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

Microsoft Has Fallen to #3 in Singapore
There are many technically talented people in Singapore or overseas workers who lodge in Singapore
In IBM, PIPs and RAs (Layoffs) Have Become Almost the Same Thing, Workers 'Expire' With Age (Seniority, Experience) and Empathy is Punishable by Termination
IBM does seem like a dead company
"Social Dialogue" With the Man Who Never Faced Real Competition at the European Patent Office (EPO), He Buys the Voters and Eliminates Rivals
Will the "Pretender" write back?
Greenwashing Corruption With a "Chief Sustainability Officer", Who Infamously Defended Battisetelli's Crimes at the EPO and Petitioned for Him
She was rewarded for conspiring against EPO staff, as usual
What I Explained to Police About Blackmail and Death Threats via Burner Accounts (a Practice Which Generally Constitutes a Crime)
Today I've communicated several times with police
 
European Patent Office (EPO) Series: Streamlining the Decision-Making Process
Negrão was one of 17 applicants for the position but he somehow managed to end up as the sole candidate on the shortlist prepared by the Management Board in June 2020
Links 29/07/2026: "Hugging Face Has a Deepfake Nudes Problem" and "$1.5B Anthropic Copyright Infringement Ruling" (Plagiarism is Not "Training")
Links for the day
Comments on Today's Judgment
It hopefully helps clarify what actually happened
Thank You, Andy
Burnham and "Tech Rights"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part II - 77 Messages Sent, Did Not Even Investigate or Examine Any of the Actual Evidence (British Taxpayers' Money Wasted)
SRA has become known (even notorious) for inaction
Inevitable Politics
In technology, provided the work you do has growing impact (we served almost 2 million requests yesterday), things will inevitably become more political - whether you like it or not does not matter
Not Only "Loonies Take on Farage"
pretending that the opposition to the right wing is "Loonies"
Brigading Against Women - Part I - Bypassing the Legal System by Threatening Companies in Another Continent
In the next part we'll begin to connect Lozza's online activities (and court activities) to those of Garrett
IBM is Trying to Turn Debt (Borrowed Money) Into Fake Growth and It'll Worsen Matters
they put in their balance sheets a fake "growth" in something that does not even exist
Microsoft Relies on Misleading Narrative of Studios Going 'Independent'; in Reality There Are Mass Layoffs in Them
This is not a good narrative for Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 28, 2026
IRC logs for Tuesday, July 28, 2026
Gemini Links 29/07/2026: Arosa, Tired Tuesday, and Constellation Browser
Links for the day
At Microsoft, PIPs Are Sometimes Known as "LITE" (a Silent Layoffs Legal Hack or a Shrewd Workaround to Skirt WARN Act)
Zero "layoffs" to report
Gemini Links 28/07/2026: “Strategies Against Algorithms” and DIYers
Links for the day
Digital Restrictions (DRM) and Microsoft: What Kills XBox Will Kill Windows Next
Microsoft wrongly and very arrogantly assumed that users would tolerate everything it throws their way
GNU/Linux in Afghanistan Reaches 7%
For many years it was stuck at less than 1%
Links 28/07/2026: "People’s Claude Chats Are Publicly Accessible Online" and SpaceX Stock Crashes Like Its Products
Links for the day
UK tech sector missing from democratic process
Reprinted with permission from Daniel Pocock
How Not to Cover Elections (Democracy Relies on Reliable, Complete Information)
Misinformed voters are a recipe for disaster
Microsoft E.E.E. (and "Bait and Switch") Going Exactly According to Plan
That is what they are trying to tell us and the companies that employ us
IBM: An Old Company That Hates Old People
Remember that's coming to Red Hat workers in 2 months
Strict Policy on Violence and Violent Language
This matter is now being escalated to law firms
Avoiding Discrimination Against People With Disabilities
work underway to improve the system which runs the sites
Links 28/07/2026: XBox DRM Doomed Everyone (Cannot Play Anything), Slop (Ponzi Scheme) Being Pinkwashed Now
Links for the day
Gemini Links 28/07/2026: Ethics, GIMP Script-Fu, SMTP Versus Gemini, and Proposal for Better TOFU
Links for the day
To a Sociopath, Ethical People Are Bad People. Don't Fall for It.
If you put sociopaths on a pedestal, the pedestal will break
Improving the Static Site Generator
Our system has fixes triaged
Diversity in Debian
bringing up the topic is the real problem, diversity itself is a taboo subject
GNU/Linux in Brazil. The B in BRIC(S).
the "market share" is assessed to be around 5%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 27, 2026
IRC logs for Monday, July 27, 2026
Hate Consumes the Haters
If you hate someone (or something) and you're willing to do anything for "hate rituals", then at the end the emotion will outweigh reason and it'll backfire, surely
GNU/Linux Rises Some More Internationally, statCounter Now Estimates Its Usage on Desktops/Laptops at 7.7%
significant growth for GNU/Linux in Japan, China, Thailand, Vietnam, Indonesia and Cambodia
IBMers on PIPs and the Age (or Cost) Factor
People in their 50s seem to be targeted as they are considered "expensive"
Sad State of Troll-Feeding British Media (Establishment Channels Promoting Total Idiots)
Breeding ignorance means people will assume they have a choice between two pieces of trash: "Nige" or a literal trash can
Links 27/07/2026: Sleepless Japan PM Takaichi Becomes Unpopular and Data Centre Magnate Confiscate Land Without Consent
Links for the day
A Few Hours Ago The Register MS Published an 'Article' With "AI" 32 Times in It, Including First Word in Headline and Summary. It Was Paid SPAM "Sponsored by Hammerspace".
The lost media is engaging in self-harm
Microsoft is Down
This relates in a timely fashion to what we published yesterday
In Techrights, Gemini and HTTP/HTML Are Very Different
Those were never equivalents or mirrors, those are two things that are inherently different and are maintained by different teams
Gemini Links 27/07/2026: Gemified Internet RFCs, “Junk DNA” Is Commented-Out Code, and More
Links for the day
The Techrights Gemini Capsule Was Never a Mirror
Techrights has long taken accessibility quite seriously
Americans Are Not Our Masters
If you are subjected to online abuse, don't give up
Daniel Pocock Campaigns Around "Safety of Children Online" and "Cybersecurity"
There seems to be a growing 'coalition' in the UK based around important issues which impact the entire planet
XBox the Console is Practically Finished (Unofficially), Even the Streaming ("Live") or DRM Service is Dead
XBox has never been closer to profitability
Many CEOs Are Just Glorified Scammers With Suits and Ties
Economies cannot function when few people abuse them for self-enrichment
After statCounter Figures Out Many "Unknowns" Were in Fact GNU/Linux the "Market Share" Estimate in China More Than Doubles
Japan is the same for similar reasons
peppe8o - a Site About Raspberry Pi, Arduino and Electronics - Has Turned Into a Slopfarm
We won't be linking to it anymore
Feeding 'the Children'
Maybe some time soon we'll do a fund-raiser to help feed the birds
Japan: GNU/Linux Crosses the 5% Threshold, Two Years Ago It Was Only 1%
Now it's at over 5%
We Need More Transparency
Our heads of state are very much aware of and concerned about SLAPPs and censorship
"The War on Children" Explained by The Cyber Show
Consumer protection and the war on children
EPO Cocainegate and Current EPO/EU Series to Carry on for Months to Come
Another week has begun
When IBM "Managers Have to Mark 15% of Their Teams as Low Performers" a PIP Means Likely Layoffs (Disguised as a Performance Issue)
"IBM is a Law firm with an I/T department."
Links 27/07/2026: Chatbots Lead to Suicides, Social Control Media Intentionally Designed for Addiction
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 26, 2026
IRC logs for Sunday, July 26, 2026