Bonum Certa Men Certa

Microsoft Loves Linux Patent Tax

Wanting to eat Linux (and Linux revenue) for breakfast...

Breakfast of love



Summary: Some of the latest reports pertaining to Microsoft's (and its patent trolls') pursuit/lobbying for software patents at a time when such patents lose their appeal/lustre in the United States

SOFTWARE PATENTS are still possible to attain at the USPTO, but this does not mean -- and is certainly no guarantee -- that courts or even boards (like PTAB) will tolerate these. In fact, both often reject these and this reduces the incentive to pursue software patents in the first place.



"They want software patents restored so that they can carry on blackmailing software companies (usually with Linux/Android) at greater ease."Watchtroll offers tips for overcoming the barriers to software patenting, having come to grips with the fact that at the Court of Appeals for the Federal Circuit (CAFC) almost no software patents survive (one can count this year's exceptions on the fingers of one hand).

As noted here the other day, based on two reports, Microsoft and its trolls continue trying to undermine the new rules. They want software patents restored so that they can carry on blackmailing software companies (usually with Linux/Android) at greater ease. According to this new report about Microsoft's biggest troll:

Earlier this week, Intellectual Ventures (IV) petitioned the full Federal Circuit to review the panel opinion in Intellectual Ventures v. Symantec, which invalidated two of its patents under section 101. Both patents—the '050 and the '610—are directed to filtering email or file content. (IV does not challenge the invalidation of a third patent, which was directed to receiving, screening, and distributing email.) The petition echoes concerns raised by clients, courts, and the patent bar about the growing uncertainty about what is—and what is not—patent eligible, especially in the area of software patents. Identifying two emerging fault lines in the court's evolving section 101 jurisprudence, IV urges the full court to bring much needed doctrinal clarity and methodological consistency to the patent eligibility analysis.


It's important to keep track of this case.

Microsoft's and Bill Gates' (personal connections) patent troll now pressures CAFC to kowtow to software patents while the media keeps telling us that Microsoft loves Linux so much. We don't suppose the Linux Foundation cares to comment on Microsoft's own lobbying for software patents (directly, not just by proxy). It's an Inconvenient truth when the Linux Foundation gets paid not to understand, having received Microsoft money for a while now [1, 2, 3]. Here is what Simon Phipps (head of OSI for a long time) wrote about the Linux Foundation's decision to join Microsoft the other day:

https://twitter.com/webmink/status/798919426494042112

https://twitter.com/webmink/status/798919988572782592

https://twitter.com/webmink/status/798932179237666820

https://twitter.com/webmink/status/799043592522235904

https://twitter.com/webmink/status/799220085999206400

https://twitter.com/webmink/status/799296798540107776

https://twitter.com/webmink/status/799297149343301632

https://twitter.com/webmink/status/799297435671691268

https://twitter.com/webmink/status/799261170616201216

https://twitter.com/webmink/status/799553684451577856

https://twitter.com/webmink/status/799557363502039040

https://twitter.com/webmink/status/799619480389386240

https://twitter.com/webmink/status/799295491284594688

https://twitter.com/webmink/status/799665767067201536

https://twitter.com/webmink/status/799680282299420672

https://twitter.com/webmink/status/799680707111043072

https://twitter.com/webmink/status/799681961627422720

https://twitter.com/webmink/status/799747480187326464

https://twitter.com/webmink/status/799771431185825794

https://twitter.com/webmink/status/799771694613274624

https://twitter.com/webmink/status/799771791845625857

https://twitter.com/webmink/status/799771965477322752

https://twitter.com/webmink/status/799773220316520448

https://twitter.com/webmink/status/799773784232329217

https://twitter.com/webmink/status/799775028657188869

https://twitter.com/webmink/status/799775295758827520

https://twitter.com/webmink/status/799775875495526400

https://twitter.com/webmink/status/799776644655448064

https://twitter.com/webmink/status/799777039075131393

https://twitter.com/webmink/status/799777172827308032

https://twitter.com/webmink/status/799778862595010560

https://twitter.com/webmink/status/799779365047435264

https://twitter.com/webmink/status/799779506697469952

https://twitter.com/webmink/status/799779950471606272

https://twitter.com/webmink/status/799780545391632384

https://twitter.com/webmink/status/799781353290170368

https://twitter.com/webmink/status/799781932880031744

https://twitter.com/webmink/status/799782271079378945

https://twitter.com/webmink/status/799782709598031872

https://twitter.com/webmink/status/799784023191126016

https://twitter.com/webmink/status/799785996036505600

https://twitter.com/webmink/status/800302950035898368

https://twitter.com/webmink/status/800620939818008577

"Microsoft's and Bill Gates' (personal connections) patent troll now pressures CAFC to kowtow to software patents while the media keeps telling us that Microsoft loves Linux so much."Another odd 'friend' of Linux, a company that is attacking small companies using software patents while lobbying for software patents and spreading proprietary software, is mentioned in the news today. IBM’s Manny Schecter is trying to find some balance between secrecy and software patents and we sure hope that he'll quit his stance on software patents as it often makes IBM look almost as hostile as Microsoft.

'“Other than Bill Gates, I don’t know of any high tech CEO that sits down to review the company’s IP portfolio" —Marshall Phelps (of IBM and Microsoft)



Comments

Recent Techrights' Posts

Sonny Piers Finally Spills the Beans on GNOME Cover-up, Points Finger at Robert McQueen, Misusing "Defamation" to Silence Critics of Wrongdoing
Robert McQueen, who is extremely connected to Garrett (they share digital nests)
Techrights Was Months Ahead of "XBox" News (Mass Layoffs)
Next: end of XBox as a console
More Commentary on June 2026 IBM Layoffs and Why They Happen
It sounds a lot like what happened to the EPO
The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 12, 2026
IRC logs for Friday, June 12, 2026
SLAPP Censorship - Part 104 Out of 200: Exactly Two Years Ago Brett Wilson LLP Humiliated or Weaponised Our Solicitor's Judaism in an Effort to Censor and Gag Us
dated 12/06/24
Half a Year Since Slopwatch Died
To Google's credit, it did manage to delist a lot of slopfarms in recent months
Links 12/06/2026: Science, Windows TCO, and More
Links for the day
"AI" 46 Times in One 'Article' Because The Register MS Got Paid to Push it
Today is just another opportunity to remind people that the slop bubble and GPU bubble are based on inauthentic fake 'journalism'
Gemini Links 12/06/2026: FTP and Gopher, Cluster Outage Postmortem After Cleaning by Wife
Links for the day
European Patent Office (EPO) Series: Transcending Partisan Rivalry in the National Interest
Up until now, Campinos has generally been regarded as a Portuguese "asset" on the international stage
Gratitude to Whistleblowers or Sources of Techrights
Whistleblowers are what makes journalism work
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy