Bonum Certa Men Certa

Moonlight: Patent Bait Inside Your GNU/Linux Distribution

Why sue? Just cross-licence. Same thing, looks better.

We have been denouncing and protesting against Moonlight's legal baggage since the very beginning. Miguel de Icaza joined in, but he woke up to smell the coffee when it was a little too late. He had already implemented the little monster. He trusted Microsoft and wanted us to trust his deceptive friends from Microsoft, too.



Head over to Groklaw and find out just why Moonlight is poison inside your GNU/Linux box, unless you're a paying Novell customer. The concluding sentence:

My conclusion now, after having reviewed it, is the same as I predicted. This is worthless and potentially harmful vapor-speak.


Fortunately, adoption of Silverlight is poor, so whichever desktop environment or distribution you're using, you might never require Mono. You can vocally object if Webmasters use this technology, which excludes Microsoft's #1 competitor (as confirmed by Ballmer back in February and implicitly acknowledged by Ray Ozzie only yesterday). Don't permit Microsoft to tax the Free Desktop.

“Without a fight, let alone a disclosure, it's even worse to surrender if you have counterparts like Mandriva, Ubuntu, Red Hat, etc.”As a side note, the term "Linux tax" seems to be used spuriously at the moment. It talks about the cost of PCs with GNU/Linux preinstalled. Can you sense an ambiguity here? Should "Linux tax" not be a referral to the equivalent of "Windows tax", wherein Microsoft uses mythical software patents to threaten vendors until they pay for GNU/Linux (thus the term "Linux tax")? These are two separate things.

NetApp's lawsuit against Sun ought to teach us about the risk of allowing Free software to be taxed; there are lessons to be learned here. As the latest development shows, software patents may be moot in the court of law (see fragment below), so the worst one can do is give up and pay up like Novell did. Without a fight, let alone a disclosure, it's even worse to surrender if you have counterparts like Mandriva, Ubuntu, Red Hat, etc. Novell should work with them, not against them (with Microsoft).

Portfolio Media, New York (May 27, 2008)--A judge has partly stayed software company Network Appliance Inc.'s patent lawsuit against rival Sun Microsystems Inc. over Sun's ZFS technology, pending the U.S. Patent and Trademark Office's re-examination of one of the patents in the suit.


One reader wrote to us just moments ago. He explains this situation better than we have:

"I saw it mentioned that Microsoft has "never sued anyone for patent infringement." Some even go so far as to make the silly assumption that they do not like patents. That may have been true in the beginning, when Bill Gates wrote his now-famous memo on software patents in the early '90's. Now, Microsoft has made their peace with patents.

“They are in a bind at present, but they certainly are not suing out of benevolence. As Bill Gates said, "if you can't make it good, at least make it look good."”"I can recall generally an instance several years ago where there was a free software project which aimed to be able to play Windows media files. It was shut down due to patent threats from Microsoft, when the author decided he couldn't afford to defend a possible suit in court. In recent times, their attitude could well be summarised with "why sue when you can generate FUD and cross-licensing deals with threats?" Also, there are some good reasons for Microsoft to hold fire and not try to assert their patents in court.

"The first is that they may get a negative outcome in that their patent would be ruled invalid and they would be faced with a countersuit. Another reason is anti-trust related. I doubt the anti-trust authorities would look favourably on it if Microsoft tries patents as a further method to exclude competition. They are now testing the waters with their appeal of the latest EU sanctions to see if the court will see things their way and somehow rule that, yes indeed, intellectual property rights do trump anti-trust laws. Finally, Microsoft is making all of these soothing noises about "openness" lately, which include "covenants not to sue." They may be afraid of a negative public relations backlash if they were to sue an open source project at this time. They are in a bind at present, but they certainly are not suing out of benevolence. As Bill Gates said, "if you can't make it good, at least make it look good." If they wanted to make it good, they wouldn't sue *and* they wouldn't make patent threats in the first place."

Related readings:



Monopoly

Comments

Recent Techrights' Posts

European Patent Office (EPO) Series: The Brotherhood of São Bento
The Palácio São Bento – or São Bento Palace – is the seat of the Portuguese National Assembly in Lisbon
Brett Wilson LLP Reported to Police for Trying to Throw Large Parcel Into Our Home
This morning the campaign of intimidation...
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
The Cyber Show Has "Exciting Guests Coming" and a Gemini Capsule
"Site development is ongoing but now settling into a more stable form"
 
IBM's Quantum Bubble Already Deflating
Shares down over $55 in a few days
SLAPP Censorship - Part 101 Out of 200: Women Come to Realise They Don't Wish to Participate in Attacking Vulnerable Women
It relates to another topic that we shall be covering in the coming weeks
Links 08/06/2026: Proprietary Loaded With Security Holes, Armenia Defies Russia
Links for the day
Gemini Links 08/06/2026: NetHack 5.0.0 and Slop as Cannibalism
Links for the day
Links 08/06/2026: "Rising Emissions, Depleting Water" Due to the Pyramid Scheme of Slop; "Canada Needs to Rebuild Public Telecoms"
Links for the day
GAFAM Bots Are Not "Good Bots"
There's nothing "Good" about Google
Links 08/06/2026: Criticism of Microsoft Trying to Criminalise Pointing Out Bug Doors, TikTok Now "Climate-Denying Social Media App"
Links for the day
GNU/Linux Measured at 10% in Liechtenstein This Month
it seems like statCounter wrongly classified some GNU/Linux clients as Mac clients and is now issuing a correction
Communicating With Freedom - Part III - Quibble Envisioned as a New and Easily Accessible Communications Platform Based on LibreJS
the FSF really needs to become more active if not proactive in promoting those sorts of things
Clownflare Says Majority of Web Traffic is Now Bots, But the Net is Another Story
Bots are to Clownflare what lawsuits are to lawyers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 07, 2026
IRC logs for Sunday, June 07, 2026
The Strikes at the European Patent Office Planned to Carry on for the Entire Year, Maybe Future Years as Well
There's a cautionary tale somewhere
Number of Patent Grants Has Plunged 23% Amid Strikes at the European Patent Office, Today There Are More Strikes (Strike Participation at Over 3,000, More Than Doubled Since Winter)
There is a growing crisis at the European Patent Office
E.E.E. Still Ongoing, the War on Copyleft/GPL Enables That
It also imperils security.
Gemini Links 07/06/2026: Lynx in the 'Modern' Web and 'Overcooked' (Plagiarised by LLM) Code
Links for the day
Links 07/06/2026: Java Needs Seawall, Egypt Blasted for Arbitrary Detention of Activists
Links for the day
SLAPP Censorship - Part 100 Out of 200: Interlude and Outline of the First Half, 3+ Months That Got Us Death Threats Connected to Brett Wilson LLP (and Cyber Attacks That Are Difficult to Attribute)
This week we plan to have a good time
Banning Things Versus Teaching People the Reason/s to Shun/Boycott Those Things
Prohibition has its limits
Links 07/06/2026: NASA's Mars Maven Declared Dead, Telegram Founder Pavel Durov Bemoans Russia's Crackdown
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 06, 2026
IRC logs for Saturday, June 06, 2026
Gemini Links 07/06/2026: How to Train Your Dragon (2010) and "Six Days of Play"
Links for the day
Links 06/06/2026: 'Epstein Problem' in Board of Directors of Microsoft, Surveillance Giant Google Under Legal Threats for Online Misuses
Links for the day
Software Freedom Takes a Lot More Than Coding
some of the roles in the Free software community that don't receive (m)any grateful words
Ubuntu is Losing to Other GNU/Linux Distros
"Linux Mint"
Old Articles Explaining That Patents - Especially Software Patents - Are Bad for Innovation
We've omitted more than 50% of the articles we had gathered as candidates for inclusion
European Patent Office (EPO) Crisis: Huge EPO Strikes, Profound Corruption, and Cocaine Use by Managers Tolerated
These strikes won't be ending any time soon
Why GNU and FSF Will Choose AV1 Over AV2 (It's More Widely Supported)
for the foreseeable future they'll stick with AV1
Mass Layoffs (RAs) and PIPs (Excuses to Sack) at IBM: Insiders Tell No Relation to Actual Performance
If many thousands are impacted by this, then certainly it is newsworthy
Links 06/06/2026: LinkedIn Infested With Spies, Ethernet WiFi Router On Pi Pico 2W
Links for the day
25 Years With PalmOS
That my Palm PDA still works in 2026 (not in mint condition but close to that) says a lot about the "build quality" of gadgets 20+ years ago
Why We Dumped Online Shopping (Groceries)
subsidies kept the "online" stuff artificially cheap
Microsoft Fell to All-Time Low in Monaco Last Month
So says statCounter anyway
Lawsuits That Don't Work
Not as expected anyway
SLAPP Censorship - Part 99 Out of 200: Graveley and Garrett Seem to Have Crashed Brett Wilson LLP (Worse Than Taking Russian Oligarchs as SLAPP Clients)
a state of disarray
Microsoft Has Spent Months Preparing Lists of People to Cull in Massive Wave of Layoffs (Allegedly Start of July)
There is some consensus that we're weeks away from mega-layoffs at Microsoft
Gemini Links 06/06/2026: "Competing" With LLMs and "Automation of Any Kind"
Links for the day
Links 06/06/2026: 'Linux' Foundation Openwashing Slop on Microsoft's Payroll, Ukraine Wants Permanent Ceasefire With Russia
Links for the day
50% of the 'Gains' Made by "Quantum" Hype Already Evaporated
"It was all hype about quantum nonsense. Heading back to reality now. Expect sub-$220 after earnings release next month."
Heap of Trash Online, Not Just the Fault of LLM Slop But Enabled by Slop
Google News has just promoted a pair of prolific slopfarms
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 05, 2026
IRC logs for Friday, June 05, 2026