Bonum Certa Men Certa

Patents Roundup: TomTom, Microsoft, Patent Trolls, Red Hat, IBM, Google, Bilski and Reform

Summary: An accumulation of many important analyses/developments that have occurred over the past couple of days

TomTom Case Revisited



IN PREVIOUS POSTS about Microsoft's lawsuit against TomTom [1, 2, 3, 4], clear motives were sought after and explanations given with regards to the TomTom choice as a litigation target. One of those explanations was echoed by Linux Magazine a couple of days ago:



I’m not sure if this tactic will stand up in a court of law nor will we be finding out anytime soon. Why? Because TomTom doesn’t have the money to fight MS.


If TomTom had refused to fight and instead just settled (perhaps due to lack of options), that would have a hugely negative effect on Linux. It makes it likely that Microsoft picked on the feeble on purpose. But a more interesting explanation may have actually come from Jeremy Allison, whom we interviewed 2 years ago. Glyn Moody summarised his argument as follows:

The question now is what Microsoft hopes to achieve by bringing this lawsuit. A fascinating explanation is provided as a comment to my original post from Jeremy Allison. He's one of the leaders of the Samba project, and knows more than most about how Microsoft thinks and operates, since he's been heavily involved in the EU's efforts to get interoperability information from the company. Here's what he wrote:

What people are missing about this is the either/or choice that Microsoft is giving Tom Tom.

It isn't a case of cross-license and everything is ok. If Tom Tom or any other company cross licenses patents then by section 7 of GPLv2 (for the Linux kernel) they lose the rights to redistribute the kernel *at all*.

Microsoft has been going around and doing these patent cross licensing deals with companies under NDA's so they never come to light for *years*.

That was the whole point of the Novell deal - Microsoft lawyers finally thought they'd found a way to *publicly* do these cross licensing deals and get around the GPLv2, but the GPLv3 put paid to that.

Tom Tom are the first company to publicly refuse to engage in this ugly little protection racket, and so they got sued. Had Tom Tom silently agreed to violate the GPL, as so many others have, then we'd only hear about a vague "patent cross licensing deal" just like the ones Microsoft announces with other companies.

Make no mistake, this is intended to force Tom Tom to violate the GPL, or change to Microsoft embedded software.

[...]

So it turns out that the TomTom lawsuit goes to the heart of Microsoft's attacks on Linux, and its effort to stop people using it in embedded systems – an increasingly popular option, and one, therefore, that is increasingly problematic for Microsoft.


It is not particularly surprising that as Microsoft terrorises many companies out there, patent deals are being quietly signed. SJVN dramatises it a little too much using the headline "Linux companies sign Microsoft patent protection pacts."

I dug this up during an e-mail discussion with Horacio Gutierrez, Microsoft's corporate vice president and deputy general counsel of intellectual property and licensing, Gutierrez said, "We have a history of licensing the patents in this case through patent cross licensing agreements with other leaders in the car navigation space, including Kenwood, Alpine and Pioneer, and through our FAT LFN (File Allocation Table/Long File Name) patent licensing program, where we have 18 licensees to date." This is being done under Microsoft's FAT LFN File System Licensing Program.

[...]

The most important reason why the specifics of these deals are under NDA is that any company doing a patent cross license without covering its downstream recipients, i.e. users, is a direct violation of GPLv2 section 7, and is even more explicitly a GPLv3 violation. In other words, if a company admitted to signing such a deal, it could not legally distribute software or hardware using Linux, licensed under the GPLv2, or Samba the file/print server licensed over the GPLv3.


Despite all of this obvious abuse, there are always goons who are trying to bind Microsoft and Free/open source programmers together. They are very dishonest at times.

We mentioned Elizabeth Montalbano the other day, but IDG, which relies on Microsoft as a large revenue source [1, 2, 3, 4, 5], also employs others who quite often deceive, e.g. this writer.

Nancy Gohring is an IDG News Service correspondent based in Seattle, WA. She covers mobile phones, Microsoft and technology companies in the Pacific Northwest.


There is rarely sufficient investigation into the side which is not Microsoft, even when the articles are about Microsoft's competitors or victims.

One of Microsoft's sympathetic bloggers, Todd Bishop, tries to deflect attention away from Microsoft's patent misbehaviour using a cartoon. It's worth keeping track of who serves whose interests because the media is biased against Freedom, which does not pay the bills of publishers (separate from writers and editors, whose interests are likely separate and well intended).

Patent Propaganda



Stepping aside for a moment, it is worth remembering that without promotion of monopolistic values, a lot of this would not be possible and therefore would not happen in the first place. Over the years -- for decades in fact -- companies have been trying to rewrite laws so as to empower themselves further; by means of coercion and suppression, unions have been weakened to allow this. The media is no exception to this rule (it is, after all, just business), so there is apathy of convenience from that direction too.

As we showed last week, Microsoft is very busy rewriting laws in Europe [1, 2, 3]. It is trying to describe Free software as something "criminal". Yesterday this led to protests and not even reporters from the Microsoft-influenced ZDNet were impressed by the bash that Microsoft had thrown to brainwash European politicians.

Why does Microsoft call its big EU lobbying-party an Innovation Day? When a big company puts on a show in Brussels to get the ear of government, it seems more like business as usual to us

Today, Microsoft gathers several hundred of the EU elite to an Innovation Day in Brussels. It seems reasonable to ask what innovation there will be there.

Yes, there's Microsoft's Surface - aptly satirised on Youtube by SarcasticGamer as "a big-ass table" (and perhaps not the sprightliest answer to the iPhone). But the rest is given over to a crew of Microsoft partners who - from the online brochure, are very worthy, but don't seem to have a lot new to say (but, non-Microsoft readers, please do tell me if you're excited by anything there).

The programme has an ironic session on Intellectual Property - ironic because Microsoft is currently using its software patents to threaten the open source world in not-very specific terms. The current lawsuit against TomTom starts to get to specifics, but seems very clearly to be directed at stifling innovation.

It's also ironic to see EU commissioners on the programme, given the EU's history in nailing Microsoft as a monopolist.


Transmeta's imaginary assets were acquired by one of Microsoft's patent trolls and an informant sent us this pointer to the press release [PDF]. Despite it being old news, we are told that it "fits all in the pattern of current litigation news: Red Hat, TomTom, Google.

"And don't forget that Transmeta employed Linus Torvalds," says the person whom we spoke to.

Let's look in turn at some litigation against Google and Red Hat, based on the very latest news.

Patent Trolling Against Google



Microsoft's constant attacks on Google are very distasteful [1, 2, 3, 4, 5]. For a fact, they involve Microsoft urging companies to sue Google.

Google has come to the point of publicly complaining about patent trolls and the patent system in general.

Consider this: Of the 20 patent lawsuits filed against Google since late 2007, all but two have been filed by plaintiffs who don’t make or sell any real product or service — in other words, by non-practicing entities or “patent trolls.” Most of these cases seem to feature the same small set of contingent fee plaintiff's lawyers asserting patent claims against the same small set of companies. We've also noticed a more disturbing trend: in many of these cases, the patents being asserted against us are owned by — and in a surprising number of cases, are even “invented” by — patent lawyers themselves.


The Stop Software Patents initiative summarises some of the key points from the above.

Google has published a statement on their Public Policy Blog stating that 90% of companies suing them for patent infringement were non practicing entities, or patent trolls. Google goes on by clarifying that in lots of cases, the patents are "invented" by the patent lawyers themselves.


According to Google, many of these patents and laws seem to be coming from patent lawyers, not engineers. Moreover, there is a surge of lawsuits against Google, the vast majority of which come from patent trolls. May something or someone be encouraging this?

Red Hat and IBM



A couple of days ago, Red Hat was sued over patents. Yes, again. Ars Technica has some more details preceded by background and IBM too has just become a victim.

Software company SuperSpeed LLC on Monday added a claim of willful infringement to its lawsuit accusing IBM Corp. of infringing five patents related to computer data caching.


One of our readers, tacone, showed us this comment. It begs for the question: what can (or should) IBM do about a torrent of lawsuits, especially those that jeopardise GNU and/or Linux?

MS actually jumps on quite a few patents held by IBM and Novell in the Unix world.

Attempt to sue linux users, and IBM, Novell et al will quickly get the lawyers out.

Can you imagine IBM forcing a "Cease and Desist" order on ALL MS Windows sales, then demanding full source code disclosure so that windows can be ripped apart line by line, so that IBM can then dismantle all code owned by them from the windows platform?

IBM and Novell could destroy the windows platform with ease, where as the worst than can happen to linux is that all current source code is modified to remove/put outside all code that breaks patents in the US, but make it all available outside the US, where none of this matters.


The debate is a little complicated. For starters, IBM cross-licenses with Microsoft, so to sue would be almost impossible unless Microsoft somehow decided to sue IBM, not TomTom (Microsoft targets companies with whom it has no licensing). In addition, IBM is a supporter of software patents, even in the EU.

SFLC Rearms



The SFLC is looking to hire a patent lawyer, which raises some speculations right now.

The Software Freedom Law , a New York based not-for-profit legal services organization that provides legal representation and other law-related services to protect and advance Free and Open Source Software (FOSS), seeks a registered patent attorney passionate about defending software freedom.


 

The Software Freedom Law Center is moving closer to joining the defense of TomTom, having posted a want ad for a patent attorney at its blog yesterday...

At the same time skepticism is growing over whether this is the right legal fight for open source, with Matt Asay all but accusing TomTom of high tech panhandling.


The FSF, much like the SFLC (there is glaring overlap therein), is no friend of Microsoft, but with revisionism [1, 2, 3, 4, 5, 6, 7] and posturing Microsoft is trying to lure people in. Matt Lee explains what Microsoft is up to.

Microsoft comes to the Boston area, like a bad uninvited dinner guest in this guest blog by Mark Northfist.

When you visit Microsoft's web site for New England Research & Development Center you don't get a sense that it is a part of a 30 year old multinational proprietary corporation with a bad track record when it comes to user freedom and community support. In fact, the site could be called hip and sleek, with an emphasis on small teams, the local community, and innovative research. The site shows pictures of the new office, which features glass walls that don equations painted on them. Almost weekly they are featuring meetups for the tech community at their office, and they are clearly putting money and effort into local collaborations with MIT, museums, and other organizations. And, despite laying off hundreds elsewhere in their organization, they are actively recruiting to their Cambridge office, with an advertisement campaign that takes over multiple subway stations in the Cambridge area.

But, we aren't fooled. As one local Blogger puts it, Hey Microsoft, welcome! I know you have a history of anti-trust activities and monopolization, so why don’t you go ahead and show us your friendly new image by taking over every square inch of advertising real estate in Harvard Square!


Software Patents May be Invalid



A patent system that is corrupted beyond recognition seems unwilling to mend itself amid the arrival of a disappointing patent reform bill. We have produced an HTML version of this bill (thanks to Tony Manco) and we are at least encouraged to see that the Bilski ruling alone [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14] did more good than any ludicrous bill probably ever could.

Glyn Moody notes that software patents are being ruled out with an explicit mention of the Bilski case.

There have been a number of important cases on both sides of the Atlantic concerning the patenting of software recently. In the UK, there were two cases, both initially rejected.

[...]

If you read these, they are both trying to patent pretty obvious ideas: “groups” and a “device profile table”. Both were rejected, and now their appeals have been turned down too. That's good news, because it re-affirms that there is, at least, a bar for this kind of stuff, and that it's being enforced.

Judges seem to be thinking along the same lines in the US, too, following the important and by-now famous Bilski case, with a whole series of rejections based on it...


As Mike Masnick puts it, "Bilski Continues To Cause Software Patents To Get Rejected." There are still those who are in denial:

Right after the Bilski ruling that greatly limited software and business method patents, lawyers who were in favor of such patents held a conference call, where they basically said the ruling wouldn't change anything.


Moving forward, it seems reasonable to suggest that programming alone is not going to win in a world that is so corruptible. Google, for example, has found out the hard way that having a superior product is not sufficient when a company is scheming to "kill" rivals using lawyers and legalised bribery.

Patent law matters. It's time to get involved.

"There is nothing in the Constitution that authorizes or makes it the official duty of a president to have anything to do with criminal activities."

--Sam(uel) James Ervin, Jr.



20 dollar bill

Comments

Recent Techrights' Posts

Project 2030 to Cover How "Project 2025"-Styled Anti-Media Zealots From America Targeted Techrights and Tux Machines
The common denominator is also their attacks on women
Brett Wilson LLP Failed to Meet Deadlines Set by Judge 7 Months Earlier, Tried to Ruin Our Holiday, Then Had the Audacity to Ask Us for Over 3,000 Pounds for Its Own Lateness
As a matter of principle we will never respond to assassin while we are on holiday
Americans Attacking British Sites Only Months After They Leave America
We find it kind of funny if not ironic that this site, originally an American site, got legal harassment only from Americans and only months after it had moved to the UK
Despite Losing Over a Quarter Million Dollars a Year Software in the Public Interest (SPI) Gives Helping Hand to Libreboot
SPI's financial state depends a lot on its public image or its reputation
If You Want to Know the Future, Listen to the Free Software Foundation (FSF) and Andy Farnell
We're sure the FSF will have plenty of its own output
 
Brett Wilson LLP Seem to Have Had Only One Litigation Client in 2025, He Was Previously Charged, Just Like the Serial Strangler From Microsoft (Whom They Now Represent)
Karma is superstition, regulators are not
On Claims That After Bluewashing Red Hat Will Increasingly Become an Indian Company
Discussed this week (long and detailed)
Slopwatch: Google Helps Plagiarism and Sends Traffic to Ripoff Artists
That Google as a company helps spamfarms is noteworthy
Links 18/09/2025: A Taliban Ban on Internet Access and Troubled US Job Market
Links for the day
Gemini Links 18/09/2025: Computer Literacy and Accessing Alhena's Database
Links for the day
Links 18/09/2025: US War on Media (Truth Banned, Cancel Culture by the Hard Right), NYT Chief Executive Warns Cheeto is Deploying ‘Anti-press Playbook'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025
Slopwatch: Fake Articles, Fake Text, Fake Images, Negative Slant on "Linux"
Google News has lost its value; the signal-to-noise ratio has fallen off a cliff
Gemini Links 17/09/2025: Relax-and-Recover on Proxmox and New Smolweb File Transfer Service
Links for the day
Fact: EFF Got Corrupted by Corporate Money. Microsoft Lunduke (Political Noise): The Issue With EFF is, It Kills Babies.
Microsoft Lunduke - as usual - finds a way to make it about abortions
Pacing Publication Up a Bit
The news cycles have gotten rather light and slow
Links 17/09/2025: Power Outages, Digital Controls, and Attacks on the Mainstream Media (by Insecure and Corrupt Dictators)
Links for the day
Gemini Links 17/09/2025: Flashing LineageOS and ROOPHLOCH
Links for the day
Links 17/09/2025: Long COVID Study, "Exposing Pegasus", and Chatbots Exposing Sensitive Data
Links for the day
Links 17/09/2025: Secret Settlement for Internet Archive and Google’s LLM Slop Summaries Attracting Lawsuits
Links for the day
The True Cost of 'Generative Models'
Funded and promoted by the companies that profit from the waste
'Big Slop' Attacks Contemporary Information/Knowledge and Creative Works, 'Big Copyright' (Cartel) Attacks the Old
Someone at IA will hopefully "blow the whistle" on what they actually agreed
Why We Find It Difficult to Trust Rust
A comparison between C/C++ and Rust
Slop Nihilism is Funded by Big Oil
Eventually human civilisation will destroy itself
Watching the OSI: Our Series Will Carry on Irrespective of the Chief's 'Resignation'
the OSI isn't even the real guardian of the term "Open Source"
Professor Eben Moglen Recovering From Open Heart Surgery
From his public pages (this is not secret)
Just What LibreOffice Needs? Another Language? (Rust)
what's all this concern about memory safety?
Many Microsoft Managers Are Leaving
"Hey hi" chaff or chaff about "hey hi" cannot eternally distract from the difficulties inside the company
There Are Red Hat (IBM) Layoffs, But Google News is Infested With Slopfarms
It contributes a lot to misinformation and it encourages plagiarism
Tomorrow, Microsoft's Tim Anderson's 'The Register MS' Offshoot Will Have Been Inactive for 2 Months (There's Also a Slop Problem)
We've already caught The Register MS using LLM slop for articles
Microsoft's Chief Legal Officer Leaves Microsoft After Nearly 30 Years
And not retiring
Even Windows Users Are Having Problems With "Secure Boot"
When it comes to security - Microsoft strives for the very opposite
Another Competition Crime of Microsoft, Long Facilitated and Advocated by a Bad Actor, Who is Funded by a Third Party to Commit Extortion Against People Who Have Correctly and Repeatedly Warned About It for Over 13 Year
We must always go back to the core issues
3 More Reasons to Replace Mozilla Firefox With LibreWolf
Thankfully there are de-enshittified versions of Firefox
USA Not a Place for Free Speech
In America, as in the US, the attacks seem more enhanced or advanced these days
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 16, 2025
IRC logs for Tuesday, September 16, 2025
Links 17/09/2025: Google Layoffs in "Hey Hi" (AI), Perplexity Hit With More "Hey Hi" (Plagiarism) Lawsuits
Links for the day
Gemini Links 17/09/2025: Reclaiming Things in a Digital Age and Moon Phases in CGI
Links for the day
Slopwatch: Google News is Slop, Google News is Plagiarism, Google News is Dying
Google is off the rails
Links 16/09/2025: "The Censorship Alarm Is Ringing in the Wrong Direction" and ASRock Does Microsoft E.E.E. on GNU/Linux
Links for the day
Serious "Breach of Confidentiality of Personal Data" in Europe's Second-Largest Institution, the EPO
Yes, the same EPO that routinely uses "data protection" and "GDPR" as a pretext for hiding or covering up its corruption and white-collar crimes (it even uses that as an excuse for refusing to obey courts' orders)
Adrienne Rockenhaus Says Her Husband Was Arrested for Running Tor and Denied Basic Rights in the United States
the US seems to be getting "russified" in its approach towards Tor
This is What Happens When Microsoft Canonical Lets Decisions on Ubuntu be Made by a Youngster From the British Army (Where He Did Mass Surveillance)
"Is Ubuntu Compromised?"
Back Doored Windows Giving GNU/Linux a Hard Time (Under the Guise of 'Security')
Is this complication intentional? Most likely, yes
Links 16/09/2025: Science, Security, and Conflicts
Links for the day
Gemini Links 16/09/2025: Command-line Options in POSIX Shell and Introducing Acre 0.9
Links for the day
Microsoft 'Secure' Boot Versus Dual Boot With GNU/Linux
they're meant to assume everything is OK
Links 16/09/2025: While Oracle Pretends to be Rich It's Firing About 70 MySQL Workers, "Oracle's Revenge" (Faking Demand With "AI")
Links for the day
Microsoft Has Just Published a New Web Page About "Secure Boot Update Process" (Microsoft Also Admits Issues; PCs Can Stop Booting)
Why was this page issued and published only hours ago?
Microsoft Lunduke: I Spread Hate and Then I Receive Hate
Cry us a river, Microsoft Lunduke
"Use Wayland" Isn't a Bugfix for X (X11 is Still Necessary)
They tell us X is "dead" and we must all be herded into Wayland ASAP
"Disable Secure Boot and Fast Boot. Wipe and Start Over."
At least they didn't say, buy a new computer...
The Oracle Ponzi Scheme
Oracle isn't doing well, but it's nowadays fashionable to say "clown" and "hey hi" to prop up one's stock, even based on nothing at all
The New Head of OSI is an "Hey Hi" (AI) Obsessed Person
when Bryant says "AI" that doesn't mean AI
Taking Out the Battery, Opening Up Your Computer, Just Like a "Normie" Would
At this stage, any person who still says "enable Secure Boot" is misguided or persuaded by companies that sell rootkits
Slopwatch: Serial Sloppers and Slopfarms Still Infesting Google News (Fake 'Articles' About "Linux" Spreading FUD)
searching for "Linux" today yields a lot of FUD
"Governments, local authorities, schools and hospitals can lead by example by procuring only Free Software"
Crossposted from Tux Machines
Cindy Cohn Leaving the Electronic Frontier Foundation While Its Co-founder John Gilmore, Whom She Apparently Helped Oust, Will Celebrate 40 Years of the Free Software Foundation, Inc.
EFF has been busy hoarding GAFAM money, whereas the latter is where all the real activism is done
The Reach of Techrights Has Broadened
We nowadays cover a broader range of issues
"Google is Googlebombing KDE's Project Banana"
So is Google googlebombing KDE's Project Banana? You decide.
Complicating Things for No Actual Benefit, Just Added Risk and More Difficulties Adding GNU/Linux and BSDs
Watch what it's like for people who wish to use BSDs
Some Very Large IRC Networks Are Growing
IRC will turn 38 next year
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 15, 2025
IRC logs for Monday, September 15, 2025
Links 16/09/2025: Autumn Party, RPG Planet, and Optical ROOPHLOCH
Links for the day