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

All-Time Lows for Windows in Spain and Portugal
data which became publicly available less than 24 hours ago in statCounter
SLAPP Censorship - Part 64 Out of 200: Not Amused by Repeated Threats (to "Shut Down" My "Existence" While Mentioning My Wife Too)
it's about censorship
The NHS is Under Attack by Anthropic and Microsoft (or Their Lemmings That Infect the NHS)
They are kidding themselves if they seriously believe Web-facing source code repositories are the real threat to patients
cPanel is Not Linux, cPanel is Proprietary Software
It's fair to say I've used cPanel for 23 years
 
Links 03/05/2026: Water Shortages Crises and Slop Fakes "Are Coming for Your Bank Account" (Slop-Enabled Fraud)
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XI - EPO 'Products' to Cement Asian and American Monopolies
Only a fool would believe Lame Duck Campinos
Microsoft Windows Falls Below 9% in South Africa
As one can expect, GNU/Linux is measured as going up in France
Gemini Links 03/05/2026: The Black Side of the Web, LiveJournal, Chimarrão
Links for the day
A Month Since Mass Layoffs at Red Hat (400+ Engineers Laid Off), The Media Didn't Cover It
We are very concerned about the state of the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 02, 2026
IRC logs for Saturday, May 02, 2026
Gemini Links 02/05/2026: Strange Psychosis and TUIs
Links for the day
Links 02/05/2026: Microsoft Has Begun Rebranding Vista 11 as 'XBox' (Because the Console is Dying), Slop Rejected by Oscars
Links for the day
IBM's CEO 10 Years Ago in IBM-Sponsored Forbes: "For those willing to embrace [blockchains], the future will indeed be bright."
How well did this prediction materialise?
RightsCon Cancellation as a Data Point in a World Gone Astray
RightsCon should not even be controversial
Links 02/05/2026: Gen Z is Turning Against Slop and OpenAI/Microsoft Rift Explained
Links for the day
Storage and Memory Prices Are Rising Not Because of High Demand (Production Can Match Demand), It's Partly Because of Price-Fixing (Same as Food Price Increases)
Sophisticated robberies are still robberies
Thousands of Layoffs at IBM, So IBM Pays Mainstream Media to Claim That IBM is Hiring (Paid Lies)
This is a story about the media failing us, not just IBM failing as a company
A Look at DataStax Bluewashing (IBM and Layoffs)
IBM is a place that many people leave or get pushed out of
Gemini Links 02/05/2026: Leaving Session, Alhena 5.5.7, and Slop Failing Customers
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 01, 2026
IRC logs for Friday, May 01, 2026
Links 01/05/2026: Microsoft 'Headcount' Decreasing, Apple Quietly Killing Vision Pro
Links for the day
Oracle's Debt Grew by Over 50 Billion Dollars in 6 Months
Larry Ellison spent a lot of money buying a lot of the corporate media
In Praise of Debian
30 hours ago we began an upgrade
What Linus (Torvalds, the Linux Dude) Meant by "Show Me the Code"
"Show Me the Code" is a common cultural reference
Yes, GNU/Linux Can Run on Playstation 5, But Don't Buy It, Learn From Sony's Past of Rootkit and PS3 Betrayal
Millions of Playstation 3 owners will never forget what Sony did to them
XBox Will Not Last Much Longer, XBox Chief Admits Problems
Microsoft's latest "results"
Dealing With Demagogue in Free Software
Don't spread their ideology and never participate in any of their projects
What May 1 Means to Us (and to Many Others)
To me, May 1 means something
Microsoft Lunduke is 'Pulling a Garrett' by Turning Technical and Legal Debate Over Rust Into a 'Trans Debate'
Don't fall for the demagogue
Links 01/05/2026: Regulatory Trouble for Apple, Now Even Mozilla Pushes Back Against Google
Links for the day
Microsoft "Buyout" Offer is Less Than One Year's Salary
So our assumption about this was correct
The Corrupt Lecture the Non-Corrupt - Part X - European Patent Office Managers Have Crossed Red Lines, According to Themselves
The girlfriend of the President of the European Patent Office (EPO) is trying to muzzle EPO critics
Techrights is Still Growing, Attacking Techrights Does Not Weaken the Community
Bullying us for 2+ years does not result in fear, it results in us feeling more emboldened and motivated
SLAPP Censorship - Part 63 Out of 200: Graveley as a Stripped-Down Version of Garrett in the Particulars of Claim (5RB Barrister Could Do This in One Minute)
Lazily and sloppily, it looks like the barrister took Garrett's claims and tweaked them a little (shortened) for Graveley
Lots of People Leave IBM, Today IBM Has About 1,000 Workers Fewer Than Yesterday
Confluent "last day" for 800+ people
Been a Very Busy Week
Next week, as we have no upgrades to prepare for, we should be able to publish at the usual pace of 20+ pages per day
In New Letter Sent to Chair and Heads of Delegation of the Administrative Council of the European Patent Organisation the Staff Union Explains How to End European Patent Office Strikes
If Campinos continues to behave as he does right now, the Council can show him the door
Links 01/05/2026: Poems and Continuous Privacy Policy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 30, 2026
IRC logs for Thursday, April 30, 2026
Microsoft Debt Rose Almost $50 Billion Since We Moved to Debian
GAFAM has a new name for debt