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

Car Companies Fail Because They Don't Manufacture What Costumers Actually Want
They try to impose their dumb vision on purchasers
Links 24/07/2026: Mass Layoffs at Patreon, Netflix Deemed Bad for People's Brains
Links for the day
 
Give Me Your "Dumbest" (Devices)
Why can't people accept that a "modern "smart" "phone" isn't necessary to check the time (overkill) and playing social control media "on the go" is far from necessary?
Earlier This Year Dan Williams Prepared for Scenario Where Linus Torvalds Dies
He had only just started a job at NVIDIA
Links 25/07/2026: Data Breaches Abundant and Attribution Imperiled in the Age of Slop Hype
Links for the day
Gemini Links 25/07/2026: Poetry and Plaintext Pages
Links for the day
What is Doctor of Philosophy (Ph.D.)
In many cases, the acronym became a misnomer
IBM PIPs Continue Until Morale Improves, Silent or Quiet Firings at IBM Explained
IBM is a dying company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 24, 2026
IRC logs for Friday, July 24, 2026
Gemini Links 24/07/2026: Animal Friendship, Squirrels, and Lagrange
Links for the day
Links 24/07/2026: IOC Drops Russia Ban, New Internationalist Raises Money
Links for the day
Poor Piece From Valnet: Microsoft Keeps Sabotaging GNU/Linux, So You Should Quit Using GNU/Linux
Really awful take
We Need More Encryption, Not Less of It
Use Free software and use encryption to ensure sources are fully protected
At 3PM on a Friday The Register MS Collects Some 'Pyramid Scheme' Money From Communist China (ZTE)
This won't age well for The Register MS
What Freedom Does Not Mean
Tell Warren Buffett to go skiing; he'll soon understand how much freedom he truly has
Linuxiac is Plagiarism
We won't link to it, we're done [...] If you wish to support journalism about GNU/Linux, do not visit or link to slop
Verizon is Over 200 Billion Dollars in Debt (US Telecoms Collapsing, Wrapping Up the Failure in "Hey Hi" Clothing)
They will tell us this is "innovation", not a failure, and that only "Luddites" would oppose this
You've Been Conned If You Ever Believed That MElon (MUSK, Elon) Was a Trillionaire
Connected to corrupt officials
The People Who Tried to 'Cancel' (or Deplatform/Censor) Daniel Pocock Are Annoyed That He's Mentioned in Dozens of Press Articles
If Pocock's words did not matter, there would not be such a huge effort to silence him
Cybershow Explains Why Only Sociopaths Gravitate Towards Leadership Position in 'Tech'
The general thesis is a familiar one
Speeding Up 'Down Under': Australia, New Zealand, Tasmania...
As things stand, the best we can do is let people retrieve pages within less than 0.1 seconds since a request is received
Google's Debt Trebled in Only 9 Months and It's Not Even the Full Picture (There's Secret Debt, Too)
No wonder there are so many layoffs and workers try to unionise
Microsoft Layoffs in India
it's about cost-cutting
Deregulation is Blowing Up the Economy, Which Has Become a Multi-Level Scheme or Pyramid Scheme
Why did only Japanese media call out the BS; is that so hard to figure out and properly report on?
Google Spreads Misinformation, Google's Slop Makes Stuff Up and Calls That "Intelligence"
Google very well understands (and even publicly admits so, albeit only for legal reasons) that the slop does not work
Daniel Pocock Proves Wikipedia is for Rich People or People Who Work for Very Rich People (the True Owners of Wikipedia)
It's for billionaires and their faithful boot lickers
GNOME: Your Personal Opinions Must Overlap GAFAM's (Otherwise Those Opinions Are Impermissible)
Get well soon, GNOME
Making Excuses for Stressful, Unrewarding, and Immoral Jobs
excuses for difficult and/or barely-rewarding jobs. [...] People in tech must not be evaluated (or have their "worth" assessed) based on remuneration
US is Insolvent, GAFAM is Buying Time by Hiding (Not Disclosing) Its True Debt Which Explains Never-ending Layoffs (Unrelated to Slop or "Efficiency Drives")
Five Tech Giants are Hiding $1.65tn in AI Debt, Using the Trick that Toppled Enron
Almost 5 Years Without Social Control Media ('Mind Prison')
Life is too short to be stuck inside a skinnerbox
Linux Must be About People (Humans), Not Bribery From Slop Companies Trillions of Dollars in Debt and in Pursuit of Positive Press
We've lost Williams
John Dvorak Understood That "MSM" Was a Vehicle of Censorship
Independent publishing, which obviates the need to censor (influenced by existing advertisers or lookout for prospective advertisers), is the only credibly thing out there
To Understand Why Linus Torvalds Became a Boot-Licking Booster of Slop Look at Another Operative of 'Linux' Foundation, the "Mentor" of Clickfraud SPAMnil (According to SPAMnil Himself)
it seems like SJVN does not give a full disclosure
Blaming "Computers" Instead of Blaming Microsoft
Blaming Microsoft is "hate"
"Online We Are All Refugees" and Slop Pushers Are the Oppressors
They basically resort to nationalism and racism to distract from their commercial failure and fraud (pyramid scheme)
PIP Apocalypse (PIPocalypse) at IBM, CEO Promotes Vapouware (Lying to Shareholders)
Companies get to shrink while lying about it to the public, even to shareholders
GNU/Linux Soaring in Antigua And Barbuda
GNU/Linux is internationally approaching 8%
Calling Out the Worst Culprits in "Linux" Slop (Slopfarms That Manipulate Information and Engage in Plagiarism)
Once they're gone (offline), the slopfarms cannot carry on for much longer
Defying Discrimination
Rianne's birthday is exactly a month away
Dan Williams Represented Real Diversity in Linux
Williams probably understood based on personal experience what it was like to be marginalised and discriminated against
The First Point About Software Freedom is, You Must Understand What It Really Means (Not "Open Source")
Forty Three Years of Commitment to Software Freedom [...] Educating people about what Software Freedom actually means
Gemini Links 24/07/2026: Recovering From Broken Shoulders, Loss of Passion, and "True Hacker Versus Growth Hacker"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 23, 2026
IRC logs for Thursday, July 23, 2026
Gemini Links 23/07/2026: Databases, TLGS, and RSS Feeds
Links for the day
Links 23/07/2026: Science, Censorship, and Territorial Overreach by China
Links for the day
The State of Google Security: Blocking competition
GMail is the best!
What Happens When Windows Becomes as 'Niche' as GNU/Linux on Desktops and Laptops
Android enjoys a near-monopoly and GNU/Linux isn't far behind Windows.
IBM Cash "Down $6.3 Billion From Year-end 2025." Total Debt/Equity 188.97%. (Debt Can Exceed the Company's Real Value)
the CEO alone can make well over $0.7 billion in 5 years of salaries and bonuses
Wave of PIPs Allegedly Coming to Microsoft, Managers Trained to Terminate Employees Without Paying Severance (and Without Calling it Layoffs)
They count and cut the losses
This Looks Like the End of XBox, the Console
Sharma has become the "fall man" of Microsoft
European Patent Office (EPO) Series: A Consummate Master of the "Rigged Game"
"single-candidate shortlist"
Attempts to Change Focus and Change the Subject as IBM Shares Dwindle. Buying Revenue to Mask the Rapid Decline One More Time.
IBM used to be good at engineering, not financial engineering
Down 848% Year-on-year, Negative Cash Flow, Growing Debt (Richest Man on the Planet or Shrewd Scammer?)
The latest for Tesla is more of the same
IBM Falls Below $200, Expect $199 or Less Today (Panic Threshold)
Will this be enough to topple the managers?
Gemini Links 23/07/2026: SharePoint Rants and “Junk DNA” in Commented-Out Code
Links for the day
Links 23/07/2026: RIP John C. Dvorak, Organisation Weaponised Against J.K. Rowling
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 22, 2026
IRC logs for Wednesday, July 22, 2026
Freexian & Debian: antitrust, unfair competition against joint authors and volunteers
Reprinted with permission from Daniel Pocock