Bonum Certa Men Certa

When Self-Proclaimed 'Linux Companies' Turn to Software Patents, Just Like Apple and Microsoft

Hot-cold dial



Summary: An assorted analysis of patent news with emphasis on the proprietary lobby and its impact when it comes to software freedom

NOVELL loves its software patents and believes that more are needed. Here is the latest addition based on Utah's press:

System and method for codifying security concerns into a user interface, patent No. 7,831,840, invented by Robert Love of Cambridge, Mass., and Nat Friedman of Boston, assigned to Novell Inc. of Provo.


Robert Love and Nat Friedman, eh? Well, Friedman has already left Novell. Robert Love left Novell, then joined Google in 2007 and we hope that Google stops its bad habit of collecting software/algorithm monopolies (Love's patent was probably filed just for Novell).

Meanwhile, Novell's friends from Redmond patent foot interface (having previously explored 'stomping' on SPAM, which Microsoft Windows zombies spew out). Microsoft boosters have the details:

Microsoft's research into a "foot-based user interface" seemed somewhat novel in 2006, when I first wrote about the project. Now that the company has released its Kinect full-body motion control system for the Xbox 360, the idea of controlling a machine with your feet seems like only part of the picture.

But the wheels of the intellectual property system grind slowly, and the Redmond company won a patent on the concept just this week -- under the title of "Foot-based interface for interacting with a computer."


This just shows that Microsoft is desperate for PR and something profitable as it becomes more of a patent troll. This so-called 'research' is just patent farming and PR, as noted by some good journalists. The ideas which come out of it hardly make up good products. Take Surface for example. The Surface will quite likely die soon, says even a Microsoft booster [1, 2, 3], Matt Rosoff.

Microsoft is going to fit well among the trolls. Not so long ago it paid the patent troll Uniloc [1, 2, 3, 4, 5, 6, 7, 8, 9, 10], which is now suing a major section of the industry -- a considerably high number of companies (while claiming not to be a patent troll):

On Monday, Uniloc sued 19 software companies in federal district court in Tyler, Tx., alleging that the defendants' products infringe Uniloc's primary patent, U.S. Patent No. 5,490,216. It's quite a powerful patent, '216. As we reported in September, Uniloc has already sued dozens and dozens of other companies for allegedly infringing the patent, which covers a license validation procedure known as "software activation." (The technology requires users to unlock authorized copies of software with a digital key.)

By our count, the latest Uniloc suit brings the grand total of companies it has targeted in '216 infringement claims to 92. Think about that: 92 defendants! (They include big names like Sony and McAfee as well as lots of smaller software firms.)

The company's sue-'em-all strategy met with spectacular, if short-lived, success last April, when Uniloc won a $388 million verdict against Microsoft in Rhode Island federal district court for infringement of the '216 patent. At the time, Uniloc's lawyers at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo crowed that the verdict was the fifth-largest in patent law history. But the victory didn't hold up: The trial judge granted a post-trial motion by Microsoft's lawyers at Fish & Richardson and vacated the award just five months later. Uniloc hasn't given up on vindication in the Microsoft case: It is currently awaiting a ruling on an appeal to U.S. Court of Appeal for the Federal Circuit, which heard arguments on Sept. 7.


Here is a screen snapshot of the Uniloc Web site:

Uniloc Web page



Outrageously enough, "MIT's Tech Review Comes Out In Favor Of Patent Trolls," claims TechDirt:

Reader David Carter sends in this bizarrely uninformed column by Christopher Mims at the MIT Tech review, praising patent trolls and calling them "the secret heroes of the tech world." Carter notes that when he first read the article he thought it was satire. I can see why he thought that as well, but it appears to be serious.


In other news about patents, watch hard-drive makers getting hit in a major way by patents [1, 2]. And let's pay attention to this new Canonical deal with Centrify, which is a software patents proponent and Microsoft ally [1, 2, 3, 4, 5]. Not only Microsoft is a noteworthy patent threat to GNU/Linux anymore. Apple too is suing Linux and Dana Blankenhorn accepts the possibility that we wrote about yesterday, namely that Apple has something to do with Oracle's lawsuit against Android. Blankenhorn writes about Apple quite harshly, with paragraphs like the following: "Apple has never had any interest in the open source community. It’s a nuisance, a bunch of so-called idealists who copy its ideas and prevent it from gaining the monopoly rents it feels its innovation deserves."

It takes a lot of Kool-Aid to believe that Apple cares about software freedom and Nick Bilton spoke to Tim Wu (Columbia law professor) a few days ago, only to confirm that Apple's threat to freedom mustn't be underestimated. From the interview:

Tim Wu, the Columbia law professor who came up with the term “net neutrality” in a research paper, has just written a new book, “The Master Switch: The Rise and Fall of Information Empires,” published by Knopf.

[...]

Which companies do you fear the most?

Right now, I’d have to say Apple.

What about Facebook?

I think Facebook is looking for a mentor, they are looking for a role model. Right now it is choosing between Apple and Google in this great war between open and closed. It is possible that whatever side Facebook takes will have a lot to do with the future of how we communicate.

What worries you about Apple?

As I discuss in the book, Steve Jobs has the charisma, vision and instincts of every great information emperor. The man who helped create the personal computer 40 years ago is probably the leading candidate to help exterminate it. His vision has an undeniable appeal, but he wants too much control.


Apple is now said to be worth more than Microsoft. It is also more restrictive in many areas. As micu (at Identi.ca) put it yesterday, "fascist company Apple blocks Blueray from coming to Mac to sell more HD videos on iTunes. MS strikes back" (yes, even Microsoft is not as bad sometimes). Both companies currently resort to software patents as means of defending a territory and as we'll explain in a later post, the only real solution is ending software patents.

Recent Techrights' Posts

Newer is Not Better, Lunar Edition
Maybe in 57 years (2083, after all these wars) we'll managed to launch a capsule with a human and a dog above the stratosphere again
 
Microsoft Has Lost Nearly 20% in "Desktop Operating System Market Share" Since COVID-19 Began
Add Android and iOS, then Windows falls to 24%
Maintenance Later This Month
Apr 24, 2026 21:00 - Apr 25, 2026 09:00 BST
When Energy Prices Double in About a Month the Slop Bros Won't Sleep at Night
Unhinged leadership does not seem eager to end a conflict that it started
Microsoft: Move Over, XBox, Slop is the New "Entertainment" and We Demote Our "Entertainment" CEO
Marketers, marketers, marketers, as a CEO called Ballmer put it
linuxbuz.com is a Slopfarm, It Depends on LLMs
In the more distant past it could be said that linuxbuz.com was an OK site
Links 07/04/2026: Patent Trolls Leigh M. Rothschild, Bolstered by GNOME and OIN, Continues to Attack; ‘Retaliatory Antitrust Suit’ by MElon
Links for the day
Gemini Links 07/04/2026: Copyleft Revisited, Killing Linux Processes With FZF
Links for the day
It Would be Good for Debian to Have a Female DPL, But...
Debian isn't exactly selecting people for quality or policing bad behaviour
IBM Insiders Say What's Wrong With IBM in Albany (and Yes, There Are Layoffs)
promotions boil down to what insiders now call "brown-nosing" and nepotism
After Killing OpenSource.org IBM Together With OSI Told Us It Would Carry on OpenSource.net, But the Site Has Been Essentially Dead for 9 Months (Effectively Abandoned)
OpenSource.org has been dormant for 4 weeks already and OpenSource.net last had a new page 9 months ago (it'll be 9 months tomorrow) [...] That's IBM in a nutshell
A Lot of What Happened to OSI is Because of Reporting by Techrights
Half a year since Stefano Maffuli (Executive Director) "left"
Public Presentations by RMS Hardly Interrupted Anymore
We'll carry on covering those sorts of topics throughout the year
Links 07/04/2026: US Wants to Put Journalists in Prison for Reporting Facts, Artist ‘Bale’ Arrested Over Rape Allegation in Social Control Media
Links for the day
To IBMers, IBM Has Failed and is Fast Becoming a Book of Jokes and One-Word Punchlines
How else can one make it obvious that IBM is circling down the drain?
"AI Revolution" Was a Lie: Microsoft CEO Admits What He Calls "AI" is Sometimes Sloppy and Microsoft Admits That Slop is for "Entertainment Purposes Only" (Not for Any Serious Work)
if it gets "memory-holed", we can bring it up again and again
Social Control Media is Not a Viable Business Model
The future of the Web might not be the Web
From Datacentres Boom to Actual Booms That Target Datacentres, Now Struggling to Justify Humongous Energy and Water Consumption
Datacentres that are used for mindless "entertainment" (as Microsoft calls it) like slop are not a priority at this time
Gemini Links 07/04/2026: Aircraft Lift Force, Editor History, and Consumer Hardware Stagnation
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 06, 2026
IRC logs for Monday, April 06, 2026
What Matters is Software Freedom, Not the Brands
The important thing is to speak about Software Freedom
Wikileaks is About to Turn 20
~2 days ago it turned 19.5
The Cloud of Smoke
Will 2026 be the year that "The Cloud" openly confesses the risks it brings about?
SLAPP Censorship - Part 36 Out of 200: Claim KB-2024-003529 in a Nutshell (Microsoft Employee Does Terrible Things, Then Sues the Reporter in Another Continent)
It commences with more of an overview
Gemini Links 06/04/2026: Solar Panel Story and Centralisation
Links for the day
"Free Speech, Free Press": What the World Needs to Improve
Darkness breeds corruption
IBM prioritises a "lot of smoke and hype and use of trending buzzwords"
IBM can pretend all it wants things are fine
GAFAM Paying the Price for Pursuing US Military Money (Taxpayers' Money as 'Stimulus' With Strings Attached)
The "cloud" in cloud computing is a cloud of smoke
Observing Slop's Demise
If energy becomes more scarce, then one rare/side perk (or upside) will be slop companies screaming for lifeboats
Links 06/04/2026: Crackers Breached the European Commission, Why "Old Way of Campaigning Won’t Cut It Anymore"
Links for the day
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026