Bonum Certa Men Certa

Fighting the Cost Advantage of GNU/Linux Using Software Patents

Novell's deal with Microsoft has become controversial for a variety of reasons. Only one of them is a path towards deduction from Linux revenue, capitalising on the notion of 'patent tax'. Such payments are not justified for several reasons, including:

  1. The invalidity of software patents in the vast majority of the world
  2. The fact that most software patents would fail in court (Bruce Perens argues that only 5% of these would survive the court's acid test, and only after a great monetary investment)
  3. Inability to specify infringements


Microsoft Novell



”Novell has, in some respect, assisted the opening of that jar of worms. Novell granted Microsoft the precedence it so badly craved.“The list goes further than this. It remains a fact that at the time of Novell's deal with Microsoft (November 2006), patents were not seen as a principal challenge to Linux. Novell has, in some respect, assisted the opening of that jar of worms. Novell granted Microsoft the precedence it so badly craved. On numerous occasions shortly after the deal had been signed, Microsoft's CEO used that deal explicitly as proof "that open source is not free". That was before the middle of May when Microsoft decided to openly 'assert its rights'.

The Economist published a good article a couple of days ago. Other than the fact that it somehow attributes the success of Free software to Linus Torvalds (others like Richard Stallman will be rightly -- or leftly -- put off by this), it does point out the role of cost as an advantage.

Pundits agree: neither Microsoft nor Apple can compete at the new price points being plumbed by companies looking to cut costs. With open-source software maturing fast, Linux, OpenOffice, Firefox, MySQL, Evolution, Pidgin and some 23,000 other Linux applications available for free seem more than ready to fill that gap.


As you can see, it's not only a question of freedom, but also a question of cost. At the moment, amid some financial discomfort, Microsoft's eye is focused on making Linux not free. This goal is made easier to accomplish with the help of Novell, which took money to change everything. Can this ever work and be generalised to affect all GNU/Linux vendors? Maybe.

PC Magazine has just published an article that quotes those whom we have had our eyes on. There is a continuing attempt to impose per-unit royalties on Linux shipments (never mind the notion of redistribution, being one of the essential 4 freedoms), using patents. Will it work? That is already happening at Novell. Fortunately, Andy Updegrove has presence in this article where he rebuts:

The twist with any new Linux lawsuit is that past cases have "mobilized a huge and passionate community," says attorney Andrew Updegrove, an open-source litigation expert. Today, any new open-source project is scrutinized by hundreds of erstwhile developers looking for potential patent infringement. "If a company is going to proceed with its claims of IP infringement, it better have a smoking gun," says Chris Swenson, the director for software industry analysis at NPD Group.


It's important that Linux users and customers join forces and fight attempts to change laws and rewrite rules in order to marginalise GNU/Linux. The Free Software Foundation (FSF) is determined to bring change to patent laws in the United States, so there's still plenty of hope. According to an article from Linux.com, this FSF initiative ought to have begun about a month ago. It has yet to bear fruit.

Comments

Recent Techrights' Posts

Military-Grade Anti-Linux Microsoft Propaganda Using Microsoft LLMs in Fake 'News' Sites (Slopfarms)
This is part of a pattern
Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
 
GNU (and the FSF) Still Changing the World
Today, in 2025, GNU powers almost everything
Links 09/05/2025: Analog Computer and First time at FOSDEM
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 08, 2025
IRC logs for Thursday, May 08, 2025
Links 08/05/2025: Mass Layoffs at Google Again, India/Pakistan Tensions Continue to Grow, New Pope (US) Selected
Links for the day
"Victory Day" - Part I: That is the Day Microsofters Who Assault Women Pay for Their Actions in Foreign Land (Using "Guns for Hire" Who Attack Their Own Country for American Dollars)
Adding a friend from Microsoft to the docket didn't help
Gemini Links 08/05/2025: Practical Gemini Use Case, Shutdown of the Blanket Fort Webring
Links for the day
Links 08/05/2025: "Slop Presidency", US Government Defunds Public Broadcasting
Links for the day
Lasse Fister, Organiser of Libre Graphics Meeting, Points Out the Code of Conduct is Likely Violated by the Same People Who Promote Codes of Conduct (and Then Bully Him Into Cancelling a Keynote)
I am starting to see Lasse Fister as another victim
LLM Slop Attacks Not Only Sites of Free Software Projects But Also Bug Reporting Systems (Time-wasting, in Effect "DDoS")
Microsoft, the leading purveyor and promoter of slop, is a cancer
The Richard Stallman (RMS) "European Tour" Carries on In Spite of the Nuremberg Incident
Some people spoke about how they saw yesterday's talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 07, 2025
IRC logs for Wednesday, May 07, 2025
The CoC Means the Founder of GNU/Linux Cannot Talk and a 72-Year-Old Man With Cancer is Somehow a "Safety" Risk?
Those who don't like RMS are not forced to attend his talks
Gemini Links 07/05/2025: A Shopping Spree and Digital Gardening
Links for the day
Links 07/05/2025: Pegasus Guilty and a Path Towards EU Without Russian Energy
Links for the day
People Used to Talk
If pets can live a measurably happy life without gadgets and "apps", why can't humans?
Outsourcing GNU/Linux to Microsoft GitHub Promoted by Microsoft LLM Slop and Army Officers
Something doesn't seem right
Weaponisation of For-Profit Dockets - Part III: No More Media Lawsuits From Brett Wilson LLP This Year, One Can Only Guess Why
People leak a lot of material to Techrights because they know, based on the track record, that the sources will be protected and whatever gets published will stay online, in full, no matter how stubborn an effort (even lawsuits and blackmail) will be sent its way
Gemini Links 07/05/2025: Adopting GrapheneOS, Further Enshittification of Flickr
Links for the day
Links 07/05/2025: CISA Gutted, Debt-Saddled (Likely Insolvent) 'Open' 'AI' (Proprietary Slop) Faking Its Financial State Again
Links for the day
Finland, Lithuania, and Latvia Fortify Their Digital Border With GNU/Linux
This month's data from statCounter is particularly interesting near the Baltic Sea
The European Patent Office (EPO) Has a Very Profound Corruption Issue, Far More Urgent an Issue Than Pronouns
a rather long document
Richard Stallman Gives Public Talk at Technical University of Liberec, Czech Republic
"For programs that you could run, and for network services that could do your own computing, under what circumstances is it reasonable to trust them?"
Today We Turn 18.5
The eighteenth "and a half" anniversary
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 06, 2025
IRC logs for Tuesday, May 06, 2025