Bonum Certa Men Certa

Microsoft Takes a Hit at Linux with More FAT Patents; John Ward, John Olivo, and McKool Assist Some More Patent Trolling


Urgent need to put an end to Microsoft and the trolls



Summary: Microsoft's software patent war on Linux carries on, albeit very quietly; a patent troll represented by McKool Smith and Ward & Olivo strikes (quite massively too)

UBUNTU has been mostly apathetic when it comes to Mono and Moonlight problems, so it is good to see that Canonical's technical chief gets a lecturing from Dr. Tridgell, whose warnings about software patents we have already mentioned (right after his talk at LCA 2010).



Matt Zimmerman writes

Andrew Tridgell: Patent defence for free software



I missed the start of this talk, but when I arrived, Andrew was explaining how to read and interpret patent claims. This is even less obvious than one might suppose. He offered advice on which parts to read first, and which could be disregarded or referred to only as needed.

Invalidating a patent entirely is difficult, but because patents are interpreted very narrowly, inventions can often be shown to be “different enough” from the patented one.

Where “workarounds” are found, which enable free software to interoperate or solve a problem in a different way than described in a patent, Andrew says it is important to publish them far and wide. This helps to discourage patent holders from attacking free software, because the discovery and publication of a workaround could lead to them losing all of their revenue from the patent (as their licensees could adopt that instead and stop paying for licenses).


Tridgell's colleague, Jeremy Allison, has just warned about this as well (also at LCA 2010). He previously advised Ubuntu to move Mono and Mono-based applications to the 'restricted' repositories [1, 2, 3, 4, 5, 6]. His take on OOXML was seen as noteworthy and some would say prophetic.

Dana Blankenhorn wrote about Allison's talk as follows:

Open source evangelist Jeremy Allison was in New Zealand yesterday, where he issued dire warnings of Microsoft launching a patent attack against open source to win back mobile market share. (Picture from Wikipedia.)

Allison, who famously quit Novell after it announced its patent pact with Microsoft, told a Linux conference in Wellington that Microsoft has to go to court or Windows Mobile is dead. He called a patent fight its “nuclear option.”


Allison is in the business of having no choice but to mimic or comply with a Microsoft protocol. The European Commission is on his side thanks to an exclusive resolution which came after a decade of fighting against Microsoft (which must now comply with the law or heavy pay fines, so it's not a case of playing nice with Samba).

Let's remind ourselves that Microsoft sued TomTom over filesystems in Linux. Andrew Tridgell personally suffered from this (he eventually posted a patch enabling Linux to work around the VFAT patents) and the FAT crusade continues as Microsoft signed a patent deal with Funai (for exFAT) a few days ago. Novell's deal with Microsoft is mentioned in this new article about Funai:

Microsoft inks patent deal with LCD builder



[...]

Microsoft has a long history of signing high-profile patent sharing deals. The company's landmark 2006 deal with Novell sent shockwaves through the open source industry, and the firm has signed similar deals with Brother, Kyocera and Nikon.


See our posts about Tuxera in order to understand Microsoft's plan to tax GNU/Linux through filesystems (to begin with). It all started with Novell, which came to Microsoft looking for a deal.

A few days ago Microsoft sued TiVo. Asay (formerly of Novell) writes:

As Red Hat evangelist Jan Wildeboer suggests,
The 6,008,803 patent...looks very broad. Might affect all kinds of media center [software]. So also Linux apps. The real question is, "Which Linux media center app infringes on Tivo patents?
In other words, we're not out of the woods yet, though it does appear that Microsoft's interest is in supporting the largest customer of its Mediaroom software, not in undermining Linux. Not this time, anyway.


Microsoft appears to have lied about its interests though. Moreover, as we explained the other day, any attack on TiVo -- whether it targets Linux or not -- can lessen the usage of Linux by weakening TiVo.

From the comments on this: "More reason to detest Microsoft, just wonderful.... Microsoft needs to be dismantled."

In other patent news, watch what McKool and Ward are up to:

McKool's promotional material doesn’t emphasize its work for FotoMedia, a patent-holding company whose only apparent business is filing infringement lawsuits. As part of its litigation campaign, FotoMedia has been demanding royalty payments from more than 60 companies with photo-sharing websites. The McKool lawyer in charge of the FotoMedia cases was not available for interviews on Friday, and FotoMedia has not responded to TPA interview requests in the past. FotoMedia is also represented by John Ward & Olivo, a firm out of New York that frequently represents patent-holding companies.

[...]

FotoMedia is a patent-holding company that claims just about every photo-sharing website you can imagine infringes its three patents. Its lawsuits, covered by TPA last May and June, are notable not just for the audacity of the claims they make, but also because they target dozens of small- and medium-sized software companies that provide various types of photo-sharing services over the Internet.


Disgusting. Patent trolls and parasites, including FotoMedia which we mentioned here before. Their site lists not a single product and their job openings are just "for an experienced candidate to join the licensing team of FotoMedia's parent company, Scenera Research, as a Patent Analyst/Engineer."

Got that? It says "licensing team... Patent Analyst/Engineer."

A "licensing team" is basically a bunch of racketeers like Sisvel [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12] and Microsoft. What the hell is a Patent Engineer? A fancy terminology for a lawyer?

We wrote about McKool Smith in [1, 2, 3]. As for Ward, he is working for patent trolls and suing critics (and their employers [1, 2, 3, 4, 5, 6, 7, 8, 9]). According to this, he's also pumping money into politics (assuming it's him). These people should not be allowed in this business if innovation is the real goal. They are leeches and Ray Niro is probably the nastiest of all of them [1, 2, 3, 4, 5, 6, 7, 8].

Comments

Recent Techrights' Posts

European Patent Office (EPO) Series: Photo-Ops Galore and Suspicions of Influence-Peddling
coverage of the EPO's Croatian junket
Pushing to the Top
Publishing is about exposing corruption
How Long Can a Company Delay Its Financial Report That Likely Confirms Exodus of Staff, Growing Debt, and Other Problems?
Brett Wilson LLP was meant to release its annual report some time early this month
European Patent Office (EPO) Series: Networking With the National Delegates
António Campinos with a prime opportunity to network with the Administrative Council delegates and lobby for his reappointment
 
This is Not a Security, This is a Circus
Security does not mean "asked Microsoft for permission"
Communities Need Strong Leadership, Not Dictators Like IBM
Leadership in Free software is not ownership [...] Fedora will only last as long as IBM can somehow make some money out of it or leverage it to attract sharecropping
Patents Are Not "Cash Cows"
People who deliberately don't understand patents (or believe lies about them) will fail to understand how the world works (or does not work)
Sad Lives of People Who Think Women Are Just Sexual Toys (All They Have is Money)
money is still a man-made concept and life is finite
SLAPP Censorship - Part 123 Out of 200: Why Violence Against Animals Matters
Starting tomorrow (Wednesday) we'll begin telling stories about what happened last week
EPO Staff Union's (SUEPO) The Hague Committee, With Help of Lawyer, Challenges Lack of Rewards for Hard Work
The EPO is not about granting valid patents anymore. The horse-trading corrupt officials just see the EPO as some thing that "prints money"
Massive EPO Demonstration Today
It'll start in about 6 hours
More Layoffs in Microsoft's PR Department, Even Ahead of 'D-Day'
Notice they are not even waiting for the official date (nor week)
Gemini Links 30/06/2026: Music and Broken Hearts
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 29, 2026
IRC logs for Monday, June 29, 2026
Gemini Links 29/06/2026: Using More of GPLv3+ and Merits of Security by TOFU
Links for the day
Links 29/06/2026: Lemote Yeeloong Laptop With OpenBSD, Slop Ruins Code/Development
Links for the day
Antisocial People With No Computer Science Background Are Ruining the Technology Space (Like Officials With No Experience in Patents Destroyed the EPO)
This is a real issue; it needs to be widely recognised and tackled
DDoS Attacks Are a Crime and They Only Increase Interest (Intrigue) in Their Target
Information cannot be DDoSed out of reach/existence, except temporarily
Whistleblowing and Retaliation by Microsoft Workers Against Microsoft Seems Increasingly Likely
some will go to the press, looking to expose some shenanigans
SLAPP Censorship - Part 122 Out of 200: Garrett's Solicitors Confirm That Garrett is Ban-Evading and Spying on Our IRC Network
his solicitors basically acknowledge this
PIPs and "Retirements": IBM Layoffs in Anything But Name
That former Red Hat (now IBM) staff threatens to put my wife and I in prison is worse than cruel
Contact Members of the EPO Administrative Council, Tell Them the EPO (Office) Became a Disgrace and an Enemy of Europe's Citizens
If you live in Europe (not just the EU, even Turkey is included), please contact your delegates
The World Needs GNU/Linux for Security, Turn Off "Secure Boot" (It's the Opposite of Security)
They call it "Secure Boot", but what does it mean to say "Secure" when you actively opt for back doors controlled by Microsoft, the FBI, and many more parties?
In Signal of Weakness or Phasing Out XBox (Not Sustainable, According to the CEO) Microsoft "Pauses New Third-Party Game Pass Deals"
Moments ago
Two Pieces About "AI" This Morning Were Paid-For SPAM at The Register MS
The Register MS is the "Tech News" publisher you can pay to promote your company and even key-word-stuff pages for SEO purposes
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day