Bonum Certa Men Certa

Innovative Microsoft

INNOVA~1 Galore

"I don’t understand how IE is going to win. The current path is simply to copy everything that Netscape does packaging and product wise."

--Jim Allchin, President of Platforms & Services Division at Microsoft



Summary: Synopsis of developments regarding the legal challenges Microsoft unleashes upon Linux

THE principal question about TomTom's lawsuit has recently been transformed into one which revolves around GPL compliance and ethical traps. This latest angle is already being examined, explained, and summarised. Mary Jo Foley, who is in good terms with Jeremy Allison (she interviewed him before), wrote about this issue which was first raised by him. She summarised the TomTom issue -- as it appears at this stage in particular-- without provoking:



[I]t’s looking more and more like the open sourcers are right and TomTom is the canary in the Linux-patent coal mine.


One of our readers explained this whole situation in simple terms, as follows: "The lawsuit publicizes a patent trap of Microsoft's own creation. Microsoft created a de facto industry standard in the FAT (File Allocation Table) format that it made widely available for adoption without letting it be known that it held and would assert the patents behind the standard. What makes the FAT patents valuable is not the technology behind them but the fact that they were promoted and accepted as a standard without word that Microsoft would someday come asking for money. Two of the patents are for converting between long and short file names - a FAT function that is commonly implemented in digital cameras, MP3 players, and other devices, not just in Windows and Linux.

"Some wishful thinkers within the open source community may accept Microsoft's claim that this is about TomTom rather than Linux, along with the blather that accompanies most patent litigation about how Microsoft would rather license than litigate. But this is in fact a landmark assault into the most troubled and controversial terrain of the patent system. It will reverberate for a long time to come."

Microsoft's latest action has already led to public protests. Here is the leaflet distributed in Brussels protests a few days ago [PDF]. To quote a portion:

Economic Parasites



When your tech product or website is accused of infringing a software patent, you can: ● Pay the patent holder a licence fee; they decide the amount ● Fight the patents in court - expensive and time consuming

● Take your product off the market These are the options currently being considered by Tom Tom NV. Microsoft is claiming that Tom Tom's car navigation systems violate eight Microsoft patents.


Groklaw has begun taking a closer look at the TomTom case and one person points out (from the comments): "I *also* wonder this: Microsoft is a big company. Has Microsoft *ever* distributed a Linux based device with VFAT support? If so, would the fact that, under the GPL they cannot do so without conveying a patent license to the recipient that is transferable to anybody the recipient sees fit, and the fact that Microsoft as owner of the VFAT patents is able to provide such a license mean that it can be legally assumed they DID provide such a license?"

Asks one informant of ours: "What about Microsoft's Linux lab and their offerings to Apache and SAMBA? What if Microsoft released something under the GPL (to anyone), doesn't that mean they relinquish any necessary patent claims?" We already know for a fact that Microsoft uses GNU/Linux-based products, but using is not necessarily selling.

A few days ago, Red Hat got sued by a partner of Microsoft (little more information here), but that's not the main concern in people's mind because it symbolises Red Hat's rise to prominence. An interesting addendum from Open Sources states this:

[UPDATE: 2009-03-05 9.30a ET] I'm told that Oracle is also a defendant, although this filing is from April 2008.


Oracle is a member of OIN, so it is likely to be part of the battle that was initiated against TomTom. Additionally, the last time this case was mentioned it was also shown that Google had grown tired of the patent system (Google too is a relatively recent addition to OIN's members). The word is still spreading out there and since many people respect (sometimes love) Google, they come to disrespect the patent system. Academics too continue to dispute the viability and value of this system.

Markets outperform patents in promoting intellectual discovery, say economists



When it comes to intellectual curiosity and creativity, a market economy in which inventors can buy and sell shares of the key components of their discoveries actually beats out the winner-takes-all world of patent rights as a motivating force, according to a California Institute of Technology (Caltech)-led team of researchers.


Further discussion at TechDirt:

[O]nce again, the study found that a free market solution greatly outperforms a patent monopoly solution where the "first" provider gets a monopoly. The research was led by economist Peter Bossaerts and a team of others -- and it made a point that won't surprise anyone who's studied the economics of monopolies. Patents tend to function just like any other monopoly system: it shrinks the overall market, decreases net social benefit, provides monstrously excess rewards to a single provider and harms everyone else. In fact, the research found that the patent system created a massive disincentive for many people to participate in the very process, even if their contributions could have been quite helpful in speeding along the innovation.


Given that software patents may have already died (most of them anyway [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14]), Microsoft's last resort in the fight against Linux may be dead on arrival. Linux vendors can carry on doing business with confidence that Linux is here to thrive, as is GNU.

Google's market cap is not far from surpassing that of Microsoft. That's how deep in trouble Microsoft is, especially now that Google expands from Linux phones to Linux 'desktops' (sub-notebooks), as of yesterday's reports.

GNU and Linux

Recent Techrights' Posts

An "Efficient Windows 11 Experience" is Removing a Text Editor (Less than 5 Megabytes in Size) and Adding Chatbots That Require a New PC/Datacentre
Vista 11 24H2 update removes WordPad
[Meme] 'Secure' Boot in a Nutshell
Ask Microsoft if it is "safe" to boot Linux
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting Guest Writers (Intimidation)
Some high-profile people have told me that the serial defamer is a "monster" (their word), so why would Neil Brown wish to help him?
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 28, 2024
IRC logs for Tuesday, May 28, 2024
The Campaign to 'End' Richard Stallman - Part I - Two Canceled Talks in a Row?
RMS has left Europe, so the concept of "delayed" talk is facetious or deeply cynical
On Desktops/Laptops in Andorra Windows Fell to Less Than Half, 20% If One Counts Mobile as Well
And this is a European country
[Meme] 3 Years Later
If you're going to start a fight, make sure you can handle it
When You Leave a Bad Employer and Move on to Better Things
Perhaps my main mistake was not resigning from my job sooner
No, Your Site Likely Does Not Need WordPress
I was one of the first users of WordPress
GNU/Linux in Cameroon: Rising Steadily While Windows Falls From 99% to Just 6%
If one also counts mobile (mostly Android)
Monkey See, Monkey Share
on deprivation of users
From 0.17% to 10% or More (GNU/Linux in Dominica)
Dominica isn't well known, but it does seem to have embraced Chromebooks in recent years
Links 28/05/2024: Tensions in East Asia, UK Mandatory National Service
Links for the day
Gemini Links 28/05/2024: NetCrawl and Living in Lagrange
Links for the day
Guardian Digital, Inc (linuxsecurity.com) Handed Over Its Web Site to Chatbots That Generate SEO Garbage
They need to be called out on it
statCounter Sees Microsoft Windows at Below 1% in American Samoa
Not even 1%!
Windows Down to 60% of Guam's Desktops/Laptops and Down to a Quarter Overall
No wonder Microsoft is panicking
Today in UEFI 'Secure' Boot Debates (the Frog is Already Boiling and Melting)
Over at LQ today
[Meme] A "Modern" Web's Message in a Bottle
So-called 'security'
Brittany Day: Still Chatbot Slinging, Producing Fake 'Articles' About "Linux"
random garbage produced (and censored) by Microsoft
Almost 4k Gemini Capsules, 5th Anniversary Only Weeks Away
The Web will continue to deteriorate
Microsoft: $1 Million a Day for Contempt of Court Orders (Justice Department)
Microsoft behaves as if it's 100% exempt from laws
Catbodia? In Cambodia, Microsoft's Windows Fell to All-Time Low of Less Than a Quarter.
Cambodia is leaving Microsoft behind
[Meme] Deadnaming
Guess who uses a name that was deprecated well over a decade ago?
New Press Report Explains Microsoft Severance and Quiet (Undisclosed) Layoffs
Some people will call this "loophole", whereas others will opine that it is outright illegal (but kept secret to circumvent scrutiny)
Global South is Android/Linux (Windows Era Has Come to an End Already)
I've decided to take a quick glance at South American trends for all operating systems
[Meme] Unified Patent Troll
Unified Patent Court remains illegal and unconstitutional
The European Patent Office is Sinking
Officials (or national delegates) at the European Patent Organisation have long been warned about this (by staff representatives from the European Patent Office), but they ignored the warnings
Summer in the Air
We have a good pace going on owing to health, positivity, inertia and good software tools
GNU/Linux Activity in Belize
From an economic point of view, Microsoft needn't worry about Belize, but when it comes to preserving the Windows monopoly/monoculture Belize matters
Links 28/05/2024: Back to MP3, NVIDIA Sued by Authors
Links for the day
Gemini Links 28/05/2024: Bad Beach and TLS
Links for the day
Microsoft Windows Fell From 100% to Just 7.5% in Sierra Leone
Based on statCounter
In Benin, Microsoft's Windows Fell Below 10%, GNU/Linux Surged to 6% or Higher on Desktops/Laptops
That's nearly 7% - a lot higher than the average in Africa
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 27, 2024
IRC logs for Monday, May 27, 2024
Delayed Series About Dr. Richard Stallman
A lot of the attacks on him boil down to petty things
[Meme] Elephant in the Asian Room
With ChromeOS included GNU/Linux is at 6% across Asia
GNU/Linux in Bangladesh Up From 0.5% to Over 4% (Windows Slid From 95% to 18%)
Bangladesh is one of the world's most densely-populated countries
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting Several Webhosts (in Collaboration and Conjunction With Mentally-Ill Flunkies)
Every attempt to nuke the current hosting failed, but it's still worth noting
Links 27/05/2024: One Month Left for ICQ, More Openwashing Highlighted
Links for the day
Gemini Links 27/05/2024: Back to GNU/Linux, Librem 5 Assessed
Links for the day
StatCounter (or statCounter) Has Mostly Recovered From a Day's Downtime (Malfunction)
Some of the material we've published based on the statCounter datasets truly annoys Microsofters
Google: We Don't Have Source Diversity, But We Have Chatbot Spew in Place of Sources (and It's Not Even Accurate)
Search engines and news search never looked this bad...
[Meme] Security is Not a Failure to Boot (or Illusion of Security Due to 'Unknown' System)
Red Hat is largely responsible for this mess
What is Secure Boot?
Security means the user feels safe and secure - i.e. confident that the machine would continue to work following a reboot or a system upgrade (or kernel upgrade)
StatCounter (or statCounter) Has Been Broken for Nearly 24 Hours. Who Benefits? Microsoft.
StatCounter is broken right now and has been broken for nearly 24 hours already
Links 27/05/2024: Chatbots Generate Hateful Output, TPM Performance Scrutinised
Links for the day
David Heinemeier Hansson (DHH) Realises What He Should Have Decades Ago
seeing that DHH is moving away from Apple is kind of a big deal
Reinvigorating the Voice of GNU/Linux Users (Not Companies Whose Chiefs Don't Even Use GNU/Linux!)
Scott Ruecker has just announced his return
"Tech" in the Context of Even Bigger Issues
"Tech" (or technology) activism is important; but there's a bigger picture
A Decade of In-Depth Coverage of Corruption at the European Patent Office (EPO)
The world needs transparency and sunlight
Hopefully Not Sunset for StatCounter
We hope that StatCounter will be back soon.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 26, 2024
IRC logs for Sunday, May 26, 2024
Links 27/05/2024: Self-Publishing, Patent Monopolies, and Armed Conflicts
Links for the day
Gemini Links 27/05/2024: Tethering Connection and PFAs
Links for the day
Imagine Canada Enabling Rapists to Harass Their (Rape) Victims
This analogy is applicable because abusers are empowered against the abused