Bonum Certa Men Certa

Microsoft's “Burning The Ships” is Corporate Patent Propaganda (and How Novell Helps It)

Summary: Preliminary remarks on the motives of a new book and some more patent news

Stupid Book



EARLIER ON IN THE DAY we wrote about Ina Fried's little Microsoft placement, which glorified the company's patent strategy against Free software. Now that Mary Jo Foley (who is usually more moderate and less of a Microsoft mouthpiece) has finally looked at Microsoft's book and had time to make up her own mind, this turns out to be just what one ought to expect: a 186-leaf 'whitepaper'.



While Microsoft may not have directly funded this book, it gave the authors access to its execs — everyone from Gates to Senior VP and General Counsel Brad Smith, to a number of Microsoft public-relations folks. Phelps still works at Microsoft as Corporate Vice President for IP Policy. So calling this book “unauthorized” is quite a stretch.

[...]

I haven’t read the full 186 pages of The Ships yet. But what I’ve skimmed so far makes me feel like I’m reading yet another Microsoft white paper or press release, not any kind of a behind-the-scenes tell-all. I’d be interested in hearing how some of the OEMs and other licensees of Microsoft’s patents feel about the way the authors characterize the IP licensing deals mentioned in the book….


Speaking of "other licensees," Microsoft has just signed up another ActiveSync victim, just like it did with Xandros. It even mentions Xandros by name in the new press release about Gecad.

Over the past few years, Microsoft has entered into Exchange ActiveSync licensing agreements with Apple Inc., Big Bang System Corp., DataViz Inc., Google Inc., Helio LLC, IXI Mobile (R&D) Ltd., Nokia Corp., Palm Inc., Remoba Inc., Samsung Electronics Co. Ltd., Sony Ericsson Mobile Communications AB, Symbian Software Ltd. and Xandros Inc.


Andy Updegrove wrote a good article last week. Therein, Updegrove explained how Microsoft had been stringing such patent deals together to justify them and persistently pressure the next victim until submission. This string of patent deals was kick-started by Novell and then marketed widely by both Microsoft and Novell. Soon enough, Microsoft found some new victims like Xandros, Linspire, and Turbolinux. It's part of a bigger plan

“This string of patent deals was kick-started by Novell and then marketed widely by both Microsoft and Novell.”The book just published is therefore intended to continue the marketing campaign whilst Microsoft lobbyists sing praises of Microsoft's mighty "IP" and how everyone must respect it despite the fact that Microsoft never respected anyone else's ideas and inventions.

We've learned that the publisher of “Burning The Ships” also sends SJVN a complimentary copy of the book. But why? Steven will hopefully not be brainwashed by it.

The newly-published book is likely to be filled with spin or saturated with revisionism because a truthful book would concentrate on and describe failures of Phelps to sign the patent deal Microsoft really needed -- the one with Red Hat. Peer reviewers of this book appear to be Microsoft executives -- primarily those who think of terms of law and have professional background in the subject.

Lastly, the book also sells the impression that Microsoft is changing. Just think about the title of the book. It's a serious lie to say that Microsoft has changed or evolved (or is "burning old ships"). Microsoft uses Novell to market itself and sell the false perception that it encourages interoperability (whilst suing TomTom over FAT in Linux).

Yesterday in the news we found this from a Microsoft executive who uses Novell to market Microsoft technologies and sell the bogus image Microsoft craves to deceive the public with.

[Microsoft's] Paoli: We also collaborate with our competitors — EMC, Novell, SAP and Sun, for example— to help solve the interoperability challenges of our mutual customers. Take Novell, for example. Microsoft worked with Novell to enable Moonlight, an open source implementation of Silverlight for the Linux operating system. Moonlight gives Linux-based users access to Web experiences that incorporate video, animation, interactivity and stunning user interfaces. It will be provided as an open source plug-in for the Firefox Web browser. In fact, an early version of Moonlight was used in January to stream President Obama’s inauguration ceremony.


Stupid Patents



It is reassuring to see that patent unrest is growing. IEEE Spectrum, for example, has just published "The Death of Business-Method Patents" and it mentions software patents too. [via Digital Majority]

The problem is that all software ultimately reduces to mathematical operations, yet only some software controls actual stuff, like the baking of rubber. If the rest is merely math and therefore unpatentable, does that mean we must deny patents to all software that runs nothing but itself?


Over in the South African press, the idea of patenting in general -- and software in particular -- is being slammed based on a famous corollary from Newton and the success of the World Wide Web, being a spectacular reference example of a democratising force.

Berners-Lee himself was motivated by the desire to be able to share and collaborate on ideas with other scientists and researchers. He worked on the notion of combining the concept of hypertext with the Internet, and the rest, as they say, is history.

The interesting thing about all of this in today's world of digital rights and software patents is Berners-Lee let his creation loose on the world, with no intention of claiming ownership, royalties or patents. Thanks to this, others were able to build on his ideas and give us the WWW we enjoy (and profit from) today.

Had Vannevar Bush claimed “prior art” for his ideas or Berners-Lee felt a tad greedy, we might be looking at a very different technology landscape in 2009. Most technology, whether it's a hammer with a claw attached or a nail-file-clipper combo are converged versions of several ideas. With the ongoing debate about who's using whose code and whether or not they should be paying for it, maybe it's time to take a step back and look at the mentality of the guys who got us here today. Driven by a desire to share learning and collaborate with others, they saw a bigger picture. Maybe we should do the same.


Stupid WIPO



Glyn Moody keeps abreast of these matters as well. He too realises that software patents are a hot topic right now (and not in a good way).

Finally, the World Intellectual Property Organisation (WIPO) is also looking at the whole area of patents. Particularly significant is the explicit consideration of “Exclusions from Patentable Subject Matter and Exceptions and Limitations to the Rights”, which mentions programs as one such area that might be examined.

It's hard to tell whether good or bad will come out of these initiatives, but it's clear that software patents are a hot topic at the moment.


The FSFE is doing what it can to make impact on (mis)understanding of software patents inside WIPO, which considers Free software to be illegal. [via Glyn Moody]

FSFE believes that its systematic considerations should be taken into account for and put in perspective to the reports. In particular the economic rationale for the patent system should be taken into account and reflected for the considerations of document SCP/13/3, the report on exclusions from patentable subject matter and exceptions and limitations to the rights.


We wrote about WIPO many times before [1, 2, 3, 4]. It is run by companies in the sense that funding and people come from companies, so to assume there are purely ethical and logical considerations at play would simply be naïve. But that's exactly the Geneva-based establishment which the FSFE is addressing here. Coincidentally, FSFE was conceived in Switzerland (see correction at the bottom) and so was ISO, which got corrupted by Microsoft.

Last but not least, regarding the patent 'reform' bill that's a farce, there is something happening right now which may impact and probably reinforce this broken 'reform'. Results from the Tafas v. Doll appeal come into play.

The conflict stems from a set of rules that the USPTO tried to put into effect in 2007. These would have limited patent applications to five unique claims and 25 total claims per invention, versus the historic lack of limit. Among other things, they would also have restricted the number of requests to reconsider a decision to reject a patent application as well as the number of continuations, or chances to effectively amend a patent application already in process. (Additional continuations would have been theoretically possible, but only with special permission and filing of additional paperwork that experts say could open the patents, if granted, to additional avenues of attack from competitors.)


Stupid Future



In a perfect world, engineers -- not lawyers -- would choose their own destiny. But as long as many administrative roles, governments included, are mostly occupied by lawyers, it will simply be too difficult to ignore, let alone to change the rules. Remember the Golden Rule: those with the gold will make the rules.

"Geeks like to think that they can ignore politics, you can leave politics alone, but politics won't leave you alone."

--Richard Stallman



Woman novell



Correction from Georg Greve (26/03/2009): "FSFE was not incorporated in Geneva or Switzerland. FSFE was initially incorporated in Hamburg, Germany - and has always been a charitable registered German association. See http://fsfeurope.org/about/legal/constitution.en.html for the legal statutes registered in Germany.

"That said, we do have an office in Zurich, Switzerland, which also constitutes the basis for our charitable status in Switzerland. This is a useful base for the Freedom Task Force, and allows me to go to Geneva with a simple train ride.

"Another reference that's potentially useful - FSFE's project page for the WIPO work is at http://fsfeurope.org/projects/wipo/ and contains lots of materials and references about the work we've been doing."

Recent Techrights' Posts

IBM's Payroll: Cannot Even Pay the People What They're Legally Entitled to
How financially-stressed is IBM at this point?
IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
 
Slop About "linux" in Google News
Once people recognise that those sites are fake it's hard to 'unsee' what they are
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part V - Attempts to Take Down and Suppress Criticism of Back Doors Controlled by Microsoft and the American Government
The cost of maintaining illusions
Slides From the European Patent Office (EPO) Explain Why They're Striking, How They're Striking, and What Comes Next
A week from now the strike will go ahead
GAFAM Datacentres Are Facilities of War, So Risk of Downtime by Missiles or State-Sponsored Cracking Has Vastly Increased
How safe is your business in "clown computing" or DCs marked as some "legitimate targets" at wartime?
Companies That Take Away Blood and Sweat From the Community to Sell a Ponzi Scheme to Everybody
We need Free software that is run by communities
1,234 People Gather Online to Plan Next EPO Strikes and Other Industrial Actions
yesterday an online gathering orchestrated the next moves by EPO staff
Links 11/03/2026: Fake Videos Swarm YouTube, "Ukraine Can Now Manufacture ‘China-Free’ Drones"
Links for the day
Gemini Links 11/03/2026: Lagrange for iOS and Android and "Turning a Folder of Git Repos Into Project Launcher"
Links for the day
Kafkaesque: Unlawful Activities in the UK to Cover Up Unlawful Activities in the United States of America
Why is bribery and even extortion seen is OK? Because rich people do those things?
Former IBM Executive, Ron Hovsepian, Doomed S.u.S.E. (SUSE)
SUSE is like a child nobody wants to raise
Quiet Layoffs or Silent Layoffs Alleged at Microsoft
Will some investigative journalists do their job now and ask Microsoft tough questions?
After a Long Lull LinuxTeck (linuxteck.com) Came Back Only as a Slopfarm
Unlike Linuxiac, LinuxTeck wasn't very active in recent years
Links 11/03/2026: EPO and USPTO Software Patents Thrown Out Again, Copyright Concerns Over Slop (Plagiarism Using Buzzwords)
Links for the day
Microsofters' SLAPP Censorship - Part 9 Out of 200: 5RB Barrister Does Not Even Know the Name of His Own Client (That He Was Paid Well Over $200,000 to 'Speak' or 'Cover' for)
If you assault women in the United States, there's a barrister available for you in the UK
IBM's Fedora is Now Led by GAFAM Slop
The official word of Fedora is partly slop
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026
Geminispace Continues to Grow
Geminispace Will Soon Have 5,000 Capsules
Very Little Slop About "Linux"
We hope to see slop eradicated by year's end
BBC Lied for Its Longtime Sponsor (Bribes for 15+ Years) Bill Epsteingate, in Effect Covering Up Sex Trafficking of Underage Girls
The state of the media is truly awful
Microsoft GitHub is Not Free Hosting and It Won't Last
Not for much longer [...] Microsoft is afraid to say that it is pulling the plug, but it seems inevitable
Mass Layoffs at Microsoft, March 2026
When will the media properly investigate this?
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part IV - Escalating to Ministers, Explaining the Severity of These Matters
British Sovereignty at Stake
"The Lost Generation" Came Back, This Time Literally
Based on my limited experience with young people ("alphas"), they're lost
IBM is Not Likely to Survive Another Decade
Despite having already survived over a century [...] Last week we saw claims that some company would likely acquire IBM for its remaining assets
IBM Has Just Been Sued Again by Its Own Staff (This Time a Manager, Stephen P. Gutierrez)
IBM's behaviour towards its staff can prove costly
When a Company Says Its Layoffs are "Due to AI" Check the Debt (Typically the Real Reason for Mass Layoffs)
The mass layoffs at Microsoft continue, but Microsoft hides those in some of the same ways IBM does
Doing More With Less
primacy of concepts rather than bells and whistles
Andy and Helen in Cybershow on Divesting From the United States' Technology and Politics
It is no longer considered a taboo to say this and it's not "anti-American" because many Americans can relate to and agree with such criticism
Links 10/03/2026: "GEMA v. Suno Copyright Case" and "Valve Faces PRS Lawsuit Over Allegedly Unlicensed Steam Music"
Links for the day
Gemini Links 10/03/2026: Woods in UK, Slop Laziness, and "Small Technology and Small Economic"
Links for the day
Garrett Announces LibreLocal Instance in Northampton, Massachusetts (USA)
his message was the only one last month
Microsofters' SLAPP Censorship - Part 8 Out of 200: Gross Misuse of UKGDPR to Protect the Agenda of American Back Doors (Mass Surveillance)
Responding to bunk claims regarding UKGDPR and claims of 'analytics' in our sites
Links 10/03/2026: Oil Prices Rising, South Korean/US Military Assets Redirected
Links for the day
Links 10/03/2026: Rust Rewrites by Slop "20,171 Times Slower", "You MUST Review LLM-generated Code"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 09, 2026
IRC logs for Monday, March 09, 2026
Attacks on Techrights Make Techrights Stronger and Attract More Whistleblowers to Techrights
The harder they attack us, the more productive we become
The Register MS Has Just Taken Money From Google (Where the Former Chief Editor Now Works) for Femmewashing and Ponzi Scheme Promotion
now The Register MS not only promotes a Ponzi scheme but also bags money to pretend Google respects women
People at IBM Are Still Smart Enough to Understand What's Really Going on
"I would never refer someone to work at IBM that I liked! I hope all of you have reviewed IBM on Glassdoor."
European Patent Office (EPO) to "Eventually Eliminate the Tasks Performed by Formalities Officers"; EPO Run by People Without Experience in Patents
full paper
RMS is 73 Next Week
Richard Matthew Stallman (RMS) turns 73 exactly 7 days from now
Iran & FSFE: blackmailing women, from football to the French Government (CNIL)
Reprinted with permission from Daniel Pocock
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part III - Very Strong Legal Basis for an Appeal
The case is now being escalated to a Foreign Secretary and former Deputy Prime Minister
Police investigations, lawsuits & Debian leader election candidate shortage
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) Has Defeated Cancel Culture, a Mostly American Phenomenon
RMS is talking now
No Slop Found in RSS Feeds, Only in Google News
No slopfarm will survive for very long, certainly it'll go bust as soon as readers (if it had any) know what it is
Links 09/03/2026: Many Security Breaches and a Pandemic of Censorship
Links for the day
People Who Work or Worked at IBM Hate It
bluewashing is only the first step
Richard Stallman (RMS) Talks in 30 Minutes, Next Stop Bern (Last Stop)
We assume he'll travel back to Boston after that
IBM's Fedora as a Booster of Slop Disguised as Code or Computer Programs
Maybe we should also stop seeing a doctor and instead ask chatbots about symptoms?
Richard Stallman (RMS) Talk Five Hours From Now
there is growing recognition for what he really did for everybody
What the Solicitors Regulation Authority (SRA) and Action Fraud UK Have in Common
Don't let London become the world's "crime capital"
EPO Strike 10 Days From Now, Planning Assembly Tomorrow, Last Couple of Strikes Had High Participation Rates (1,500-1,600 Staff Went on Strike)
The next strike is in 10 days' time and then there will be another strike
Dr. Andy Farnell on How GAFAM, NVIDIA and Others Lie to People Via the Sponsored Media to Prop Up Lies Under the Guise of "AI"
Lots of key aspects are covered
Links 09/03/2026: GAFAM Outsourcing, "MAGA Political Meddling" in EU, Indonesia Bans Social Control Media for Children Under 16
Links for the day
Using Slop (and Slop in Articles) to Attack Copyleft 'on Budget'
This article is pure BS from an anti-GPL and anti-RMS 'activist'
Why The Register MS Sold Out to Microsoft: They're Losing Lots of Money, The Register MS is Bleeding to Death, Based on Its Own Financial Records
With over 6 million pounds in debt (nearly 10 million US dollars) we guess it's likely some other company will take over the site (if it deems it worthwhile)
Microsofters' SLAPP Censorship - Part 7 Out of 200: Like With the Serial Strangler From Microsoft, Misuse of UK-GDPR to Try to Hide Embarrassing Facts
They do and say really bad things, then allege it's a "privacy violation" to mention those things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 08, 2026
IRC logs for Sunday, March 08, 2026
Gemini Links 09/03/2026: Exponentials and Tailscale
Links for the day
Sloppyleft
Article by Alexandre Oliva