Bonum Certa Men Certa

Patents Roundup: Acacia, i4i, Tuxera, Monsanto, Apple, and Microsoft

Software patents protest in India



Summary: Overview of news about software patents and slightly beyond that

THE ISSUE of software patents is having an impact on GNU/Linux more than ever before. Apple, Microsoft, and a few other companies use software patents against the freedom of software. This post is a collection of items that hopefully inform and explain where we stand.



Acacia



There is only one patent troll that directly challenged GNU/Linux by filing a lawsuit against a GNU/Linux vendor, based on a software patent claim. Acacia sued Red Hat and Novell shortly after it had hired from Microsoft and Law.com has an update on the case.

Already this month, Rader has dismissed one patent case against Google and Yahoo on summary judgment and trimmed back damages theories in a lawsuit against Red Hat and Novell. These are somewhat unusual rulings for the Eastern District of Texas, which historically has not killed as many patent cases on summary judgment as other venues.

[...]

● In IP Innovation v. Red Hat, another case also involving plaintiff IP Innovation, this time against Red Hat and Novell, Rader made a statement on the hot button issue of damages in patent cases. The judge questioned the plaintiff expert's use of the "entire market value" rule, which calculates damages based on a percentage of total sales even if only a small feature of a product like a computer is infringing.

"Mr. Gemini's current expert report improperly inflates both the royalty base and the royalty rate by relying on irrelevant or unreliable evidence and by failing to account for the economic realities of this claimed component as part of a larger system," Rader wrote (.pdf).

Red Hat and Novell are being represented by Gibson, Dunn & Crutcher lawyers from San Francisco.


It is hard to tell if Microsoft was in touch with Acacia executives just before the lawsuit (there was a staff migration from Microsoft to Acacia), but as we showed many times before, the timing was interesting. The Acacia lawsuit was filed shortly after Ballmer had issued a patent threat to Red Hat.

i4i



“The Acacia lawsuit was filed shortly after Ballmer had issued a patent threat to Red Hat.”The i4i case [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12], which we last mentioned a short while ago, is repeatedly being lost by Microsoft. They just don't give up, do they? It's still a case to watch because it dealt a blow to OOXML.

Tuxera



For those who do not remember how Tuxera is connected to Microsoft, here is a Wiki page serving as reference. There is noteworthy news about Tuxera becoming an SD Association member. They hopefully won't standardise only on Microsoft file systems that require money to be paid to Microsoft (for software patents).

Monsanto



One company that might be more malicious than Microsoft would have to be Monsanto. There are others too, but the nature of their malice is different (wars, poisoning, et cetera).

Monsanto officials are already inside the government (we have dozens of posts about Monsanto's inter-personal relationships) and this new report from The New York Times indicates that the company's patent franchise is still under scrutiny.

The price increases have not only irritated many farmers, they have caught the attention of the Obama administration. The Justice Department began an antitrust investigation of the seed industry last year, with an apparent focus on Monsanto, which controls much of the market for the expensive bioengineered traits that make crops resistant to insect pests and herbicides.


Glyn Moody, who refers to this post as his source, spots a comparison between Microsoft and Monsanto.

But the ones he chooses in contrast are pretty significant:
And the past:

Extractive. Over two decades, Microsoft has honed its extractive edge, coming up with cleverer and cleverer ways to extract profits from customers and suppliers. But Microsoft's just a flea on Wall St's elephant — who mastered extractive advantage by finding ways to, ultimately, extract trillions from you, me, and our grandkids. Extractive advantage asks: how can we transfer value from stakeholders to us, 10x or 100x better than our rivals?

Protective. Think Microsoft's the master of 20th century advantage? Think again. Monsanto's Round-up Ready strategy protects genetically modified crops with proprietary herbicide that crops need to flourish. The result? A protective advantage: Monsanto's made sure that farmers are locked in to Monsanto as tightly as possible. Protective advantage asks: are buyers and suppliers locked in to dealing with us, 10x or 100x more tightly than to rivals?

Hmm, Microsoft and Monsanto, what a combination - and interestingly, it's the latter that is singled out as clearly the worse of the two (which is why I am writing increasingly about the company and its activities.)


Monsanto is directly connected to Bill Gates [1, 2, 3, 4, 5, 6, 7, 8].

Apple and Microsoft



Moody also writes about Apple and Microsoft; specifically, he is referring to the secrets Sun's former CEO is telling about this pair (already covered in [1, 2, 3, 4]).

What Schwartz's wonderful anecdotes remind us is that every piece of software borrows from its predecessors, just as every artist learns from the artists that created before him or her. And that's to be expected, because software is a combination of art and science, and both gain much of their power by building on what went before, and then sharing that for others to build on in their turn, for the wider benefit of everyone.

The insane fad for trying to stop that sharing, and to turn those ideas into some mythical “intellectual property” is now reaching its inevitable conclusion, as patent thickets everywhere mean companies spend more and more time and money defending themselves against patent lawsuits, and less time getting on with their main business. There is only one solution: get rid of patents completely, and let the companies that innovate obtain their rewards from *using* that innovation to become leaders, not from trying to stop others from following belatedly in their footsteps.


Brendan Scott, an Australian solicitor specialising in Free/Open Source software, responds to Moody in his blog.

In the context of free software patents are problematic. In the ideal world patents on software wouldn’t exist and there wouldn’t be a problem. However, they do exist. Moreover, part of the reason they exist is because of a variation of mutually assured destruction – many businesses believe they need to acquire patents in order to defend against other patents.* Jonathan Schwartz sets out some of the sad, tawdry circumstances in which this logic plays out here.

I think it is a non trivial problem to find wording which preserves just the defensive potential of patents (which, is actually their offensive potential limited to specific circumstances of exercise) while preserving freedom when licensing software. Some of the more detailed free software licences attempt this. It is, I think, a more difficult problem to craft such wording to apply to standards – because standards purport to be agreed by some collection of people, while freedom requires that everyone be permitted to pursue their own goals. Thus, any ‘promise’ or ‘covenant’** which is limited to an agreed specification must necessarily be inconsistent with freedom in a way qualitatively different to a patent clause in an open source licence. Moreover, any wording which applies to a particular version of a specification will be inconsistent with the evolution of that specification. In short, promises made in relation to specifications are likely to always be problematic (the best to hope for is a disclaimer – per W3C).


More information about Apple's lawsuit (and some background) can be found in The Prior Art blog, which is a good resource.

So while its partner HTC may be the "perfect target" for a patent attack, this is clearly a proxy war with Google—a company that has made clear that it's determined to push into the cell-phone market. That makes Apple's gambit a truly risky one.


We recommend that our readers do not pay Apple any money from now on (and encourage others to do the same). There are alternatives to Apple in every area of computing and these alternatives are also much cheaper anyway. A former Novell/SUSE evangelist finds out where Macs just don't work well (technically, as opposed to perception and visuals).

I have two MacBooks. One is from early 2007, the other from late 2009. Both have intermittent problems waking up from sleep often enough, and similarly enough, to indicate that the perfectionist culture rumored to drive Apple’s every move has its severe blind spots.


Vista 7 -- like Vista where shots have just been fired -- has its problems too. We wrote about this in the morning, quoting our reader Goblin who now adds: "Speak with a "average" user of Windows 7 after its been running for a few weeks. In my experience, there's some unhappy people." He also gives a couple of examples [1, 2] that say: "Since I upgraded my Acer Aspire 6930 from Vista to Windows 7 I have been having many issues..."

Another example says that "these are some of the problems faced by me on the operating system windows7"; is anybody surprised? We have warned about it since 2008 and large businesses refuse to consider this operating system, usually after extensive testing that they require and can afford to perform. ⬆

Recent Techrights' Posts

Gemini Links 07/10/2026: Nostalgia, Neutral Map, and Shorthanding
Links for the day
Slop is Plagiarism
Plagiarism is not "theft" and copyright infringement is not "piracy"
 
Microsoft's XBox CEO Asha Sharma Tells Staff That Many Thousands of Layoffs Are in Fact "Return to Growth"
Get it? Layoffs are "growth".
Gemini Links 07/10/2026: On Feeling Guilty Leaving the US, Multinet, and Limiting Net Usage
Links for the day
The Cyber Show Explains the Concept of "Data Rape"
a metaphor some might find crude
FREE BEER is Still Online, But Barely Active
25 years ago or even 20 years ago many spoke of open/free beer (or "COLA")
Syria: GNU/Linux Has Surged to 8% "Market Share"
I don't have a convincing explanation for this
IBM Dimming Down the Lights on IBM Consulting, No Knowledge or Experience Required
They just "ride" the (old) brand, that's all
Statement on American SLAPP
Crossposted from schestowitz.com
Today The Register MS Published "SPONSORED FEATURE" and "SPONSORED POST" With "AI" 31 Times in Them
This isn't a "Reality" or "Era of AI", it's a paid-for spam campaign
Links 07/10/2026: Unrest in France and Rumours of Plague in Russia
Links for the day
Brigading Against Women - Part XXII - The Lozza Problem (in Length)
Garrett's case was a waste of the Court's money
JavaScript in Richard Stallman's Web Site
For search he is using CGI, not JavaScript
EPO's Local Staff Committee The Hague (LSCTH) Plans Presentation Next Week (Coinciding With Apparent Coronation of 'Cocaine King' Campinos)
They've outsourced this session to the dictator's spying eye
The GNOME Foundation's Code of Conduct Has Been Misused to Hide Corruption
People who value free speech and freedom of expression won't touch social control media with a 10-foot bargepole
Voting for Freedom of the Press
American elections happen every 4 years
What Brett Wilson LLP and Matt Garrett Don't Want People to See/Read
Book-burning is counterproductive
Book-Burning Mindset Does Not Work
It makes the suppressed voices more widely known
Microsoft's XBox in 'Freefall'
XBox is practically finished
IBM is Almost Defunct
IBM is doomed. It just tries to test how much more patience the shareholders have.
Criminalisation of Journalism
"Journalist Derya Okatan arrested in Turkey for allegedly possessing classified material"
Brigading Against Women - Part XXI - Hiding Behind the Veil of "Privacy" After Telling Nazi Things in IRC Channels of Techrights and Physically Threatening People
To merely explain an abuse (or crime) requires naming people; that's a fundamental tenet of reporting
Links 07/10/2026: Quitting Smartphone and "Meta's Muse Is Spying on All Your Friends and Family"
Links for the day
Gemini Links 07/10/2026: Greed, In Praise of Zotero, and The de-Google Path
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 06, 2026
IRC logs for Tuesday, October 06, 2026
Microsoft Hiring Only on the Cheap
Much of the same can be said about GAFAM and IBM
Gemini Links 06/10/2026: Nightfall Express, Shorthanding, and Raspberry Pi Desktop Gets a Debian Trixie Refresh
Links for the day
20th Anniversary Next Month
We are currently trying to agree on a plan for next month's celebrations
Taking Photos With Richard Stallman (RMS)
What's the point?
GAFAM Attack on FreeDesktop
Now they push lots of LLM slop into Linux
EPO Union Bemoans Lack of Social Dialogue as Dictator Wishes to Govern Forever (No Elections, No Rivals), Hide the Many Issues
"Exchange of open letters"
GNU/Linux Has Risen in France Since the Order to Adopt GNU/Linux (in Public Services)
We can expect the same in countries like Denmark, Switzerland, Germany, and The Netherlands
On Microsoft Hiring Freeze or No Permanent Jobs at Microsoft Anymore (Amid Many Silent Layoffs)
Microsoft has changed what it can offer workers
IBM Cannot Hide the Layoffs Forever
we welcome whistleblower to tell us more and send us documents related to that
EPO's Central Staff Committee Asking The Council to Get Rid of Corrupt Campinos
We'll be covering EPO scandals around the time of that meeting
Gemini Links 06/10/2026: EU Kids Act, Practicality of Gemini, and Games
Links for the day
Links 06/10/2026: Data Breaches Epidemic and Turkey Blocking Journalists
Links for the day
The Whole Point of Computing is That Computers Are Deterministic (Speed With Predictable Accuracy)
Unlike stochastic parrots that stochastically utter out lies
It's Not a Linux Back Door If It's an Unpatched Device
"Linux Backdoor" is a glaring misfit, a possibly 'obscene' term
What is a Conditional Fee Agreement (CFA)? When Law Firms Become the Litigants.
And the Solicitors Regulation Authority (SRA) needs to be more serious about tackling this
Brigading Against Women - Part XX - Attempts by Lozza to Deplatform Techrights and Tux Machines Only Days After I Sued Garrett and My Wife Also Sued Garrett (Shortly Before the Serial Strangler From Microsoft Joined)
in 2024
Links 06/10/2026: A Year Since "NSA Whistleblower Reality Winner Released From Prison", World Tries to Deal With El Niño
Links for the day
"SIRIUS CORPORATION LIMITED" as Evidence of the Financial Shell Games in the UK
Rianne and I still have some fond memories of the time the ex-wife of the CEO treated us like human beings
Lots of Silent Layoffs at IBM Last Week, Employees Explain Patterns of Those Impacted
It wasn't just gossip, it actually happened even if the media chose to look the other way (as usual)
Gemini Links 06/10/2026: Fighting for Purpose, Gemlogs, and Gemtext
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 05, 2026
IRC logs for Monday, October 05, 2026
Red Hat is Phased Out of Existence This Month Onwards
Within a few years we'll probably not see many redhat.com addresses anymore; many became ibm.* last week
Finland's GNU/Linux Share Measured at 12%
Last month GNU/Linux was measured at about 10% in Finland
UK Layoffs and Closures by Microsoft. In Expected Blow, Microsoft Likely Shuts Down Another Studio.
Microsoft's layoffs are never-ending, they just try to keep them all secret.
NVIDIA Buys the Media With Companies It Sponsors to Pretend to be Customers (Circular Funding Scheme)
The media crisis worsens
Discussion About Potential Sale of EPO Buildings and Enshittification of Europe's Largest Patent Office
It's noteworthy that only one hour (or 70 minutes) was devoted to so many topics
Brigading Against Women - Part IXX - Overreaction From Young Female Professional After Invalid Threats Made and Sent From an Incel in Another Continent
Cowards who send threats after committing crimes online
Stonewalling by Bots
We'll now turn our attention back to EPO and other matters
Gemini Links 05/10/2026: "Posthumanism", Cardputer, and More
Links for the day
Links 05/10/2026: “I’m Embarrassed on Behalf of the Tech Industry” and Slop Scammers "Lobbying the Vatican"
Links for the day
SIRIUS OPEN SOURCE LTD Officially Insolvent, Is Reform UK Next?
Sirius no more
Links 05/10/2026: "Congress Must Investigate War Profiteers Once Again" and Update on Thomson Reuters v. Ross Intelligence
Links for the day
libera.chat is an Agenda-Peddling Platform Run by Agenda-Peddling Individuals
The volunteers of libera.chat ("staff") aren't working for free, they work towards an agenda
Nobel Season is Plutocracy Week
Later this week the billionaires will give a fake "Nobel" (in "Economics") to someone who parrots their preferred narrative and those same billionaires will use "Nobel" to bless the promoter of their latest pyramid scheme/buzzword
GNU/Linux Market Share in North America 13% This Past Weekend
It is perhaps not shocking that adoption of GNU/Linux is very high there
When Did Europe Begin to Side With White-Collar Criminals (or Participate in Suppressing People Who Oppose Them)?
How much corruption can we tolerate before the European Union becomes another Russian Federation?
Libera Chat's "Level of Control Might Make Sense for a Corporate Platform"
IRC is not centralised
Brigading Against Women - Part XVIII - Turning Censorship Attempts (Articles About Matthew Garrett) Into Mild Redactions
What Lozza did two years ago
Greenland Needs Digital Sovereignty
the large icy island isn't moving to GNU/Linux as quickly as the rest of Europe
Tracker of Internet Relay Chat Networks Out of Service (But Not Down) Since Thursday
We should note that the number of unique networks they track has grown since we last checked
Gemini Links 05/10/2026: NixOS, Guix, Codeberg Banning Slop, and "Gopher Apps on Android"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 04, 2026
IRC logs for Sunday, October 04, 2026