EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS


Microsoft’s Attack on Software Freedom With Software Patents (and the Significance of the Bilski Case)

Posted in GNU/Linux, Google, Microsoft, Patents at 7:53 pm by Dr. Roy Schestowitz

Pieter Hintjens

Summary: New analysis of patents relating to software, assorted items from the news, and interpretation of those items

A new volume of the International Free and Open Source Software Law Review has just been released [PDF]. Towards the end, this latest issue contains an article from Pieter Hintjens, who speaks about Microsoft’s OOXML corruption and “For monopolists like Microsoft,” quotes the president of the FFII, “the answer is to prevent the software from being free, this requires software patents.”

Companies like Tuxera help Microsoft achieve this goal even in Europe (Tuxera is based on Finland) and the 451 Group mentioned this company a few days ago:

While it has drawn some controversy for its IP deal with Microsoft, Tuxera says this allows it to benefit from the ability to offer support, integration and licensing for both NTFS and exFAT filesystems.

Tuxera receives money as long as it also allows Microsoft to make money from Android and from Linux. What’s not to like? Both Tuxera and Microsoft enjoy this, at the expense of software freedom. Microsoft uses Tuxera as a bridge with which to impose software patents on Linux (including branches/derivatives).

Here is a new press release which remarks on the difficulty of obtaining “business method software patents” (they are lumped together as though they are one).

The fundamental business methods and processes unique to N-Play(R) led the U.S. Patent and Trademark Office to recently issue U.S. Patent #7,664,682. Business method software patents are considered a rarity and are the most difficult patents to obtain through the USPTO with less than 17% being approved.

Well, it’s obviously not hard enough because none at all should be accepted, especially after the Bilski case (assuming the decision stands when it’s released [1, 2, 3, 4, 5]). If business method patents and software patents are seen as equatable, then both can probably be abolished post-Bilski. Neither refers to an actual product which is physical. Besides, as this new article puts it:

The US Patent Office has been flooded with software patents ever since.

85% of Microsoft’s patent filings are said to be for software patents (monopolies on algorithms).

It has become utterly trivial to patent just about anything and one person has just put it like this:

Since anything (however stupid it might be) can be patented, I am gonna patent the following:

Title: SYSTEM and METHOD for TROLL CONTROL in open-source projects mailing lists, via Contribution-Points based eMail Limits

Speaking of trolls, Thomas Edison has some voice recordings of his salvaged. It’s more of an historical thing, not much of professional value. Edison was part of the problem we now know as the USPTO; his characterisation as an inventor is often challenged as it neglects to mention how he took people’s existing ideas, modified these mildly and then claimed/earned a monopoly on them. Edison is said to have been a businessman and a patent (monopoly) opportunist, just like Bill Gates in a sense.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one


  1. twitter said,

    June 19, 2010 at 10:20 pm


    We should never confuse Edison’s patents with software patents which monopolize general concepts. Edison’s patents document specific, useful inventions which are the results of endless careful experiments with physical objects. Software patents attempt to “own an idea” such as a method of organizing files by alphabetical order. Software patents are always methods or math, which are a part of nature that can be discovered but are never an invention which is the combination of specific natural phenomena to produce something useful.

    Dr. Roy Schestowitz Reply:

    The question is, was he a documentor?

    Jose_X Reply:

    Though I am much in favor of significant patent reform across the board (eg, towards shorter durations, enforcement in limited sized regions, and against only significantly larger competitors), allow me to help give an example of how software patents make so little sense period.

    I can simply turn on some inspirational music, hum to myself, and then write an idea about a great software feature or application.

    That was the easy part, much like coming up with the ideas for a novel. Today, this is patentable (in the case of software, but not yet for fiction despite a push in that direction by monopoly lovers).

    The significantly harder (in most cases) and much less fun part is in writing up that great novel or application that audiences will really like and find useful.

    Further, I can think of almost any feature, and eventually it can get implemented, if crudely (as might be the case if I had been given a monopoly lock on the feature). Same applies to a novel. I can think of almost any storyline, and it can get written (eg, poorly, if *I* were the one to get the monopoly).

    In contrast, I can’t come up with just any idea and have it become a workable physical solution because, unlike when we create virtual realities with software or with novels, physical products require adherence to many physical restraints. You can’t will your imagination into reality as you can with software and with fiction.

    All software, like math and fiction, is a creation of idealized rules in the mind. In each of these three cases, there is skill and art involved and rules of logic that must be met, but the hurdles of the physical world do not come into play except tangentially.

    Patents on the broad ideas (not impacted by costly physical experimentation, manufacture, distribution, etc) is not just a little stifling, but potentially very very stifling.

    Dr. Roy Schestowitz Reply:

    Allegories and novels are an interesting example because there too some people want patents. Can you imagine how a prior art search would work and what it would do to the process of writing?

  2. Jose_X said,

    June 20, 2010 at 1:43 am


    A reference link: http://www.techdirt.com/articles/20071227/010830.shtml “Once Again: The Great Inventors Often Were Neither Great, Nor Inventors”

What Else is New

  1. No Promising Future For the EPO Under Battistelli (If Any Future At All)

    Pessimism becomes realism at the European Patent Office as units are being torn apart, patent quality discarded, "unified" patent courts dreamed of (more patent lawsuits, higher damages), and EUIPO (EU-associated, unlike Eponia) gets closer to the EPO

  2. Leaked Minutes From the EPO Reveal That Battistelli is Detached From Reality and Blames Everything on “Union Officials”

    Minutes of the Administrative Council's meeting reveal some truly bizarre rants from Battistelli, who simply refuses to accept that the European Patent Office is burning (without a future direction, only burnout and brain drain) under his poor and abusive leadership

  3. Tata/TCS is Still Pushing for Software Patents in India

    The obnoxious company that is promoting Microsoft and software patents in a country that needs neither makes the headlines again (Financial Express)

  4. Links 25/10/2016: Rackspace's Praise of FOSS, Chain Chooses the GPL(v3)

    Links for the day

  5. Links 24/10/2016: Linux 4.9 RC2

    Links for the day

  6. Battistelli Plans to Expand the Social [sic] 'Study' (Then 'Conference') Propaganda Until Next Month, Under the 'Workshop' Umbrella

    Milking his shameless propaganda (paid-for 'studies'), Battistelli wants to rewrite the record by all means possible, then pretend that EPO staff participates in it

  7. EPO and EUIPO Join Hands to Release Propaganda (for European Media to Parrot) Some Time Tomorrow

    EPO and EUIPO in collaboration for the promotion of the notion that they are both necessary (and reinforced speculations about growing overlap between them)

  8. UPC Preparatory Committee Puts the Brakes on UPC Amid Brexit and Growing Uncertainty

    The Unified Patent Court (UPC) preparatory committee recognises that the UPC isn't going anywhere (any time soon) and false job advertisements -- or advertisements for jobs that will never exist -- are withdrawn

  9. Updates Regarding EPO and BoAC: Unrest and Injustice Carry on

    Some of the latest information which is publicly and privately available to us, in particular regarding the case of a suspended judge which represents unprecedented erosion of the appeal boards' independence (and hence lack of justice in the Organisation)

  10. EPO and the “Iberian Connection”: Patricia García-Escudero Márquez - Battistelli's Pet Chinchilla on the Boards of Appeal Committee?

    Why the Boards of Appeal Committee has begun showing prominent signs that it is anything but independent and capable of standing up to Battistelli (or his circle at the Office, which includes the “Iberian Connection")

  11. Links 23/10/2016: Alcatel's New Android Smartphones, Another Honorary Doctorate for Stallman

    Links for the day

  12. Open Letter Exposing the Farce Which Was Battistelli's 'Social Conference' Coinciding With Further (New) Attacks on EPO Staff Representatives

    A detailed letter reveals legitimate concerns expressed by staff representatives at the EPO ahead of the so-called Social Conference, in which we have highlighted severe factual flaws

  13. Translation of Latest Rant From French MP Philip Cordery About Benoît Battistelli's Abuses at the EPO

    Philip Cordery crosses horns with Benoît Battistelli, who has become a source of embarrassment for France with his autocratic tendencies and misguided policies that rapidly ruin the European Patent Office (EPO)

  14. Battistelli-Commissioned PwC ‘Study’: Leaked Document Shows PwC's Dishonesty and Misrepresentation of EPO Staff

    An in-depth analysis (but not comprehensive, just preliminary) of the so-called 'study' from PwC, which basically did what it was paid for (pay to say)

  15. Links 22/10/2016: Deus Ex for GNU/Linux, Global DDoS (DNS)

    Links for the day

  16. Battistelli-Commissioned PwC ‘Study’: Survey Comparison Shows Serious Deterioration and Efforts by PwC to Disguise the Truth

    The latest output from PwC turns out to be even worse than initially thought, indicating that not only did it find a degradation in the EPO but also attempted to hide/obscure it

  17. EPO Teaser - The "Iberian Connection" - Some Photos of García-Escudero and His Royal/Government Connections

    A look at the undeniably close connections between Mr. García-Escudero and the most powerful people in Spain

  18. Disruption to Site's Service

    A technical note about why Techrights has not been publishing many articles recently

  19. Links 21/10/2016: MPV 0.21, Mad Max for GNU/Linux

    Links for the day

  20. EPO Caricature: Battistelli's High Five

    Another cartoon about the sad state of the EPO

  21. Battistelli Ruins Not Only the EPO But Also the Whole of Europe By Ushering in Software Patents That Patent Trolls Love So Much

    Battistelli's bad leadership at the EPO threatens to bring to Europe all the ills and menaces of the patent system in the United States

  22. EPO Spokesman Lies to IP Watch in Order to Save Face and Save the King (Battistelli)

    Rewriting history (revisionism) regarding Battistelli and what was demanded amidst abusive behaviour from him

  23. Unitary Patent (UPC) is Dead, But 'Managing IP' and Selfish Patent Law Firms Still Try to Resurrect It

    The latest attempts to shore up the Unitary (or Unified) Patent Court and who's behind it other than the usual suspects

  24. Links 20/10/2016: Linux 4.10 Preview, ONF and ON.Labs to Merge

    Links for the day

  25. Battistelli-Commissioned PwC 'Study': The Raw Outcome Shows Distortion of the Facts at the EPO's Notorious 'Social Conference'

    Results of the Staff Survey carried out by PwC, in order to provide some propaganda for Battistelli's expensive Social Conference

  26. Addendum: EPO's Alberto Casado Cerviño, WIPO's Francis Gurry, and EUIPO's Archambeau

    Photos taken as part of an IP event which took place in Riga (Latvia) in March 2015

  27. Worrisome Connections Between EPO VP2 Alberto Casado Cerviño and Patricia García-Escudero Márquez

    Exploring the potential conflicts of interests implicating the EPO's Boards of Appeal Committee

  28. Site's Infrastructure Under Attack and Upgrades Ahead of Major New Publications

    Protections for the Web site have been improved and capacity increased in order to avoid or at least prepare for another week of abusive/spam traffic

  29. Team Battistelli's Conspiracy Theory: SUEPO is Behind Everything, EPO Management is Trying to Tell the Media

    Attempts to blame SUEPO, the staff union of the EPO, even though SUEPO has nothing to do with articles that are critical of the EPO while many thousands of EPO employees are disgruntled

  30. Links 19/10/2016: Canonical Livepatch Service, Plasma Plans

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time


Recent Posts