Bonum Certa Men Certa

Mozilla Follows Red Hat's Misguided Strategy of Trying to Fight (Software) Patents With Patents Rather Than Invalidate Them

M.A.D. strategy where one side massively outweighs the other

Chris Beard
Source: Chris Beard, CEO of Mozilla (via Wikipedia)



Summary: Despite progress in the US patent system (limiting the patentability of software), the Mozilla Foundation leans towards patents with an acquisition and patent filing program

FOLLOWING a ruling by SCOTUS, the USPTO begrudgingly adopted new examination guidelines and software patents are demolished in retail quantities as a result. One might think that, consequently, FOSS firms would go on the offensive against software patents. Instead, however, some leading FOSS entities now befriend their patent enemies or even assimilate. Red Hat, for instance, has been filing for software patents for a number of years (we wrote a lot about this half a decade ago). Red Hat staff tells me that Red Hat is still applying for more software patents. This is relevant in light of the following recent articles:





Larry Cafiero from FOSS Force just wrote:

While it’s true that we’re past the Ballmer “cancer” era, let’s be clear on this issue: Microsoft only “loves” Linux because it has come to the realization that it needs Linux and FOSS to survive. I’m not willing to accept this “love” as sincere, and until Microsoft decides to “walk the walk” instead of just talking the talk, I am going to just have to consider this claim to be, well, complete nonsense.

Finally, let’s not forget the true nature and history of Microsoft, as outlined centuries ago by that famous Greek programmer Aesop:

“A scorpion and a frog meet on the bank of a stream and the scorpion asks the frog to carry him across on its back. The frog asks, ‘how do I know you won’t sting me?’ The scorpion says, ‘because if I do, I will die too.’

“The frog is satisfied, and they set out, but in midstream, the scorpion stings the frog. The frog feels the onset of paralysis and starts to sink, knowing they both will drown, but has just enough time to gasp ‘Why?’

“Replies the scorpion: ‘It’s my nature…'”


Earlier today we showed that Microsoft is still attacking Linux with patents (it’s Microsoft's nature), just days after the deal with Red Hat. But it's not just Red Hat.

"Mozilla will file software patents," Benjamin Henrion wrote (citing this article in French), "time to crowdfund PTAB invalidations under Alice" (well, yes, it's well overdue and vastly better use of funds).

“They are essentially fighting fire with fire.”PTAB (Patent Trial and Appeals), which we last wrote about several months ago, got mentioned by a large corporations' lobbying site (focusing on patent trolls). "It amazes me," Matt Levy wrote, "that a procedure like inter partes review has become so controversial, with the Patent Trial and Appeals Board being called a “patent death squad” and people talking about patent “kill rates.” The argument typically goes something like this: a high percentage of patent claims are invalidated in inter partes review (the exact percentage claimed varies), therefore the PTAB is killing patents."

Looking at the automated translation of the article Henrion linked to, it says that, "Mozilla on Friday announced an acquisition and patent filing program, with the intention to place them immediately under viral free licenses, that would encourage proprietary software vendors to join the movement free."

No, that's just a waste of time. It's like OIN and it's not going to protect from trolls such as MPEG-LA, which Mozilla is already paying.

It is rather disappointing to see some of the most powerful companies that are (almost) purely focused on FOSS choosing to adopt patents rather than properly fight against them. They are essentially fighting fire with fire. This isn't what we need in order to defend the freedom of software. Are these firms being advised or even steered by lawyers, who make a living from perpetuating this kind of mess?

"Small Software companies cannot afford to go to court or pay damages. Who is this software patent system for?" —Marco Schulze, Nightlabs Gmbh



Recent Techrights' Posts

Slopwatch: Plagiarism and Ponzi Scheme, Bubble About to Burst Entirely, Admits Goldman Sachs
the hype that Google News and The Register MS actively participate and profit from
The Register MS Says "AI Web Crawlers Are Destroying Websites", So Why Does The Register MS Help 'AI' Companies? (Spoiler: Money)
People need to call out The Register MS on its hypocrisy
Slopfarms Already Peaked, They Will Die When Slop Companies Run Out of Money to Borrow
slopfarms will lack an actual "engine"
Why We Publish Information About the SLAPPs (But Not About the Legal Process), an Abuse of Process by Americans Trying to Silence Critics of Their Employer, Microsoft
It doesn't take thousands of pages to explain something simple
 
Microsoft in Freefall in Finland
Can Finland eradicate Windows from all its infrastructure, including core operations that are sensitive to sabotage by cracking?
Google's Chrome Passes 70% and Web Standards Are Dying
The Web is quickly becoming devoid of any standards
India is Back to Windows 8 (Market Share Down to 8%) as Android Soars to a New Record High
For Microsoft, India is a runaway market
Links 02/09/2025: SCO Summit and Russia Suspected Of Jamming GPS
Links for the day
Gemini Links 02/09/2025: Mediterranean Marriage and Staying Connected at 35,000 Feet
Links for the day
Links 02/09/2025: Attacks on Unions, Microsoft TCO, and DDoSing a Growing Problem
Links for the day
Internet Relay Chat Didn't Fall Off a Cliff
IRC will turn 40 in less than 3 years from now
The UEFI 9/11 - Part V - This is Not a Drill (Disable "SecureBoot" Now)
A "9/11" Coming
There's No Obligation to Speak to Anybody
The very fact that "bkuhn" is till spending time in social control media says a lot about his poor judgment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 01, 2025
IRC logs for Monday, September 01, 2025
Microsoft Trying to Force People to Resign (Amid Mass Layoffs) a Strategy That Takes Its Toll
Microsoft seems to be circling down the drain and the "final flush" will be the moment the "hey hi" (AI) bubble implodes completely
Google Simply Cannot Be Trusted
Only fools would trust GAFAM
Admission That a Third Party (or Parties) Funds the SLAPPs Against Techrights
This can end up costing them over a million dollars
Modifying and Writing One's Own Computer Programs is Not a Crime (or: Google Proves That Stallman Was Right)
We're generally gratified to see so many positive mentions of him
Why We Stopped Publishing Videos (for Now)
We'll probably get back to videos one day, but it's hard to say when or to what extent
What Animal Rights Activism Teaches Us About Sympathy and Focus
It's possible to believe that the planet is warming, that we must do something about it, and still eat eggs and butter
When You Turn Web Sites About Tech Into Political Sites
A lot of people fall into the trap of catering only for particular groups
Gemini Links 02/09/2025: ROOPHLOCH 2025 and Lagrange 1.19 Released
Links for the day
Gemini Links 01/09/2025: News Corp. WSJ and A Month With NixOS
Links for the day
“Sideloading” Never Killed Anybody
There are many online discussions this week about the misnomer "sideloading"
Slopwatch: Google News as FUD Vector Against Linux and Plagiarism Enhancer, Serial Slopper (SS) Uses LLMs to Googlebomb "Linux"
Slop destroys the Web not just by screwing with search engines and helping plagiarists. It's also responsible for de facto DDoS attacks...
Links 01/09/2025: "Attacks on Science" and China's "Soft Power" Grows
Links for the day
Links 01/09/2025: Fresh Backlash Against Slop and "Norway’s Electricity Crisis is About to Hit Britain"
Links for the day
Writing and Coding Isn't Always Enough
Last year we had to assume a role we didn't have before: litigants
Links 01/09/2025: Catching Up (Mostly via Deutsche Welle), "Windows TCO" Effect in UK
Links for the day
Gemini Links 01/09/2025: Linguistic Barriers and "Web 1.0 Hosting"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 31, 2025
IRC logs for Sunday, August 31, 2025
Autumn Has Come
Autumn should be exciting in all sorts of ways; it'll also mark our anniversary
The UEFI 9/11 - Part IV - External Interference
They all seem to be playing a role in crushing Software Freedom and self-determination for users
Links 31/08/2025: Baggage Claim Scams, an Insurrectionist’s War on Culture, and a Sudden Robotics Hype
Links for the day
Gemini Links 31/08/2025: Reviewing Netsurf and Slightly Less Historic Ada Design
Links for the day
IBM Has Taken Control of GNOME
Don't expect a successor to be found any time soon
Links 31/08/2025: Google Gmail Data Breach and LF Puff Pieces for Pay
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 30, 2025
IRC logs for Saturday, August 30, 2025
This is What Google News Has Become
Moments ago