Bonum Certa Men Certa

Latest Report About Microsoft's Newly-Found Affair with Software Patents (as Anti-FOSS Mechanism)

“If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today."

--Bill Gates (when Microsoft was smaller)



Summary: A roundup of news and observations about Microsoft's exploitation of software patents

AS THE previous post showed, Microsoft and its offshoots may be paying politicians for software patents. One of the benefits (to Microsoft) which comes out of this is that it bans competition. Microsoft's #1 competition is GNU/Linux and Free software and the company already sues this competition using software patents which is lobbies for. Microsoft views software patents as something that the GPL is naturally vulnerable to.



LWN.net has just made public its latest debate about the TomTom/FAT case, which represents Microsoft's first legal shot at Linux. From the article:

When Microsoft filed its lawsuit against TomTom, it named two patents which cover the VFAT filesystem. That, naturally, led to a renewed push to either (1) get those patents invalidated, or (2) move away from VFAT altogether. But some participants have advocated a third approach: find a way to work around the patents which retains most of the VFAT filesystem functionality while, with luck, avoiding any potential infringement of the claims of the patent. But, as a recently-posted patch and the ensuing discussion show, workarounds are not a straightforward solution even after the lawyers have been satisfied.


There is a rather terrible and demeaning article in Ars Technica right now. It is about Microsoft's patent propaganda book and the reviewer plays right into Microsoft's hands, maybe intentionally.

Far from being the evil monopolist, Microsoft has in many ways become the cooperative giant—and it's all thanks to intellectual property. The company's IP czar takes us inside the corporate transformation in a new book, Burning the Ships, to show us how it happened (and to take a few potshots at Richard Stallman).


Glyn Moody responds to the shallow take contained in this book review, which seems only to defend Microsoft's offensive behaviour. Software patents did not make Microsoft nicer; they only made it more ruthless and anti-competitive.

To call this "collaboration" is a perversion of language: it's about *enslavement*, pure and simple. It's just that Microsoft has become subtler.


Moody also shows what Microsoft has done to the idea of patenting and Microsoft's tactics of intimidation may be working because, according to this new article, some companies seek indemnification.

But for many large enterprises, potential intellectual property (IP) lawsuits and lack of support staff still keep open source tools out of data centers.


Indemnification is also mentioned in Bluenog's new press release -- being a company that more or less uses the term "open source" for marketing purposes.

"Bluenog is disrupting today's enterprise technology space with Bluenog ICE, an integrated suite of CMS, Portal and BI software that offers the benefits of open source, such as access to source code, backed by indemnification and the comprehensive support typical of commercial solutions," said Suresh Kuppusamy, chief executive officer, Bluenog. "It is no small feat to be selected among the best and brightest companies competing to be winners of the Red Herrin


Some of Microsoft's patents are rather outrageous. Take this newly-approved patent for example. It's hilarious, it's an embarrassment to the USPTO.

"On Tuesday, Microsoft was granted US Patent No. 7,536,726 (it was filed in 2005) for intentionally crippling the functionality of an operating system by 'making selected portions and functionality of the operating system unavailable to the user or by limiting the user's ability to add software applications or device drivers to the computer' until an 'agreed upon sum of money' is paid to 'unlock or otherwise make available the restricted functionality.' According to Microsoft, this solves a 'problem inherent in open architecture systems,' i.e., 'they are generally licensed with complete use rights and/or functionality that may be beyond the need or desire of the system purchaser.' An additional problem with open architecture systems, Microsoft explains, is that 'virtually anyone can write an application that can be executed on the system.' Nice to see the USPTO rewarding Microsoft's eight problem-solving inventors, including Linux killer (and antelope killer) Joachim Kempin, who's been credited with getting Microsoft hauled into federal court on antitrust charges."


Regarding this news, one reader writes to us: "Microsoft Openness, I don't think so. It just goes to demonstrate how - they aren't ever going to stop - until they own it all.

"This 'patent' a perversion of everything the technology is supposed to be about. Guess who the gate keeper of of this functionality is going to be. Not content with messing with the ever changing system calls, they now want to control the whole industry at the OS level."

Now that XBox is struggling against Nintendo Microsoft also resorts to 'copying' and then patenting this:

In a newly disclosed patent application, naming Allard and others as inventors, Microsoft seeks intellectual property protection for a concept described, literally, as a "MAGIC WAND." Although it was only made public a few days ago, the application was originally filed in November 2007 -- about a year after Nintendo launched the Wii, with its distinctive, wand-style controller. (Update: Timing of Nintendo's Wii launch has been corrected since original post.)


More coverage in:



Gene Quinn, a lawyer and proponent of software patents (the more patents, the more money for lawyers) says that In Re Bilski is not bad for software patents. The patent reform (deform), which is by all means a farce, seems to have negative impact in other places where equivalents crop up. Here is one from New Zealand:

Patents Bill



[...]

I will begin by looking briefly at software. The bill proposes that software should be patentable; the opposite direction to that being pursued by the European Union. This is a very bad idea. The foremost theorist in this area is Richard Stallman. Stallman eloquently argues that the use of software patents stifles creativity, massively reduces efficiency, and can lead to whole areas of software usefulness remaining unexplored. Software patents are a substantial cause of software incompatibility, for example. He draws an analogy with the composition of a symphony. Suppose someone had patented particular chord progressions, sequences of notes, or combinations of instruments playing at the same time. What sort of problem would Beethoven have had? We regard him as a brilliant and innovative composer, but he wrote symphonies using a musical vocabulary comprised of very many musical ideas developed by multiple composers. Stallman argues that even a genius software programmer must draw on a standard vocabulary of programming ideas. If software patents are permitted, then the programmer cannot draw on such ideas without infringing patents. The consequences are that whole areas of software development are avoided lest software developers breach patents, and in other areas inefficient or otherwise unsatisfactory programmes remain in use because it is not technically feasible to develop better options because of this restriction. In this area patents are clearly a brake and a hindrance on innovation.


In the United States, patents (monopolies) are seen as the notion with which to save the economy. [via Digital Majority]

IP Enforcement As US Foreign Policy



The United States Chamber of Commerce, the largest US business group, on Monday issued a release applauding a new bill introduced into the US House of Representatives by House Foreign Affairs Committee Chairman Howard Berman (Democrat, California) that would “enhance State Department resources and training for intellectual property enforcement efforts in countries not meeting their international obligations,” the Chamber said.


In essence, this is competitive strangulation using pieces of paper. As we showed earlier, Microsoft being the example, even crippling of an operating systems is now a US patent. Here is another funny new patent which is consumer-hostile:

MLB Gets A Patent On Making It More Difficult To Watch Your Favorite Baseball Team Online



[...]

Limiting access by subscription levels has been around forever. Combining the two hardly seems new and innovative. This seems like it should fail based on general obviousness, as well as the new tests under the KSR ruling (on obviousness) and the Bilski ruling (on pure software patents). About the only "good" that comes of this is that perhaps it means other sports leagues won't use such an anti-fan policy.


Where is this patent system going? And other than selfishness and infinite greed, what is it that motivates Microsoft to support it?

Recent Techrights' Posts

Defeating LLM Abuse (State-of-the-Art Plagiarism) in the Area of Linux and GNU, Free Software, BSD, Security and So On
The aim is to get them to stop using LLMs to rip off other people's work
Digital Sanitation Good Practices
leave behind Microsoftism
10 Days Ago Richard Stallman Gave a Long Interview in French (linuxfr.org)
English translation
Science, Not Fast Food/Junk Food
The commercial exploitation of users won't stop until users exercise full control over their software or - more broadly - their computing (including data)
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 18, 2025
IRC logs for Saturday, October 18, 2025
The Term "AI" is Not New and What Today's Media Calls "AI" Isn't Even AI
Only the hype was new... and totally artificial
Gemini Links 18/10/2025: "Planetary Rings", Steam, and PSU Replacement
Links for the day
Links 18/10/2025: Russell Vought in Charge, US Government Leans to Russia Again
Links for the day
Credit Where It's Due: LinuxConfig.org Quit Doing LLM Slop, Back to Original and Real Articles
We waited for a while to say this, now it seems conclusive
Of Note: UbuntuPIT Aware of Critics of Slop, Adds Disclosure of Use of LLMs
We appreciate the honesty
Links 18/10/2025: Madagascar's President Flees and ICE Arrests Protest Comedian Robby Roadsteamer
Links for the day
Richard Stallman Near the European Patent Office (EPO) in 3 Days From Now
It'll be a good opportunity for patent examiners to listen, ask questions, and maybe greet him in person
From Scholar to Booster of Slop (and Even Slop in His Own Blog)
We're going to keep an eye on future posts of his
End of Vista 10 Also Good News for the BSDs
There are many news sites that recommend trying GNU/Linux this month
What's Wrong With Liking Parrots or Birds as Pets?
They'd demonise people for speaking about freedom, no matter what they say or do
The Free Software Foundation, Which Has Appointed a 43-Year-Old President, is Looking to Add Another Board Member (or Treasurer)
expect the FSF to add more people
Richard Stallman Confirms Next Week's Talk at Technical University of Munich, We Urge EPO Staff to Attend
That's probably late enough for EPO staff to attend after work
Gemini Links 18/10/2025: Notifications and Geminaut
Links for the day
Many Red Hat People Are Leaving, But It'll Be Framed Publicly as Leaving IBM
Similarly, IBM layoffs (or "RAs" as they're called) include Red Hat layoffs
Expect More Waves of Microsoft Layoffs This Month (at Least Two Rounds Confirmed Already)
From what we can gather, assuming the recent rumours about XBox are true, there will be at least 3 waves of Microsoft layoffs this month alone
Security Issues in Cisco and Jenkins Passed Off as "Linux" Problems
Fear, Uncertainty, Doubt (FUD) tactics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 17, 2025
IRC logs for Friday, October 17, 2025
[Video] Dr. Richard Stallman at Technické Univerzitě v Liberci
New/via libre-liberec.cz
Slopwatch: LinuxSecurity, Linux Journal (Slashdot Media), UbuntuPIT, and Google News (Noise)
egregious plagiarism
Links 17/10/2025: Better Answers Sought After Air Crashes, "China Fans Patriotic Sentiment as Trade War With U.S. Heats Up"
Links for the day
Security is Desirable, But Not When the Term Security is Misused to Imply Centralisation of "Trust" (Whose?)
'Security' is not an excuse for vendor lock-in
Links 17/10/2025: Fentanylware (CheeTok) Causing Problems, Japanese Government Blasts Slop
Links for the day
The Linux Foundation Seems to Have Turned Linux.com Not Only Into a Spamfarm But Also LLM Slopfarm
it's polluting the Web, even important domains like Linux.com, with spam and LLM slop
Links 17/10/2025: UK’s Largest Breach Penalty and Windows TCO Examples
Links for the day
Go Watch Video About Librephone, Get Microsoft Ads
Very ethical company...
Campaign of Defamation Against the People Who Built NixOS (and Are Now Pushed Out From Their Own Project)
We've already grown familiar with - and resistant to - such tactics
Links 17/10/2025: Nestlé Crisis, Canada Post Versus 'Gig Economy' [sic] and Vista 11 Breaks Itself
Links for the day
Tux Machines Has Helped Separate Opinions/Analysis From News
In September 2023 we decided to split things apart and not repeat links in both sites
Tux Machines Has Improved Navigation of GNU/Linux and BSD News
Some more 'wiring' work
What a World Would Look Like If Everyone Used Free Software Only
Freedom is what matters, not "Open".
The Media Helps Microsoft, Amazon and Others (GAFAM and Beyond) Lie About Mass Layoffs Amid Valuation Bubble
The media, instead of saying that there's an "AI bubble" crashing the economy might instead choose the narrative of "jobs replaced by AI"
Bad Tempered? You Might Have Just Given Away That You're Losing the Argument
Brett Wilson LLP is fully aware that it is being investigated
Richard Stallman (RMS) is a Target of Defamation Campaigns Because of His Views on Software (But Politics Are the Excuse for Defaming Him)
Here in this site we try to refrain from politics, except in Daily Links
End of Vista 10 and Rise of GNU/Linux as Client Side Operating System
It seems certain GNU/Linux will grow in popularity over time
Taking Stock of a Week's Worth of EPO Leaks
We remain committed to exposing EPO corruption as long as it keeps happening
Mathieu Parreaux claims FINMA knew since day one
Reprinted with permission from Daniel Pocock
Calumny, Libel, Joerg Jaspert & debian-private untouchable cyberbullies
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 16, 2025
IRC logs for Thursday, October 16, 2025
Techrights Turns 19 in 3 Weeks
coverage of suppressed topics and protecting all sources/whistleblowers
International E-Waste Day Same Day as End of Vista 10
message from Akira Urushibata
The EPO's Central Staff Committee Presents Evidence That Staff Compensation Lowered While the Office Increases Income by Illegally Granting Invalid Patents
These people become millionaires by doing illegal things
Second or Third Wave of Microsoft Mass Layoffs in October 2025, This Time Portugal
Those are just the ones we know about, there may be several more
'Help Net Security' (helpnetsecurity.com) May Have Become a Slopfarm as Well
Zeljka Zorz, Editor-in-Chief at Help Net Security, was reported to us
Gemini Links 17/10/2025: Rant About Network Solutions, Strange Anomaly on Lagrange
Links for the day