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

CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
 
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock