Bonum Certa Men Certa

Patents Roundup: Microsoft, RAND, Extortion, and Ending Software Patents

Novell newspaper



THERE ARE some bad news and some good news this week. We'll begin with some of the bad.

Microsoft Against Free Software



Microsoft has just entered a extortion licensing deal with 123map.

Microsoft Corp. and 123map GmbH & Co. KG, a supplier of high-quality geographical services, announced a patent licensing agreement that will enhance 123map's ability to bring digital point-of-interest mapping technology to its customers.


The text above is pseudo-journalism, recasting a press release [1, 2]. The press release also comes from Redmond and it more or less tells which side is winning.

According to this report, there might be an element of open source software involved.

Microsoft in pact with semi-open source map maker



[...]

"123map's products are developed with a diverse mix of proprietary and open source software, and this business agreement is a testament to the importance of mutual respect for IP, regardless of development models," Microsoft officials said in a statement today.


Once again they label "open source" a "development model" (nothing to do with rights or freedom) and they use the term "IP" in order to blur the gap between copyrights, trademarks, and software patents in this case. Why does a German company engage in such a deal? Are these patents legitimate over there at all?

Another brow-raising development comes from AXIGEN, a Romanian collaboration server company that is (or was) focused on BSD and GNU/Linux. It is joining something which is called "Microsoft's Empower Initiative for ISVs."

AXIGEN (http://www.axigen.com/), the professional messaging solution vendor, announces it has joined the Empower for ISVs (Independent Software Vendors) initiative, partnership program designed by Microsoft (http://www.microsoft.com/), worldwide leader in software, services and solutions. Empower combines deep industry knowledge, useful tools, powerful research expertise and innovative thinking aimed at supporting global business growth.

[...]

Winner of the ServerWatch 2007 Product Excellence Award for the Communications Server category, AXIGEN Mail Server features a carrier class technology and outstanding support. Now at version 6.2, AXIGEN runs on several Linux and BSD distributions, on Solaris, on Windows operating systems, on PowerPC and SPARC architectures and is becoming the messaging solution of choice for a growing number of service providers and enterprises worldwide.


This has nothing to do with patents, but it's another timely example of Microsoft co-opting rivals.

Ambush/Abuse



The nuisance which is Rambus [1, 2, 3] has been leeching off its competitors using patents that it hid inside standards. The European Commission did strike back with accusations, but over in the United States it has been a subject of active debate. Well, sadly enough, Rambus eventually got its way.

The Supreme Court rejected the US Federal Trade Commission's request to resurrect antitrust accusations the District of Columbia Circuit tossed out in April. Its latest rebuff effectively kills the regulator's seven-year saga against Rambus for allegedly monopolizing four key technologies found in DRAM chips.

The FTC accuses Rambus of deceiving the memory standard-setting group JEDEC (Joint Electron Device Engineering Council) by not disclosing its intentions to patent technologies that would become part of the DDR SDRAM specification.


This important development which can serve as precedence is also covered in:



"That's great news for Microsoft," writes Jose. They have sneaked patents into formats like OOXML, which they committed many crimes to make standards.

Europe



Philips is one of the most vicious lobbyists for software patents in Europe. It even uses 'attack dogs' to do its extortions [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. Well, Digital Majority has just found this text from Philips regarding the Enlarged Board of Appeals referral [1, 2, 3, 4, 5, 6, 7, 8]. It says:

Observations: In view of the above discussion on the statutory background, the examples in Article 52(2) EPC should be understood in the light of the principle that all technical inventions are patent-eligible, while all non-technical subjects are not. So, it is not relevant whether some computer-related wording is used in a claim, as the question that needs to be answered is whether the claim relates to a technical invention. Moreover, it is not that relevant whether a claim in the area of computer programs avoids exclusion under Article 52(2)(c) and (3) EPC by using some smartly chosen wording, as it still needs to be new and involve an inventive step in order to be patentable. As has been aptly mentioned in T 154/04, only technical features can contribute to novelty and inventive step, so that there must be technical features that distinguish the invention from the prior art in a non-obvious way.


Also in Europe -- the spats-thirsty lawyers from IPKats are trying to force software patents upon the UK using ZDNet as their platform. Glyn Moody rebuts.

Professionals who work in the field of intellectual monopolies have a problem. Most of them are quite able to see there are serious problems with the system, but since their entire career has been built on it, they can hardly trash the whole thing. Instead, they not unreasonably try to come up with a "reasonable" compromise.

[...]

There are simply *no* good reasons for software patents, and hence no justification for halfway houses, however reasonably framed, and however intelligent and reasonable the framer.


Economics of Software Patents



Another good find from Glyn Moody is this paper which shows that patents decrease innovation and therefore harm consumers.

This work basically shows that recent attempts to introduce intellectual monopolies into science in order to "promote innovation" have actually been counter-productive.

[...]

In this context at least, it's openness that leads to more innovation, not its polar opposite.


Some people are still trading software patents. This trend leads Mike Masnick to asking some hard questions.

The Chicago Tribune has an article claiming that intellectual property sales are "growing" despite the recession, as companies look to sell off what they're not using. Except... the article doesn't present any evidence whatsoever


End Software Patents



There are two strands of news in this area; first is the Free Software Foundation's support for the second phase of EndSoftwarePatents.org. This attacks the problem at its root.

The Free Software Foundation today announced funding for the End Software Patents project to document the case for ending software patents worldwide. This catalog of studies, economic arguments, and legal analyses will build on the recent success of the "in re Bilski" court ruling, in which End Software Patents (ESP) helped play a key role in narrowing the scope for patenting software ideas in the USA.


This also appears here and Glyn Moody sets his sights (probably hopes) very high:

Here's to Phase III: victory.


The EFF is doing its own share of activism and reporting, as well. It typically targets one patent at the time as opposed to the system which makes them possible in the first place.

In April 2007, as part of our Patent Busting Project, we asked the U.S. Patent and Trademark Office (PTO) to revisit its decision to grant NeoMedia a patent that broadly claimed to cover database lookups using things like barcodes. In October 2007, the PTO agreed to take another look, and last July, it issued an initial opinion that all 95 claims of the NeoMedia patent were invalid.


The next battleground for Free software is likely to be legal, not just technical. Programmers prefer to focus on technical aspects alone, but ignoring all those 'peripheral', man-made aspects does not mean that they will magically disappear. The maximalists always work on new laws to protect their monopolies and banish their competition.

"Value your freedom or you will lose it, teaches history. "Don't bother us with politics," respond those who don't want to learn."

--Richard Stallman

Comments

Recent Techrights' Posts

When You're Evil and You're Publicly Attacking Something, That Something Will Become More Popular
when an oppressor becomes openly oppressive and does anything to squash/censor critics, the outcome will typically be detrimental to the oppressor
 
Claims of Mass Layoffs at IBM (in Finance)
IBM tries hard to maintain an illusion of normality - to the point of viciously censoring critics and whistleblowers.
The Slop Bubble (Pyramid Scheme) is Becoming Bigger and Everyone Should be Terrified (Its Implosion Will Cause More Damage)
there's no plan for a turnaround
Microsoft and Apple Lose Ground to GNU/Linux in the United States
This contributes a lot to the international curve
Escaping Ads
When users do not want ads, then no ads should show up, period
For Second Year in a Row Software Freedom Conservancy (SFC) Loses Money (Over $3,000,000 Lost in 2 Years), Bradley M Kuhn Steps Down as Treasurer
lost almost $600,000 last year
Microsoft/GAFAM Operating at a Loss
Microsoft has financial problems
Nigel Farage crisis: Taylor Swift & Jeffrey Epstein both shunned cryptocurrency bosses
Reprinted with permission from Daniel Pocock
statCounter Now Sees GNU/Linux "Market Share Worldwide" at 9.21%, Soon 10%
If this data is more or less accurate, it's time for panic at Microsoft
Rumours of Impending Mass Layoffs in IBM's Yorktown Office, Impacting the LLM (Slop) Staff
Bubbles never last forever, hence their name
Links 10/08/2026: "Long COVID Linked to Lasting Damage in The Brain's Dopamine System", Microsoft’s Weather App Uses Over 1,000 Megabytes of RAM
Links for the day
Software Freedom Conservancy (SFC) Does Not Support Women, It Imitates Authentic Organisations, Embraces Misogynists, Then Projects
They try to monetise for personal gain at the expense of unpaid volunteers
Links 10/08/2026: "Against Oligarch" and "The Invisible Women"
Links for the day
Social Control Media Deathwatch: After Nearly a Million Posts Sent EchoFeed Shuts Down
EchoFeed is hardly unique
When the LLM Chatbots Industry (Trillions in the Red) Quits Paying the Media for FOMO
fear of missing out, or FOMO for short
Microsoft Killing Morale
branding the process “inhumane” and “demoralizing”
Google's "AI Overview" as Proprietary Censorship Engine and Gatekeeper
People do not choose to use this, Google is just shoving that in people's faces, encouraging laziness and misinformation
SLAPP Censorship - Part 145 Out of 200: They Tried Hard to Hide the Fact Their Client Had Been Sued, Twice Even
A month ago Brett Wilson LLP tried to take my wife "to the side" (in effect isolated) to make her an offer
statCounter: GNU/Linux Up to 8.95% Globally
So the estimates are being "corrected" upwards, not downwards
Explaining How Someone Attempted to Cancel RMS This Year (and Failed)
The process itself involved debunking some falsehoods
Microsoft's "XBOX Ranks Last", IBM is Headed for Extinction
If Microsoft cannot dominate its own "home turf", what prospects are there elsewhere?
DebConf6 fight denied by Google artificial intelligence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 09, 2026
IRC logs for Sunday, August 09, 2026
Gemini Links 10/08/2026: A Mild Monday, Sleepy Saturday, OUYA, and Moving to GNU/Linux
Links for the day
Links 09/08/2026: US Blackouts (Energy Wasted), Slop to Evade Accountability, and Software Patents Framed as "Hey Hi"
Links for the day
Gemini Links 09/08/2026: Parakeets in Britain and Rant About 'Modern' Washing Machines
Links for the day
Links 09/08/2026: Social Control Media Weaponises Immigration, Europe Suffers Severe Drought, and "Internet of Stuff" Explained
Links for the day
SLAPP Censorship - Part 144 Out of 200: The "Hired Guns" ("Media" at BW) Shrank Almost Three-Fold Since They Sued Us in 2024
No wonder they're so visibly outnumbered
10 Days Ago Red Hat Formally Terminated Employment of About 500 Technical Workers (the Media Didn't Mention This)
IBM has nothing left to do except fire people (in secret) whilst attacking sites that give these people a voice
Freenode Continues to Shed Off Servers and Users, Good Thing We Abandoned It
you cannot sell communities. It leads to chaos
Daniel Pocock in the Sunday Times (Today)
Expect the attacks (from Pocock's haters, motivated by envy) to intensify
Controlling One's Platform
We need to strive for or actively pursue a Web where everyone has their own platform/s and where censors ("moderators") have no direct control over these platforms
Improving the Static Site Generator (SSG), Fixing Bugs
Next month the site's SSG turns 3
Gemini Links 09/08/2026: Meatballs (1979), Gopher, RSS Experiment
Links for the day
2026: The Year Richard Stallman Came Back to American Campuses
There's more on the way
IBM's "Next Step" Program
Apparently close to 1,000 people being laid off by IBM wasn't worth reporting
XBox is Rotting Away, Technical Issues for Second Time in Two Weeks
XBox is dying
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 08, 2026
IRC logs for Saturday, August 08, 2026
Red Hat is in Need of a 'Jolla', as an IBM-Controlled Red Hat is Becoming Like the Microsoft-Infiltrated Nokia
Dying fast, partly by design
Gemini Links 08/08/2026: Gigs, Poems, SREs, and Shared Passion
Links for the day
If GNU/Linux Rising is Just "Bots" (It's Not, Many Surveys Show the Same), Why Does Microsoft Rush to Lie About System Requirements of Vista 11?
The real reason is, GNU/Linux is rising
Kompromat Tactics in GNU and Linux
Kompromat as a concept was covered here in the past in relation to Microsoft
SLAPP Censorship - Part 143 Out of 200: After Nearly 10 Attempts to Settle With Us and Over a Million Pounds Spent on Lawyers and Barristers
We are in no particular hurry
20 Years and 43 Years
GNU/Linux is not just code, it's a philosophy, licence (copyleft), and community
GNU/Linux Turns 43 Next Month, Many Distros Actively Maintained
A lot of Debian-based distros are still actively maintained (we talk about this in IRC this evening), so the stability of the Debian Project is important
Links 08/08/2026: GAFAM Colonialism "Paved Over Protected Wetlands", Slop Companies Hoard Software Patents as Debt Soars to Trillions
Links for the day
Links 08/08/2026: "Palantir Paid No Federal Income Tax" and "Who's Responsible for This Mess?"
Links for the day
Retained: The Time IBM's Red Hat Tried to Hijack or Take Offline Site of Critics, Failed on All Grounds (Meritless Action Intended to Harass Critics)
Replicated from adrforum.com
IBM's 'Final Solution': Censor Sites Not Controlled by IBM, Sites Where Dissent is Expressed
IBM has no culture of free speech
More Mass Layoffs Coming IBM's Way (Ones IBM Cannot Hide, Cannot Convince Enough People to Leave or Unjustifiably PIP Them When They Say No)
The company that was like a "father of modern computing" is now stingy when it comes to travel. Not a good sign.
What Will it Take for Mainstream Media to Report Silent or Secret Layoffs at IBM?
"Silent" or "secret" sometimes because the media won't cover them
Is the Future of IBM Red Hat Temporary Staff, Contractors?
They want cheap, obedient lemmings
Gemini Links 08/08/2026: Tribute to Lloyd Center, Radio Amateurism, Homeworlds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 07, 2026
IRC logs for Friday, August 07, 2026