Bonum Certa Men Certa

Patent Question Becoming Central in the Software Freedom Debate

Team



Summary: Legal manipulators and the companies which hire them become gatekeepers that prevent competition by assembling cartels

HERE at Techrights we are disappointed that the Free software question becomes so hinged on software patents but we are pleased that people wake up and realise that unless this issue is tackled, software freedom will eternally be impeded. Techrights was actually born as "Boycott Novell" only because of the need to fight back against software patents. It is even sites like Tux Machines (usually very technical and Linux-focused) and OStatic (focusing on Open Source more than software freedom) where Susan Linton can recognise the importance of these issues. After a long downtime she wrote:



Looks like I missed the Texas Bedrock vs. Google infringement suit decision too. This could be a rather big deal for all who use Linux. Seems Bedrock's patent is so loosely worded and concerns such a basic function that any Linux distribution or developer could be in violation. Instead Bedrock is going after companies with deep pockets. Most lawyers and juries know so little about technology that they can be convinced of actual infringement. Even if justice prevails, these companies have spent more than the actual judgment in legal fees. There was a time and place where patents served a real purpose, but the system has been so gamed that it no longer works properly.

Speaking of patents, seems that Novell and CPTN has had to change the terms of their deal concering the sale of hundreds of patents. It seems the Department of Justice has decided that the sale of these patents to Microsoft and friends could (and probably would) jeopardize the ability of Linux and other Open Source projects to compete (or even develop) in the operation system arena. So apparently now Microsoft has to sell Attachmate the patents and all will be subject to Open Source licenses.


Then, her colleague/boss Sam Dean wrote about CPTN, which many people shy away from because it is seen as a "controversial" subject. Yes, all progressive actions are controversial in their times. Dean wrote:

No doubt, as the DOJ scrutinized this proposed patent deal, there was much complexity in the analysis. Novell goes back to the early days of local area networking and the PC industry, and its patents are influential and valuable. It's good news that a Microsoft-led consortium won't be permitted to simply run roughshod over the power of those patents. Oracle, Apple, and EMC are included in CTPN Holdings as well.

"To promote innovation and competition, it is critical to balance antitrust enforcement with allowing appropriate patent transfers and exercise of patent rights,” said Sharis A. Pozen, Deputy Assistant Attorney General of the Justice Department’s Antitrust Division. Amen.

Our original conclusion in the wake of the Novell buyout was that it would benefit Red Hat, and yesterday, Red Hat's stock jumped in the wake of new analysis that reached that same conclusion. The jump in the stock came after a research note from Piper Jaffray analsysts was released concluding that "44% [of business survey respondents] indicate that businesses will spend more on Red Hat due to uncertainty surrounding Novell's future as part of Attachmate, while only 4% expect the opposite."

This conclusion from Piper Jaffray's survey was implied the instant the Novell deal was announced. Make no mistake, Red Hat is the big winner in the wake of the Novell deal, and the tech giants behind CTPN Holdings have had their wings clipped in the wake of it, which is good news for open source.


Then came this column from a good author:

In a move designed to protect the free and open source software (FOSS) community, the U.S. Justice Department has intervened in an intellectual property case involving four dominant IT enterprises. The transaction involves software developer Novell (Nasdaq: NOVL) and a consortium made up of Microsoft (Nasdaq: MSFT), Oracle (Nasdaq: ORCL), Apple (Nasdaq: AAPL) and EMC (NYSE: EMC).


And another good piece of insight (sorry, we lack the time to comment on it today):

While the Novell/CPTN sale went in favor of the open source community, Google lost a $5 million judgment in an East Texas courtroom. Bedrock Computer Technologies successfully sued Google (NASDAQ: GOOG), alleging that the search giant infringes on U.S. patent #5,893,120, which it owns. According to Bedrock, Linux 2.4.22 and onward, as used by Google, infringes on its patent.

Google may have lost the first round, but this battle is far from over. Google will be fighting back in an appeal, as will other Linux vendors, including Red Hat.

Ultimately, the goal is to have the Bedrock patent declared invalid, though as is the case with anything in the legal system, it will take time.


The latter issue is particularly relevant and we provided links about it earlier in the week. Just a few more thoughts ought to be added, firstly contesting incorrect reports which say that "Google pays". Google will appeal, not pay, so this is just one among many headlines that can be very deceiving and frightening to adopters of GNU/Linux, e.g. [1, 2, 3]. The matter of fact is, Linux at Google is winning and those who claim otherwise typically turn out to have always had an agenda against Linux, even a vendetta. One of them carries on with her usual tabloid-like commentary. Yes, proprietary software is not so hot on GNU/Linux, so foes of Linux would use that against the platform. it's basically about Adobe's junk (Trash plug-ins and the likes of that) exiting from Linux while Google ushers in replacements such as WebM for video, further building a patent pool to advance that goal [1, 2] (it is called a "Cross-Licensing Initiative"). Apple's aggression against free codecs like this one helps show why a patent pool like CPTN is malicious. The same goes for the MPEG-LA pool. Some of these pools, unlike OIN, are run by aggressors; OIN and other Linux-oriented pools can really do little or no harm because of the terms under which they operate. As MSF puts it these days: [via Groklaw]

These animations explain why people in developing countries can’t get the HIV medicines they need to survive and how setting up a ‘patent pool’ could change that.

MSF calls on researchers and pharmaceutical companies: put your patents in the pool!


Doctors Without Borders suggests a patent pool, so not every such pool is malicious by design. It is important to recognise this fact because Linux foes like Microsoft Florian use spin to distort these facts. They just won't stop spreading their lies.

Recent Techrights' Posts

The Grapevine Says IBM's American RAs (Mass Layoffs) Soon to Follow European RAs, PIPs and "Reviews" as Pretext for a Likely Baseless Dismissal
The days of honourable corporations and work ethics are long gone it seems...
Links 23/01/2026: Growing Censorship, Intel Falls (Another Bubble, Propped Up by Cheeto Bailout), and Huge GAFAM Layoffs Continue
Links for the day
Working for Freedom Makes You a Target
it's not about what you do but about who gets served
Claim That IBM Mass Layoffs Began Again in Europe, With Rumours It'll Close Offices
Unless IBM issues a statement (admission) to the media or issues WARN notices (in the US), the lousy media will simply assume - however wrongly - that nothing is happening and there's nothing to report
The "Alicante Mafia" - Part IX - EPO Budget Funnelled Into Cocaine and Moreover Rewards Cocaine-Addicted Management for Getting Busted by Police
Any day that passes without European media and European politicians doing anything about it merely discredits the media and the EU (or national governments)
 
Senior management and HR email privacy: Martin Ebnoether (venty), Axel Beckert (xtaran) & Debian abuse in Switzerland
Reprinted with permission from Daniel Pocock
Pierre-Elliott Bécue, ANSSI & Debian cybertorture
Reprinted with permission from Daniel Pocock
MJ Ray, Micah Anderson & Debian on drugs, prostitution at DebConf6 fight
Reprinted with permission from Daniel Pocock
Excellence in Ethics: a list of victories for the truth
Reprinted with permission from Daniel Pocock
Richard Stallman Giving Public Talk, Answering Questions From the Audience
We understand (from the organisers) that there will be a video of the talk
Forbes Covers in 2026 What Was Already Clear for Over a Decade: Microsoft's BitLocker 'Encryption' is a Back Door
One that's promoted by the loudest boosters of UEFI 'secure boot' as well
Links 23/01/2026: Minus 24 deg C in South Korea, "Iran Internet Blackout Passes Two-Week Mark"
Links for the day
Gemini Links 23/01/2026: "Witch Watch" and English on the Net
Links for the day
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
Reminder That "Linux" in the Site's Name (and Domain) Does Not Imply Authentic Journalism About GNU/Linux
the sad fact that some once-legitimate sites became slopfarms
Further Comments Illuminate Observations Regarding IBM's Layoffs (RAs) Plan for Europe
Some shed light on the expected scale
Appeasing Bullies Doesn't Work
The reason we're still here and very active is that we're good at what we do
How Microsoft Will Tell Shareholders That the Business is Failing in a Few Days
It'll resort to "AI" storytelling (lying about slop having potential for some unspecified future year)
Flying to See Today's Talk by Richard Stallman
It's probably not too late to reserve a seat for today's talk
The Fall of Freenode Didn't Kill IRC and the Web's Issues (Not Limited to LLM Slop) Didn't Kill Everything
As long as there are enough people willing to keep the simple (or "old") stuff it'll refuse to die
GAFAM Layoffs by Performance Improvement Plans (PIPs) Hide the Real Scale of Their Financial Troubles
the "official" numbers of layoffs will never tell the true story
'Domesticated' Animals Not More Valuable Than Free-range Wildlife, Proprietary ('Commercial') Software Isn't Better Than Free Software
the proprietary software giants (companies like SAP or Microsoft) have a lot of lobbyists
Richard Stallman Won't Talk About "AI", He'll Talk About Chatbots and LLMs Lacking Any Intelligence
This really irritates people who dislike the message; so they attack the person
Slopfarms Still Fed by Google, Boosting Fake 'Articles' That Pretend to Cover "Linux"
At this point about 80-90% of the search results appear not to be slopfarms
Gemini Links 23/01/2026: The Danish Approach to Deepfakes and Random vi Things
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 22, 2026
IRC logs for Thursday, January 22, 2026
Five Years Ago, After We Broke the Story About Richard Stallman Rejoining the FSF's Board, All Hell Broke Loose (for Me and My Family)
They generally seem to target anyone who thinks Richard Stallman (RMS) should be in charge or thinks alike about computing
Links 22/01/2026: Slop Fantasy About Patents, Retirement in China Now Reached at Age Seventy
Links for the day
Gemini Links 22/01/2026: Why Europe Does Not Need GAFAMs, XScreenSaver Tinkering, FlatCube
Links for the day
Salvadorans' Usage of GNU/Linux Measured at Record Levels
All-time high
Links 22/01/2026: Ubisoft Layoffs Disguised as "RTO", US "Congress Wants To Hand Your Parenting To GAFAM", Americans' Image Tarnished Among Canadians (Now Planning to "Repel US Invasion")
Links for the day
10 Easy Steps to Follow for Digital Sovereignty in Nations That Distrust GAFAM et al
When "enough is enough"
No, the Problem at IBM/Red Hat Isn't Diversity
Microsoft Lunduke also openly shows his admiration for Pedo Cheeto
Do Not Link to Linuxiac Anymore, Linuxiac Became a Slopfarm
now Linuxiac is slop
Dr. Andy Farnell Explains Why Slop Companies Like Anthropic and Microsoft 'Open' 'AI' Basically Plunder and Rob People
This article was published last night at around 10
Richard Stallman (RMS) at Georgia Tech Tomorrow
After the talk we'll write a lot about "cancel culture" and online mobs fostered and emboldened in social control media
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.
Links 21/01/2026: "Snap Settles Lawsuit on Social Media Addiction" and Attempts in the US to Revive Software Patents
Links for the day
Links 21/01/2026: Microsoft 'Open' 'Hey Hi' in More Trouble, US Has "Brown Shirts" Problem
Links for the day
Yesterday Afternoon The Register MS Published Paid Microsoft SPAM Disguised as an Article About "AI PCs"
The Register MS cannot help itself, can it? [...] Follow the money.
Microsoft's XBox is in Effect Dead Already, Now It's a Streaming and Advertising Platform
Expect many layoffs soon
Richard Stallman's Talk at Georgia Tech is Just 2 Days Away
We're still curious to see how malicious people (or trolls) in social control media will try to slant his talk as "bad"
EPO's Web Site Misused for Propaganda About Illegal Kangaroo Courts to Distract From EPO Scandals and Judicial Crisis in Europe
UPC is illegal and unconstitutional
The "Alicante Mafia" - Part VII - The Industrial Actions Began Yesterday, Here's Why
The "Alicante Mafia" might not last much longer
Gemini Links 21/01/2026: Edible Circuits and "Sayonara HTTP"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 20, 2026
IRC logs for Tuesday, January 20, 2026
IBM Hides Its Own Destruction (and Red Hat's)
It's like scenes out of '1984', which is what a now-famous advertisement from Apple compared IBM to