Bonum Certa Men Certa

Patent Aggression Against Linux: Microsoft, Apple, and Nobody Else

Team of two



Summary: A look at some of the latest patent news and an explanation of why Microsoft and Apple (and Microsoft's patent trolls) are by far the biggest problem

Well, we don't write so much about the Bilski case anymore. It's because we have done enough of that and the analyses are quite repetitive in the sense that few raise new points. To give just a small number of noteworthy posts that we missed, Brian Proffitt writes about the impact on software patentability in the US, Brad Feld is upset after spending time and money to abolish software patents in the US, IDG claims that SCOTUS leaves software patentability intact in the US, Datamation has a new cartoon about it, and Mike Masnick says that the IEEE misleads with its damned press release in the US. The headline from The Register reads: "Yes, software can be patented, US Supremes say" (false).



But they didn't say that. They merely avoided addressing the subject.

A few days ago we wrote about the impact of biotech patents and the impact of SCOTUS on them. They are said to have received a "boost". [via Slashdot]

Myriad Genetics Inc., Genomic Health Inc. and the rest of the burgeoning industry for personalized medicine stand to gain from yesterday’s landmark U.S. Supreme Court decision on patenting business methods.

[...]

The decision from the Supreme Court is unlikely to end the debate over diagnostic patents.


A couple of days ago Slashdot showed that Microsoft had patented things that should not be patented.

theodp writes "This week's USPTO patent application disclosures included a trifecta of scary health-related 'inventions' from Microsoft. For starters, Microsoft envisions seeing Kids' Personal Health Records Fed Into Video Games, where they can be used to 'regulate and/or prescribe an individual's behavior while playing electronic games.' Next up is Centralized Healthcare Data Management, which describes how employees' health habits can be 'monitored, tracked or otherwise discovered' so employers can 'incentivize a user for an act or penalize for an omission to act.' Finally, there's Wearing Health on Your Sleeve, which describes a sort of high-tech Scarlet Letter designed to tip off 'doctors, potential dates, etc.' about your unhealthy behavior by converting information — 'number of visits to the gym, workout activities, frequency of workouts, heart rate readings, blood pressure statistics, food consumption, vitamin intake, etc.' — into a visual form so that others can see the data 'on mechanisms such as a mood ring, watch, badge, on a website etc.'"


A few days ago we explained why Likewise is a form of patent taxman for Microsoft. Their new release got some more coverage and a Linux proponent pointed out: "This reminds me of all the alternatives to Exchange currently available on Linux, buy any of those for 10-50 users and you'll discover quickly that buying the MS' original is cheaper."

Basically, clones of Microsoft protocols-reliant products that are sold by former Microsoft employees (e.g. Likewise [1, 2, 3, 4], Centrify [1, 2, 3]) are better off avoided and replaced by protocols that Microsoft does not control or by Samba, which the European Commission gave a special status after antitrust violations by Microsoft. The following new article states:

The Likewise Open core is licensed under Gnu Public License (GPL) version 2 and Lesser GPL version 2.


It's "open core", which is proprietary+marketing spin. It's not GPLv3 and one should not be misled because they mix that with Microsoft's software patents. One should just go with Samba.

When it comes to patents and GNU/Linux, Microsoft is still by far the worst aggressor. Microsoft boosters seem to be taking pride in these patents which Microsoft is stockpiling and using to attack Linux, sometimes via patent trolls [1, 2, 3, 4, 5, 6]. Latest raves from Microsoft bloggers:



Here is some more coverage (not from Microsoft boosters):



This patent won't expire for quite some time.

Microsoft received the patent this week and TechFlash reports that this kind of patent is good for 14 years, so Microsoft has until 2024 to do something with this design.


Some dual-display tablets run Android or GNU/Linux.

Given that .NET is allegedly a patent violation, Microsoft would not be smart to go around suing people/companies, but that's just what is does, most recently against Salesforce. Here again is the mentioning of .NET patent violation:

The world’s biggest maker of Web-based software, Salesforce.com, has not specified what damages it is seeking, but claims that Microsoft is infringing five Salesforce patents in programs, including in the Windows Server operating system and the widely used .Net platform.


Based on other reports as well as previous posts of ours [1, 2], Salesforce is equipped with David Boies, the "Microsoft Nemesis".

Is Microsoft playing with fire? It sure alienates many people, except Monty and Müller on the face of it. The former is paid by Microsoft and the latter is just keeping his head deep in the sand (insisting that IBM is the bigger threat). Earlier today he also mentioned Apple, which is a patent violator (risking bans) that had the nerve to sue Android (including Linux). Here is a new summary of this case:

In this great hullabaloo of rivals accusing each other of infringement of patents, one is only left confused seeing the who’s who in the arena of smartphones making a claim of the same victimization. A patent is a set of exclusive rights granted by the government to the inventor in exchange for a public disclosure of the invention. The big question is, will this war really see the light of a consensus and settlement?

Earlier this year in March, Apple filed a lawsuit against HTC for infringing 20 of its patents related to the iPhone’s user interface, underlying architecture and hardware. The lawsuit was filed with the U.S. International Trade Commission(ITC) and concurrently in the US District Court in Delaware. Very truly it’s said that “competition is healthy, but the rivals should try and yearn to develop their own technology and not steal the existing”. This lawsuit; it’s said, is the next high profile litigation in the mobile phone business after Nokia and Apple attacking each other in past few months.


Apple's hypePhone is having some trouble right now. Apple cannot quite compete without suing competitors, apparently. As one new essay puts it:

Ideas Are a Commodity, It's Execution Intelligence That Matters



First of all, ideas are commodities. Look at any industry, any product or service offering, and what you really see is improvement on the existing standard versus uniqueness in the offering. These improvements can be continuous or disruptive, but in either category, to the customer they are nothing more than incremental improvement around the financial return, usability, quality, or experience of your competitor. This explains why management teams are so important; if new offerings are commodities it’s execution by the management team – what I like to call execution intelligence – that makes the difference in the market.


Apple also contributes towards MPEG-LA's war on free/libre video. For background, see:



Here is a new article on the subject:

Video Prison: Why Patents Might Threaten Free Online Video



[...]

On June 20, 2009, nearly 150,000 people witnessed the death of 26-year-old Neda Agha-Soltan, but unlike the Iranians who passed her by in the street, they weren't bystanders to the post-election turmoil in Tehran that claimed her life. They were merely the first of over 600,000 who have since viewed a now-symbolic YouTube video that helped propel the opposition political movement forward in the following days of protest. The democratizing power of the Web lies in video like this one--not just because of its content, but because anyone with an Internet connection can contribute to a global dialogue.

But imagine if the person who shot this video had been unable to post it anonymously or if YouTube viewers had to pay to watch it. If online videos were subject to patent licensing fees, users could be charged per-view to capture those fees. Beyond the ethical dilemma profiteering from a tragic death, video licensing could reduce the democratic nature of free and open Internet content to monetizable media. The funny cat videos would be gone forever (perhaps not the greatest loss), but so too would the movement-inspiring Nedas of the future remain unknown.


TechDirt says that Britannica has also gone sour:

It Appears That The Encyclopaedia Britannica Entry On Shaking Down GPS Providers With A Bogus Patent Needs Updating



The Encyclopaedia Britannica has not exactly been having a good decade. In the minds of much of the public (though, certainly not all), the usefulness of Britannica has long been surpassed by Wikipedia. A couple years ago, we gave Britannica's president a chance to explain his views on where Britannica is going, but it still seems like an uphill battle. Among the more ridiculous things that Britannica has tried to do is to also turn itself into a bit of a patent troll. Back in 2007, it sued a bunch of GPS companies for patent infringement. Scratching your head over why Britannica holds patents on GPS technology? The answer is even more convoluted than you can imagine.


Here is another potential aggressor to watch out for. "Patent Calls Inc. buys Dallas competitor for $16M," says this report. There is still a difference between a patent holder and a patent aggressor. Microsoft and Apple are both and they are specifically targeting Linux with their lawsuits. Not many companies do that. In fact, no real companies do that, except Microsoft and Apple (patent trolls like Acacia aside, although Acacia too has Microsoft connections).

Comments

Recent Techrights' Posts

Only a Matter of Time Before IBM Drops to $199 or a Lot Lower Than That
How long can IBM overload empty shells?
Lots of Microsoft Just Loses Money, Not Earning Money
Due to profitability challenges it's hard to believe Microsoft will ever find a buyer for XBox
Touch Grass
Happiness involves what humans have evolved to appreciate, not what humans create to sedate the mind (like skinnerboxes)
The Cyber Show on Technology Having Become a Tool of Mass Psychosis, Not Enablement or Emancipation
Technology as mass psychosis
The Rumour Said That a Second Wave of Microsoft Layoffs Would Come This Week (Ahead of Fake 'Results'), Maybe Tomorrow
Let's wait and see how "MSM" unfold
 
Gemini Links 21/07/2026: Nostalgia, Shogi, and New Gemlog System
Links for the day
Guyana: GNU/Linux Rises to New High, 7%
Guyana is part of the trend
Oman: GNU/Linux Up to 7%
It was 5% last year
The Solution is Never 'Free Hosting' in Proprietary GitHub (Microsoft), the Solution is Self-Hosting
Third parties never care about your projects as much as you (yourself) care about them
From GAFAM's Perspective, Jeremy Bicha Did Nothing Wrong
All is OK as long as he does not criticise monopolists and billionaires
Bluesky Was Such an Utter Failure That After 18 Months Mozilla Goes Hug a Nazi Platform That Produces Child Porn
What compels Mozilla to come back there? The child pornography scandal? The adorable leader?
GNU/Linux at Grenada Measured at 14% This Month
GNU/Linux was stuck at 0% for a long time
In WordPress, Newer is Not Better (Maybe Better Off With No WordPress at All)
To Hell with bloat and feature churn
As Slop Bubble Implodes (Inevitable), the Dishonest, Corrupt, Compromised Media Tries to Blame "China" Again (Like it Did With "DeepSeek" in Past Years)
Here we go again. We've been there before. Same spin, this time not "DeepSeek" though.
Red Hat (IBM) Has Long 'Reassigned' (Bluewashed) Red Hat Staff to Ruin Fedora, Now It Does the Same to GNOME
What next from IBM's Krishna?
Links 21/07/2026: Google Stagnating, Slop 'Apps' Are "Flooding Apple’s App Store"
Links for the day
Gemini Links 21/07/2026: OPNSense Upgrade Problems, Zilog Z80 at 50, and Lessons From Terminator
Links for the day
IBM Lawsuits Over Alleged Fraud Are Piling Up
We'll keep an eye on the lawsuits
Arianna Taite on Odds of Australian (Daniel Pocock) Winning Clacton By-Election
His detractors somehow try to twist or frame him (Pocock) as an impediment to women while the exact opposite is true
This Coming Weekend Marks 4 Years Since We Dumped Content Management Systems (CMSs) in Favour of Static Site Generators (SSGs)
the first page dated July 25
Slop's Latest Casualty: The Credibility of Linus Torvalds
If you care about millionaires and billionaires, follow Torvalds (he is already in that "club")
Techrights Will Become More Productive (More Output) Over Time
Big stories about to land
To Wikipedia, "Notability" is Just an Excuse to Hail People Who Serve Billionaires While Marginalising or Defaming the Rest
Wikipedia is an advertising space
Our Series About Solicitors Regulation Authority (SRA) and SLAPPs Will Resume Soon
Originally, in 2025, we gave ourselves 6 years (until 2031) to cover these issues, but we've seen since extended that to 10 years (until 2036) because of the amount of material we have
European Patent Office (EPO) Series: The EPO Transparency Gap
Despite the "European" tag in the organisation's name, the European Union has no jurisdiction over the European Patent Organisation
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 20, 2026
IRC logs for Monday, July 20, 2026
Links 20/07/2026: Lashes for Songs in Iran, Kurdish Language at Risk
Links for the day
Gemini Links 21/07/2026: The Boss Baby (2017) and 2026 Old Computer Challenge Epilogue
Links for the day
Canonical Staff Acting Like They Aim to Receive Job Offers From Microsoft
There are moreover allegations that Debian will do the same, in the same way Mono boosters infected both distros in tandem or in turn.
Worsening Staff Affairs at Microsoft
Microsoft is managing to piss off many of its own workers
Czech Mate for GNU/Linux on the Way
Czechoslovakia is having none of that "peace for our time" with Microsoft
Nobody Will be Left Who Trusts IBM Anymore
The common theme is, the management must be completely replaced as soon as possible and truth needs to come out
Wall Street is a Bubble and No Company is Worth 5 Trillion Dollars
It's not hard to see which stocks will crash the hardest (or fastest)
The Corrupt Have Historically Tried to Paint Their Exposers as the Real Problem
As usual, there are efforts to shoot or muzzle the messenger
Search Engine Market Share in Italy: Microsoft Falls to Third in Many Countries Including Italy
Expect more layoffs in Bing
Links 20/07/2026: Spotify Drowning in Slop, Expiry of Software Patents in MPEG-4
Links for the day
Gemini Links 20/07/2026: Another Step Towards Owning Personal Data and Gemtext2 Envisioned
Links for the day
European Patent Office (EPO) Series: Public Missions and Private Ambitions
Despite the French government's strong formal pushback, the lobbying momentum generated by Campinos and Negrão proved unstoppable
"DOOM" and "Bloodbath": the State of Microsoft and XBox
Way to piss off fans
Karen Melchior Fought the Good Fight
stay tuned for Part 29
Links 20/07/2026: Notes on E-mail Encryption, Torvalds and His Employer Paid a Lot to Promote Slop (Pyramid Scheme)
Links for the day
What a Difference Six Years Make...
We are also beta-testing a new feature for the site; we plan to announce it some time soon
When It Comes to Slop, Richard Stallman is Opposite of Linus Torvalds
When it comes to computing, Dr. Stallman has long been a voice of reason
Daniel Pocock is in Mainstream Media This Week
Pocock's haters will absolutely hate this
In His Departure Post, Poul-Henning Kamp (phk) Explains Why Linus Torvalds is Full of "Hot Air" and Slop Bubbles
Having lived through previous bubbles as a UNIX geek, phk cannot be ignored
Whistleblowers Keep Flowing
Later today a police investigator should phone us regarding death threats we've received
We Need Less Gadgets, More Humanity
If people are being honest with themselves, many of the gadgets they claim they "cannot live without" are just excesses and distractions they could definitely leave behind
Technology and Gadgets Got Obese, Just Like Their Users
They now sell us so-called 'phones' for slop
Daniel Pocock in The Guardian This Morning
There is an opportunity here to spread a message, even if Pocock won't win a seat
"Samsung Recently Projected a 19-fold Surge in Second-Quarter Operating Profit", Now There Are Mass Layoffs
In a 9-month period Samsung's debt rose by about 80%
Gemini Links 20/07/2026: Dungeon Meshi/Undertale Crossover, "The Hitchhiker’s Guide to the Dark Web and Beyond"
Links for the day
IBM's Control of the Media "Just Showed What Taking Accountability Does Not Look Like"
It is no secret that IBM pays the media
Microsoft Loses XBox Lawsuit, But There Are More
The collapse of studios continues
GNU/Linux Approaching International Average in Djibouti
One can envisage further gains for GNU/Linux, seeing Microsoft is in such a bad shape
Daniel Pocock "[t]he Australian Taking on Nigel Farage — from Down Under"
This can help raise awareness of some issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 19, 2026
IRC logs for Sunday, July 19, 2026
Misleading Coverage in Slashdot Promotes and Openwashes Slop
Piggybacking RMS for the headline seems like a PR stunt of sorts
As Envisioned, a Rebellion and Many Whistleblowers at Microsoft
Whistleblowers ensure Microsoft has totally lost control of the "narrative" (face-saving PR)
Microsoft is a Right-Wing Company
Just remember that when people call Microsoft "woke"
GNU/Linux "Market Share" Rises to About a Quarter in Sudan
Can anyone explain to us why?
Gemini Links 19/07/2026: Visiting Ethiopia, Two Dreams, and Price of Skinnerboxes
Links for the day
Tears in IBM, Company Falls Apart While Management Fakes "Performance" to Take Bonuses
Wall Street is a naked emperor
Telling Our Story
In the coming years we'll have some high-impact stories to share and generally tell without fear of reprisal
Microsoft XBox Studio Leaders Upset at What the New CEO Did
From what we can gather, in 2024 XBox was already entering what's known as a "death spiral". Now it's literally moving down the drain/pipe.
IRC Started in Finland, GNU/Linux Did Not
History is like that
GNU/Linux Rises to 8% in Bhutan, Same as the International Average
Taking note of estimated GNU/Linux share in that country, we see it hovering around the international median/average this month
Links 19/07/2026: "The Voice of Google" and "Chinese Surveillance Tech a Threat to Privacy"
Links for the day
Keep Both Eyes on the Ball
At the moment we have six series running in parallel; two of them concern the EPO
'Journalists' Who Help IBM Cover Up Fraud
Journalistic malpractice
The "Modern Linux" Song
Join us now, make the kernel
XBox Layoffs Vastly Bigger Than Microsoft Told the Press, Microsoft Keeps Trying to Change the Subject
Many so-called "XBox fans" are no more
Microsoft Lost 1,200 Billion Dollars in "Market Value", Take a Look at What Happened to Windows
while Windows continues to fall unstoppably GNU/Linux is surging
Links 19/07/2026: People in China Are Buying Feelings and 404 Media Has Third Anniversary
Links for the day
Gemini Links 19/07/2026: Camping, Health, and Hardware
Links for the day
The State of Slopfarms
Slopfarms or LLM slopfarms are a menace and a problem on the Web
GNU/Linux Rising to 6% in Brunei
seventh in the world for GDP (PPP) per capita
Free Software is Like an 'Activist Movement'
People who argue strongly in favour of something (even very good things) will attract the wrath of those whom they oppose
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 18, 2026
IRC logs for Saturday, July 18, 2026