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

Doing My Share to Tackle Online Slop and SPAM
Trying my best to 'fix' the Web
Slopwatch: Fakes, FUD, Duplicates, and Charlatans Galore
The Web as we once know it is collapsing. Some opportunists try to replace it with low-quality slop.
The Register UK Seems to Have Become American and Management is Changing (Microsofter as Editor in Chief)
The Register 'UK' is now controlled by the Directions on Microsoft guy
Microsoft Windows Lost 400 Million Users in a Few Years, Why Does The Register Double Down on Windows With New US Editor?
days ago they hired a new US editor
Links 25/07/2025: NOAA Cuts Endanger Lives, "Europe's Self Inflicted Cloud Crisis"
Links for the day
 
Links 26/07/2025: 50 Percent Tariffs in Amazon, Dying Intel Offloads Network and Edge Group (NEX)
Links for the day
Blaming Programming Languages for Users' and Developers' Bad Practices
That's like blaming cars for drivers who crash into things
Many People Still Read Techrights Because It Says the Truth, Produces Evidence, and Does Not Self-Censor
Unlike so many other sites
The Register is Desperate for Money, According to The Register
I decided to check how they're doing as a business
Microsoft Finally Finds a Use Case for Slop?
Create low-quality chaff to shift the media's attention?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 25, 2025
IRC logs for Friday, July 25, 2025
For Libel Reform One Must First Bring (or Raise) Awareness to the Issues and Their Magnitude
I myself know, from personal experience
Links 26/07/2025: Rationed Meals in the US and TikTok Repels Investments (Too Toxic)
Links for the day
Gemini Links 26/07/2025: "Bloody Google" and New People in Geminispace
Links for the day
Response to Solderpunk (Father of Gemini Protocol) About the Gemini Community
Solderpunk responds to non-sequitur
HTML and the Web Used to be Something a Child Could Learn, "Modern" Web is a Puzzle of Frameworks, Bloat, and Worse
When the Web was more like Gemini Protocol
New US Editor in The Register is 84% Microsoft/Windows Booster
It'll be worrying if it carries on like this
Links 25/07/2025: Slop Blunders and China Has Code of Conduct for Lawmakers in HK
Links for the day
Gemini Links 25/07/2025: Some Books and Babies and Capital
Links for the day
They Try to Lecture Us on Ethics
They even removed "master" from Microsoft GitHub
The Future of the Web is One Rendering Engine or 'Flavours' of Chrome
The future of the Web does not look bright at all
Best Sites Are Not Optimised for Any Browser, They Work Equally Well With All of Them
Red Hat (IBM) is making rubbish sites
YouTube is a Spamfarm, Slopfarm, and Clickfarm (a Lot of Numbers There Are Fake)
Those who don't fake look unpopular and unimportant
We Don't Do JavaScript and Pages Are Small
Thankfully Gemini Protocol has nothing like JavaScript
'Tech' is Not Technology
Some people use terms like 'Old Tech'
IBM's Debt Rose by Almost 10 Billion Dollars in the Past 6 Months Alone
The "hey hi" circus is coming to an end
Yes, Master
Gaslighting by actual racists
Microsoft Bribes and Buys Politicians to Tell Europe What to Do About Free Software (Which It's Attacking)
Microsoft: we speak for the thing that we are attacking! Follow the money...
Making Backups Quickly and Reliably
Backups are imperative, more so in an age of uncertainty, unpredictable weather, and worsening standards (quality of products going down while prices go up)
Techrights Investigation: Estimating the Point in Time LinuxIac Turned Into LLM Slop (Part of the Time)
Bobby Borisov got lazy
10th Month, Ten Weeks From Now, at Ten AM
In Wentworth Institute of Technology in Boston
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 24, 2025
IRC logs for Thursday, July 24, 2025
A Nadella Memo Distracts From Microsoft's Cheapening Of the Workforce
Right now the "MSM" (mainstream media) is flooded/overwhelmed by garbage pieces that relay lies for Nadella
Vanishing Faces of GNU/Linux
Free software projects do not depend on any one person or company to still exist
Microsoft Says It Lost 400 Million Windows Users, Now It's Waiting for GNU/Linux to Stop Booting on 'Old' PCs
When it comes to Windows, Microsoft is fully aware of the issue and statements it made earlier this summer suggest it lost 400 million Windows users
Slopwatch: LinuxTechLab, linuxsecurity.com, LinuxIac, and More
Also: The Register's Microsoft agenda (new editor)
Gemini Links 25/07/2025: Gemtext Aware Titan Editor and Gemini Protocol Comeback
Links for the day
Links 24/07/2025: Convicted Felon Quits UNESCO, "Vibe Coding Goes Wrong", and Signalgate Gets Worse
Links for the day
Gemini Links 24/07/2025: Forgejo Woes and Smolnet Directory Week
Links for the day
Misinformation is Not Intelligence
It's low-grade plagiarism and it fails to show any signs of intelligence
Links 24/07/2025: Storage Tapes Still Kicking, Windows TCO 'on Steroids' (Microsoft-Induced Catastrophes)
Links for the day
Bobby Borisov (LinuxIac) Has Apparently Begun Experimenting With LLM Slop, So We Cannot Trust LinuxIac Anymore
So did LinuxIac become a slopfarm? Maybe not yet, but it's getting there
Informa TechTarget's ITProToday is Becoming a Slopfarm Generated by Microsoft Chatbots
Busted.
'Tech' Gimmicks Are for Advertising, Not for Usability
In the case of Microsoft, they latched onto slop
BetaNews Sacked Brian Fagioli and Deleted His Comments, But He Still Tries to Use the "BetaNews" Brand for Self-Affirmation
Fagioli takes the work of other people
[Meme] Hard to Be a Better Person?
Sooner or later they'll realise that for each pound I spend they need to spend about 1,000 times more
The LLM Con Artists Are Highly Destructive
Who will ever be held accountable for this scam?
Too Bribed by Microsoft to Move to Free Software?
Microsoft lies and Microsoft bribery (in politics)
New US Editor for The Register is a Microsoft Booster
"Avram Piltch has served as US editor for The Register since July 2025."
Microsoft Hiring European Politicians is Another Form of Bribery; There Should be a European Investigation
When Microsoft bribed people in Europe for OOXML (there's no denying this!) a European government delegate said that Microsoft operated like a cult
Reda Demanded That FSF Removes Its Founder, Now Reda Works Directly for Microsoft
A sellout and a traitor, first working for GAFAM, now Microsoft
PCLinuxOS is Raising Money to Support Development After Fire Incident at the Host
PCLinuxOS has not had announcements lately
Speed of the Site Should be Better Now
The "bot attacks" impact the speed of the sister site too
Getting More From AnalogNowhere
Recently we used many images from AnalogNowhere
Microsoft, Microsofters and 'Secure' Boot Shills Already Storming the LWN Report About Expiring Certificate, Shooting the Messenger
LWN has clearly stuck a nerve
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 23, 2025
IRC logs for Wednesday, July 23, 2025
Disable "Secure" Boot Today (the Only Better Time to Do So Was Yesterday)
Don't trust anything Red Hat tells you about security
Links 23/07/2025: Windows Killed Company After 150+ Years, US Government Mimics Russia's Attacks on the Media
Links for the day
Freedom Generally Wins at the End, History Shows (But It's Constantly Attacked, Too)
At the moment people realise "Linux" (e.g. Android) isn't enough to guarantee any freedoms
Over 3 Months Later Brett Wilson LLP Still Unable to Recruit a Media Lawyer?
"Immediate start", but not found... still unfilled