Bonum Certa Men Certa

Patents Roundup: Microsoft's FAT Ambush, RPX “Protection Racket”, and Life-threatening Patents

EPO backlash



Summary: The nastiness of patents puts itself up on display and herein we share the truth about this ill system, based on the latest news alone

THIS is a collection of news items that affect Free software by means of law.



Microsoft and Rambus Ambushed the Industry



Microsoft's de facto PR machine is working to create another patent scare. Mary Jo Foley's role was mentioned earlier and Ina Fried follows with promotion of exFAT patents.

The File Allocation Table (FAT) format is also licensed out by Microsoft, although its patents there have been the subject of contention, particularly since many distributions of Linux include the FAT formats.


This is also covered by the Microsoft bunch at Ars Technica (Emil) and other Microsoft reporters.

In February 2009, news broke that Microsoft had filed a patent infringement lawsuit against TomTom, alleging that the device maker's products, including some that are Linux-based, infringe on patents related to Microsoft's FAT32 filesystem. In March 2009, Microsoft and TomTom settled their controversial patent dispute, TomTom licensed the patents from Microsoft, and stated its intent to remove from its Linux kernel the code that is covered by the patents.


We have covered the TomTom case very extensively and also explained why Microsoft had ambushed the market with FAT. Microsoft is not alone though.

Rambus used submarine patents (or an ambush) in order to penalise all of its competitors [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. Rambus was brought to court over this type of abuse and right now it is trying to escape punishment in Europe.

The American memory chip designer has been fighting allegations that it intentionally concealed that it had patents and patent applications connected to DRAM chips, which later became an industry standard. It's accused of charging abusive licensing rates for the technology once its "patent ambush" was sprung.


In an hypothetical industry that prioritises progress, Rambus and Microsoft deserve to have the patents in question rubbished and all royalties previously paid to them refunded over time. If the patent system becomes a tool of deception, then The Christian Science Monitor is probably right and the patent system (including USPTO) deserves to be rubbished along with all those patents. To quote Richard Stallman (regarding EPO earlier this year [1, 2] ): “The European Patent Office is a corrupt, malicious organisation which should not exist.” Stallman argues that if it stands in our way, then we should “get rid of it too.”

RPX: Return of the Uber-Patent Harvester



We previously wrote about RPX in [1, 2, 3, 4, 5, 6, 7]. In short, it's a useless behemoth that only accumulates patents and then offers "protection". Georg Greve has just described RPX rather politely by writing "When your business plan is a euphemism for "protection racket"..."

Greve is the founder of the Free Software Foundation Europe (FSFE) and he links to what he describes as a "Good article on the reality of software patents."

Kleiner Perkins Caufield & Byers is well known for the venture capital it brought to great innovations involving computers, health and energy. One of its latest startups is based on an entrepreneurial idea that may or may not be great but is very interesting: helping companies hand over money for mostly bogus legal claims involving patents.

This particular startup, RPX, doesn't describe itself that way. In fact, it makes a good case that its goal is to help companies, many of them in the tech industry, make the best of the bad situation that is the U.S. patent system. The fact that patent holders and lawyers will end up with money they don't deserve reflects nothing about RPX but a lot about a system filled with rot.

If you think patents protect plucky innovators and their groundbreaking inventions, you haven't been paying attention. Patents have evolved into an extortion scheme that hurts real inventors far more than it helps them.


Of course it does. Patents are about protecting monopolies, not protecting innovation. It's a protectionist measure where the "protected" subject is revenue, not science. It is about investors, not inventors.

There is this new transcript of Richard Stallman on software patents:

The Danger of Software Patents



This is the transcript of a talk presented by Richard M. Stallman on 8 October 2009 at Victoria University of Wellington.


There are also videos of previous Stallman talks which cover the same subject.

Patents Versus Survival



On a couple of occasions earlier this week we wrote about the harms caused to the environment by patents. Check out this new report:

Preservation of IP: One of Many Goals in Copenhagen



[...]

The Chamber's Global Intellectual Property Center (GIPC) has been front and center in this debate, and our position is clear: if governments are serious about addressing climate change, and all agree that new technologies are a vital part of the answer, then IP laws and rights need to be protected in any Copenhagen agreement. Indeed, in our view, a Copenhagen Summit with NO mention of IP at all is a successful conclusion. Current international laws and norms are working, and need to be preserved.


To which Glyn Moody responds with:

Got that? Stuff the environment, we've got to protect the *important* things in life, like intellectual monopolies...


Indeed. Here is a touching report on the subject. ⬆

Comments

Recent Techrights' Posts

Nearly 1,000 People at EPO 'Met' to Plan Further Strikes and Impending Action to Dethrone Corrupt Leadership
Exploring the purchasing "power" of EPO leadership (buying elections while doing cocaine in public)
 
Gemini Links 24/09/2026: Laziness, Outdoor Seating, "AngelNova’s Interview Malware and Its North Korea Connection"
Links for the day
Links 24/09/2026: Slop "Linked to Disturbing Culture of Sexual Assault"; "Zelensky Warns Russia’s War Will Expand if It Is Not Ended Soon"
Links for the day
Winding-up petition served on Reform UK Party Limited (Nigel Farage)
Reprinted with permission from Daniel Pocock
Appliances Should be Dumb
Any "Smart Home Appliance" is basically a thing that does not last long, does not work as advertised, and is generally unfit for purpose
SLAPP Censorship - Part 198 Out of 200: It Sounds Like Garrett is Now Sending People to Silence Critics (Including His Own Spouse)
This week Garrett is having a somewhat karmic experience
Links 24/09/2026: Slop Contaminating KDE, Slop-Focused Data Centres Have Severe Environmental Impact
Links for the day
SLAPP Censorship - Part 197 Out of 200: Garrett Became So Poor That He Wants Others (in Another Continent) to Pay for His Own Legal Work Being Faulty
They lie to courts
The Register MS Has Become a Slopfest
This is the behaviour of a perishing publisher
Gemini Links 24/09/2026: Requiem for a Season, Philosophy, Rube-Goldberg Machine, ROOPHLOCH 2026, and Git over Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 23, 2026
IRC logs for Wednesday, September 23, 2026
IBM Grapevine: Development Outsourced to LLM Slop and It Results in Many Bugs
IBM is circling down the drain and every insider knows it
Microsoft Gives Many People the 'Booty' This Week, Not Counting PIPs (Silent Layoffs and 'Voluntary' Layoffs)
Microsoft PIPs allegedly target "20-25% in some teams."
Links 23/09/2026: Pax Silica Hub Ruins a Country for a Pyramid Scheme (Slop), Convicted Felon's Press Block Resembles Iran, Russia, China
Links for the day
Gemini Links 23/09/2026: Stuck, Gambling, Fury Road, IPFS, and More
Links for the day
The Register Got Paid Today to Spew Out "AI" Almost 50 Times (Keeping the Pyramid Scheme Buzzing in Headlines)
paid-for spam
SLAPP Censorship - Part 196 Out of 200: Sending Someone to Our Doorstep to Ship Approximately 5 KG of Legal Papers (Instead of to Our Representatives)
it is not about law, this is lawfare
IBM's Anderon Already Smells Like a Fraud and IBM Insiders Heckle the Lies From the Management
Sabine Hossenfelder recently made some videos which explain in simple terms why IBM is lying and has already lied about this for years
Links 23/09/2026: Mass-Surveillance by Clownflare and "Data Centre" Crunch Commences
Links for the day
Same Name/Brand, Not the Same Project/Product
What is Linux becoming?
Germany, Like Switzerland, Will Dump Microsoft's Proprietary Software and Disservices, Then Dump Windows for GNU/Linux
This impacts not only the Windows revenue; this corrodes any "rents" Microsoft was getting from "subscriptions"
3 Years Divorced From Americans
Next year we plan to pursue the UK's Court of Appeal
The Register MS Uses Slop About Slop (in Images)
Months ago we caught The Register MS using slop for text as well
There Are Likely Over a Thousand Internet Relay Chat (IRC) Networks Online, Net Gain of 16 Seen This Month by Andreas Gelhausen's netsplit.de
It's good that they're still tracking that sort of stuff
SLAPP Censorship - Part 195 Out of 200: Two Years Since Garrett, Graveley and Lozza Worked in Parallel to Censor Techrights
It began in September 2024, shortly after we had sued Garrett
Linux Kernel Becoming a Slopfest - Part 8 - In Conclusion
this can invite more SCO-like problems in the future
Microsoft Shuts Down More Studios, Morale Low, More Mass Layoffs Ahead of Reports
They pretend it's not happening or that it's a lot smaller than it actually is
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 22, 2026
IRC logs for Tuesday, September 22, 2026
Gemini Links 23/09/2026: Ljubljana, Poetry, and FORTRAN
Links for the day
The EPO's Central Staff Committee (CSC) Shows Job Insecurity at Europe's Second-Largest Institution
Who would want to join a company with such low job security?
There Are Thousands More Microsoft Layoffs (Including Silent Layoffs), Not Hundreds
Microsoft does have layoffs and today is no exception (except Microsoft talks about it)
Gemini Links 22/09/2026: Disability Studies, Slop Boosters, and TkInter
Links for the day
Links 22/09/2026: Flock is Collapsing Amid Mass Backlash and Internet Society Collaborates With the 'Epstein Class' (Trafficking of Women)
Links for the day
SLAPP Censorship - Part 194 Out of 200: The Court Needs to Also Look Into Microsoft-Controlled Restricted Boot Advanced by An American (Garrett) to Promote Monopoly and Back Doors Everywhere
Kill switch sold as 'security' is like euthanasia sold as a cure
Linux Kernel Becoming a Slopfest - Part 7 - Infested With or Plagued by Bot-Generated Slop, Committed by Microsofters
Slop is a security threat; even the person committing slop to Linux might not be aware that there's a back/bug door in the code
Raspberry Pi Has Microsoft Secrets Inside, Now DRM
now we deal with SBCs that have DRM in them, put there for commercial reasons
Edward Snowden Lost His Voice, Then His Leaks Lost Exposure (Access Denied)
When states want to deny people access to some information they have many tools at hand
2 Hours Ago The Register MS Published a Page That Says "AI" 42 Times Because It Was Paid to Do So
Still inflating the bubble for money
Gemini Links 22/09/2026: Scout Night, Cybernetic Capitalism, and Thoughts on Companies Forcing People to Adopt Plagiarism Engines
Links for the day
Links 22/09/2026: "An Arsenal of Surveillance" and Slop Bots Suggest Starting Wars
Links for the day
SLAPP Censorship - Part 193 Out of 200: Breaks GNU and Linux, Tries to Silence Critics, Loses All Money, Looks for Microsoft Allies and Sponsors
The latest emotional knee-jerk reactions serve to confirm what we have long said
Things Will Only Get Better (as We Go Backwards)
It only gets better. If you go back in time.
UK High Court Shows SRA is Totally Useless in Curbing SLAPPs, This Has Impact on Our Reporting on the SRA Next Week
We'll carry on our coverage and soon finish the current series that so we can get on with more time-sensitive ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 21, 2026
IRC logs for Monday, September 21, 2026