Bonum Certa Men Certa

Linux Defenders: Obeying -- Not Challenging -- a Broken System

THOSE WHO FOLLOWED RECENT posts about this subject [1, 2, 3] already know that we are not huge fans of the "Linux Defenders" initiative; not because it's ineffective but because it's the wrong way to approach the problem. It is a way that pleases big companies (and funding sources) like IBM, i.e. it keeps the things IBM likes and tackles those which it does not like. IBM is, sadly enough, not opposed to software patents. It just wants to weed out the 'nuisance' that's a by-product.



To address the Big Issues, one needs to spend less time pushing papers and more effort fighting Microsoft's (and others') expansion of software patent laws -- or alternatively back doors -- into more countries. The suppressors want universal consent that Microsoft owns all sorts of algorithms and that Free software therefore becomes illegitimate or "not free".

It used to be the same with DMCA, which expanded and expanded and expanded globally. It's about taking people's rights away, however artificially it needs to be done. (Sheesh! Just don't mention the ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16])

The following article about "Linux Defenders" reminds readers of the source of this push, which is tied to IBM and even Novell.

The whole setup was apparently the brainchild of the Open Invention Network (the OIN registered the linuxdefenders.org domain, in fact), which appears to be patent-friendly twin of Linux defenders. The New York University's Center for Patent Innovation provided some of the intellectual foundations for the group, and maintains the sites devoted to patent peer review.

Overall, this seems like a lot of effort to dedicate to simply staying out of trouble but, as the SCO case demonstrated, even spurious patent claims can keep open source software (and the companies that rely on it) tied up in court for years. Unless and until the patent system is reformed, Linux Defenders appears to be a necessary protective measure.


Here is a questionable bit from Heise.

Such projects are extremely important to the long term future of open source, which by its nature is vulnerable to patent attacks. As open source grows and gains commercial acceptance, it becomes a more tempting target for patent trolls.


Well, by OIN's own admission, this approach does not stifle patent trolls. As such, to describe "Linux Defenders" as a response to patent-trolling is totally missing the point.

Digital Majority has been very active recently because it's keeping an eye on articles discussing the patentability of software, e.g.:

  1. Patents Act 1977: Patentability of computer programs


  2. What "as such" means, what it really, really, nearly means ...


EurActiv has been peddling a lot of Microsoft-serving agenda recently. It seems to be ushering a system that would potentially contaminate EU law with the sordid chaos that's the USPTO.

Several days ago we wrote about one example (ACT, a Microsoft shill, pushing for software patent loopholes in the EU), which Glyn Moody finally comments on as well.

The ACT seems to think that the patent system works so well in the US, that Europe absolutely must ditch its own quaintly fragmented approach, and adopt a nicely unified one closer to the Stateside model.

Pity, then, that books like Patent Failure provide hundreds of pages of incontrovertible evidence that the patent system there actually costs more money – in terms of litigation – than it generates for patent holders, with the possible exception of the pharmaceutical industry (and we all know what paragons they are, especially in their licensing terms to developing countries.)


EurActiv is now offering a full interview with a known Microsoft mouthpiece [1, 2, 3, 4, 5, 6, 7, 8]. Microsoft is not even mentioned in the form of disclosure in this article and Jonathan Zuck keeps pretending to be a representative of small businesses, which he is not.

Fragmentation of the EU's single market and particularly its patent system represent major obstacles to innovation, which is mainly driven by SMEs, Jonathan Zuck, president of an association representing more than 3,000 small and mid-sized IT firms from around the world, told EurActiv in an interview.


How many of these "3,000 small and mid-sized IT firms from around the world" actually fund Jonathan Zuck and ACT (or other shells)? On the face of it, none. This is not the first time that large businesses like Microsoft and their lobbies steal the voices of small ones.

These hired guns from ACT have even released a 'study' and it's worth remembering who funds them.

There is a new page in "Worst EU Lobby Awards 2008". ACT is not alone then.

There has been a broad discussion about his role in the debate about software patents in the European Parliament. Lehne has been one of the MEPs pushing for software patents, while Taylor Wessing has a large patent group and advises clients on patenting strategy in the software sector. Lehne has argued that he wasn’t involved with any companies engaged in the patents debate in his work as a lawyer. But still he is a partner in a law firm that boasts that its “patent group is one of the strongest, largest and best known in Europe”.


In conclusion, lobbying is to Microsoft what flying it to a bird. And it continues to this date. "Linux Defenders" is handling small potatoes whilst some big animals in the back yard are messing up with all the plantations. The "defenders" deal with grains, not crops.

In order to step up and resolve this litigious problem, people must never be led to believe that the cure lies in probing of patents one at a time while praying that laws will stay the same and hostile peers will be merciful. History is not forgiving.

Laws constantly want to be changed because companies and fortune holders always strive to elevate their level of power and control. As Richard Stallman once said, "geeks like to think that they can ignore politics, you can leave politics alone, but politics won't leave you alone." He also said that "fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria" and, to summarise more generally, "value your freedom or you will lose it, teaches history."

Lincoln_address 1958

Comments

Recent Techrights' Posts

Links 29/04/2026: "Snowden Affair 13 Years Later" and "Landmark Data Center Pause"
Links for the day
IBM is Already Doing 'Voluntary' Layoffs This Year in Europe ('Buyouts' Ahead of Mass Layoffs)
IBM's efforts to hide or belittle layoffs is noteworthy
Like GAFAM, US Telecom Industry Has Severe Debt Problem
Maybe their real problem is true profitability
Latest Example of False Marketing by Anthropic
Like Scam Altman, they're better at buying publicity (paying for hype) than they are at delivering something of genuine value [...] That has the full make-up of fake news and a publicity stunt
IBM: From RAs to "Workforce Re-balancing" (New Names for Mass Layoffs)
Well, "workforce re-balancing" means "RAs", which is a misleading acronym IBM has devised to soften if not hide mass layoffs.
Microsoft's Grip Has Slipped, Market Share Steadily Declining
This is why Microsoft is having financial issue
 
Slop Has a Long Way to Go Before It Gets Basic Facts Right
Please do not rely on slop for anything
The Corrupt Lecture the Non-Corrupt - Part IX - European Patents That Are Illegal (But Serve Non-European Monopolists in Exchange for 'Quick Cash')
People who shamelessly violate the European Patent Convention (EPC) have the audacity to lecture workers on "ethics"
Canonical is Selling You, Ubuntu is a Data-Collecting Platform
Canonical is looking for money in the wrong places
Seems Like Only Techrights Covered IBM Laying Off About 33% of Confluent Staff
How can such a large round of layoffs evade today's media?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 28, 2026
IRC logs for Tuesday, April 28, 2026
Gemini Links 29/04/2026: Bad Diet, New Middle Ages, and Temperature Model
Links for the day
Tracing Back the Misuse of the Word "Buyout" to Describe Merciless Mass Layoffs
So we can assume very large Microsoft layoffs are on the way, this time not spun as "buyouts"
Growing the List of Sites That Are Rogue
It's very important to raise and spread awareness of which ones are fake
Links 28/04/2026: Uganda Criminalising ‘Foreign Agents’ and China’s Economy "Starts to Show Cracks"
Links for the day
Anthropic and Claude Are National Security Risks Not Because of Politics But False Marketing and Vandalism, Plagiarism Sold as Innovation
The slop hype is causing severe damage
Gemini Links 28/04/2026: Misfin, ELPiS, and Developing Another Gemini Client
Links for the day
US Government Sites See More Traffic From Apple Devices Than Microsoft Windows PCs
Keep this in mind when Microsoft talks about mass layoffs while calling these "buyouts"
Layoffs Versus Buyouts
Microsoft has mass layoffs and those target the most experienced people in one of the best-paid locations
Aaron Hillel Swartz Would Have Turned 40 This Year
Aaron Swartz killed himself in 2013
The Trumps Are Making Jimmy Kimmel More Famous and Popular
Comedy has long been "controversial", but trying to get people sacked for the 'wrong' joke results in having no comedians or only pseudo-comedians who are the dictator's jester/joker
Links 28/04/2026: Microsoft's GitHub Upselling After Two Leaders Jumped Ship (Losses Pile Up), "Inflation Jumps," and More
Links for the day
SLAPP Censorship - Part 60 Out of 200: Talking About Corruption at Microsoft and Arrest for Strangulation is "Malice"
At the moment Brett Wilson LLP has no new clients
The Corrupt Lecture the Non-Corrupt - Part VIII - "Red Line" When the European Patent Office (EPO) President Sleeps With Sister of "Cocaine Communication Manager" (Whom He Unconditionally Protects)
If only management took its own words (idealistic pontification) seriously
IBM Laying Off Thousands of Workers Again, Based on Q1 Earnings Call
under the guise of "workforce rebalancing" we are again seeing that IBM plans to pay people (severance) to leave
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 27, 2026
IRC logs for Monday, April 27, 2026
Gemini Links 28/04/2026: Good Sunrise Viewing and Self-hosting from Home
Links for the day[1;5C
Microsoft Insiders: If You Don't Take the Lousy Severance-Like Offer, They'll PIP You Out (Microsoft Signals to People Over 40 That They'd Better Vacate the Place)
Microsoft targets its most experienced (read: expensive) workers
"AI" 16 Times in One 'Article'. The Register MS Got Paid to Post This Spammy, Promotional Piece of Slop.
Pay closer attention to who pays and who gets paid
Links 27/04/2026: Chernobyl Disaster at 40, "Heartbreaking" Decline of Australia
Links for the day
Gemini Links 27/04/2026: Gopher Catchup, MNT Reform, and Injuries
Links for the day
Red Hat Circling Down the Slop Drain
IBM, governed by slop fanatics, is going to do a lot of damage
Slop is an Addiction, Its Users Find It Addictive
please do not tolerate people who slop
The Corrupt Lecture the Non-Corrupt - Part VII - Secrecy at the EPO (Regarding Cocaine and Nepotism) Has Undermined Trust in Management
If Europe's second-largest institution is run by the "Alicante Mafia", does this mean that other key European institutions are "Mafia"?
SLAPP Censorship - Part 59 Out of 200: Mentioning the Fact Alex Graveley Arrested and Charged for Strangulation in Texas is "Reckless" and "Malicious", According to His 'Hired Guns' in London
it was framed as "malicious"
Links 27/04/2026: Strikes, Corruption in Spain (Spanish PM Sanchez' Wife), and YouTuber Faces Jail Time
Links for the day
Gemini Links 27/04/2026: Gopher Catch-up, Year of Contentment, and Path to Freedom
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 26, 2026
IRC logs for Sunday, April 26, 2026