Bonum Certa Men Certa

Intellectual Monopolies: Microsoft, McCain, Trade Secrets, and Apple

This is a roundup of news relating to Intellectual Monopolies, sometimes also referred to as "IPR".

Microsoft's Junk (Software) Patents



Microsoft's appetite for patents -- a virtual ownership of any stupid idea for that matter -- was well illustrated by the PgUp/PgDn kerkuffle [1, 2, 3]. This newly-granted patent was applies for by Microsoft back in 2005, probably decades after this so-called 'invention' first appeared (not to mentioned the three-finger salute, better known as CTRL+ALT+DEL). Patents appear to be Microsoft's latest strategy amid disguised financial difficulties [1, 2] and possibly fraud.

Here is another new and baffling patent from Microsoft.

The US patent might be a bit daft, especially when it comes to software, but it does offer some interesting insights into what crazy things the big companies might be working on for future products. One such patent emerged today: Microsoft applied in 2005 (and was granted in 2008) a patent which describes how different windows may be coloured differently, or that they may have different transparency settings.


Corrupted Politics of Software Patents



McCain is a long-time Microsoft ally, who even pondered making Steve Ballmer his partner. McCain's role in lobbying and attitude towards software patents were recently discussed in [1, 2, 3]. The following article is more explicit about it.

Rai has signed a brief in the case arguing for a broad scope in what can be patented. But Obama co-sponsored a patent reform bill in 2007 that would have prohibited patents on tax-avoidance strategies, Reines noted. He suggested that McCain supports wide patentability on technology, including software. “Software is a very important industry, and Senator McCain believes we need to support our innovation economy critically,” Reines said.

The McCain side didn’t take a position on business method patents.


This is hardly surprising, but at least we now know that while he argues in favour of a reform, he remains loyal to his friends at Microsoft with a pro-software patents stance.

Patents Versus Freedom and Innovation



Here is a good new example of how Intellectual Monopolies harm freedom.

In short, the problem here is probably not VIA per se, but a patent licensor (or a whole bunch of them) who would not exactly be thrilled to see trade secrets spilled out for all to dissect. What's ironic is that such worries are typically overblown beyond belief -- something Steve Mosher of OpenMoko pointed out when I spoke to him. There's no secret that can be kept indefinitely, and the whole point of technological innovation is not to sit on the same secrets forever but to keep moving forward.


This little article about Apple suggests that "digital music player" was a patent.

Hertfordshire based Kane Kramer, now 52, came up with and patented the design of a digital music player when he was just 23. Dubbed the IXI, the original music player had only enough capacity to store three and half minutes of music – although Kramer expected this to increase over time.


Copyrights Against Today's Talent



Friends of monopolies (and enemies of those 'little people', whom they purport to represent) such as McCreevy and Sarkozy [1, 2, 3, 4] are causing some more anger as the implications of their action become more apparent.

As with Congress and Disney, the EU's proposed 45-year extension would make the rich richer, and would perhaps put roughly 30 Euros per year in most artists' pockets. It's a terrible idea with limited benefit for its intended beneficiaries, and huge detriment to the public and would-be artists growing up in the shadows of today's artists.

If the EU wants to baby artists, set up a pension plan for them. Coddle them with milque toast in their old age. Do something. Just don't extend copyright terms. That helps few and hurts many.


So much for "protecting poor artists". This is about ensuring that the children and grandchildren of dead people continue not only to enjoy inheritance but also enjoy an active money flow along with monopolistic record labels. Nancy Sinatra is among the lobbyists for such ridiculous extensions that deprive today's new artists from further exposure and opportunities.

Jon Maddog Hall has just published this item expressing similar discontent with the law.

Maddog finds out that copyright prevents preserving paper player piano rolls.


Slightly less related to this, Michael Roberton is calling for change as well.

Lala, for those who don't know, is a free streaming music venture. Invested in by Warner Music group to the tune of $20m it streams about five million songs, but also offers 89 cent MP3 sales, and song rentals for 10 cents each. But why is almost nobody using their well-designed, expansive, free streaming service?

I'm not talking about the song rentals for 10 cents - we all knew that was a non-starter. But people aren't streaming songs even for free. While Imeem is streaming more than 1m sessions per day, on Lala only 25 daily listens will get your song into the weekly Top 10. The service just isn't attracting users at all, in spite of the marketing major label WMG has committed to do. Lala appears to be just another in a long list of industry endorsed companies that tries to make the labels happy - and in so doing, apparently forfeits its chance to build a user base or a business.


When Everyone is a Criminal by Default



The BBC published a report yesterday on copyrights enforcement using DRM. It's specifically about Spore.

DRM is used to combat piracy and protect copyright, but players of Spore complained that this meant the game was "for rent, not sale".

"The DRM on this thing is less friendly than my recent colonoscopy - you get three installs. That's it. No install returned for uninstallation, or anything else," wrote one reviewer.


Spore is already being smashed as a result of the poor decision.

EA's big title gets 1-star rating

For software that appeals to a wide audience like EA's latest sim game Spore, it's sometimes the first time the average person gets a good taste of how digital rights management (DRM) puts the screw on legitimate users.

Spore's DRM limits customers to only three activations after the game is installed. That number isn't restored even if the game is uninstalled. Three is what you get unless you call up Electronic Arts customer support and give them your sob story.


Intellectual Monopolies are bad. Sooner or later people discover what these are and what the implications may be. And they're not flattered to have been deceived. ⬆

Comments

Recent Techrights' Posts

GNU/Linux as a Free Software Platform is More GNU (and GPL) Than Linux
GNU predates Linux by nearly a decades and it was born to tackle injustices
Who Or What Are Security Professionals/Experts?
Companies like GAFAM are willing to tolerate cheaters because those companies themselves are cheats
Intercontinental Brigading - Part XXIII - What Garrett Did Puts Elections at Risk (Also in His Own Country, Where a Dictator Trusts Only Machines That 'Support' Him)
UEFI 'security' is only as trustworthy as its ferocious boosters
Gemini Links 30/10/2026: RIP Patrick Stewart and Amp Integration
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 29, 2026
IRC logs for Thursday, October 29, 2026
The Metric is Not the Mission
"Passing Thoughts" by Andy
More Than 5 Years Have Passed Since Official Release of Vista 11 and in the US It's Measured as Only 3 Times Bigger Than GNU/Linux on the Desktop/Laptop
If mobile is culled from the statistics, then GNU/Linux is somewhere near 11%
It's About Intention, Not Attrition, at Microsoft
Microsoft does in fact aim to push many workers off the cliff
The Next 50 Years of Emacs (and GNU)
GNU's founder made the widely used editor, GNU Emacs
Links 29/10/2026: Microsoft-Connected and Funded Openwashing at FOSDEM, Tragedy in Spain
Links for the day
Gemini Links 29/10/2026: London, Worcestershire, and Robot Exclusion Protocol
Links for the day
The Register MS is Publishing Spam About "AI" for HP, Sponsored by HP, Even Composed by HP
Or "HPE" as they choose to call themselves (with the hype of "enterprise")
Links 29/10/2026: Anthropic Still Sued Over Copyright Infringement (Plagiarism Isn't "Training"), Elon Musk Openly Admits He Helps Putin Crush Ukraine
Links for the day
Intercontinental Brigading - Part XXI - Techrights Was Right, So Why Was It Punished by Lawfare While the Culprits Walk Away Scot-free?
Techrights did a public service, cautioning about real risks to the public, but the people who caused the problems walk away scot-free
Intercontinental Brigading - Part XXII - Still "Radio Silence" From "Restricted Boot" Perpetrators (After Techrights Proven Right Again)
Maybe when they sober up they'll say something...
'Secure' Boot Is Not Secure, Here Are News Reports About the Latest Evidence
We'll be linking to this page in the future as evidence of the catastrophe
No, Microsoft Isn't Doing Well (It Has Struggled for a Long Time)
Microsoft isn't growing, the shares are a Ponzi scheme of sorts
What Makes Techrights a Community
Communities can accomplish a lot. They cannot be "bought" and "sold", they're based on trust, mutual respect, and shared ideology.
Linux Links 29/10/2026: Refractor Stargazing and Making Better Use of RAM in Linux
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 28, 2026
IRC logs for Wednesday, October 28, 2026
Project Glasswing and PHP2Shell vulnerability
by Akira Urushibata
Turning Point for the Slop Industrialists
First, a lot of people who work on "hey hi" at Microsoft (no matter the buzzword or brand, e.g. "copilot") are impacted
Links 28/10/2026: Slop Bubble Pops in China, Rocky Linux Creator Becomes Slopper, Openwashing by the Slop Pushers Explained
Links for the day
Gemini Links 28/10/2026: Slop Plagiarism Considered a "Weapon", "Completely restored HTML interface to the Orbital Fox mailing list"
Links for the day
The Corrupted Corporate Media is Spinning Massive Microsoft Layoffs as "Investment in AI" Instead of Evidence That "AI" Nonsense is Catastrophic
Microsoft asking 30% of its staff to leave is a sign of bubble
Links 28/10/2026: "Rest of World Faces Prospect of Shutting Down" and Robert Reich Says "Musk Wants Me Imprisoned"
Links for the day
Gemini Links 28/10/2026: Cold Outside Again and Maths
Links for the day
Intercontinental Brigading - Part XX - Restricted and Moot, or How 'Secure Boot' Turns Out to be a Disaster (Again) This Week
It already has a history of breaking/bricking servers
100 Years of IBM Racism
GAFAM is not about "diversity" or "equity" or whatever. It's a greedy, money-making venture, even if they appoint CEOs of colour
Racism at Microsoft
Microsoft tribalism has an element to it aside from corporate allegiance
Intercontinental Brigading - Part IX - Literature About Malignant Narcissists in America Silencing the Press
There's a price for criticising abuses
Compelling Examiners at the European Patent Office to Fake "Growth" (in Patent Monopolies) Using Slop and Sloppy Processes
The agenda of management is likely illegal and the methods likewise
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 27, 2026
IRC logs for Tuesday, October 27, 2026