Bonum Certa Men Certa

Did Microsoft Tell Novell What Software Patents It Supposedly Infringes?

Speak up, Novell

Software patents are insane. How insane? Totally. If you don't believe this, here are a couple of new examples:

1. Patent-pending spellcheck software?!

Patent-pending spellcheck software, that is?!

First of all, patenting software or any algorithm based on the idiotic claim that it's actually a "business concept, method and system" (if not even an "apparatus" when they forcefully include the computer in the patent claim) is theft. It's slavery. It'd dictatorship with the complicity of the USPTO.


2. Patent breach by 'virtually all websites'? Pay up, firm demands [Hat tip: gggggg]

A SINGAPORE firm has threatened to sue websites that use pictures or graphics to link to another page, claiming it owns the patent for a technology used by millions around the world.

In a move that has come under fire from the online community, VueStar Technologies has sent 'invoices' to local website operators asking for thousands of dollars in licensing fees.

The company, which said 'virtually all websites' are infringing on its patent, is also planning to take on giants like Mircosoft and Google.


Now that it's (hopefully) agreed that software patents are insane, let's consider the stance of a company whose chief once said: "[I]f people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today." Needless to mention, he had said this when he was locked outside a fence, before he engaged in sheer abuse and corruption to enter; then he decided to build imaginary fences (garden walls) for further protection. He soon became obsessed with them.

The following new article contains some bits of interest (highlighted in red) that reflect on Microsoft's existing policy.

Likewise, Microsoft promotes its efforts to sign cross-licensing deals, such as the one with Novell, as a way to encourage interoperability. But along with those pacts came Microsoft's threat of legal action against companies that don't have a deal in place. In 2007, Microsoft said that Linux infringes on 235 of its patents.

Open-source products are subject to patent litigation if they infringe on Microsoft patents, just as proprietary products face legal action for infringement, said Gutierrez. "There's no reason why the same laws of nature shouldn't apply to them as they apply to any other proprietary vendor," he said.

[...]

Curiously, Microsoft declines to specify which of its patents are relevant to Linux. "We do discuss the details of our technologies and patents with companies that are engaged in good-faith licensing dialog," said Gutierrez. "That's the proper context in which to have it, that's the way it's handled in the industry."

But others think there's probably another reason that Microsoft won't specify which of its patents are relevant. "As soon as you declare patents you believe are infringed, they become the subject of re-examination," Rosoff noted.

Rosoff doesn't think that Microsoft actually intends to sue anyone using Linux. "This is part of a campaign to cast uncertainty over the IP heritage of open-source software," he said.


According to this, Microsoft ought to have discussed details of the said software patents with Novell. Can Novell share the knowledge with the rest of the world? Or was it never discussed at all, in which case Microsoft is being dishonest?

Shouldn't Novell, as an almost 'free rider' in a world of Free software and a confessed betrayer of the GNU GPL, be obliged to turn transparent about this? Whose side is Novell on? It sure seems like Novell sidled with Microsoft, so it keeps silent in order to continue this "part of a campaign to cast uncertainty," if one was quoting from the article above. Who could blame Novell? It makes money out of "patent terrorism". It ought to be more than obvious that Novell sold out to Microsoft in a way much worse than Corel did.

MS Novell



Speaking of Corel, Rex Ballard had the following to say in response to my message last night (about Asustek's Linux-loaded motherboards):




"Don't underestimate Microsoft. They do have tactics, which they have been allowed to continue to use under the Bush administration, which makes it very hard for Linux to establish a strong foothold in the OEM distribution channel.

“...COREL offered a motherboard maker Linux licenses at 50 cents/board, and millions of these motherboards were ordered by OEMs and Kiosk dealers alike. The problem was that Microsoft's OEM license agreement forbade ANY interference with the Microsoft controlled boot sequence.”"This isn't the first time a motherboard maker has offered Linux as part of their package. The first time, that I can remember, was back in 1999, when COREL offered a motherboard maker Linux licenses at 50 cents/board, and millions of these motherboards were ordered by OEMs and Kiosk dealers alike. The problem was that Microsoft's OEM license agreement forbade ANY interference with the Microsoft controlled boot sequence. Furthermore, the OEM licenses were sold in bulk, which meant that selling a machine without Windows didn't save you any money. In fact, if you didn't meet your minimum commitment order, you could even LOSE money, since the discounts you received depended on your ability to honor a minimum commitment order, usually calculated to be far more licenses than you could actually sell with the machines.

"Since the licenses were non-transferable, the OEMs couldn't sell them to other OEMs or retailers. Since Microsoft maintained tight-fisted control over the configuration, the OEMs couldn't pre-install the Linux OS, and were even forbidden from enclosing the Linux distribution disk provided by the Board maker, as part of their configuration."




Consider this in light of what we wrote very recently about Microsoft's attack against Linux on motherboards. When Microsoft is unable to use its lawyers to forbid competition, it simply buys that competition. Novell used to be one of the leading players in the Linux world. So was Corel.

Comments

Recent Techrights' Posts

Links 28/08/2025: Chatbots Distorting/Fabricating History and Also Driving Suicide
Links for the day
Open Source Initiative (OSI) Resists Software Freedom, Even by Attacking Its Own
The OSI is compromised
 
Richard Stallman (RMS) Talk in Ethereum Cypherpunk Congress Will be Remote
This past week RMS received lots of accolades online
The Register MS (Run by Microsoft Operatives): Free Software is Putin, Hence Evil and Dangerous
The current editor in chief is an American Microsofter, the previous one went to work for Google (US)
Gemini Links 28/08/2025: Back in Japan and Why "Hacker News" Sucks
Links for the day
A Much-Needed Wake-up Call to Users of Wordpress.com, Blogspot, Substack and All Those Other Outsourced (and Centralised) Platforms
There are several lessons in there
The UEFI 9/11 - Part II - Campaign of Censorship and Defamation Against Critics
In dictatorships, humour serves an important role. It's tragic.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 27, 2025
IRC logs for Wednesday, August 27, 2025
Slopwatch: linuxsecurity.com, Slopfarms in Google News, and More
Some readers of ours end up sending us links that are from slopfarms, not realising those are slopfarms
Gemini Links 27/08/2025: Katrina Memories and Google Versus Software Freedom
Links for the day
Links 27/08/2025: Police Against Media Freedom in the UK, Energy-Hungry Countries Targeted by China
Links for the day
Microsoft Windows Fell to All-Time Lows in Egypt This Summer, Vista 11 Adoption Decreases While GNU/Linux Increases
Vista 11 is going down rather than up
Links 27/08/2025: Microsoft Demoralises Staff With Slop Demands, Leaving Mastodon Explained
Links for the day
12 Hours Ago The Register MS Published a Fake (Paid-for) Article, But This One for a Change Did Not Promote a Ponzi Scheme
There are also Free software alternatives, but they don't pay The Register MS for "synthetic" so-called 'journalism'
More People Need to Call Out and Put a Stop to Serial Sloppers
Unless slopfarms are stopped, people will read and share Microsoft propaganda made by chatbots
Gemini Links 27/08/2025: Headphones and Tartarus
Links for the day
Morale at Microsoft is Terrible (Proprietary Plagiarism Machines Have No Future, LLM Slop is a Bubble)
The slop sceptics/critics are going to have lots of "told you so" moments
GNOME "governance issues, staff reduction, etc." amidst Albanian whistleblowing and women trafficking
Notice the connection to Software Freedom Conservancy (SFC) and GNOME
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 26, 2025
IRC logs for Tuesday, August 26, 2025
Richard Stallman (RMS) Was Right About "Sideloading" in 1996
We now have computers that treat booting GNU/Linux like an act of "Sideloading"
Panama: Windows Down From 97% "Market Share" to Less Than 30%
In 2009, Windows was measured at 97.24% (compared to 62.32% right now or less than 30% if one also counts Android)
The UEFI 9/11 - Part I - Introduction to Impending Catastrophe (Microsoft Preventing People From Booting Non-Windows Systems)
eight-part series
Why Techrights is Slow Today (Bot Floods)
We don't know if those bots are connected to LLMs (we have not checked), but that is a possibility
Slopwatch: DDoS Slop, LinuxBSDos.com Spam, and Slopfarms in Google News, Including webpronews.com
Among the news we also found fakes, albeit not so much today
Links 26/08/2025: "Ballooning Debt" in France and "Transnational Repression in the UK"
Links for the day
Gemini Links 26/08/2025: Listening to Alcest and Google Doing Evil (Users Installing Software is "Sideloading" and Prohibited)
Links for the day
Links 26/08/2025: DNS Tampering and TikTok Layoffs
Links for the day
Microsoft's Windows "Market Share" Overestimated
Microsoft's income sources are shrinking
We Shall See...
My wife and I are hardly the first victims of Brett Wilson LLP
This New Determination on a Case Echoes the Modus Operandi of Microsoft's Serial Strangler vs Techrights (Its Online Decision/Judgment Says Truth and Public Interest Defend the Publisher)
Noel Anthony Clarke hopefully has enough money left to pay his victims, which include the publishers
Going Offline
There was life before the Net
The Register MS Has Apparently Shut Down Its Office
It is basically a fake address on the face of it
There Are Also Expectations of IBM Layoffs Very Soon With "Narrative Control."
Some of them mention Red Hat and how IBM failed to achieve anything substantial with that acquisition
After at Least Two Rounds of Mass Layoffs in August Microsoft Said to Have "September Layoff Confirmed - Performance Based"
Those "M5 level meetings" sound plausible
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 25, 2025
IRC logs for Monday, August 25, 2025