As Long as Software Patents Are Granted and Microsoft Equips Trolls With Them, “Azure IP Advantage” is an Attack on Free/Libre Software
Summary: Microsoft is feeding enemies of GNU/Linux and Free/libre Open Source software (FLOSS) in order to sell its ‘protection’, which it names “IP Advantage” in a rather Orwellian fashion (same naming as back in the Novell days)
SOFTWARE patents are the most potent threat to Free/libre software. As we noted here just over a fortnight ago, Microsoft continues to use software patents to divide and conquer Free/libre software, essentially dividing it based on “safe” and “unsafe” (from litigation over patents). It’s that classic modus operandi that goes along the lines of, “pay us, or terrible things will happen…”
Corporate Counsel, a very popular site among lawyers, decided to write about Microsoft’s de facto attack (as above) but missed the main point. Having caught up with it nearly 3 weeks later, the summary (article’s body is behind walled gardens) says “Microsoft’s conversations with customers have led it to tackle an emerging risk through Azure IP Advantage, but others say the ‘umbrella’ program may not yet be legal necessity.”
“Microsoft can try to increase perceived and/or actual threat, making the only “safe” option for hosting of Free/libre software the option which is monthly payments to Microsoft (Azure subscription/veiled patent royalties).”Microsoft can send or unleash its many patent trolls (named here over the years, as recently as months ago) to make it more of a “legal necessity.” Microsoft can try to increase perceived and/or actual threat, making the only “safe” option for hosting of Free/libre software the option which is monthly payments to Microsoft (Azure subscription/veiled patent royalties). This strategy was last explained here two weeks ago and it shouldn’t be too hard to understand. It’s similar to what Microsoft attempted over a decade ago with Novell. We wrote literally thousands of articles on this topic. It doesn’t take a patent strategist to grasp it.
The threat of software patents is still very much real, in spite of Alice (whose impact can end as soon as SCOTUS under Trump revisits the matter, caving in to anti-§ 101 lobbyists).
“The threat of software patents is still very much real, in spite of Alice (whose impact can end as soon as SCOTUS under Trump revisits the matter, caving in to anti-§ 101 lobbyists).”Just in the past few days alone we saw patent maximalists from Greenberg Traurig promoting software patents [1, 2], among other things. They definitely want software patents back and they relentlessly work towards that goal, as we show here almost every day. They keep setting up more and more front groups for that purpose and they try to scandalise public officials whom they don’t agree with. They essentially try to oust reformers.
Software patents in the US are still being advertised; they are also still being celebrated in press releases, e.g. this new one (aside from that other press release about their activity in Texas) which says “Jigsaw, a leading provider of virtual training and education technology, recently became the first e-learning software to receive a patent for its game-changing, multi-dimensional learning solution. The patent, granted December 20, 2016, was especially noteworthy, as software patents of any kind are difficult to acquire and only infrequently approved by the U.S. Patent Office. Jigsaw’s proprietary technology proved itself unique not only among virtual learning tools, but among all software products.”
“Recall what, in the area of server-side security, the Microsoft-connected (financed, like Blackboard) Finjan had done until as recently as earlier this year.”They sound like another Blackboard-like entity, which probably intends to sue the competition, including Free/libre software (remember the sabre-rattling and patent lawsuits from the Microsoft-connected Blackboard).
Here is another new press release which speaks about newly-granted software patents:
IOMAXIS LLC, a leader in innovative computing and communication technologies, announced today that it has been granted two new patents for novel security approaches in the area of cloud-based computing by the United States Patent and Trademark Office. The patents, which give the company ownership of two unique approaches to identifying threats in cloud-computing environments, serve as part of IOMAXIS’ new cloud security practice. The establishment of the new practice provides commercial and federal clients unparalleled protection from internal and external threats within cloud-computing environments.
“If they start to sue and shake down more of these companies, raising the temperature in the room and making managers sweat a little, will Microsoft then step in to offer “Azure IP Advantage” for “intellectual property peace of mind” (a term it used ad infinitum back in the Novell days)?”Let it be emphasised in case it’s not obvious. There are many entities out there, both large and small (as large as the world’s largest patent troll, Intellectual Ventures), which are strongly connected to Microsoft and are habitually threatening, using software patents of course, Free/libre software projects and companies that develop/distribute/deploy/support/maintain these. If they start to sue and shake down more of these companies, raising the temperature in the room and making managers sweat a little, will Microsoft then step in to offer “Azure IP Advantage” for “intellectual property peace of mind” (a term it used ad infinitum back in the Novell days)? █