Bonum Certa Men Certa

Patents Roundup: Reform, Case Against Linux, Microsoft Patent Trolls and More

Summary: Reform is ahead, Microsoft plays mental games against Linux, Microsoft-affiliated patent harvesters revisited and studied

Change



A patent reform bill ought to have been introduced as early as yesterday, spurring the beginning of change. This may have been delayed a little as we have not been able to identify any coverage, as yet.

Patent reform could be introduced in Congress as early as Tuesday (March 3), as high tech lobbying groups on both sides of the issue turn up the heat. Sources close to the issue said the new bill will pick up where similar bills that failed to pass in 2008 left off.

On one side, big electronics companies want to curb what they claims is a rise of frivolous patent infringement suits and damages, often from companies whose only business is to acquire and assert patents. On the other side, smaller companies and individual inventors say changes in the patent system would cut incentives to develop new technology.


Thought is also given to the issue of patents-encumbered standards over at WIPO, which is typically hostile towards Free software. Fortunately, the Bilski ruling reportedly helps the weakening of software patents. This could rescue standards and further trivialise interoperability.

In February 2009, the Board of Patent Appeals (BPAI) issued nine decisions that touched on Bilski and patentable subject matter under Section 101 of the Patent Act. In eight of the cases, the BPAI either affirmed an examiner's Section 101 rejection (five cases) or entered a new ground of rejection under Section 101 (three cases). In the remaining case, the BPAI remanded - asking the examiner to consider wether the claims were patentable under Section 101. All nine cases were related to software or electronics type applications.


Microsoft vs Linux



A few articles that are important have been published since we last summarised the TomTom case. One important post came from Harald Welte, who debunks Microsoft's claim that its case against TomTom does not affect any generic kernel. Welte makes other valuable remarks, for example:

The underlying strategy is very obvious: Make those patent licenses high enough to reduce the cost advantage of a Linux based OS over Windows CE and thereby demotivate companies from using Linux in the embedded world.

This has so far happened behind closed doors, but if you google you can find a couple of strange press releases of Asian companies buying into those MS patent deals for Linux.

[...]

I myself, as well as numerous other people in the Free and Open Source world are asking themselves how this legal action fits into the Microsoft-proclaimed Free Software friendly strategy. As you can see now, that was nothing but vapor.


Bruce Perens, one of the more prominent figures in his area, weighed in on this topic as well. Bruce Perens took shots at the lack of innovation, among other things:

Now, why would anyone want to pay Microsoft for the right to use this lackluster technology? After all, there were better filesystems before MS-DOS came along, and there are much better ones today. It's not because of the technology, but because of Microsoft's dominance of the computer business.

FAT was the filesystem provided by Microsoft systems, and thus it was on nearly all floppy disks. Apple implemented FAT to be compatible with Microsoft. Later on, all USB sticks and SD cards had to use it if they were to work with Windows. So, most removable storage came preformatted with FAT out of the box. Others implemented FAT to be compatible with Microsoft, and it became the de facto "standard" for removable media. But a standard with embedded patents, for which Microsoft is now demanding royalties.


Eric Raymond wrote some more about the case, this time with specifics delved into.

Most of the public attention has focused on the two FAT patents. Interestingly, these are not patents on FAT itself. Rather, they have to do with methods for translating between long filenames and the DOS-style 8+3 names that FAT still uses internally. They’ll read on any implementation of FAT that wants to present long names to the user, including open-source ones.

The flash-memory one could be the biggest worry in the bunch. It seems to be claiming things that any flash file system needs to do to manage its hardware. No threat to Linux on its own hardware, but it might be deployable, if upheld, to block anyone from shipping in the U.S. a Linux filesystem that manages flash devices, whether it’s FAT-compatible or not.


From Microsoft Watch:

Microsoft's lawsuit against TomTom is sure to drum up nothing but trouble.

[...]

Microsoft wants to enforce these alleged patents now? Against a Dutch company? TomTom is a problem created by Microsoft, for many reasons, with timing being the most important. The European Union is within months of whack, whack, whacking Microsoft for new antitrust violations. Linux and open source are en vogue on the Continent, where anti-Microsoft sentiments grow with each new EU antitrust investigation. Then there's TomTom being a European company.


Several useful points sent to us by a reader are:

  1. "The media is spreading this as a Linux case though it looks like the fight is over the patents on the filesystem FAT"


  2. "FAT, of all the filesystems, is particularly unsuited to flash media (e.g. CF) and if there is no major reason to be pulling chips out of TomTom and putting them into a computer, then there is even less of an excuse to be using it. Further, at least older versions of Windows were capable of using ext2 or one or two others."


  3. "The licensing [...] says that anyone may use FAT. So what we appear to have here is nothing more than a harassment suit, probably for the purpose of FUDing."


A Microsoft executive is meanwhile attacking the notion that open source is about... well, anything more than just cost. The "Free" in F.O.S.S. is not about cost, though.

"NOT ALL OPEN SOURCE is free" spluttered Microsoft's Kevin Turner defensively when the INQ asked him what the Vole planned to do to stay competitive in today's software market.

Forcefully stating that the concept of "free open source" was a fraudulent one, Turner said Microsoft has, "a better value proposition" than the sorcerers, but that the Vole still held the "highest regard for open source".

[...]

He neglected to mention if these "smart ways" involved suing the pants off more Linux distributors in the near future, however.


Microsoft Enderle sings this same tune about the TomTom case not having to do anything with Linux. Other Microsoft employees (or Microsoft-sympathetic bloggers) do the same thing because they want to entice FOSS developers, bringing them over to Windows while attacking Linux 'kindly' or "by accident". Here is another option.

Microsoft still sponsors OSBC [1, 2, 3, 4, 5, 6] and also OSCON [1, 2, 3, 4, 5, 6, 7, 8]. So, the company which sues Linux/open source also wants to share a bed with GNU/Linux advocates, despite it become the next SCO. Microsoft believes such actions can ruin or dilute conferences, such as Apple/Mac events. Similarly, there are reporters who are helping Microsoft 'hug' open source developers; for example, Elizabeth Montalbano from IDG/IDC [1, 2, 3, 4, 5].

Her beat includes corporate and competitive coverage of Microsoft Corp., browsers, office productivity suites, Windows and Windows Live. She also covers Linux and general news and events as they happen in New York City.


Be careful what you read and believe. These people sometimes get hired by Microsoft. Caution is advised when sloppy journalism is trying to wed FOSS developers with Windows and Microsoft. It's being published in Microsoft-funded platforms too (c/f the IDC connection).

(Microsoft) Patent Trolls



One reader has given us information about the patent-trolling business that's brewing in Washington state. Acacia's connections with Microsoft [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11] may not mean much, but the company continues acquiring very silly patents that should have never been granted in the first place and then uses them to sue.

“It will seek returns for these investments.”Acacia has just acquired a patent on interactive mapping and speaking of interactive maps, here is an interesting map of Acacia Partners, with a similar one for Intellectual Vultures[sic] (a patent troll created/conceived by Microsoft). The founder, Nathan Myhrvold, is associated with DreamWorks, which as we showed recently, is associated with Microsoft's cofounder too. There may be other overlaps to be found there and it may be important because this patent troll keeps growing in terms of scale with further acquisitions (the latest example being Telcordia Technologies). It will seek returns for these investments.

Given the sorts of payments we've been seeing, it's worth keeping an eye on money flows. An informant tells us that based on a look-up applied to street address, "it's always interesting seeing what companies occupy the same building." For example:



Additionally, there is Bill Gates' own patent harvesting firm, which is based around the same area [1, 2]. Things are more interconnected than the public is led to believe.

Microsoft cronies



Other News



Patents -- including software patents -- can pass considerable costs downstream to consumers. As new and damning evidence of this:

The CUT-FATT petition said that American consumers pay $20 to $30 per television receiver for intellectual property rights that would cost about $1 elsewhere.


Over video playback, a lot more litigation exists. Latest example:

Beeney's clients claim that Lenovo knowingly violated their patent on a type of compression technology called MPEG-2, which is used in everything from DVDs to satellite television. (MPEG-2 compresses data into a more manageable form. Without it, an analog movie converted to DVD, for instance, would require dozens of disks.)


MPEG-2 is also a known and somewhat controversial issue to GNU/Linux users. It's really time to insist on Ogg.

Microsoft and Dell are being sued for an address lookup patent; therein, BT as well goes aggressive with patents. The combination of tagging with speech turns out to be a ludicrous patent and it's earned by Nokia which continues to prove that it's interested in software patents [1, 2].

Credit card transactions over the telephone have become a patent too, which is now being used against Visa and there is more coverage in TechDirt. Here is a patent on secure domain names -- the type of patents which stifle Web security rather than promote it. We wrote about this sensitive subject before [1, 2, 3].

"I would much rather spend my time and money and energy finding ways to make the Internet safer and better than bickering over patents."

--Dean Drako, Barracuda's CEO

Recent Techrights' Posts

Links 16/06/2026: UK to Restrict Access to Social Control Media; The FCC Wants to Eliminate Burner Phones
Links for the day
Microsoft May Already Be Shutting Down More Gaming Studios
the writings are on the wall: XBox is in disarray.
 
In Africa's Largest Nation Windows Has Fallen From 100% to a Lot Less, Now All-Time Lows
Let's see what happens or will happen in Algeria in 2027
Richard Stallman's Talk Due in One Hour, Here's What People Say
To Stallman, what matters is control by users and collective control
SLAPP Censorship - Part 108 Out of 200: Moving On and Moving Up
an explanation of our rich history and commitment to courageous whistleblowers
Why We Call Him Dr. Stallman
He got at least 15 such titles
United States of America: GNU/Linux Hovering Around 5% (It Started There)
GNU/Linux is turning 43 this year (in a few months), Linux will turn 35
Microsoft Promises Made to be Broken
It's a real problem and it is not limited to XBox
IBM Down $61 in Two Weeks, The Lies About Quantum Computers Didn't Last Long
IBM is an unsafe employer, not a good place to work
You Probably Don't Want to "Go Viral" in Toxic Social Control Media
Good news sites do not strive to go "viral" but to be consistently good, irrespective of "traffic"
New 'Article' in The Register MS Has Mentioned "AI" 44 Times. The Register MS Got Paid to Publish It.
Bear this in mind when seeing "hey hi" all over the news
18-Year Anniversary of Our IRC Community
As noted some months ago, trolling and abuse in our IRC network is very rare these days
Microsoft - Like IBM - is Leaving a Legacy is Emptied/Abandoned Buildings
Microsoft's LinkedIn had many layoffs recently
Richard Stallman's (RMS) Speaking Tour in Europe Coincides With Abandonment of Microsoft Windows
The message applies to all governments
Gemini Links 16/06/2026: Nazi Law of Mental Abuse and Lewis Aburrow's 3D-Printed Slider
Links for the day
Links 16/06/2026: Windows TCO and Fedora Finding Serious 20-Year-Old Holes in Microsoft Outlook
Links for the day
European Patent Office (EPO) Series: An Advisor to the President
he had recently advanced to membership of the "inner circle" of Team Campinos.
Two Weeks Ahead of July Three Studios Microsoft Plans to Shut Down Already Named
This is what happens when companies try to establish themselves on a mountain of promises and false assumptions, kicking the can down the road until payroll becomes hard to complete
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 15, 2026
IRC logs for Monday, June 15, 2026
IBM Works for Microsoft
Hours ago in IBM.com
European Patent Office (EPO) Series: The EPO's Brussels Liaison Officer
It would appear that in January 2020, Pellegrino was induced by Campinos to jump ship from the EUIPO and take up his current position as Brussels Liaison Officer for the EPO
European Patent Office (EPO) Receiving Section (RS) and Elimination of Many Roles
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO) [...] Does the EU leadership intend to tolerate this?
Microsoft's XBox is Disintegrating, Executives Are Quitting
We're basically witnessing the slow-motion "end of XBox"
Gemini Links 15/06/2026: Slop Code Benchmarked, Wireguard on NixOS and Guix
Links for the day
Links 15/06/2026: More Own Goals for the Slop Industry, Palantir Trouble in UK
Links for the day
Apple Wants Everybody to Forget About "Vision Pro" Because It Was a Giant Flop
worthless gadgets with no obvious use case/s
The Cyber Show is Adopting 'Book Form' (or Long Form Publications)
Andy and Helen nowadays invest more time in making their site faster
Richard Stallman's Software Freedom/Digital Sovereignty Tour in Europe
As things stand at present, the vast majority of people have their interactions controlled/policed by GAFAM
Estimates of Scale of Microsoft Layoffs, Will Likely Happen "in Batches"
"Heard 10 to 15 percent eventually but idk date."
IBM Has Put Red Hat on a Poor Diet of Slop, Now Fedora and Red Hat Suffocate or Choke on It
Over the weekend we saw more people leaving the company
Estimates of Microsoft Layoffs: 3,000 Staff to be Culled Just in Gaming, How Many in Other Divisions?
Now the XBox division has its own "fall guy", but it is a woman
Straw Man Arguments Against Rust
If anything, it teaches the importance of auditing packages
Tesla Debt Rose Sharply, Sales Declined, Wall Street's Claim of Tesla "Value" is Merely a Fairytale (and Not Just Tesla)
We would gladly sell land on Mars to anyone who honestly believes a company that loses money is somehow "worth" trillions in Wall Street
Stop Calling Losses "Investment"
XBox is losing money, it is a sinkhole
For Justice We Need More Speech, Not Less Speech
When you attack something you are just giving that something a bigger platform
SLAPP Censorship - Part 107 Out of 200: Keeping Law Accessible to Everybody
We'll have stories related to this in the future
Links 15/06/2026: Slop "Beg Bounties", Wall Street Fakes 'Worth', and Arkansans Saved PBS
Links for the day
Gemini Links 15/06/2026: Dating Oaks, Simulation, and Theremin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 14, 2026
IRC logs for Sunday, June 14, 2026
Links 14/06/2026: Energy Cost and Reality Strikes at Heart of Slop Bubble, 75 Data Center Build-outs "Successfully Blocked"
Links for the day
Microsoft CEO Says XBox is Not a Sustainable Business
"Now, we have to turn this into a sustainable business," he said about XBox
MElon (MUSK, Elon) is a Trillionaire Like Penguins Are Mammals
Have media outlets told the truth?
Unlikely Heroes
One personal hero who is not alive (anymore) is Navalny
Bruce Schneier Was Probably Wrong About Slop
Right now politicians who openly speak in favour of slop are committing "political suicide"
SLAPP Censorship - Part 106 Out of 200: 100 Kilograms of Legal Papers
When one party's communications and filings weigh at about 3 KG of paper and another's... at about 100 KG of paper
Links 14/06/2026: More Google Layoffs, Wall Street Deems Companies That Lose Money "Worth" Trillions
Links for the day
Gemini Links 14/06/2026: "The Universe is a Hologram", "Matrix Brain Download", and "Happy 0th Year"
Links for the day
European Patent Office (EPO) Series: Battistelli's "Baltic Crusader"
Gilles Requena, Battistelli's erstwhile "Baltic Crusader" and the loyal servant of his successor Campinos
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 13, 2026
IRC logs for Saturday, June 13, 2026