04.01.11

Gemini version available ♊︎

Software Patents FUD a Sign That Microsoft is Losing, Linux is Winning

Posted in Microsoft, Patents at 6:06 pm by Dr. Roy Schestowitz

Victory is nigh

Victory

Summary: The Obama administration is said to considering a “fundamental rethink of software patents” just as Microsoft bets heavily on software patents

WHEN SCO attacked Linux it did not take long for everyone to find out that Microsoft had quietly paid SCO. People have generally known since then (and beforehand) that in line with the leaked Halloween Documents, Microsoft will do anything is can to get Linux distributors sued. The same strategies remain, but the types of imaginary monopolies change and also the sources of litigation. Motorola shows the limits of Microsoft’s hastily-thought through strategy; Microsoft cannot just cycle through every single company which sells Linux because sooner or later products like Xbox 360 risk a ban from the market. If Microsoft is willing to go down this lane, then it sure is a sign of desperation and Groklaw had a good article about that yesterday, claiming pretty much the same thing because Microsoft is now running even to antitrust regulators, hoping that they too can rescue the dying monopoly (nobody violates antitrust law as much as Microsoft).

Fortunately we know that this week’s academic FUD is in fact secretly funded by Microsoft. Microsoft Florian, who admits being a campaigner for hire (he tries to avoid the word “lobbyist”), parrots Steve Ballmer today, in response to dents that I made in Identica. This is so telling that it’s not even funny and the 451 Group asks, “Is Android FUD a forebearer of Linux-like success?”

I’ve seen some criticisms of Android and Google indicating it is clear or should be clear what is open source and what is not. I would argue, however, that is has become quite unclear what is open source and what is not in all circumstances and particularly in smartphones, as we covered in our special report Mobility Matters two-and-a-half long years ago. There’s no denying the constant pressure for Android and Google and others in the ecosystem to be true to the spirit and letter of open source and its licenses, however painful, serves to strengthen its open source aspects. However, the statements and signals crying foul against Android are quite similar to the complaints, threats and, yes, FUD we saw swirling around Linux a decade ago. And let’s not forget the lesson of open enough, which becomes even more significant given cloud computing and the capabilities it is extending to smartphones and other mobile devices.

Bottom line, developers, handset manufacturers and consumers are heavily more focused on new releases every six months than who is suing whom in the IP infringement claim game and software patent ’system.’ To predict where Android is headed and what is likely to happen as a result of the FUD, we can look at Linux, which emerged stronger, more competitive and more enterprise-ready after the infamous SCO threats and lawsuits.

Microsoft has has put too many eggs in one basket because rather than create new products it kept its workers busy writing patent applications — patents being just another monopolistic paradigm which relies on pieces of paper rather than bundling in the channel. The government could, in principle, pull the carpet from underneath Microsoft’s feet by passing a patent reform that’s better than the one we’ve mentioned a lot recently. Obama plans fundamental rethink of software patents according to a new report and more articles that are being published right now provide justifications for such a move:

Based on the current status, you essentially can not write an app that doesn’t somehow infringe on someone else’s patent. One might think this is an exaggeration, but let’s take a look at the following list of legal no-no’s:

1) Pop-up note

Yes, the patent for a trusty old mouseover pop-up, used by most applications out there, was granted to Microsoft. If you want your app to be legal, you can’t use them.

2) In-game messaging

That’s a tough one for game developers – Yahoo holds a patent that basically covers sending in-game messages. And they are not afraid to use it.

3) Online games

Why not ban all massively multiplayer online (MMO) games altogether? That’s what Sheldon Goodberg could do, as he holds a very broad patent for “networking gaming system”. He had enough sense not to go after World of Warcraft, and he’s targeting online solitaire for a start. Who knows what will happen If he succeeds?

4) Progress bar

It seems that IBM is the only kid on the block cool enough to use a progress bar!

5) One-click checkout

This one goes to Amazon, because the idea of storing client’s information is so innovative. However, it shouldn’t matter to you, because you are not allowed to conduct internet sales anyway. Just check the next point.

When/if software patents are invalidated en masse, Microsoft’s house of cards will fall. So let us spread the message about software patents a little further.

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 10/06/2023: libei 1.0.0 and Qt Creator 11 Beta

    Links for the day



  2. Jim Zemlin Boasting in 2022: Linux Foundation Has Revenue of Over 200 Million Dollars; IRS in 2022: Linux Foundation Has Revenue of 139 Million Dollars

    As noted here months ago, the Linux Foundation is run by a lying, manipulative charlatan who merely milks the brand “Linux” to enrich himself; where is that anomaly coming from?



  3. 'Linux' Foundation: Spendings on Salaries Increased More Than 20% in One Year

    As per the document just published after it had been submitted 7 months ago, salary-related expenditures rose from 49,386,990 to 59,791,694 in one year



  4. Links 09/06/2023: JDBC FDW 0.3.1 and Godot 4.1 Beta

    Links for the day



  5. Gemini Links 09/06/2023: Thoughts on Flatpak and Apple Cultists

    Links for the day



  6. Trying to 'Finish the Job' of Bully de Blanc and Deb Nicholson by Rewriting History (and Even Terms) for Microsoft

    Heather J. Meeker is trying to rewrite history and now we can see who her financial masters and hosts are (lots of Microsoft); The media portrayed her as some kind of historian for Free software a few months ago (as funding had been secured), but she already outsources everything to proprietary software controlled by Microsoft. This will be corporate revisionism; moreover, there’s employment history with Microsoft. As an associate put it: “The employment history with Microsoft is a dead give away that she will only spew lies and disinformation” (using books and such; the revisionism is well funded); the latest blog from the OSI is also sponsored by Microsoft (both the blog post and the person who wrote it)



  7. Links 09/06/2023: Tor Browser 12.0.7 and Many Linux Devices

    Links for the day



  8. Linux Foundation Demotes Mr. Linux, Linus Torvalds, to Third (in Salaries), Only Uses Him for the Name

    The Linux [sic] Foundation‘s tax filings (divulged by the Nonprofit Explorer) show that it now pays “CHRIS ANISZCZYK” and “JAMES ZEMLIN” more than it pays “LINUS TORVALDS”, sans bonuses. Torvalds fell to third place already. Mr. Zemlin pays himself over $1.2 million a year. He doesn’t even use Linux. He lacks credentials and accomplishments (except for selling out to companies like Microsoft), but he keeps pandering to power and money (Bill Gates). It should be noted that the Torvalds bonus was added only after backlash had erupted.



  9. HMRC is Just Taking Taxpayers' Money and Not Enforcing the Law (or Selectively Enforcing It for the Political Masters)

    What we've been demonstrating or highlighting so far this year is a defunct system of accountability, wherein the government officials and their associates are essentially above the law; can they endure the negative press that entails?



  10. GNU/Linux Decade in India: From 1.5% to 13.5%

    The world's largest population is quick to move away from Windows; not many adopt Apple (Indians don't care for overpriced junk), so GNU/Linux is growing fast



  11. IRC Proceedings: Thursday, June 08, 2023

    IRC logs for Thursday, June 08, 2023



  12. Links 09/06/2023: Microsoft's 'Online' ("Clown"/OneDrive) Storage Goes Down Again, Files Cannot be Reached

    Links for the day



  13. What Will Happen After All Major News Sites Die Isn't Pretty

    With webspam, chaff, sponsored puff pieces and worse things being presented as "the news" we're running out of actual purpose for the World Wide Web



  14. HMRC 3 Weeks Later: No Action, Same as 'Action Fraud' (Your Tax Money 'at Work')

    When people need police enforcement against a crime it turns out that police is “MIA” (missing in action); it might matter that Sirius worked with the British government, so there’s a reduced incentive to affirm crimes were committed and then arrest the perpetrators



  15. Links 08/06/2023: Istio 1.18 and FreeIPMI 1.6.11

    Links for the day



  16. Gemini Links 08/06/2023: Sourcehut, Gemini Identity, and BBS Comments on Cosmos

    Links for the day



  17. IRC Proceedings: Wednesday, June 07, 2023

    IRC logs for Wednesday, June 07, 2023



  18. The Need to Evolve on the Internet

    Tux Machines is one year away from its twentieth birthday and its increased focus on protocols aside from HTTP/S is paying off; Tux Machines also weaned itself off all social control media, including Mastodon and Diaspora (they're not the future, they're the past)



  19. EPO Management is Still Bullying the Staff (While Breaking the Law and Violating the European Patent Convention)

    Overloaded or overworked EPO workers are complaining about further deterioration at the workplace and their representatives say "this management style may well contribute to feelings of disengagement, depression, or even burn-out"



  20. His Majesty’s Revenue and Customs (HMRC) Not Responding After 20 Days (Well-Founded Report of Tax Fraud) and British Police Pretending Not to Exist

    The crimes of Sirius ‘Open Source’ have helped unearth a profound problem in the British law enforcement authorities; What good is a monopolistic taxman (called after the British Monarchy even in 2023) that cannot assess its own tax abuses? Or abuses connected to it via a contractor? Meanwhile, as per what I was told, the police is not responding to my MP and that’s ANOTHER scandal (police not only refusing to act against crimes, committed against many people, but moreover not responding to elected politicians)



  21. Links 08/06/2023: Cinnamon 5.8 and Leap 15.5 Release Mature

    Links for the day



  22. Gemini Links 08/06/2023: Emacs and Thoughts on Bubble

    Links for the day



  23. Links 07/06/2023: Reddit Layoffs and OpenGL 3.1 in Asahi Linux

    Links for the day



  24. Gemini Links 07/06/2023: Jukka Charting Geminispace

    Links for the day



  25. IRC Proceedings: Tuesday, June 06, 2023

    IRC logs for Tuesday, June 06, 2023



  26. NOW LIVE: Working for the Public — Universities, Software and Freedom - a Talk by Richard Stallman at Università di Pisa (Italy)

    As noted a few hours ago, Richard Stallman is delivering a talk at Università di Pisa this morning



  27. Richard Stallman's Talk is in Two Hours and There's a BigBlueButton Livestream

    Dr. Stallman is in Italy to give talks at universities this week; he will soon give a live talk, accessible in his site or directly at the source



  28. Links 06/06/2023: Angie 1.2.0, New EasyOS and EndeavourOS Released

    Links for the day



  29. Gemini Links 06/06/2023: OpenKuBSD, GrapheneOS, and More

    Links for the day



  30. Links 06/06/2023: OpenSUSE Plans for Leap

    Links for the day


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