Bonum Certa Men Certa

“Peace of Mind” Over Piece of S* Software Patents, Lobbyists

Linspire sold FUD, whereas Novell claims to be selling “intellectual property peace of mind” [1, 2, 3]. They are both in the business of GNU/Linux fear, having become partners of Microsoft (Linspire is dead now).



Since this whole Web site began, E-Channel Line has always provided a lot of Novell coverage. Virtually all of it was positive, so there is likely to be bias there. It is now, after Microsoft's latest cash infusion, that the site also talks about software patents.

That IP peace of mind being customers need not fret over being sued by Microsoft as the deal also includes a patent protection. The protection extends to Novell's Linux users and covers any potential infringement of IP that allegedly exists in Linux.


Sadly, many Novell apologists look the other way and pretend that if they don't know about this, then it has no impact. But ignoring problems or brushing and sweeping them under the rug does not make them go away; au contraire! It helps them grow quietly until it's impossible to combat them.

“But ignoring problems or brushing and sweeping them under the rug does not make them go away...”So whilst Novell contaminates everything with .NET and OOXML patents, for which it claims to have acquired 'protection', a lot of people are asleep at the wheel. Instead of waking up and steering off the groove, they are shouting about Novell's financial results, which they crave to embellish. They make Novell even stronger this way.

In reality, many patents of Microsoft are toothless tigers because there is no complete duplication of technology and no originality. Take the Page Up/Page Down patent as an example [1, 2, 3]. This latest article explains why the cost of reexamination is the greater concern, not the validity. It'll never come to court as that would rubbish the patent and make Microsoft's portfolio less formidable. It's about perception and inspiration of fear.

Microsoft's patent claim says that prior to its invention, a computer user couldn't easily punch the Page Up or Page Down keys to scroll exactly one page down or up; instead, those buttons would move up or down a variable amount within a document, depending on how magnified the document's text was.

The patent dossier lists Timothy Sellers, Heather Graham and Joshua Dersch, all of Washington state, as the inventors, and Microsoft as the patent owner.

It is not clear whether Microsoft's patent will be enforceable. Another company could implement the same scrolling method if it can show that the technology was generally available and widely known before Microsoft filed a patent application.

Microsoft will not be able to assert ownership over the scrolling method in Canada because it has not yet filed an application for the same invention with the Canadian Intellectual Property Office.


Another argument can be made with respect to the invalidity of software patents in the vast majority of the world. Using lobbyists [1, 2], Microsoft intends to continue its fight for their expansion, which the world must fight against. [via Digital Majority]

Florian Müller's book tells you the intriguing story of how we all managed to influence policy makers by telling the truth against a plethora of paid lobbyists from Microsoft, Siemens etc.


As a reminder to those who think that standardisation means "no patents", here is a quick pick from the news. [via Andy Updegrove]

Earlier this year, the Federal Trade Commission announced a proposed consent order and complaint against Negotiated Data Solutions LLC (N-Data). In that matter, the agency alleged that the technology company engaged in unfair methods of competition and unfair acts or practices in violation of Sec. 5 of the FTC Act by enforcing certain patents against participants in a standard-setting organization employing Ethernet, a computer networking standard used in nearly every computer sold in the United States.


Imagine complying with standards only to get sued. Therein also lies one trouble with the Free software-hostile OOXML.

Comments

Recent Techrights' Posts

The Microsofters Have Just Shared Privileged Trial Data With Microsoft
There are serious ramifications for liability accountability as Microsoft salaries sponsor these SLAPPs
Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
[Video] IBM Shakes Hands of Prince Mohammed bin Salman
handshake of loyalty
 
Inviting the Founder of GNU/Linux to Events (It Only Costs His Travel Expenses) and Recalling the True Origins
It's reassuring to see belated recognition
Slopwatch: Microsoft's Anti-Linux Propaganda and Cover-up, Slopfarms Clogging Up Google News
slop-tracking activities that observe googlebombing of "Linux"
AstroTurfing by IBM in thelayoff.com is Highly Risky (and Likely Outsourced)
Microsoft did this in Reddit (and got caught), so why won't IBM too?
Links 17/05/2025: Stabber of Salman Rushdie Sentenced to 25 Years in Prison
Links for the day
Gemini Links 17/05/2025: Happier on Gemini and Manipulating Reddit
Links for the day
ComEd and Microsoft: A Mess of Spaghetti Held Together By Circus Clowns
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 16, 2025
IRC logs for Friday, May 16, 2025
Links 16/05/2025: Microsoft Sacks Pregnant Women, People Fired on Their Birthday; Adobe Censorship Failing
Links for the day
Gemini Links 16/05/2025: "Repairing Our Way out of Commodity Fetishism" and Pre-librebooted Computers
Links for the day
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025
Microsoft WARN Notices Proliferate in the United States
From what we've seen, this wave was more than 3% (a lot more) and the next wave/s will be even bigger (possible as imminent as weeks from now), based on insider leaks
Links 15/05/2025: Google Betrays Publishers Again, Openwashing by Sysdig
Links for the day
Richard Stallman Still Respected by Many in the Libre Graphics Community
Richard Stallman and Professor Moglen never harmed anyone
If You Read Techrights, Then You Probably Want to Read Tux Machines as Well
That site is more active than this one
Gemini Links 15/05/2025: Forced Music in Publicly Accessible Space and ~silv is Online
Links for the day
Links 15/05/2025: KOSA Censorship (USA Becomes More Like KSA) and More National Cuts
Links for the day
Bing Might Shut Down - Just Like Skype Did - Some Time in the Coming Months/Years (Parts of It Already Shut Down)
they try to bring the losses under control
Your Real Ally Would Not Defend the Company of SLAPP and Strangling of Women
who's left to tell us what's true?
Breakdown of Microsoft Layoffs Shows It's About Cost, Not Performance or Hype (Like "AI")
MSN (Microsoft) reposted this with some unnecessary spin
The Lawyers Working for the Serial Strangler From Microsoft on SLAPPing Techrights Have Apparently Lost Their Voice
the moment we mentioned that their media lawyer is leaving they went all quiet in social control media
At IBM, Relocation Can be a Trick or a Trap (IBM Gets Rid of Staff Under the Guise of "Relo")
IBM is not being honest with employees
Microsoft Rumours: This Week's Scale of Layoffs "Higher Than Reported" and More Coming Soon ("A Lot More Severe" Than May's)
The "3%" figure is false
Slopwatch: Sloppy Brian, Brittany Slop, and General Observations
Creative people don't need slop; there's just nothing good about it, slop appeals to lazy people careless about quality
Over at Tux Machines...
GNU/Linux news for the past day
Beyond Mass Layoffs at Microsoft: Entire Units Shut Down for Good
And it's far from over
Links 15/05/2025: Crikvenica, Analog Computer, and Slop 'Hallucinations'
Links for the day
IRC Proceedings: Wednesday, May 14, 2025
IRC logs for Wednesday, May 14, 2025