Bonum Certa Men Certa

Patents Roundup: Red Hat on Patent Trolls; Apple Antitrust; Microsoft Attacks Theora, Which is Needed to Save Our Video Culture

Ogg versus MPEG



Summary: Ogg Theora is being smeared and demoted by Microsoft and its boosters while H.264 is pushed hard, even by Apple which now faces an antitrust inquiry for anti-competitiveness

A FEW days ago we summarised the Acacia hoopla by stating that it's all over:



There is a somewhat belated announcement from Novell and Red Hat's Rob Tiller wrote about it too. He is confident despite the fact that Red Hat does not always win against patent trolls [1, 2, 3, 4, 5, 6].

We learned many things from this experience, but I'll note just three here. We now know for certain that those in the business of bringing software patent lawsuits are not invincible, even in the supposedly patent-friendly jurisdiction of the Eastern District of Texas. We know that Texas juries are willing to reject bogus infringement claims and invalidate bad software patents. And we know that attacks on open source based on FUD will not stand up when subjected to the light of truth.


One blogger from Dr. Dobbs says that there is growth in "Theora FUD" at the moment (also to do with patent claims).

A blogger named Hugo Roy posted a piece called An Open Letter to Steve Jobs in which he picked on Steve a bit about the openness of H.264. A few valid points were made, but most interestingly, Hugo then posted an email response he says came from Steve himself, which included the following inflammatory quote:
A patent pool is being assembled to go after Theora and other “open source” codecs now. Unfortunately, just because something is open source, it doesn’t mean or guarantee that it doesn’t infringe on others patents.
If this is true, it is bad news for Theora indeed. Can the Mozilla foundation afford to hang a giant "Kick Me" sign on the next version of Firefox? Can they afford to litigate against even a single patent lawsuit, much less this consortium Steve is quoted as knowing of?


Apple's many abuses as of late (going after bloggers, blocking third-party developers [1, 2, 3, 4, 5, 6, 7, 8], veiled threat against Ogg, etc.) do add up. The FTC has just launched an antitrust inquiry, which is not as bad as that may sound.

According to the New York Post, The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) are negotiating which of them will launch an inquiry into a clause in the iPhone OS 4 SDK that bans the porting of software originally written for Adobe's Flash, Sun's Java or Microsoft's Silverlight/Mono to the iPhone OS.


The FTC is usually quite toothless and the FCC nearly went after Apple once before (right after Microsoft connections were formed inside the FCC). Apple also has an edgy history with European antitrust, mostly over the music business. What the FTC really needs to crack down on is AstroTurfing, including some from Microsoft [1, 2, 3]. The FTC promised that it would address the problem -- one that we covered in old posts such as:



The FTC or the DOJ may also want to investigate Microsoft for racketeering [1, 2, 3, 4, 5, 6, 7]. Microsoft has resorted to outright extortion against its #1 competition, which is GNU/Linux. As Penguin Pete put it:

Funny how it's always Linux which Microsoft is alleging is infringing on Microsoft's patent portfolio, isn't it? Not FreeBSD, not OpenBSD, not NetBSD, not Solaris (open or closed), not Plan Nine From Bell Labs, not ReactOS, not Minix, not GNU-HURD, not any of the flavors of proprietary Unix.


This whole extortion may also end when the Bilski case is once again concluded, assuming that it also kills software patents. Patent trolls/lawyers and monopolies will fight tooth and nail for software patents. Justice Sonia Sotomayor is not helping, either.

Sonia Sotomayor, or Justice Sotomayor is the newest, and maybe the most worrying judge on the US Supreme Court.

Sotomayor was previously married to Kevin Noonan,[1] a patent lawyer who is very pro-patent.


SJVN wrote about the subject, starting with a sound bite that berates lawyers:

First, we kill all the patent lawyers



Actually, I don't think we should kill all the patent lawyers. Some of my best friends are patent attorneys -- no, really. But I'd happily stick a knife into the American patent system.

In the beginning, the U.S. patent system was meant to encourage inventors and innovation. Abraham Lincoln is reputed to have said, "The Patent System added the fuel of interest to the fire of genius." That was then. This is now.

Today, unless the Supreme Court does the right thing and tosses out business practice and, by implication, software patents with the proper decision in the Bilski case, we're stuck with a system designed to wreck anyone who actually tries to implement his own ideas.

You see, with many software patents there is no specific language, no hard code, but only descriptions of general processes that can be implemented in multiple ways. Now, you might think you could avoid patent trouble by looking up the appropriate patents and not using them. Good luck with that.

[...]

This is why Microsoft, despite being the loser in some whopping patent lawsuits, such as the $200 million-plus it owes i4i for violating its patents and the $1.5 billion it once owed Alcatel-Lucent, is happy to threaten other companies, especially those that use Linux or open-source software, such as Amazon and TomTom into licensing agreements.


That last example about Alcatel-Lucent includes reasons to embrace Theora, but Microsoft is strongly against Theora, as we recently explained and showed in:



Microsoft continues to justify ignoring Theora. They are using their familiar FUD to justify using something that they are covered for or paid for. As always, their friend Bott joins the attack on Theora (a pile of the usual Microsoft propaganda via ZDNet's Bott/Foley). It's extremely disingenuous and The Source explains why:

Oof. ZDNet’s Ed Bott attacks the FSF hard in “Ogg versus the world: don’t fall for open-source FUD“.

One issue

Mr. Bott calls out some of the points made on the PlayOgg FAQ as being “FUD”, “outright lies”, “technically absurd”, “factually dead wrong”, and maybe even downright anti-kittens-with-funny-captions-underneath.

Let’s look at one of his examples (we’ll only take the first one, but the entire article is chock-full of fallacious fun).

[...]

People like Mr. Bott who carry water for organizations like Microsoft are going to resort to hypocrisy, hair-splitting and strawman-bashing tactics.

For example, Mr. Bott seems quite content to quote the CEO of the MPEG-LA asserting that “no one in the market should be under the misimpression that other codecs such as Theora are patent free” in the very article where he is taking the FSF to task for FUD.


The MPEG-LA CEO is a patent troll. The Source concludes with: "So, be aware of that mindset when you write. There will always be someone out there ready to take a cheap shot or play integrity-free games with the point you are trying to make. You can’t stop them – because they aren’t after the truth - but you don’t have to give up free points on the goal either."

“[P]atent trolls aren't a pathology of [software patents], but a natural consequence of the system. Not a bug, a feature.”
      --Carlo Piana
Carlo Piana (Samba lawyer) explains that "Fighting trolls is [is not] getting rid of [software patents]. Getting rid of [software patents] is a way to defeat trolls, though." He also shrewdly points out that "patent trolls aren't a pathology of [software patents], but a natural consequence of the system. Not a bug, a feature."

MPEG-LA is essentially a pool and an example of a troll/bully because of the way it coerces from the outside. As some other sources warn a lot these days, MPEG-LA is a huge risk to our culture because a lot of our videos got trapped in MPEG-LA's so-called 'property' (MPEG-LA members are the ones to loot everyone and MPEG-LA is just their 'front group', a la MPAA/RIAA). We really need a codec like Theora and it should be defended from the self-serving members of MPEG-LA.

Recent Techrights' Posts

Legal Attacks on Techrights Have Made Techrights More Popular and More Widely Read
The misogynists will have plenty of work to do this summer
SLAPP Censorship - Part 142 Out of 200: GemText is Not a Webpage, Gemini Protocol is Not the Web, and Capsules Are Not Websites
our intention to appeal (escalate to the Court of Appeal)
 
Links 08/08/2026: "Palantir Paid No Federal Income Tax" and "Who's Responsible for This Mess?"
Links for the day
Retained: The Time IBM's Red Hat Tried to Hijack or Take Offline Site of Critics, Failed on All Grounds (Meritless Action Intended to Harass Critics)
Replicated from adrforum.com
IBM's 'Final Solution': Censor Sites Not Controlled by IBM, Sites Where Dissent is Expressed
IBM has no culture of free speech
More Mass Layoffs Coming IBM's Way (Ones IBM Cannot Hide, Cannot Convince Enough People to Leave or Unjustifiably PIP Them When They Say No)
The company that was like a "father of modern computing" is now stingy when it comes to travel. Not a good sign.
What Will it Take for Mainstream Media to Report Silent or Secret Layoffs at IBM?
"Silent" or "secret" sometimes because the media won't cover them
Is the Future of IBM Red Hat Temporary Staff, Contractors?
They want cheap, obedient lemmings
Gemini Links 08/08/2026: Tribute to Lloyd Center, Radio Amateurism, Homeworlds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 07, 2026
IRC logs for Friday, August 07, 2026
Microsoft Uses Slop to Find Defects and Then Uses Slop to Replace Code, What Could Go Wrong?
Botspam is the problem, it's not a constructive approach in any shape or form
analytics.usa.gov: GNU/Linux Up Some More This Week
Days ago it said 6.4%, now it's up to 6.8%
RA-pocalypse: IBM Tells Workers "Taking a Hike" is Their "Next Step" ('Voluntary' Layoffs), Now It Prepares to Sack Lots of Contractors
There definitely is something going on
Kai Stephens (Barkley Walsh) & British Democrats in Clacton by-election hustings
Reprinted with permission from Daniel Pocock
Daniel Pocock 'Punching' Nazis in the UK
The so-called "cult" of so-called "Debianism" was left with nothing but massive legal bills
Microsoft: Our August 2026 Layoffs Are Not Layoffs Because... Reasons
That's like IBM making "spin-offs", then pretending that no layoffs are happening
Links 07/08/2026: UMG and Anthropic in Trouble Over Copyright Infringements Sold as "Training" (Slop)
Links for the day
Links 07/08/2026: "BMW Is Showing Commercials On Their Car's Dash Screens And They Want You To Think It's A Treat", Software Patents on Drones
Links for the day
What We Said About Red Hat's Fate Under IBM Turned Out to be Right on the Money (That IBM Lacks)
There are no layoffs at IBM
IRC Networks Show No Signs of Going Away, IRC Enters Its 39th Year
That IRC daemons are still actively developed and patched in summer of 2026 (over 38 years after IRC was born) says a lot about IRC's importance
Social [Control] Media Needs to Die
I am a bit shocked to recall that I wasted a lot of time on it
Some Malware is Legal Because It's Made and Distributed by Politically-Connected GAFAM
In reality, the security non-experts 'championed' (and salaried) by GAFAM are anti-security people who advocate back doors
The GNU/Linux Anniversary is Next Month, Not This Month
It'll turn 43
At Clacton by-election Hustings Event Daniel Pocock Says "Social [Control] Media Has Contributed to Some of the Anti Social Behaviour."
No doubt many problems in society are caused or at least amplified/accentuated by this horrible phenomenon
IBM Insiders Explain Why IBM is in Very Serious Trouble
Will IBM last long enough for any "quantum" deliverables to become a reality?
The Register MS Took Money From Broadcom to Publish Fake 'News' With "AI" Mentioned 35 Times
not legitimate or authentic journalism.
GNU/Linux Approaching 20% in Georgia (the Country)
Usage of GNU/Linux was near 0%, as measured by statCounter, several years ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 06, 2026
IRC logs for Thursday, August 06, 2026
Gemini Links 07/08/2026: Radio Amateurism, Summer Updates, and Programming "Taste"
Links for the day
Links 06/08/2026: Billboard Chart Contaminated by Slop Plagiarists, Sheinbaum Blasts Social Control Media
Links for the day
A Long Break and What's Coming Next Year
Some time next year we definitely plan to show how the EFF failed women, failed bloggers, and basically prioritised GAFAM
Daniel Pocock on a "metre-long ballot paper"
The Debian "cult" (as he calls them collectively) is simply jealous of him
Links 06/08/2026: Disney and Fentanylware (TikTok) Deal, "Hearing Aids Shenanigans"
Links for the day
IBM Mass Layoffs Began Yesterday, They're Sold as "Voluntary", the "Offer" Runs for Two Weeks (Last Day August 19th 2026)
IBM will self-detonate while using contractual agreements to force people to smile
Start of September 2026 'Voluntary' Mass Layoffs at IBM, Start of October Red Hat Employees Forced Into the 'Bloodbath' (After Collapse of IBM's Shares)
Red Hat is in trouble
Many GNU/Linux PCs Are Not Connected to the Net or Don't Use the Web
Saying GNU/Linux user-agents are just "bots" (Microsoft Lunduke and other Microsofters say this) is like asserting that the Twin Towers fell not because of two giant planes but because of explosives
They Call Occupations "Professions" Because the "Pro" Means Something
If you want to find tech news online
New Conference Paper (Science of Cyber Security) Credits RMS With Delaying Passwords
When it comes to passwords, RMS was "right"
Removing Gender Barriers in Computer Science
It is not that "women aren't good at maths"
In Brunei, GNU/Linux Approaches International Average of 8.5%
a sharp rise from 0% to about 7.5% happened in a few years
15% of IBM Staff Marked for Layoffs ("RAs"), the Workers' Objective is to Find Another Employer and Leave
"That's not a workforce, that's a waiting room."
Maintenance to be Completed Tonight (IPv6)
Notice how, after 25+ years, we're still not fully adopting IPv6, we're only about 50% there
A Data Centres Hub Puts Everyone at Risk, Especially People Who Live Near Them at Times of War/s
Spoiler: Datacentres are military targets, they attract missiles, some with nuclear warheads
GAFAM Mass Layoffs and Mountains (Trillions of Dollars in 'Secret' or 'Off-the-Ledger') Debt
GAFAM is having layoffs this month
August 2026 Microsoft Layoffs Confirmed by Staff This Week
It's hard to assess how many are impacted but signed an NDA, preventing them from speaking about what really happened
analytics.usa.gov Says 7% of Sessions Come From GNU/Linux and ChromeOS. If ~40% (Mobile) Get Omitted, It's More Like 11%.
In desktops and in laptops GNU/Linux has become a big player
IBM Cannot Survive for Much Longer, There Are Limits to RAs and Offshoring, IBM Now Asks Workers to Quit
IBM is in very serious trouble
SLAPP Censorship - Part 141 Out of 200: Brett Wilson LLP Failed to Learn From the Mistakes of the European Patent Office (EPO)
my solicitor, David Allen Green, put them in their place
Texts of the Claims From Balabhadra (Alex) Graveley and Matthew J. Garrett Almost Identical, I am Suing for Abuse of Process
Half a decade ago Balabhadra (Alex) Graveley from Microsoft and GNOME was arrested for strangulation in Texas
Gemini Links 06/08/2026: "Eat That Frog", Mutt Terminal Email Guide, and BASICODE
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 05, 2026
IRC logs for Wednesday, August 05, 2026