Bonum Certa Men Certa

Patent (In)Sanity - Recent Links

To those who have missed the recent events (myself included), here are some highlights.

Mark Webbink has joined the SFLC.

This is good news, that Mark Webbink has joined the board of the Software Freedom Law Center. Good news for the FOSS community. For him, I think the idea of a laid back, restful retirement is now just a dream.


Just hours ago he also published an article, Patent Sanity, in Linux Magazine. Subscription is needed for access to the full text, but you could forge HTTP headers and appear like a search engine, which then permits entry.

For years, many in the software industry have expressed concern over software and business method patents and the patent system.


Earlier this week, Mark Webbink's home base, better known to us as Red Hat, was among those hit by a software patent lawsuit.

Intellectual property licensing firms IP Innovation and Technology Licensing Corporation have filed a lawsuit against Red Hat and Novell for alleged patent infringements in their Linux distributions.


The Groklaw community was prepared for such developments. It jumped all over this one with a sea of comments. Result? This whole case seems to be virtually over before it even began. It's DoA based on at least one criterion. And there's another:

It's a 2005 case, so a lot has happened in the meantime. Oh, and if you are looking for prior art, the patent to look at first would be the oldest one of the ones IP Innovation has claimed in the Red Hat litigation. That is the one that I think needs to be knocked out either by prior art or by obviousness.


Then comes the Microsoft threat, which was implicit. It also had the Microsoft spinners (yet again) trying to do damage control after Steve Ballmer. It's a "good cop, bad cop" routine.

Those who were worried that the FUD would have a negative effect on adoption should worry no more. Linux isn't just unaffected, but it's actually gaining momentum, according to Dell.

The PC manufacturer says that Microsoft's patent-infringement claims have not affected sales of its Linux servers.


Some more analysis at eWeek says that this case is nothing out of the ordinary.

"Any impact would largely depend on who was the first mover. One likely impact of such a lawsuit, regardless of who sues, is that software companies may pay closer attention to patents," he said.


Red Hat points its finger in the same direction that it did back in May -- the "Deploy with Confidence" page.

The Linux Foundation dismisses Ballmer's threat as another "FUD attack."


More about this here.

Red Hat is taking a business-as-usual stance in the face of renewed rumblings from Microsoft's Steve Ballmer over the need for Red Hat Linux users to pay up.


As usual, Mark Shuttleworth comes out swinging.

For starters, Shuttleworth said, Ballmer is implying that open-source developers don't take IP seriously. Nothing could be further from the truth, he said.


SJVN does the Sopranos analogy.

Steve Ballmer, the Sopranos and the protection racket.

[...]

"Because they don't, Tony. Er, I mean, Steve. What you're doing is trying to set up an extortion racket."

"Oh, yeah? Who knows more about extortion, me or you?"

In this case, I think it's me.


There is still some extortion going on in Fortune 500 companies, according to Brad Smith, but companies don't want to admit this because of the wrath of developers.

There's also some activity in other patent harassment cases that occupied a lot of paper space recently, e.g.:

Vonage agrees settlement on Sprint lawsuit

Vonage Holdings, the internet phone company, agreed on Monday to pay $80m to settle a patent suit filed by Sprint Nextel, the third largest US mobile carrier.


Lawyers face sanctions in Qualcomm suit

Chipmaker Qualcomm Inc. dueled Friday in federal court with its hired attorneys over who shoulders the blame for what a judge called "gross misconduct on a massive scale" at a past trial.


Qualcomm Firms Meet a Stern Judge

It didn't take long Friday for a courtroom packed with grim-faced attorneys to sense where a magistrate judge stands on sanctioning attorneys involved in a huge discovery failure by Qualcomm Inc.

Southern District of California U.S. Magistrate Judge Barbara Major came out swinging.


The cases above have helped illustrate the need for a patent reform. This is why they remain relevant, just like previous key rulings that were usually in favour of change and against a weak patent system.

Recent Techrights' Posts

Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
 
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role