Bonum Certa Men Certa

Why Microsoft Still Loves Software Patents

Love coffee



Summary: Some of the latest developments in an unnecessary dimension of patents and how they help show that Microsoft needs software patents

EVERY NOW AND then we find an odd suggestion that Microsoft dislikes software patents due to cases like i4i vs Microsoft. It is immensely valuable for Microsoft to give such an impression -- basically lobbying for particular laws that bring enormous benefits to itself while the public believes the opposite (and thus does not resent Microsoft). Tax law is another example of that and it relies on the whole "job creation" nonsense (phrases which people love to hear without questioning them, e.g. "patents help increase innovation").



Microsoft has already produced some very large patent trolls, including Traul [sic] Allen (the recently-emergent example). A columnist at Mercury News considers it to be proof that the USPTO is broken.

If Microsoft co-founder Paul Allen accomplishes nothing else with his wide-ranging lawsuit claiming that almost every major Internet company has stolen his firm's ideas, at least we can give him credit for reminding us of the troublesome flaws in the U.S. patent system.


Dave Methvin says that Microsoft wins in the Java patents hell storm, which may end without much disruption because the Oracle vs Google case lacks tying to a particular machine. As Wayne puts it:

Another question involves the ‘specific machine’ issue. Pamela Jones wrote about this, and it could be very important. When I read the patents I didn’t see any tie them to a specific machine. The issue surrounds the constantly shifting U.S. Patent rules, which change every time a major patent court case happens. If it is deemed that a patent must be tied to a specific machine, then the patents are invalid, and Oracle looses.

Even if the patents don’t have to be tied to a specific machine, there is a good chance that they will fail, due to the subject matter being predated by something else, or by being ruled obvious, in which case Oracle loses. I’ve read the patents, and the things that they are talking about were implemented at least fifteen to twenty years previously in Unix.


We recently explained how and why Microsoft already makes money from Android [1, 2]. It's due to software patents, or at least an empty allegation relating to them. "Well, well," wrote Groklaw, "And here we were wondering why all of a sudden everyone seems to be suing Android. Microsoft would like you to know that they indemnify, and that the Android lawsuits are costly. That is very like what Microsoft said when SCO sued IBM, after Microsoft paid SCO millions, that they would indemnify and that Linux would be plagued by litigation for years."

“Microsoft would like you to know that they indemnify, and that the Android lawsuits are costly.”
      --Pamela Jones, Groklaw
It is true that Microsoft has many software patents, but lots of them are absolutely worthless. As an example we gave the shutdown patent, which has been covered here at least 3 times already [1, 2, 3]. It is still being covered in some Web sites because it helps show lack of ingenuity that passes the USPTO's tests and the poor quality Microsoft aims for. "This is odd," Groklaw wrote. "Maybe I'm missing something, but Microsoft has gotten a patent on a "scheme" to shut down an operating system. The claims seem to say that it's about when you want to shut down, but you forgot you have unsaved work, so in Windows or a Mac, you get prompted to save it if you want. The patent is a system that saves it for you automatically. The patent says, "The following aspects will focus on a Windows based operating system. It will be understood, however, that aspects of the invention will apply similarly to other operating systems including, but not limited to, Mac and Linux based operating systems.

"But Linux has always done this. It's one of my favorite things about Linux, that if you want to shut down, or even do it by mistake, it saves everything for you. I just wanted to mention it, because if some legal gnome at Microsoft has a "scheme" in mind for this patent, as in $$$ from Linux, this is just to point out that the supremely clueless USPTO just gave Microsoft a patent on something with tons of prior art, unless there is some detail I'm missing."

In addition to "ActiveSync tax" in Android, Microsoft is also said to be in the position of 'owning' simple ideas with digital/physical metaphors such as mail priority (trivial ideas turned digital). "Microsoft had a 'priority email inbox' way before Google, and has patents to prove it," says this one report that's echoed elsewhere. Well, another little report has the headline "The New Xbox 360 Controller Is Really About Patents [Microsoft Introduces A New Xbox 360 Controller With A New D-Pad That Scoots Around Nintendo Patents]".

As the Edison story keeps spreading further (now coming to Wired), it is easy to foresee an analogy between Edison's attitude and Microsoft's. They both merely exploit the system and take credit for other people's idea.

Since Microsoft sells many software licences, software patents are crucial to its survival, especially in an age when it can no longer sell much of its own software. To Microsoft's future software patents are needed and without such patents, software will be freer. Microsoft can't afford letting software be free (not the same as "open").

"There's free software [gratis, dumpware] and then there’s open source... there is this thing called the GPL, which we disagree with."

--Bill Gates, April 2008

Recent Techrights' Posts

Nobody is Safe at IBM (or Red Hat)
There is no job security at IBM
Bad faith: Hugo Roy knew FSFE impersonating FSF before French tribunal, colleagues deceived
Reprinted with permission from Daniel Pocock
 
Links 03/03/2026: "Scam Altman in Damage Control" and Oil Traffic Disrupted
Links for the day
Gemini Links 03/03/2026: Phones, LLMs, and Changes on the Web
Links for the day
Richard Stallman Confirms Talk in Bern Next Week
Dr. Stallman has just formally confirmed his third talk this month in Switzerland
GNU/Linux at All-Time High in Guam
there are many computers in that island
Microsofters' SLAPP Censorship - Part 1 Out of 200: Claim No. KB-2024-001270 in a Nutshell
abuse of process by a law firm working for an American who was arrested for strangling women and another American whose own spouse calls a "rapist"
When EPO Team Managers (TMs) Are Harassing People Who Strictly Apply the European Patent Convention (EPC) in Patent Examination
There are two strikes planned for this month
Confirmed: Using Slop Gets You Fired
Let the story of Benj Edwards be a cautionary tale
Links 03/03/2026: "No one wants to read your AI slop" and "chatbots in the kill chain"
Links for the day
EPO and "Equivalent to More Than 100 Days of Strike"
The industrial actions continue and already have a positive effect
Streisand Effect, the Microsoft Way
Microsoft has once again proven the Streisand Effect
Keeping Track of IBM Layoffs in March 2026
IBM depends on bribery
GNU/Linux Measured at 7% in Yemen
Windows is too hostile and dangerous
Links 03/03/2026: Security Breaches, Iceland Wants EU Membership, and "Wall Street–Backed Lawmakers Want to Help Banks Gouge You"
Links for the day
Queensland Health Payroll System: IBM billion-dollar-blowout inquiry
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 02, 2026
IRC logs for Monday, March 02, 2026
Gemini Links 03/03/2026: GrapheneOS and Keyboard Shortcuts
Links for the day
Tomorrow should be sunny (at long last!) and a generally productive dayProductive Week Ahead
Tomorrow should be sunny (at long last!) and a generally productive day
Only One Slopfarm Seems to Have Targeted "Linux" Today
It certainly does feel like the slop hype is reaching the "late life crisis" and companies that benefited from this bubble are overdue for a day of reckoning
Microsoft Mass Layoffs: Being Sacked at 1AM in the Morning
Watch what happens to Microsoft employees who get pregnant
Links 02/03/2026: More Social Control Media Bans, Climate Change Woes, and "Journalist With Germany's Deutsche Welle Arrested in Turkey"
Links for the day
Gemini Links 02/03/2026: Small Phones, "I 3D Printed My Brain", and "Managing 5 Servers at Once with tmux"
Links for the day
IBM is Trying to Hide Mass Layoffs, Not Only With NDAs and 'Scripted' LinkedIn Posts
From what we can gather (screenshot above), today many people leave IBM and Red Hat
Richard Stallman is Giving a Public Talk This Week (Friday in Lucerne School of Computer Science and Information Technology)
His birthday is just around the corner.
Windows Falls to New Low in World's Largest Population (India)
Windows is now down to 7%
Never Miss a Good Opportunity to Shut Up and Drink Coffee
Threats come at a cost; each time you issue a threat you stigmatise yourself as a bully
Last Month Matthew Garrett Said Ridiculous Things After His Spouse Had Called Him a "Rapist", Now He's Trying to Take the Site Offline and Put My Family in Prison
The real issue of concern to him (and his alleged reputation) is the spouse and the matter is to be dealt with in America, not the UK
Machine-Generated Legal Documents, Over 2,000 Pages Sent to Us Today Alone
We now know that the papers we receive are produced using bots (algorithms)
Reporting to Our Politicians/MPs the Failure of the SRA to Stop Hired Guns Who Help Americans (Men Who Attack Women and Nowadays Also Attack British Reporters)
About a month ago my wife wrote to politicians to get the ball rolling
The Topic Many People Don't Want to Talk or Write About
"DEI" is inherently about making racial and gender patterns better reflect society's
XBox is Virtually Dead Already, What Next Will Die at Microsoft?
Now that there are mass layoffs at Microsoft datacentres it is not premature to speculate about what dies after XBox
For the First Time, statCounter Measures Internet Explorer at 0.01% "Market Share"
What Microsoft replaced it with is just a Chrome clone with extra spyware
Was a Lot of "Windows" and "Unknown" in Iran Just GNU/Linux in Disguise?
more than 1 in 10 desktop/laptop requests is estimated to be GNU/Linux
"Here in the UK, GNU/Linux rose to all-time high at Windows' expense"
Will this entail Software Freedom as well? This depends on all of us
Links 02/03/2026: Claude Code Causes a Mexican Government Cyberattack, "London Repair Week" Noted
Links for the day
2026 Microsoft Mass Layoffs in So-called 'AI' Datacentres, Why Doesn't the Mainstream Media Cover The News?
What does this tell us about the state of the media?
Don't Fall for "Top X Law Firms" in "Discipline Y", They Pay $Z to Get False Endorsement/s
It's a scheme, a scam, an elaborate fraud
More Publishers Have Turned From Slop Boosters Into Slop Sceptics and Critics
There's a "hidden cost" when one participates (for profit) in "pump and dump" schemes
TeX Live Has New Release, But Planet Debian Won't Tell You That
It 'unpersoned' the developer
LLM Slop Does Not Know People (It Knows Nothing) and Cannot Distinguish Between People. It's a Recipe for Disaster.
no way of knowing who's who
"Over 1,100 Law Firms Gone in Five Years" in the United Kingdom (UK) Alone
There are basically way too many lawyers (looking for "business", e.g. threats and lawfare) and not enough positions to fill
Microsoft FUD From Microsoft Site Helps Distract From Actual Microsoft Back Doors
Published on a Sunday
Free Software Foundation Needs to Become More Active in Europe to Avoid Impersonation by Microsoft-Sponsored Groups
So far we've hardly seen the FSF saying anything at all about the US president
Links 02/03/2026: "Not Envious of Billionaires" and Palantir SLAPPs "Swiss Magazine For Accurately Reporting That The Swiss Government Didn't Want Palantir"
Links for the day
There Has Never Been a Better Time to Quit Social Control Media
Those networks are selling something. And that something is not peace because peace does not sell "attention".
Microsoft Users Drowning in Slop, If They Complain Microsoft Censors Them
Like an authoritarian regime
IBM is Killing Red Hat's Portfolio - Including Linux - to Prop Up Ponzi Scheme ("AI")
IBM is killing Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 01, 2026
IRC logs for Sunday, March 01, 2026
Speed of Sites Matters
Being easily accessible all the time matters to us
Gemini Links 02/03/2026: Weird Phone Calls, Small Phones, and Exploring Racket
Links for the day
Dr. Andy Farnell on "Good Tech"
in the age of "rent everything" and "own nothing"
Gemini Links 01/03/2026: Simpler Software and Announcing OFFLFIRSOCH (OFFLine-FIRst SOftware CHallenge) 2026
Links for the day
EPO "Cocaine Communication Manager" - Part V - Jobs at the EPO for Those Connected to Cocaine Addicts (Skills Not Required)
EPO management is trying to shoot the messenger
Booz Allen Hamilton, the Former Employer of Edward Snowden (NSA Contractor), is Drowning in Debt
Can Supreme Leader Cheeto bail it out like he does slop companies?
On the Concept of "Protected Class" (or Race) at IBM
It's self-harming as in practice it imperils the company and harms the reputation/brand
The Mass Layoffs at Microsoft That Nobody in the "News Industry" Wants to Talk About (and TheLayoff.com Censored, Then It Censored the Evidence of the Censorship)
They basically cover up how they censored the news about Microsoft layoffs
Richard Stallman to Give at Least Three Talks in Switzerland, Starting This Week
No mention (yet) of the Bern talk
On Who 'Speaks for' Techrights
typically a case of misrepresenting the site
'FSFE' an Imposter in Europe, Paid by GAFAM to Represent GAFAM Interests
The Microsoft-sponsored 'FSFE', which violates the terms of use of its name, is causing confusion [...] formally-recognised institutions got tricked into thinking that the Microsoft-sponsored 'FSFE' is the FSF
Lots of Lies From the Slop Industry
The slop industry relies on fake news to give a notion or fake demand
Links 01/03/2026: American Plutocrats Buy American Media While American Constitution Shredded
Links for the day
Teaser: The Next Series About the SRA, Which Would be Just as Effective as It Is Right Now If It Had Zero Employees
the lapdog (of the "litigation industry") that is meant to be perceived as a watchdog
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part I - Introduction
The SRA is a sham. Many people know this already, but we want to document our own experiences with it.
Live Simply, Live Better
Life isn't about "collecting" possessions; it's about doing things that matter and accumulating knowledge so as to make better choices
Now That XBox is Pretty Much Dead and There Are Mass Layoffs at Microsoft
This means our predictions about Microsoft (and XBox) are "falling into place"
Gemini Links 01/03/2026: "In the Spirit of OFFLFIRSOCH" and "Delete Patreon"
Links for the day
ACM Lowers Its Standards for Age of Autocracy
IBM is more than happy to work with autocracies
The term FUD (fear, uncertainty, doubt) was created to describe IBM's tactics and IBM is doing it again
Rob Thomas or "RT"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 28, 2026
IRC logs for Saturday, February 28, 2026