10.18.10

Gemini version available ♊︎

Microsoft’s and Apple’s #1 Weapon Against Software Freedom (Including Linux) is Software Patent Monopolies

Posted in Apple, Free/Libre Software, GNU/Linux, Law, Microsoft, Patents at 4:10 pm by Dr. Roy Schestowitz

Freedom

Summary: A concise look at what Apple and Microsoft have been doing with software patents recently

RATHER than name companies we could name behaviours or policies that impede GNU/Linux adoption. But companies which attack Linux using software patents are almost exclusively Microsoft, Apple, and Microsoft-tied entities such as Acacia.

SCO too is funded by Microsoft, but its empty allegations were copyright based and they go a long way back. It’s all nonsense and obviously anti-competitive. “Rethinking Intellectual Property” is a recommended upcoming course from Stephan Kinsella. He does make the distinction between patents and copyrights. He also explains why both laws require change. They are tools of abuse.

Here is a new piece titled “Microsoft Keen On Protecting Its Intellectual Property” and some European propaganda about Microsoft “innovation” (often a prelude to patent lobbying). It ought to be clear by now that “Microsoft Is Playing Hardball with Motorola” over Linux as part of its attack on Android. From the beginning of the month we have:

Microsoft Marshals Dealmakers, Lawyers to Take On Android

[...]

On Monday, Microsoft CEO Steve Ballmer said he looks forward to collecting revenue from Android handset makers, including HTC, which has a licensing agreement with Microsoft.

It’s not just Microsoft that’s doing this. Apple too is using these disgusting tactics (patent lawsuits against Linux) and Motorola is now pushing to invalidate Apple patents. From Engadget:

The smartphone intellectual property wars are seriously heating up, as Motorola sided with HTC this week in an effort to cover its own rear. Remember those twenty patents Apple aimed at the Taiwanese OEM? Motorola says they’re no good, and is trying to get them thrown out of court — an important tactic, because if the patents do hold water and are successfully used against HTC, Apple might turn around and sue Motorola with them too. That’s because there’s more at stake here than OEM phones, but Android as a whole, and as such other manufacturers that implement Android might potentially be targets as well.

Remember some of Apple’s outrageous software patents, including the very recent so-called ‘anti-sexting’ patent (text filtering) [1, 2]. “Do you really want to teach kids not to be creative with language,” asked Pamela Jones in Groklaw. “Now they can’t type LOL, unless someone in authority puts it in a dictionary? Think there might be a creative lag? I understand the purpose, but have they thought through all the implications and perhaps unintended consequences?”

“Now they [Apple customers] can’t type LOL, unless someone in authority puts it in a dictionary?”
      –Pamela Jones, Groklaw
Apple and Microsoft are both patenting limitations, i.e. they want a monopoly on attacking people’s freedoms and basic rights. “Game console ‘rejects’ under-age players” says this new article about Microsoft and there are some other weird ideas thrown around at Microsoft, often to be patented sooner or later.

The good news is that Apple and Microsoft may gradually learn their lesson (Apple in Texas and Microsoft in Canada because of i4i for example). TechDirt asks, “Will The Supreme Court Review Patent Invalidation Standard In Microsoft vs. i4i Case?”

“Patent suit targets Apple, Microsoft, others over digital distribution” says this article from Apple Insider, so there is still some smacking going on. There is hope that patent trolling will increase so much that Apple and Microsoft too will decide to just abolish software patents [1, 2, 3, 4]. Check out the article “One Cheer for Patent Trolls”:

As the Stanford paper suggests, in the vast majority of cases the authors studied the asserted patents were in fact junk, at least as determined at trial (judge and jury may have their own biases, of course). The inventors shouldn’t have gotten anything for them, either from the defendants or from the patent troll, because the patent never should have been granted in the first place. Again, the trolls may know better than the study suggests the real value of their holdings, and may be betting that the transaction costs of litigation will encourage defendants to settle anyway.

That bet is a game of chicken, for if the defendant chooses to litigate then both sides must absorb heavy litigation costs no matter who wins—the troll bets that the defendant will simply pay them to go away.

Patent trolls may make most of their money, in other words, from arbitraging the inefficiencies and failings of the current patent system.

“But stupid patents in the first place is the issue, is it not,” Pamela Jones asked rhetorically in Groklaw. “He’s writing about a study that found that only 10% of such patents are found valid at trial. So since only 10% of these patents that trolls use end up valid, and 90% of them are not, what’s the real loss in this picture if no one will buy up these predominantly invalid patents?”

Dave Methvin writes about “Microsoft’s Two Minds on Patents” and in an alleged “Exclusive” article/report, Tom’s Hardware says that “Microsoft Patents The Search Engine”:

Microsoft has received a patent that covers a search engine platform that is based on a “bag-of-words” and “essential pages” ranking system to make searches more efficient.

Well, it does not guarantee that this will stand in court. “Microsoft seeks a patent for its Helios distributed operating system” according to another report and “Microsoft Attempts To Patent The Optimus Keyboard” claims this new report among several which led to a lot of debate because there is prior art and it’s trivial [1, 2, 3, 4, 5]. Are patents all that’s left in Microsoft’s vision?

Fortunately, software patents become increasingly controversial and Patently-O indicates that in the United States too these patents are on rocky grounds:

In Ex parte Venkata, App. No. 2009–007302 (BPAI, October 5, 2010), the Board held that “the claim’s body recites nothing more than software [and therefore] lacks statutory subject matter.”

Software patents are probably the #1 enemy of software freedom. Let’s end them once and for all. Companies that use Free software (IBM, Google, Red Hat, etc.) will take care of the rest because unlike Apple and Microsoft, they do not use software patents offensively. Of course it would be helpful if IBM and Google joined Red Hat’s motions against software patents, too.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 28/1/2022: GStreamer 1.20 RC1 and DXVK-NVAPI 0.5.2

    Links for the day



  2. Microsoft Staff Trying to Subvert the Freedom of Gemini (Without Disclosure of the Paymaster)

    Looking back at the past couple of years, it seems like Microsoft staff and boosters were more than eager to steer developers away from freedom and into Microsoft's cage



  3. Gemini Gone Mainstream: German Media Now in Geminispace

    With the likes of TAZ embracing Geminispace/Gemini Protocol we seem to have reached some sort of inflection point; taz.de did in fact add official presence to Geminispace



  4. Links 28/1/2022: LSFMM 2022 and 2021 UI Study Results From Elementary's Distro

    Links for the day



  5. IRC Proceedings: Thursday, January 27, 2022

    IRC logs for Thursday, January 27, 2022



  6. Links 28/1/2022: GNU Poke 2.0 and OPNsense 22.1 Released

    Links for the day



  7. Links 27/1/2022: Archinstall 2.3.1 and Nix 2.6.0

    Links for the day



  8. On the Internet, Trust Should Not Become Centralised

    “Trust” is a word that lost its meaning in the era of “TPM” and fancier names for 'Palladium'; we need to reject this idea that computers need to check with Microsoft if the operating system is trusted (not just Windows!), check with Gulag/Chrome if a Web site is trusted, and whether it's OK to run some application/s on one's own computer (as if Jim Zemlin et al get to decide what is trusted)



  9. Microsoft-Connected Publishers Suffer and Perish With Microsoft (While Peddling 'Fake News' for Their Beloved Sponsor)

    IDG and other fake news outlets/networks/sites (selling to companies flattering articles about themselves or renting out 'news space' to them, not just ad space) want us to think Microsoft is doing very well, but it's just that same old Ponzi scheme



  10. Links 27/1/2022: Mabox Linux 21.11 Herbolth and PipeWire 0.3.44

    Links for the day



  11. IRC Proceedings: Wednesday, January 26, 2022

    IRC logs for Wednesday, January 26, 2022



  12. [Meme] EPO: Pursuing an Eastern and Western District of Europe (for Patent Trolls and Software Patents)

    With the EPO so flagrantly lying and paying for misinformation maybe we should expect Benoît Battistelli and António Campinos to have delusions of grandeur… such as presiding over the Eastern and Western District of Europe, just like Mr. Gilstrap and Mr. Albright (political appointment by Donald Trump, ushering in “the swamp”)



  13. Gemini at 2,000: 86% of Capsules Use Self-Signed Certificate, Just Like the Techrights Web Site (WWW)

    As shown in the charts above (updated an hour ago), the relative share of ‘Linux’ Foundation (LE/LF; same thing, same office) in the capsules’ certificates has decreased over time; more and more (in terms of proportion) capsules choose to sign their own certificate/s; the concept of ‘fake security’ (centralisation and consolidation) should be rejected universally because it leaves nobody safe except plutocrats



  14. [Meme] UPC: Many Lies as Headlines, Almost Exclusively in Publishers Sponsored by EPO and Team UPC to Produce Fake News (Lobbying Through Misinformation)

    Lest we forget that EPO dictators, like Pinky and the Brainless Benoît Battistelli and António Campinos, have long littered the EPO's official Web site as well as publishers not directly connected to the EPO (but funded by it) with disinformation about the UPC



  15. EPO as the 'Ministry of Truth' of Team UPC and Special Interests

    The 'Ministry of Truth' of the patent world is turning the EPO's Web site into a propaganda mill, a misinformation farm, and a laughing stock with stock photography



  16. Microsoft 'Delighted' by Windows 11 (Vista 11) Usage, Which is Only 1% Three Months After Official Launch and Six Months After Release Online

    Microsoft boosters such as Bogdan Popa and Mark Hachman work overtime on distraction from the failure Vista 11 has been (the share of Windows continues to fall relative to other platforms)



  17. Links 27/1/2022: Preinstalled GNU/Linux (Ubuntu) and Arch Linux-Powered Steam Deck 30 Days Away

    Links for the day



  18. Don't Fall for Microsoft's Spin That Says Everything is Not Secure and Cannot be Secured

    Microsoft keeps promoting the utterly false concept that everything is not secure and there's nothing that can be done about it (hence, might as well stay with Windows, whose insecurity is even intentional)



  19. At Long Last: 2,000 Known Gemini Capsules!

    The corporate media, looking to appease its major sponsors (such as Web/advertising giants), won't tell you that Gemini Protocol is rising very rapidly; its userbase and the tools available for users are rapidly improving while more and more groups, institutions and individuals set up their own capsule (equivalent of a Web site)



  20. Links 26/1/2022: Gamebuntu 1.0, PiGear Nano, and Much More

    Links for the day



  21. IRC Proceedings: Tuesday, January 25, 2022

    IRC logs for Tuesday, January 25, 2022



  22. Links 26/1/2022: No ARM for Nvidia, End of EasyArch, and WordPress 5.9 is Out

    Links for the day



  23. Why the Unified Patent Court (UPC) is Still Just a Fantasy and the UPC's Fake News Mill Merely Discredits the Whole Patent 'Profession'

    Patents and science used to be connected; but now that the patent litigation 'sector' is hijacking patent offices (and even courts in places like Texas) it's trying to shove a Unified Patent Court (UPC) down the EU's throat under the disingenuous cover of "community" or "unity"



  24. Links 25/1/2022: Vulkan 1.3 Released, Kiwi TCMS 11.0, and antiX 19.5

    Links for the day



  25. Gemini Milestones and Growth (Almost 2,000 Known Gemini Servers Now, 39,000 Pages in Ours)

    The diaspora to Gemini Protocol or the transition to alternative 'webs' is underway; a linearly growing curve suggests that inertia/momentum is still there and we reap the benefits of early adoption of Gemini



  26. [Meme] Get Ready for Unified Patent Court (UPC) to be Taken to Court

    The Unified Patent Court (UPC) and Unitary Patent system that’s crafted to empower EPO thugs isn’t legal and isn’t constitutional either; even a thousand fake news 'articles' (deliberate misinformation or disinformation) cannot change the simple facts because CJEU isn’t “trial by media”



  27. The EPO Needs High-Calibre Examiners, Not Politicians Who Pretend to Understand Patents and Science

    Examiners are meant to obstruct fake patents or reject meritless patent applications; why is it that working conditions deteriorate for those who are intellectually equipped to do the job?



  28. Free Software is Greener

    Software Freedom is the only way to properly tackle environmental perils through reuse and recycling; the mainstream media never talks about it because it wants people to "consume" more and more products



  29. Links 25/1/2022: Git 2.35 and New openSUSE Hardware

    Links for the day



  30. IRC Proceedings: Monday, January 24, 2022

    IRC logs for Monday, January 24, 2022


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