Bonum Certa Men Certa

Microsoft Sued for Patent Violations and Monday Seems Likely to End Stupid Patents

John Paul Stevens, SCOTUS photo - portrait
John Paul Stevens, SCOTUS

Summary: Salesforce sues Microsoft in exchange for Microsoft's frivolous lawsuit; The Patently-O crowd says that Justice John Paul Stevens, whose track record is hostile towards software patents, is the one writing the Bilski decision for SCOTUS (Supreme Court of the United States)

Microsoft, which struggles online where it loses almost $3 billion per year, sues those who succeed online. Microsoft decided to attack Salesforce using software patents [1, 2, 3, 4], only to be sued in return.



Salesforce.com Inc. filed a patent- infringement lawsuit today against Microsoft Corp., escalating a fight between the two companies over the growing market for cloud-computing software.


Salesforce enlists David Boies (from the famous Microsoft antitrust case) to show that racketeering [1, 2, 3, 4, 5, 6, 7] won't work. This was promptly covered in:



"Software patent wars are crazy," remarked one of our readers about it, "but only the lawyers like them. Well maybe Judges as well, as Judges were lawyers first before becoming Judges."

Speaking of judges, Justice John Paul Stevens is believed to be writing the SCOTUS Bilski decision just before his retirement [1, 2, 3].

"Widespread agreement that Justice Stevens is writing the Court’s opinion in Bilski," writes the president of the FFII regarding this new post from Patently-O:

It remains a puzzle why the petitioners in this case are persisting in an appeal that seems not only doomed but also capable of establishing new and unpredictable restrictions to the scope of patentable subject matter. I had previously thought that “irrational exuberance” provided the best answer—that the Bilski petitioners were likely to remain unrealistically optimistic about their chances for success right up to the end. But the presence of a multibillion-dollar corporation controlling the litigation decreases the chances that the strategy is due to simple inventor over-optimism. Perhaps the entity controlling the petitioners’ side of the case is really quite wily, for there would be no cause to “fold ’em,” if the petitioners’ side would view thorough defeat as victory. That would explain much.


"Patently-O afraid of Justice Stevens," says Florian Müller, who tells us that the above is "the best and most encouraging article on Bilski I've seen to date." Robert Pogson writes about the subject as well:

One of the side-effects of waiting breathlessly for Bilski at SCOTUS is seeing other things that the supremes decide.

A recent opinion slaps down rulings made by lower courts over decades that US securities fraud laws applied globally. There is so much assumption in the culture of the USA that the world should do things the way they do them: film, politics, copyright, software patents…


Müller's take on the OIN withstanding [1, 2, 3], if software patent are annulled in the United States and later throughout the rest of the world (it's possible, as traditional slavery too has become extinct), then the OIN becomes utterly redundant and can then be dismantled. For now, however, it continues to grow under the assumption that software patents hold water in the United States.

Our prediction is that the Bilski decision will stand after the assessment by SCOTUS; then, lawyers will try to interpret it as though it makes little difference, even when it successfully kills a few software patents. Monday may be a legal turning point for GNU/Linux and software freedom (whether one cares about the field of law or not). We will try to make an HTML version of the ruling as soon as it comes out (as we did the last time).

Recent Techrights' Posts

Not a Security Expert If You Cannot Manage to Keep Online a Simple Two-User Mastodon Instance Somebody Else Built
From uptime of ~99% to maybe 80%
Microsoft Has All the Symptoms of a Dying Company (Mass Layoffs of the People Who Built the Company)
the company's debt is going through the ceiling
For Effective 'Finlandisation' (Not Digital Sovereignty) to Be Replaced by Autonomy Finland Needs to Think Like GNU (Software Freedom), Not Linux (Openwashing Source, Plus LLM Slop and Killswitches)
What is 'Finlandisation'?
IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
 
LLM Slop is Not Reliable, Constitutes No Process of 'Thinking'; There's No Thought Process at All, No Grasp or Understanding, Let Alone Context
Lies have become the "business model" [...] More people ought to talk about it and explain to other people what LLMs really are
Focus is Important, Focus is Everything
We are still running 6 multi-part series in tandem
Guest Post on False Marketing and PR Blitzes by Anthropic
A lot of people my age are just tired of the nonsense
Links 15/05/2026: UK antitrust regulator is officially investigating Microsoft Office, Anthropic’s Fraudulent Lies About Mythoslop Don't Withstand Scrutiny
Links for the day
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026
Links 13/05/2026: Sudan War Enters Fourth Year and Strait of Hormuz Leaves Safe Passage a Gamble
Links for the day
Gemini Links 13/05/2026: Useless Protests and Foofaraw on Geminispace
Links for the day
Mainstream Media: Microsoft Says No Layoffs. Microsoft: OK, There Are Layoffs.
Where is Waggener Edstrom/Frank Shaw now?
IBM's Kyndryl Down Almost 20% in 5 Days, IBM Down 35% in About 6 Months, Further 'Staff Reductions' at Red Hat (Problems Paying Salaries!)
Will this year's festivities be Krishna's last?
More Mass Layoffs at Microsoft, Only Weeks After the "Buyout" Nonsense (Glorified Severance to Highest-Paid American Staff)
Next up it is LinkedIn
IBM is in a Freefall, When Will IBM's CEO Fall on His Sword?
Since he controls the Board, is anyone in a position to fire him?
At GitLab, "AI" is "All India"
It says "as much as 30%," but they also hire and it's clear what demography is targeted
Verified Accounts of Microsoft Offering 'Retirement' (Layoffs) to People in Their 40s, Over Two Decades Earlier Than Retirement Age
It's not even about performance, it's about age (or "cost" as well as location; they cheapen the labour)
Links 13/05/2026: Slop Turns Into 2008-Style Subprime Bubble, Mass Layoffs at Starbucks
Links for the day
They Don't Like the Layoffs, So They Are Rebranding Them
Layoffs are layoffs
IBM Downgraded as the Shares Sink to New Lows
The current strategy of IBM is financial engineering, wage reductions, and mass layoffs that the corporate media refuses to even write about
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 12, 2026
IRC logs for Tuesday, May 12, 2026
Gemini Links 13/05/2026: TUIs and Internet Radio
Links for the day
How the European Patent Office Became a Crime and Corruption Hub, One of Europe's Biggest
incomplete outline