Bonum Certa Men Certa

Microsoft Open Sores (May Contain Patents)

T

o demonstrate the generality of software patents, consider this new find which relates to the description of a hierarchical (i.e. tree-based) filesystem structure as -- wait for it -- a tree! Yes, that's a patent in the United States and it's owned by Microsoft Corporation, the 'innovative' powerhouse that thought about representing a filing system as a tree, never mind prior art like Norton Commander which I personally used long before Windows 3.1 even debuted.

Remember the Tree-View mode in many file management applications? It's shocking to know that this omnipresent feature was patented by Microsoft back in 1995 (granted in 1997). I'm not very sure about the implications, though. The patent is so general that it can be related to many things from tree-mode to virtual filesystems. Check out claim no. 3 of the patent for the most clear part.


If this is representative of the quality of Microsoft's patents, then it's clear that they should be trivial to have re-examined and then trashed. According to an article published at OSCON, Microsoft is not worried about open source patents, but let's take a closer look at the context in which this was claimed.

One of the funniest exchanges between Ramji and the OSCON audience was the following:

"Do you feel like you're screwing a porcupine and you're one prick against thousands?" the OSCON audience member asked Ramji.

Ramji politely replied:

"It takes time to change and I knew that I'd be unpopular when I took this job..."



In other words, software patents are not his concern, but he was merely assigned to stand up there and smile in order for Microsoft to enter open source conferences, mitigate criticism in this way, and make preparations for future legal action, if not just some more threats and extortion.

“To Microsoft, it's nothing but a strategic marketing ploy.”In essence, Ramji is the equivalent of a dunce entertaining an evil emperor and acting innocent because never personally issues an order to attack. He believes (or wants to believe) that it'll keep conscience clear while he's making lots of money and by all means helping Microsoft's fight against Free software. Bill Hilf has already run away from this position and so did Martin Taylor. You can't buy forgiveness and remorse by just swapping heads forever. They all inherit the same burden and guilt.

Ramji too should realise that obeying commands "from above" makes his equally guilty and after last year's unsubstantiated smears against tens of thousands of developers, his hands are equally red. To Microsoft, it's nothing but a strategic marketing ploy [1, 2, 3].

Having already surrendered to Microsoft, the OSI has to be more polite. It's skeptical nonetheless.

As to the DMCA and so-called Trusted Computing, I think that the SE Linux project has made it pretty clear that one can build a secure operating system without resorting to secrets at the implementation or interoperability level.


In this new post, the OSI is asking Microsoft to help abolish software patents and also fight the DMCA. Are they dreaming? Tim, who wrote this post, works at Red Hat, which was attacked by what turns out to be a Microsoft-connected patent troll (at least one of them). Red Hat has posted this update on the situation.

Since the settlement of the Firestar lawsuit last month, we’ve been asked to explain why Red Hat settled the case, rather than fighting to invalidate the patent at issue in the lawsuit. The news some days back that the Patent Office had issued an initial, non-final action rejecting the claims in a re-examination of the same patent has inspired similar questions. Here are our thoughts.

[...]

But as Groklaw reported last week, the ‘502 patent “isn’t knocked out yet.” This office action is just an initial step in a proceeding that is far from final. The patent holder will probably argue to the examiner that the patent is valid over the prior art, a process that may repeat itself many times during the course of the re-exam.


For Microsoft to give up patent plot against FOSS, the solution needs to come (be imposed) from above. Having recently recognised some serious questions, the USPTO seems just a tad wobbly on software patents. To use its own words:

Computer programs are often recited as part of a claim. USPTO personnel should determine whether the computer program is being claimed as part of an otherwise statutory manufacture or machine. In such a case, the claim remains statutory irrespective of the fact that a computer program is included in the claim. The same result occurs when a computer program is used in a computerized process where the computer executes the instructions set forth in the computer program. Only when the claimed invention taken as a whole is directed to a mere program listing, i.e., to only its description or expression, is it descriptive material per se and hence nonstatutory.

Since a computer program is merely a set of instructions capable of being executed by a computer, the computer program itself is not a process and USPTO personnel should treat a claim for a computer program, without the computer-readable medium needed to realize the computer program's functionality, as nonstatutory functional descriptive material. When a computer program is claimed in a process where the computer is executing the computer program's instructions, USPTO personnel should treat the claim as a process claim. ** When a computer program is recited in conjunction with a physical structure, such as a computer memory, USPTO personnel should treat the claim as a product claim. **


Europe should be careful too, not just India. The patent trolls and their junk/software patents gradually cross the Atlantic. Seen a few days ago: [via Digital Majority]

A firm tries to patent online wish lists in Europe. Shall we stop them?



The patent No. 6,917,941, appears to cover the invention of creating a list of things in a database. It was issued in July 2005 (sometime after wish lists were invented on the Internet I believe) and defendants include a long list of startups like On My List, Remember The Milk, WishList and Zlio. Channel Intelligence is not suing Amazon or Ebay, probably because these are large companies which would send Channel Intelligence packing.


Making a living using pieces of paper is not the same thing is making a living writing programs. Some selfish people try to change the rules.

"There’s nobody getting rich writing software that I know of."

--Bill Gates

Recent Techrights' Posts

Legal Letters Are Not Postcards
It seems like intimidation, nothing more
European Patent Office (EPO) Strikes Persist, EPO Management Tries to Give False Impression of "Happy Staff"
EPO is trying to broadcast to the world a totally phony image of itself
The End of FOSSPost (fosspost.org), It Has become an LLM Slopfarm Like FOSSLinux
These sites will never get lucky with slop. These experiments always end badly.
 
Government Bailouts Won't be Enough to Save IBM
Bailouts from taxpayers in the US
Links 23/05/2026: Social Media Bans and Demise of Userbase of LLM Chatbots
Links for the day
SLAPP Censorship - Part 85 Out of 200: The United Kingdom's Rating for Press Freedom Has Improved, But We Can Do Even Better
we see the US at #64
Sites Realise That Becoming More Active by Using Bots (LLM Slop) is Self-Destructive
We'll soon (maybe next year) also show that some of the 85+ KG of legal papers sent our way are computer-generated garbage, which might run afoul of some rules
Gemini Links 23/05/2026: Patience, LLM Chatbts Being Bad, and Unexpected Computer Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 22, 2026
IRC logs for Friday, May 22, 2026
Links 22/05/2026: Ebola Crisis and Samsung Averts a Walkout With Big Bonuses
Links for the day
Links 22/05/2026: Inflation Fears and Thailand Tightens Visa Rules for Tourists From Dozens of Nations
Links for the day
EPO Staff Representation Speaks of This Week's Discussion With the EPO's Budget and Finance Committee (BFC) Amid Mass Strikes
The Central Staff Committee's outline (prepared in a rush) or the "flash report"
SLAPP Censorship - Part 84 Out of 200: New Legislation Against SLAPPs on the Way (After We Reached Out to Ministers)
They dealt with the matter individually too, but we won't share this in public, at least not at this time
The Corrupt Lecture the Non-Corrupt - Part XXX - Where Was "The Ethics and Compliance Team" When the Family of EPO President Campinos Was Caught Doing Cocaine?
It remains to be seen if national delegates will tolerate this in future meetings
Gemini Links 22/05/2026: Esperanto Music History, Suspicious Adoption of Signal, and Unauthorised LLM Slop in Code
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 21, 2026
IRC logs for Thursday, May 21, 2026
Links 21/05/2026: "Declining America" and Why Slop 'Code' is Made to Fail
Links for the day
Techrights and Tux Machines Subjected to Cyberattacks for Several Weeks
In the past I spoke to the cybercrime unit of British Police. Maybe it's time to do so again.
The Register MS Has Become a 'Content' Farm Promoting Slop for Hostile Corporations
Now they call it "PARTNER CONTENT" - not "SPONSORED" - as if semantics make the difference
Latest Example of Widespread Fake Assertions (False News) About "Hey Hi"
The false narrative of "Hey Hi layoffs"
Links 21/05/2026: Facebook Rewarded With Tax Breaks to Destroy the Environment and Cause Global Warming, Shortages, Pollution; SpaceX (SPCX) Continues Losing Billions of Dollars
Links for the day
Codecs and Software Patents - Part VIII - GNU Audio/Video Team Has Chosen the AV1 Video Codec and It Explains Why (They've Researched Their Options)
AV1 video codec will be used to encode and share GNU videos online
Dr. Stallman Helps Establish Free Software Advocacy Outside the Free Software Foundation (FSF) as Well
The ideals or principles of Free Software needn't be centralised or monopolised; they can be federated
22 Years of Tux Machines and a Community Stronger Than Ever Before
We've already received some feedback from the community and improved it accordingly
Microsoft Under Investigation for Breaches of Law in the UK
Just like the Microsofters
More Microsoft Layoffs on the Way (June and July 2026)
with or without PIPs
LWN Sponsored by the Linux Foundation (Monopolies)
We must be able to casually point this out
The Corrupt Lecture the Non-Corrupt - Part XXIX - European Patent Office (EPO) Tells Staff "Speaking up" is Good, But Not When the "Brother-in-law" of EPO's President Does Cocaine
Do we still have a functioning democracy and potent press?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 20, 2026
IRC logs for Wednesday, May 20, 2026
Gemini Links 21/05/2026: Immigration, Slop, and Slop 'Code' Suggestions Infesting Code Repositories
Links for the dayGemini Links 21/05/2026: Immigration, Slop, and Slop 'Code' Suggestions Infesting Code Repositories