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

Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
 
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
So Simple That You Can Touch and Feel It
In light of recent experiences
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
The Register MS: Don't Use Linux
That really says a lot about The Register MS
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025
Sounds Like Microsoft 'Open' 'AI' (Slop) Ran Out of Money to Borrow
Maybe in 2026 slop will be scarce enough that eventually, maybe by year's end, we'll manage to just ignore it.
In India, Staff Works on Christmas Eve, Becomes Unemployed (Last Day)
The company fires based on how "expensive" workers are more often than based on their productivity
Links 24/12/2025: US TACOs on "China Chip Tariffs Until 2027", Russian Snickers in U.K. Convenience Shops
Links for the day
Links 24/12/2025: Cheeto President "Accused of Rape in Jeffrey Epstein Files", Windows to be Replaced by Slop?
Links for the day
Gemini Links 24/12/2025: Tea, Love During Pain, and Gaming This Year
Links for the day
GAFAM is a Bubble, Nothing is Free in This World
Nothing is free in the world
My New CD Player/Stereo Didn't Even Last a Year, My CD Player/Stereo From the Early 1990s Still Works
That helped reaffirm what I said in recent years about production/manufacturing standards of "modern" things
GitHub Isn't Free, Microsoft Subsidises It (Losses) to Entrap You Inside Proprietary Software, Now Come the Fees
GitHub was never free
XBox Console is Dead, "Microsoft is Rethinking What XBox is"
So XBox is now "cloud"
IBM SkillsBuild: Teaching Slop to People
What skills does that give? Making more slopfarms?
Maybe 2026 Will be the Last Year of António Campinos
Europe's patent system is run by thugs and it serves thugs
2025: The Year LLM Slop Rose to Prominence and Then Fell
the slop hype is bound to end
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 23, 2025
IRC logs for Tuesday, December 23, 2025
Links 24/12/2025: Spotify Surveillance and Shadow Over Rule of Law in Hong Kong
Links for the day