation



[...]

Again, beyond common sense, the historical evidence suggests that these law professors are simply wrong. Countries with no or weak patent protection have seen tremendous innovation over time. And it's because it's competition that's the mother of innovation, not a lack of competition.


In other interesting news, the arguably-unconstitutional ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14] is now being criticised even by the UK-IPO, which is surprising. But it's not ACTA itself which gets the criticism; it's the secrecy. Glyn Moody writes:

Cracks in the ACTA Wall of Secrecy



[...]

Hitherto, there's been no suggestion of any dissension within the ACTA ranks; so this comment in a blog post from Jamie Love about a lunch meeting of civil society NGOs held by the UK's Intellectual Property Office during the WIPO meeting is intriguing:
The UK IP office said it had complained frequently of the secrecy of the ACTA negotiations.
Perhaps if we can get a few more of the insiders moaning about this unnecessary lack of transparency, things will finally start moving.


As pointed out a few months ago, Facebook is flirting with Microsoft's patent troll, Nathan Myhrvold. Now that Facebook is sued for patent infringement (yes, again), one might wonder if Facebook wants the patent troll to act as a shield or an arsenal for counter lawsuits that annul (settle) the originals. It's only speculation.

Facebook has been sued by a software company in Baltimore that claims the social-networking site is violating a two-year-old patent.


 

WhoGlue Inc., a Canton company with fewer than five employees, filed the lawsuit Monday in the U.S. District Court for Delaware, where Facebook is incorporated.

[...]

It's unclear whether the patent infringement case that WhoGlue is trying to make against Facebook can be applied to a host of similar social networking sites that use similar technologies for helping their users manage online interactions.


The company which is suing at least has a product, so it is not a patent troll.

Recent Techrights' Posts

Links 15/02/2026: Roy Medvedev Dead at 100, Rise of "YouTube Politicians"
Links for the day
Links 15/02/2026: How Alexey Navalny Was Executed by Putin, Erdogan Helping Iran
Links for the day
IBM Fedora Keeps Promoting Slop, Red Hat Has Been Turned Into Chaff and Trash to Help IBM's Stock (With "AI" Storytelling)
Red Hat's Fedora is an old brand (20+ years). It no longer stands for what it meant to people in the Fedora Core days (I was a Fedora user back then).
What IBM Said About 2026 Layoffs and What's Happening in Practice
t'll leave IBM at the very bottom, in due course (customers will notice something profound has changed)
Gemini Links 15/02/2026: "Already Midway February" and Loadbars Remembered
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 14, 2026
IRC logs for Saturday, February 14, 2026
Microsoft's Bing Down to 0.5% in Armenia
Microsoft does not want shareholders to see this
Libel by Bots: Unexplored Legal Area?
Liability can be traced back to the operator
Maybe Obvious, But Merits Repeating: A Lot of "Demand" for Slop is Faked, Manufactured, Fabricated by Dark Patterns, Bundling, Media PR (Deception/Hype) Campaigns
Over the past few years many products and services got rebranded as "AI"
xAI and X (Twitter) Live on Borrowed Time, It'll Get a Lot Worse Fast
Being associated with a child porn site formerly known as "Twitter" is odorous to say the least
Microsoft is Lobbying Brussels via Opensource.org and OSI
The new (GAFAM) management at OSI is not serving the OSI's original mission
Will Lockett's Newsletter: Microsoft became Microslop and Windows users are "flocking" to GNU/Linux "to escape the mess"
"Users are fed up and jumping ship from Windows to Mac or Linux. In fact, it appears that Windows has lost 400 million users since 2022!"
Photographic Collections
There are going to be over 100,000 JPEG, PNG, and GIF files by the time we turn 20
Norway Curbs Social Control Media as It Harms Norway's Society
A decrease from 11% to just 1.87% is possible to reason about
Accomplishments of Our Community
Why I enjoy writing in Techrights
Microsoft Invented a Slop CEO ("AI CEO") Because Real Interest in Slop is Waning, So It's Just Faking Its Prominence
It's noise
Google Promoting Slop, Not Journalism
The truth of the matter is, Google is part of this problem and it doesn't seem to care
Another IBM Company (Spawned by IBM) is Hiding the Scale of Layoffs, Just Like Red Hat and Kyndryl
Why is the scale of the layoffs there shrouded in secrecy?
Links 14/02/2026: Financial Woes in Hong Kong and "Hong Kong Journalists Face ‘Precarious’ Future After Jimmy Lai Jailed"
Links for the day
Gemini Links 14/02/2026: Fish Shell and Meta Slash-commands
Links for the day
Links 14/02/2026: "Bias and Toxicity in" Slop, Microsoft's Vista 11 System Update Breaks Systems Again
Links for the day
Links 14/02/2026: "Suppression of Free Speech" and "Climate Change Puts Winter Games on Thin Ice"
Links for the day
EPO "Cocaine Communication Manager" - Part I - Getting the Word Out About What the 'Alicante Mafia' Did to Europe's Second-Largest Institution
Can't everyone in the European media agree that letting cokeheads run Europe's second-largest institution is a terrible idea?
Richard Stallman in the United States - Part I - Huge Audience (Offline and Online), 'Cancel Culture' Attempted and Failed
the comeback of Richard Stallman (RMS) in the United States
GitHub Cannot Survive for Much Longer
Microsoft is trying to just hide the debt
Ed Zitron: Microsoft Is A Decaying Empire That Bet The Future On Making In Excess Of $500 Billion In New Revenue Within The Next 4 To 6 Years From AI — And It Hasn’t Made A Dime In Profit Yet
Microsoft bets its future on a bunch of nothing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 13, 2026
IRC logs for Friday, February 13, 2026
Gemini Links 14/02/2026: "Throwback VR Headset" and OFFLFIRSOCH 2026
Links for the day
IBM's Accounting Claims Don't Add Up
IBM is an enigma. To Wall Street is claims to be doing extremely well, but insiders tell the complete opposite.
Links 13/02/2026: "Cofounders Fleeing MElon’s xAI" and IOC Opposes Solidarity With Ukraine's Fallen
Links for the day
IBM is Becoming "Garbage In, Garbage Out" (GIGO) "Just like Arvind and Krabanaugh." (CEO and CFO, Respectively)
There are some decent new comments about IBM this morning
Gemini Links 13/02/2026: Square Function with Diode Network and Calls Against Discord
Links for the day
Links 13/02/2026: SUSE Uses Microsoft Internally, MElon's Company Helps Turn Epstein Files Into Child Abuse (After the Pornography Scandals)
Links for the day
If Your Company Lost About 30% of Its 'Value' in 3 Months, Then Maybe It Was Never Worth What You Claimed
Does that make sense?
Pleroma is Dying
The last social control media that I joined was Pleroma
African Browser Choices Show a Growing Problem in the World Wide Web
World Wide Web (WWW) becoming little but a transport layer for a particular proprietary application (Google Chrome) [...] we're back to the late 1990s
Asia and Social Control Media
statCounter reckons it's down from over 10% to just 3% since it began tracking those things
If You Want Digital Freedom, Then Follow Richard Stallman, the "Linux" Brand Has Changed and OSI is Microsoft (GitHub)
If you want something stable and predictable, then stick with GNU, the GPL, and GCC
Solicitors Disciplinary Tribunal and SRA Failing to Curb SLAPPs Against People Who Expose Wrongdoing
We'll soon show messages that we transmitted to politicians
Beware the Latest IBM SPAM, IBM is Already Down "After Hours"
After a harsh day in Wall Street IBM's shares area already down again (after trading hours)
Radicalism in Our Communities is Mostly Corporate, Not Grassroots
Infiltration and systematic destruction can be shallowly painted as "inducing manners"
Anonymous Threats Against My Wife and Against Yours Truly
Promoting GNU/Linux and condemning people who attack GNU/Linux is not a crime
Decades-Long Microsofter (Darryl K. Taft) and TIOBE Conflate Microsoft GitHub (Proprietary) With FOSS in Microsoft-Sponsored 'News' Site
We do not intend to do a lengthy debunking because we covered this subject several times in the past
Life Gets Better After Social Control Media
Don't become part of these experiments
statCounter Suggests Americans Are Dumping Social Control Media
Are Americans getting fed up with social control media and quitting in droves?
Back Doors and Fake Security
They've militarised everything, even people's home computers
Cost-Cutting and Book-Cooking at IBM
It's like cutting salaries by more than 50%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 12, 2026
IRC logs for Thursday, February 12, 2026
Microsoft Cuts Continue, Visitor Center in Redmond Shut Down
This goes on and on, leading up to the next giant wave of mass layoffs