Bonum Certa Men Certa

Software Patents Complication Shows Why Linux Needs the FSF

GNU and Linux



Summary: Contrary to common misconceptions, the FSF's philosophy and work actually defend Linux from the patent attacks it currently faces from Apple, Microsoft, and possibly their henchmen at Intellectual Ventures

SEVERAL days ago, TuxRadar (a Linux Format magazine Web site) decided to run a strange poll with a strange introduction that can be seen as bait (the question seems like push polling [1, 2, 3]), or maybe an attempt to make the FSF look bad. That's fair enough as they can express an opinion or seek opinions, but as Jason from The Source put it:



This reminds me of a GNOME Foundation poll.


Jason refers to this incident [1, 2, 3, 4, 5, 6], which ended up with tears.

“The FSF is actually fighting against the problems and the associated corruption of the patent system, for example.”Anyway, that poll about the FSF was seemingly alienating GNU/FSF and it led to this troll headline from ECT, which says "Would Linux Be Better Off Without the FSF?"

This is ludicrous. The FSF is actually fighting against the problems and the associated corruption of the patent system, for example. On the contrary, Linux is backed by some of the very same companies that are part of the problem. They have many software patents that they are not prepared to give up or give away (bar OIN).

Ciaran from the FSF has produced a full transcript of Andrew Tridgell's recent talk (video here) and The Source remarked on it as follows:

Well worth reading, especially in light of increasing patent-based FUD attacks against Linux from Microsoft and the doom-and-gloom appeasement arguments and anti-community actions from Microsoft lackeys.


In the comments, Jose_X points at this old article from Richard Stallman. It's about patents. The FSF should be commended for its work on the issue of software patents, not denounced or ostracised by people who choose to ignore reality. The reality is not as simple as "Linux is cool"; there are many legal attacks or even corruption (white-collar crime) involved in marginalising Linux and those who are blind to it are not helping the cause of GNU/Linux promotion. Moreover, those who stomp on the FSF are doing more damage than they realise.

Glyn Moody has published this follow-on post after a previous post where he wrote about Intellectual Ventures.

Free Software's Secret Patent Weapon



Yesterday I was warning about the threat that the super-troll Intellectual Ventures represents. To provide some balance, here's a surprisingly upbeat piece from Samba creator Andrew Tridgell on how to read software patents. It's incredibly well done, and I recommend it to everyone.


Tridgell's warnings were first mentioned by us in a post about "Apple's Patent Threat to Linux". We more or less foresaw what shortly afterwards became a reality because Apple sued Linux [1, 2, 3, 4, 5, 6] and received Microsoft's support [1, 2, 3]. It smacks of racketeering [1, 2, 3, 4, 5, 6, 7]. HTC and Google will fight back and as Lora Bentley put it, the circumstances make it apparent that Linux indeed is the target (Android).

The fact that Google issued a statement in support of HTC before HTC even commented on the lawsuit also lends credence to the idea that Apple is actually gunning for Google here.


Google is also harassed (sued for patent violation) by a company called Red Bend. It does not appear to have a software product (maybe just licensing). The company's Web site is vague about it and all the company talks about are some big numbers (new press release) and FOTA [PDF].

“People are gradually beginning to ask questions about the role of Intellectual Ventures and their immense holding of software patents.”
      --Simon Phipps
It is worth noting that Red Bend chooses Windows for its Web site and its latest blog post is about Microsoft.

Going back to Intellectual Ventures, which was funded by Apple, Microsoft, and Bill Gates, this patent troll has over 1,000 'satellite' firms that it is said to be using to sabotage the business of companies which refuse to pay "protection money" (secretly, under NDAs). Simon Phipps has this to say about Kodak's latest revelations about Intellectual Ventures: "People are gradually beginning to ask questions about the role of Intellectual Ventures and their immense holding of software patents. Kodak is not a company I like (they trolled Sun for a fortune) but this accusation is very serious. Getting to the bottom of it would take some serious and well-funded investigation. Or, plan B, we can ask our legislators to remove the mechanisms used for trolling…"

Stephen O’Grady explains why he is against software patents and uses Intellectual Ventures to make his case:

Still others expect me to argue that the greater good – a dangerous phrase if ever there was one – demands that software be unpatentable. That Nathan Myhrvold’s Intellectual Ventures is the epitome of evil in the world, with a revenue model based strictly on extracting value from an antiquated patent system that has been mistakenly applied to an industry that requires no such protections. But while I personally believe that Myhrvold’s company is based entirely on extracting profit from a broken system rather stimulating invention as he claims – that Intellectual Ventures is just a version of those infomercials seeking ignorant “inventors” to exploit writ large – this isn’t why I’m against software patents.


TechDirt also has this new example of why software patents have gone extremely silly.

Why Real Programmers Don't Take The USPTO Seriously: Doubly-Linked List Patented



[...]

It's pretty difficult to find software engineers who take the patent system seriously. There are a few, but it's still pretty difficult. For the most part, they recognize that code is just a tool: you can make it do all sorts of things, given enough time and resources, but that doesn't mean that doing any particular thing in code is an "invention" that no one else should be able to do. And then, sometimes, they discover that something pretty basic and old has suddenly been given a patent. Brad Feld discusses his discovery that doubly linked lists were apparently patented in 2006 (patent number 7,028,023)...


In the news this week we have: "Cognex and Fuji Resolve Vision Software Patent Dispute"

As we continue to emphasise, a lot of the bullying with software patents comes from Apple and Microsoft (among the large companies, IBM and Google do not do this, even though they have software patents). But there is more to Microsoft than just Microsoft itself; for instance, look at former Microsoft employees who created companies such as LikeWise [1, 2]. They are playing with software patents and with Microsoft. They bring that over to UNIX, Linux, and even VMware, which is also run by former Microsoft employees and it shows. Microsoft is trying to feed Linux with software patents by shoving them down its throat. What is Linus going to do about it [1, 2]? If it weren't for the FSF and FFII, for example, where would we be?

Comments

Recent Techrights' Posts

IBM is "Taking the PIP" (Piss), People 'Retire' 'Voluntarily' to "Focus on Family"
IBM has a billion bucks for 'the butcher', but not a million dollars for critical projects and initiatives in Free software
It Should be Uncontroversial to Say That Social Control Media is a Weapon
Democracy is not compatible with the likes of Kapo-Berg and MElon controlling public discourse of billions
Debian: Plagiarism OK, Just be "Responsible" About It
The result isn't the worst, but it's not good either
Don't Let Them Kill Activism
Are the oligarchs shutting the lid on activism and whistleblowers?
Michael Catanzaro's Latest Blog Post Affirms Rumours of Red Hat Changes and RAs/PIPs at IBM
reading between the lines, IBM is "spitting out" Red Hat staff
 
Links 29/08/2026: Microsoft GitHub Outage (Again), "Displaying Ads Directly on Your Monitor", and "Election Deniers Could Soon Control Elections"
Links for the day
Misuse of Bots (Now Sold as "Agents", "Hey Hi", "Automation", and "Efficiency")
They even try to rebrand robotics as "hey hi" and try to sell slop as "work"
SLAPP Censorship - Part 165 Out of 200: Two Years Since My Wife and I Sued
In early September 2024 we hit back
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 28, 2026
IRC logs for Friday, August 28, 2026
Gemini Links 29/08/2026: Death Notice, Systems Biology, and Gopher
Links for the day
Links 28/08/2026: Chatbot Pushers Admit They're Used Heavily for Social Engineering Scams, Strong Backlash Against "Smart Glasses" (CCTV on Legs)
Links for the day
If Linux Was Written in Rust, 80% or More of Linux Developers Would Not Understand It (Same If It's Composed by LLM Slop)
The licence (GPL) is not enough when there are ways to bypass it
Gemini Links 28/08/2026: Absurd Tomodachi Summer, Screen Piggery, and Jugulans 1.0.3 Released
Links for the day
Links 28/08/2026: "UK Power Grid Has a Phantom Data Center Problem" and "Growth at All Costs is Cancer"
Links for the day
SLAPP Censorship - Part 164 Out of 200: Patent Troll SLAPPs, Defamation Trolls, and Stranglers From America
You start to wonder if the core issue is insecurity
Rumours of More PIPs and Layoffs at Confluent Just Months After IBM Bought It
It is meanwhile apparent IBM will have mass layoffs next week (September)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 27, 2026
IRC logs for Thursday, August 27, 2026
After Many Waves of PIPs (Silent Layoffs) IBM Makes Non-Silent Layoffs, Effective Next Week (September)
What we heard is turning out to be true
Gemini Links 27/08/2026: Oklahoma, Tennessee, Haiku OS, Digital Resistance, and Staying Offline
Links for the day
Links 27/08/2026: Facebook to Pay Up to $17.1 Billion to Cover Up Known Harms, Nepal Landslide Kills Many
Links for the day
The Register MS Has Just Published Paid Spam That Says "AI" 19 Times
1.5 hours ago
Mainstream Media is Paid to Link "AI" Criticism/Boosting to Jeffrey Epstein Enablers, in Effect Showing How Corrupt This Media Became
Many readers will have noticed what was a paid-for PR campaign of a global scale
RSS is King: Why Having Subscribers or Followers in Sites You Neither Own Nor Control is Loss of Autonomy and Search is Mostly Slop (Plagiarising Sites, Not Linking to Them)
Because digital connections in third parties aren't assets; they endow another party with tremendous power over people (e.g. MElon getting to decide who can and cannot reach people or what messages to "dim down")
Claims of Tens of Thousands of 'Silent Layoffs' at IBM (and Red Hat)
Looking at recent activity in thelayoff.com, about 80% of the comments and posts are about PIPs
Links 27/08/2026: "Flock’s CEO Is Lying to Cops" and Microsoft's GitHub Actions Breaks Down Again (Too Many Layoffs, Loss of Knowledge)
Links for the day
Clownflare Sees GNU/Linux and ChromeOS at Over 13% in Bahamas
Narrowing down to desktops and laptops, and judging by Web requests that go through Clownflare, many people there use GNU/Linux or Google's 'bastardised' version of it (with spyware preloaded)
Richard Stallman Complains That Linux Gives a Bad Name to GNU and Asks for Feedback on What's Wrong with Systemd (and Wayland)
Maybe some people want to send him a detailed, polite explanation
GNU/Linux Does Not Need Social Control Media to Succeed
When it comes to Social Control Media, Richard Stallman was right
Increasing Focus on Patent Injustices
We'll soon cover the EPO a lot more
SLAPP Censorship - Part 163 Out of 200: Attack on Computer Science and on Computer Security (or Associating Back Doors and Kill Switches With "Security")
Nowadays there are many who pretend to be security professionals
There's No "Next XBox"
Nothing comes ahead except layoffs and price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 26, 2026
IRC logs for Wednesday, August 26, 2026
Gemini Links 27/08/2026: Conditioning, Lagrange 1.21, and Computer Games
Links for the day