Bonum Certa Men Certa

Trend Micro Soft Patent Against Lower-cost Competition

Is it not cheating if the law is broken?

There is clearly a trend here. Companies that are unable to compete with superior and more affordable competition go beyond just dismissal using stereotypes. They start to attack. How so? Using software patents, which were never supposed to be valid in the first place (they are still seen as illegal by the vast majority of the world).



The same type of dilemma and response chracterises the music industry, which still tries to transform business models using new laws and defective 'feature' (anti-features), whose purpose may be to turn a purchasing model into a renting model much to the consumer's disappointment and the middleman/merchant's delight.

A couple of days ago, Groklaw identified a Web page that spoke about Microsoft's plan for Novell. It also gives insight into other strategies for 'competing' against Free software (using law, not technical merit). Microsoft is prepared to use RAND, which is absurd for being a mechanism designed only to secure a monopoly. Here is some text of interest, which is deliberately brought second-handed from Digital Majority:

Microsoft patenst in these protocols will be made available on RAND terms at very low royalty rates Covenant not to sue open source developers for development and non-commercial distribution of implementations of these Open Protocols.


It should be obvious then that when Microsoft talks about "Open Protocols" (both capitalised) it does not mean free-to-use protocols. It's neither libre nor gratis. It's another fine example of Microsoft bending or misusing the word "open". Remember what Microsoft thinks of the word "open":

“I am constantly amazed at the flexibility of this single word.”

--Jason Matusow, Microsoft



Eventually, Microsoft is likely to just dilute the word "open" until it has no valuable meaning whatsoever. It serves it well.

“It should be obvious then that when Microsoft talks about "Open Protocols" (both capitalised) it does not mean free-to-use protocols.”The mighty sting that enables visibility of APIs to mean no free access is of course the notion of intellectual monopolies, which are recognised only in a handful of nations. Microsoft is not alone when it comes to such strategy, whose core principle is extraction of money from one's own competition. Trend Micro tried this too. And look where it ended up:

  1. Trend Micro patent claim provokes FOSS community, leads to boycott


  2. Call for action: Boycott Trend Micro


The CEO of the company, who is also one of the 'geniuses' behind the bad business plan, is currently doing some 'damage control'. First they attack and then they apologise and pretend to be clueless.

Trend Micro may have received more than it bargained for in its software patent dispute with rival Barracuda Networks. In the past few months Barracuda's cause has been taken up by free software advocates, who see Trend Micro's patent claims as a threat to the open-source ClamAV antivirus project.

[...]

Chen: In the patent, we are not claiming that we invented the antivirus scanner. We are not claiming that we invented the proxy server. But the concept of using these two together so that you can stop the virus during the transition is new. Like I said, I'm not a patent specialist, but at that time it was awarded as a patent. And then later on even IBM themselves exchanged their patent with us, and so there was some recognition of that as a valid patent. And then later on it was litigated.

Software patents are always very controversial. It's not about open source; it's about how you define the patent.


Here is what Bruce Perens said about it:

Eva Chen, CEO of Trend Micro, currently suing Barracuda over Trend's patent on an anti-virus scanning gateway, was interviewed in PC World. She says "It's not about Open Source", but she manages to sound rather short of a clue in this interview, and makes a poor case for this sort of patent being issued at all.


PJ at Groklaw said this: "Here's the article about prior art referenced in the article. If you find any more, it's still not too late. The case, in my view, in unequivocally about open source."

It ought to be clear by now that software patent attacks come not only from patent trolls (empty shells without even a product) but also directly from companies that want to 'negotiate' using terms like RAND, "settlement", and 'interoperability'. All are just a case of putting lipstick on a pig. Pamela Jones has already said that Microsoft will be the next SCO Group.

Software patent abuse is an abuse; it should be called for what it is. Red Hat too was a victim of those that need to be eradicated. Tolerance towards this might only encourage more of the same and, as Trend Micro shows, IBM's cross-licensing did no good, let alone its filing of silly patents. At the end of the day, programmers don't want patents. Copyright are far more than sufficient. But.. who are they to decide when the likes of Microsoft are run by lawyers, MBAs, investors and marketing people?

The article reports the results of a survey on the optimal legal way to protect developers' rights to their intellectual property in the US. Two groups were incorporated: software developers and attorneys. The majority of both groups favor copyright as the legal method, but attorneys prefer patenting with a longer protection period.


Lawyers should not be setting the rules for the software industry. It's an obtrusive perversion by those who only think of money.

"Linux is a cancer that attaches itself in an intellectual property sense to everything it touches."

--Steve Ballmer, Microsoft CEO

Recent Techrights' Posts

Politicians Ought to Invite Dr. Richard Stallman and Prof. Eben Moglen to Speak About Policies, Licensing, Digital Sovereignty
Is there something in Europe other than RMS' talk this coming Monday (that we're not yet aware of)?
Good Explanation of Why IBM Has Chosen to Conceal Mass Layoffs (of 'Expensive' Staff) as "R.T.O." (Even For People Who Never Worked at the Office to Which They're Ordered to "Return")
Many remaining IBM (or Red Hat) workers in Europe are in "cheaper" places such as Brno
Microsoft's Serial Strangler and Matthew J. Garrett Join Forces in Trying to Gag Techrights (for Exposing Microsoft Corruption and Crimes Against Women)
Whose terrible idea was it?
Free University of Bozen-Bolzano Proud to Host Free Software Talk by Richard Stallman
ahead of Monday's talk
Slopwatch: Anti-Linux Machine-Generated FUD (LLM Slop) From GBHackers, CybersecurityNews, and Guardian Digital, Inc (Google News Promotes Slop Plagiarism, Misinformation)
Companies that lie try to drown out the signal with falsehoods
 
Links 22/02/2025: OpenAI Plans to Possibly Abandon Microsoft, Facebook Doubles Execs' Bonuses While Sacking Thousands
Links for the day
Gemini Links 22/02/2025: Weekend Chill and Programming Thoughts
Links for the day
Links 22/02/2025: Labour Department Investigates Microsoft Infosys Amid Mass Layoffs, Large Law Firms Caught Red Handed With LLM Slop (Defrauding Clients and Courts)
Links for the day
Gemini Links 22/02/2025: Analog Stuff, Sigil, and SSGs
Links for the day
Microsoft's Market Share in Cameroon Falls to New Lows
This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 21, 2025
IRC logs for Friday, February 21, 2025
The Streisand Effect is Real
So don't be evil. Also, don't strangle women.
Links 21/02/2025: Linux Foundation Openwashing, Microsoft Copilot Goes Down
Links for the day
Links 21/02/2025: Doomscrolling and European Ham Radio Show
Links for the day
Links 21/02/2025: TikTok Layoffs, WebOS Software Patents in Bad Hands
Links for the day
Gemini Links 21/02/2025: Web Browsers, Mechanical Shortcuts, and Internet Hygiene
Links for the day
Richard Stallman 'Only' Founded the FSF
there's no reason to be upset at the FSF for keeping their founder in the Board
Techrights Disconnected From the United States Two Years Ago
Did people really need to wait for the US government to become this hostile towards the media before recognising the threat?
Before Trying Censorship by Extortion the Serial Strangler From Microsoft Literally Begged Us to Delete Pages
This is very clearly just a broad campaign of intimidation
Hype Watch: Weeks After Microsoft Disappointed Investors With "Hey Hi" It's Trying Some "Quantum" Hype (Adding Impractical Vapourware to Accompany This Hype and Even LLM Slop in 'News' Clothing)
Remember "metaverse"? What happened to media hype about "blockchain" and "IoT"?
Report About February Mass Layoffs at Microsoft (Third Wave of Microsoft Layoffs in 2025) Comes Back From the Dead
Yesterday we wrote about an article in CRN (reporting Microsoft layoffs) being removed without any reasons specified
Links 21/02/2025: Myanmar Scam Centre and Disruptions at USPTO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 20, 2025
IRC logs for Thursday, February 20, 2025
gbhackers.com is Not Hackers, It's LLM Slop Outputs (Fake 'Articles') That Attack 'True Hackers'
A site called linuxsecurity.com keeps doing this and now we see the slopfarm gbhackers.com doing the same
Gemini Links 20/02/2025: Law of Warming and Cooling, Health, and Devlog
Links for the day
linuxsecurity.com Continues to Spread Lies or Machine-Generated FUD (Microsoft LLMs Likely the Source) About OpenSSH and Linux
this LLM problem is global
Links 20/02/2025: Microsoft Infosys Layoffs and IRS Layoffs (Good News for Rich Tax Evaders)
Links for the day
IBM Layoffs in Europe Already Happening or Underway (UK and Spain). They Try Not to Call These "Layoffs".
"CIO" in particular was repeatedly mentioned lately, as was Consulting
People Who Came From Microsoft Demanding Removal of Articles About Them, About Microsoft, and About Microsoft GitHub is "Generous" (According to Them)
Imagine choosing a law firm that borrows money in the same year just to avoid overdraft in the bank!
Possibly a Third Round of Mass Layoffs at Microsoft in 2025 ("Cloud Solution Architects, Customer Roles"), Report Removed or Censored
This is literally the top story for "microsoft layoffs" right now
Instead of 'DoS Protection' Cloudflare is Allegedly Conducting 'DoS Attacks' on Users of Browsers Other Than Firefox and GAFAM's DRM Sandboxes (Chrome, Safari and Others)
If you value the Web, you will avoid Cloudflare
Mixing Real With Fake in One 'Article' (by "Director of Content, Help Net Security")
From what we can gather, he got machines to generate some slop for him
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 19, 2025
IRC logs for Wednesday, February 19, 2025