Bonum Certa Men Certa

Free Software vs Microsoft: It's Down to Patent Law Now

Battling on a terrain one prefers

Microsoft's Fight for Software Patents



When you can't defeat an enemy in the rain, you attack on a dry day. If you are incompetent down at the valley, then you relocate and escalate the battleground to the mountains. But it's merely a parable. Likewise, having failed to win based on technical merits, Microsoft wants to fight using lawyers. Might Microsoft strike back at Google like it attacks Linux (with saber-rattling)? Remember that Yahoo's search predates many, including Google's.

"The idea that Bill Gates has appeared like a knight in shining armour to lead all customers out of a mire of technological chaos neatly ignores the fact that it was he who, by peddling second-rate technology, led them into it in the first place."

--Douglas Adams



The recent speculation which suggests Microsoft needs Yahoo! for its software patents is once again being repeated. Google has many software patents as well.

Microsoft and the Yahoo patent portfolio



The latest thinking in the Silicon Valley scene regarding the Microsoft-Yahoo-Carl Icahn Saga, which is not going away, might be about some sort of killer patent owned by Yahoo. Right now financial researchers everywhere are trying to figure out what exactly the patent is.


Whatever the patent may be, it is encouraging to see the muchly-influential Mark Shuttleworth standing behind GPLv3, unlike some other remarkably-inspirational developers.

Shuttleworth was responding to a question of how developers could protect themselves against patent and intellectual property issues when it comes to contributing code to open source projects. He initially said, "GPL V3 is a good solution..." But pressed on the threat regarding Microsoft, Shuttleworth said he did not think the software giant would pursue a claim.

In essence, Shuttleworth said, Canonical has copyright assignment agreements with developers. "In order for us to be nice enough to accept your code you have to ensure us that there are no problems with it," he said. Shuttleworth, upon further questioning indicated that the GPL3 would provide protection against legal claims.


Software Patents Are Not Yet Dying in America



There was this hotly-debated post about Google's patents, but it turns out to have been misleading. Here is a premature requiem from Linux Journal.

Obviously, the matter is still in its early stages — there's no way of knowing yet whether Duffy's interpretation is anywhere near reality — what will actually come of it remains to be seen. The possibility holds huge promise for the Open Source community, however, as a day in which software patents no longer encumber the work of Open Source developers has been a long-held dream — one can only hope it will rapidly become reality.


Here is an entirely different take on this, from one who would be happier to see software patents going away.

Finally, the post is ethically questionable, as its author, John Duffy, was hired by a software company, RDC, to write an amicus brief in the Bilski case pushing for the position that software should remain patentable. This is not disclosed in the post. In other words, he's clearly biased in favor of making sure that the end result of Bilski is that software patents remain in tact, and a little publicity campaign, stirred up by misleading claims that everyone's beloved Google will somehow be harmed could help push public sentiment towards allowing software patents.


There are many other interpretations, but some are shallow. On the brighter side of things:

There's been a running debate in IP circles whether software patents would hold long-term, and as more online innovation focuses on just collecting and combining data in new ways, the attacks on software patents are getting more precise.


Groklaw calls it all FUD, insinuating this this is a non-event. People might find out soon.

Another Patent Dies



After those endless and vicious legal assaults [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16], the Nokia-Qualcomm case turns out to be a total waste of time and money.

The German Federal Patent Court ruled Wednesday that a Qualcomm GSM patent claim against Nokia is invalid, said the Finnish phone giant.


This was also published here and here. What a disappointment. In other words, the patent should never have been granted in the first place. If it hadn't, there would not be this basis for unnecessary fights.

And they say patents encourage development and productivity...

Europe Almost Goes Mad



Fortunately, the following proposal got abandoned, but the BBC tells its story. [via Digital Majority]

The Treasury has ditched controversial proposals to raise additional tax from companies that locate intellectual property, such as drug or technology patents, in low-tax countries.

[...]

A number of multinationals had warned that their tax bills would rise to unacceptable levels if the Treasury were to tax earnings generated abroad from patents and other forms of intellectual property.

Some threatened to move their headquarters overseas to escape the incremental tax.

A Treasury official said that the government had been surprised by quite how many companies feared they would pay additional tax.


This may be another subversive way of extending the scope of software patents.

Europe and ACTA



The abomination known as ACTA is not shredded yet, either. It's revolving around Europe, but the following article is more of a status report on the controversial "Intellectual Monopoly Tsar".

It comes as bodies, such as the European parliament and the French government, have proposed having a European high commissioner for IP. “The high commissioner could be an interesting model for abroad and for Europe,” said Kessler.

He added that people in similar positions in different countries could help harmonize the work of law enforcement bodies overseas, but was sceptical about discussions on an Anti-Counterfeiting Trade Agreement (ACTA): “ACTA is a future issue and a difficult one. It is something for our children.”


Also of interest:

Senate Judiciary Committee Chairman Patrick Leahy and ranking member Arlen Specter will join Sens. Evan Bayh, D-Ind., and George Voinovich, R-Ohio, on Thursday in unveiling new legislation intended to boost government efforts to crack down on counterfeiting and piracy.


ACTA is still making headlines, including in this good new article from Linux Journal.

The name of the “Anti-Counterfeiting Trade Agreement” – ACTA – is indicative of the overall approach being taken. First, this is a trade agreement, which means that it by-passes many of the more open processes for drawing up international agreements. This has allowed it to be discussed in secret, amongst a cosy club of interested parties and their chums – notably, those in industries based on exploiting intellectual monopolies.

Moreover, this is an invitation-only club, which has led to the exclusion of most developing countries, and hence most of the world in terms of population. It is nothing less than cyber-imperialism by the rich countries that for so long have imposed their agendas on the rest of the globe, but which finally see their traditional hegemony threatened by the rise of new powers – and new ideas. ACTA is a last-ditch attempt to lock the world into an old and outdated mindset.


For further information:



Ubuntu's insistence that Bug Number 1 is to do with market share seems to totally overlook the danger that is corruption of existing laws as means of illegalising Free software. What good are a few new users (at the expense of a Mono-free, Microsoft-deal-free existence) if another SCO strikes tomorrow?

patent threat
Photo under the GNU Free Documentation license

Recent Techrights' Posts

"Over 1,100 Law Firms Gone in Five Years" in the United Kingdom (UK) Alone
There are basically way too many lawyers (looking for "business", e.g. threats and lawfare) and not enough positions to fill
Microsoft FUD From Microsoft Site Helps Distract From Actual Microsoft Back Doors
Published on a Sunday
IBM is Killing Red Hat's Portfolio - Including Linux - to Prop Up Ponzi Scheme ("AI")
IBM is killing Red Hat
Gemini Links 02/03/2026: Weird Phone Calls, Small Phones, and Exploring Racket
Links for the day
EPO "Cocaine Communication Manager" - Part V - Jobs at the EPO for Those Connected to Cocaine Addicts (Skills Not Required)
EPO management is trying to shoot the messenger
Teaser: The Next Series About the SRA, Which Would be Just as Effective as It Is Right Now If It Had Zero Employees
the lapdog (of the "litigation industry") that is meant to be perceived as a watchdog
 
TeX Live Has New Release, But Planet Debian Won't Tell You That
It 'unpersoned' the developer
LLM Slop Does Not Know People (It Knows Nothing) and Cannot Distinguish Between People. It's a Recipe for Disaster.
no way of knowing who's who
Free Software Foundation Needs to Become More Active in Europe to Avoid Impersonation by Microsoft-Sponsored Groups
So far we've hardly seen the FSF saying anything at all about the US president
Links 02/03/2026: "Not Envious of Billionaires" and Palantir SLAPPs "Swiss Magazine For Accurately Reporting That The Swiss Government Didn't Want Palantir"
Links for the day
There Has Never Been a Better Time to Quit Social Control Media
Those networks are selling something. And that something is not peace because peace does not sell "attention".
Microsoft Users Drowning in Slop, If They Complain Microsoft Censors Them
Like an authoritarian regime
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 01, 2026
IRC logs for Sunday, March 01, 2026
Speed of Sites Matters
Being easily accessible all the time matters to us
Dr. Andy Farnell on "Good Tech"
in the age of "rent everything" and "own nothing"
Gemini Links 01/03/2026: Simpler Software and Announcing OFFLFIRSOCH (OFFLine-FIRst SOftware CHallenge) 2026
Links for the day
Booz Allen Hamilton, the Former Employer of Edward Snowden (NSA Contractor), is Drowning in Debt
Can Supreme Leader Cheeto bail it out like he does slop companies?
On the Concept of "Protected Class" (or Race) at IBM
It's self-harming as in practice it imperils the company and harms the reputation/brand
The Mass Layoffs at Microsoft That Nobody in the "News Industry" Wants to Talk About (and TheLayoff.com Censored, Then It Censored the Evidence of the Censorship)
They basically cover up how they censored the news about Microsoft layoffs
Richard Stallman to Give at Least Three Talks in Switzerland, Starting This Week
No mention (yet) of the Bern talk
On Who 'Speaks for' Techrights
typically a case of misrepresenting the site
'FSFE' an Imposter in Europe, Paid by GAFAM to Represent GAFAM Interests
The Microsoft-sponsored 'FSFE', which violates the terms of use of its name, is causing confusion [...] formally-recognised institutions got tricked into thinking that the Microsoft-sponsored 'FSFE' is the FSF
Lots of Lies From the Slop Industry
The slop industry relies on fake news to give a notion or fake demand
Links 01/03/2026: American Plutocrats Buy American Media While American Constitution Shredded
Links for the day
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part I - Introduction
The SRA is a sham. Many people know this already, but we want to document our own experiences with it.
Live Simply, Live Better
Life isn't about "collecting" possessions; it's about doing things that matter and accumulating knowledge so as to make better choices
Now That XBox is Pretty Much Dead and There Are Mass Layoffs at Microsoft
This means our predictions about Microsoft (and XBox) are "falling into place"
Gemini Links 01/03/2026: "In the Spirit of OFFLFIRSOCH" and "Delete Patreon"
Links for the day
ACM Lowers Its Standards for Age of Autocracy
IBM is more than happy to work with autocracies
The term FUD (fear, uncertainty, doubt) was created to describe IBM's tactics and IBM is doing it again
Rob Thomas or "RT"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 28, 2026
IRC logs for Saturday, February 28, 2026
Slop is Distraction
LibreWolf will never include any of this slop nonsense, no matter if toggled on or off
Cult inquiry: Parliament of Victoria, last chance to have your say
Reprinted with permission from Daniel Pocock
Internet Relay Chat (IRC) Turns 37.5
Can IRC reach age 75?
Gemini Links 28/02/2026: Loadbars 0.13.0, IME (Input Method Editor), and ColorColumn in Vim
Links for the day
Two EPO Strikes in March (Maybe More)
As per the SUEPO diary [...] We still have an ongoing series about the EPO, with several more series to start later
Why We Are Concerned About the SRA's Failure and What That Means to the Profession of Lawyers in the UK
Unregulated industries will lose their credibility as there is a threat of growing perception that they operate outside the law rather than practice law
Over 10,000 Pages/Articles Per Year?
Probably my most productive month, ever
Keeping Techrights Online 99.99% of the Time
Some time later this year we'll tell a very long story about how extremists attacked our webhosts
Richard Stallman, Founder of the Free Software Movement, Will be Giving Public Talk in Bern (Switzerland) in Less Than 12 Days
We are still doing a series about him and his talks
Still Lots of IBM Departures
It's not that we lack evidence of IBM layoffs. It's just that we have ample evidence of the press not doing its job (or barely existing anymore).
The Register MS Standards: Promote a Ponzi Scheme in Exchange of Money
Once upon a time it was a serious publisher. Months ago it was taken over by a Microsoft person.
Slopfarms' Demise Looks Like the Beginning of the End (Lowered Demand for Slop)
Slop about "Linux" has gotten hard to find this past week
Dr. Andy Farnell: Time to Pull the Plug?
insightful, as usual
Links 28/02/2026: "Tehran’s Two-Tiered Internet", "Internet Under Fire"
Links for the day
When an Entire News Site is About One Topic (and One Topic Only)
Tomorrow we start a new series for the new month
Links 28/02/2026: Bill Epsteingate Admits Sex With Young Girls, "Epstein Files Are the Horror That Keeps on Giving"
Links for the day
IBM: Where Companies Come to Perish
thelayoff.com is censoring stories
Tech Layoffs Are Not Because of Slop, They're an Effect of a Rotting Economy and Tech Giants Being Too Deep in Debt
Block is rapidly sinking in debt
The Slopfarms' Business Case (or Business Model) Never Existed and Nowadays, in 2026, They've Mostly Collapsed
Hopefully by year's end many slop suppliers will be offline and slopfarms that rely on them throw in the towel
March in London Today Against Slop's Harms to Society (and the Environment), Starting at 12:00 GMT at the Microsoft OpenAI Office
Today there is a protest in London (UK)
Microsoft Mass Layoffs Have Officially Resumed, Microsoft's Waggener Edstrom/Frank Shaw Lied
"The former employees say this was a mass layoff"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 27, 2026
IRC logs for Friday, February 27, 2026