Bonum Certa Men Certa

Patents Roundup: Red Hat on Patent Trolls; Apple Antitrust; Microsoft Attacks Theora, Which is Needed to Save Our Video Culture

Ogg versus MPEG



Summary: Ogg Theora is being smeared and demoted by Microsoft and its boosters while H.264 is pushed hard, even by Apple which now faces an antitrust inquiry for anti-competitiveness

A FEW days ago we summarised the Acacia hoopla by stating that it's all over:



There is a somewhat belated announcement from Novell and Red Hat's Rob Tiller wrote about it too. He is confident despite the fact that Red Hat does not always win against patent trolls [1, 2, 3, 4, 5, 6].

We learned many things from this experience, but I'll note just three here. We now know for certain that those in the business of bringing software patent lawsuits are not invincible, even in the supposedly patent-friendly jurisdiction of the Eastern District of Texas. We know that Texas juries are willing to reject bogus infringement claims and invalidate bad software patents. And we know that attacks on open source based on FUD will not stand up when subjected to the light of truth.


One blogger from Dr. Dobbs says that there is growth in "Theora FUD" at the moment (also to do with patent claims).

A blogger named Hugo Roy posted a piece called An Open Letter to Steve Jobs in which he picked on Steve a bit about the openness of H.264. A few valid points were made, but most interestingly, Hugo then posted an email response he says came from Steve himself, which included the following inflammatory quote:
A patent pool is being assembled to go after Theora and other “open source” codecs now. Unfortunately, just because something is open source, it doesn’t mean or guarantee that it doesn’t infringe on others patents.
If this is true, it is bad news for Theora indeed. Can the Mozilla foundation afford to hang a giant "Kick Me" sign on the next version of Firefox? Can they afford to litigate against even a single patent lawsuit, much less this consortium Steve is quoted as knowing of?


Apple's many abuses as of late (going after bloggers, blocking third-party developers [1, 2, 3, 4, 5, 6, 7, 8], veiled threat against Ogg, etc.) do add up. The FTC has just launched an antitrust inquiry, which is not as bad as that may sound.

According to the New York Post, The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) are negotiating which of them will launch an inquiry into a clause in the iPhone OS 4 SDK that bans the porting of software originally written for Adobe's Flash, Sun's Java or Microsoft's Silverlight/Mono to the iPhone OS.


The FTC is usually quite toothless and the FCC nearly went after Apple once before (right after Microsoft connections were formed inside the FCC). Apple also has an edgy history with European antitrust, mostly over the music business. What the FTC really needs to crack down on is AstroTurfing, including some from Microsoft [1, 2, 3]. The FTC promised that it would address the problem -- one that we covered in old posts such as:



The FTC or the DOJ may also want to investigate Microsoft for racketeering [1, 2, 3, 4, 5, 6, 7]. Microsoft has resorted to outright extortion against its #1 competition, which is GNU/Linux. As Penguin Pete put it:

Funny how it's always Linux which Microsoft is alleging is infringing on Microsoft's patent portfolio, isn't it? Not FreeBSD, not OpenBSD, not NetBSD, not Solaris (open or closed), not Plan Nine From Bell Labs, not ReactOS, not Minix, not GNU-HURD, not any of the flavors of proprietary Unix.


This whole extortion may also end when the Bilski case is once again concluded, assuming that it also kills software patents. Patent trolls/lawyers and monopolies will fight tooth and nail for software patents. Justice Sonia Sotomayor is not helping, either.

Sonia Sotomayor, or Justice Sotomayor is the newest, and maybe the most worrying judge on the US Supreme Court.

Sotomayor was previously married to Kevin Noonan,[1] a patent lawyer who is very pro-patent.


SJVN wrote about the subject, starting with a sound bite that berates lawyers:

First, we kill all the patent lawyers



Actually, I don't think we should kill all the patent lawyers. Some of my best friends are patent attorneys -- no, really. But I'd happily stick a knife into the American patent system.

In the beginning, the U.S. patent system was meant to encourage inventors and innovation. Abraham Lincoln is reputed to have said, "The Patent System added the fuel of interest to the fire of genius." That was then. This is now.

Today, unless the Supreme Court does the right thing and tosses out business practice and, by implication, software patents with the proper decision in the Bilski case, we're stuck with a system designed to wreck anyone who actually tries to implement his own ideas.

You see, with many software patents there is no specific language, no hard code, but only descriptions of general processes that can be implemented in multiple ways. Now, you might think you could avoid patent trouble by looking up the appropriate patents and not using them. Good luck with that.

[...]

This is why Microsoft, despite being the loser in some whopping patent lawsuits, such as the $200 million-plus it owes i4i for violating its patents and the $1.5 billion it once owed Alcatel-Lucent, is happy to threaten other companies, especially those that use Linux or open-source software, such as Amazon and TomTom into licensing agreements.


That last example about Alcatel-Lucent includes reasons to embrace Theora, but Microsoft is strongly against Theora, as we recently explained and showed in:



Microsoft continues to justify ignoring Theora. They are using their familiar FUD to justify using something that they are covered for or paid for. As always, their friend Bott joins the attack on Theora (a pile of the usual Microsoft propaganda via ZDNet's Bott/Foley). It's extremely disingenuous and The Source explains why:

Oof. ZDNet’s Ed Bott attacks the FSF hard in “Ogg versus the world: don’t fall for open-source FUD“.

One issue

Mr. Bott calls out some of the points made on the PlayOgg FAQ as being “FUD”, “outright lies”, “technically absurd”, “factually dead wrong”, and maybe even downright anti-kittens-with-funny-captions-underneath.

Let’s look at one of his examples (we’ll only take the first one, but the entire article is chock-full of fallacious fun).

[...]

People like Mr. Bott who carry water for organizations like Microsoft are going to resort to hypocrisy, hair-splitting and strawman-bashing tactics.

For example, Mr. Bott seems quite content to quote the CEO of the MPEG-LA asserting that “no one in the market should be under the misimpression that other codecs such as Theora are patent free” in the very article where he is taking the FSF to task for FUD.


The MPEG-LA CEO is a patent troll. The Source concludes with: "So, be aware of that mindset when you write. There will always be someone out there ready to take a cheap shot or play integrity-free games with the point you are trying to make. You can’t stop them – because they aren’t after the truth - but you don’t have to give up free points on the goal either."

“[P]atent trolls aren't a pathology of [software patents], but a natural consequence of the system. Not a bug, a feature.”
      --Carlo Piana
Carlo Piana (Samba lawyer) explains that "Fighting trolls is [is not] getting rid of [software patents]. Getting rid of [software patents] is a way to defeat trolls, though." He also shrewdly points out that "patent trolls aren't a pathology of [software patents], but a natural consequence of the system. Not a bug, a feature."

MPEG-LA is essentially a pool and an example of a troll/bully because of the way it coerces from the outside. As some other sources warn a lot these days, MPEG-LA is a huge risk to our culture because a lot of our videos got trapped in MPEG-LA's so-called 'property' (MPEG-LA members are the ones to loot everyone and MPEG-LA is just their 'front group', a la MPAA/RIAA). We really need a codec like Theora and it should be defended from the self-serving members of MPEG-LA.

Recent Techrights' Posts

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
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
What the Solicitors Regulation Authority (SRA) and Action Fraud UK Have in Common
Don't let London become the world's "crime capital"
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
 
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
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
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
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
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
Hard to Replace 'Human Touch'
The reason many people insist on using GNU
Richard Stallman Gives Talk in 20 Hours at Ostschweizer Fachhochschule Campus in Rapperswil-Jona
The talk is in English
The Slop Companies Gamble at Our Economy's Expense and They Know It's a Losing Bet (So It's a de Facto Robbery)
The crash of this bubble isn't just inevitable, it's already happening and receding sporadically because of false announcements about money that does not actually exist (to "buy time")
Suppressing Speech by Blackmail, the Iran Story
When Debian wanted to stage a seemingly legitimate election it needed to have more than one candidate running; so eventually the female partner of a geek rose to the challenge (had no coding skills at all, no technical history in Debian) and lost to the "incumbent German"
Too Focused on Buzzwords the Media is Paid to Saturate the Collective Mind With
Just because companies do really bad things in the digital realm does not imply "AI" or follow from "AI"
Discrimination and Prejudice Against Female Journalists
we can shame people who attack a reporter on the grounds of gender
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part II - Trying to Put People in Prison for Committing the Act of Journalism
This is abuse of process
Attack on Copyright and Copyleft by Code Conversion Is Nothing New, It Predates Slop (Code Produced by LLMs) by Several Decades
Even back in the 90s many people converted programs from one language to another. That could invalidate copyleft (and copyright), which already existed
Almost a Slopless Weekend for "Linux"
Let's hope slop will come to an end or sites will cease linking to slop
Insiders Explain Why IBM is Dying and the Inherent Culture Problem
There are many ways to shave this IBM cat
Links 08/03/2026: Microsoft Lost $400 Million on "Project Blackbird" and Half the States Sue Over Illegal Tariffs
Links for the day
Links 08/03/2026: Cisco Holes Again and "Blatant Problem With OpenAI That Endangers Kids"
Links for the day
Activism/Journalism in Our Blood
one must fight for one's principles
Gemini Protocol in Its Prime
What's particularly neat about Gemini Protocol is that it's fast and cheap
Microsofters' SLAPP Censorship - Part 6 Out of 200: Intentionally Misnaming Women, People Who Offered to Testify That They Too Had Been Subjected to Similar Abuse
Today it is International Women's Day
Even Fedora Leadership Cannot Figure Out the Microsoft Kill Switch/Back Door, 'Secure' Boot
It does not actually enhance security
Bruce Perens: Richard Stallman "Has Achieved His Goal"
Stallman's next talk is tomorrow
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 07, 2026
IRC logs for Saturday, March 07, 2026
Gemini Links 07/03/2026: Buying Woodland, Indra 1.3.0 Available, and LLM Exhaustion
Links for the day
The Harder They Attempt to Take Down This Site (and Take Away Liberties), the More People Will See This Site
We'll carry on as usual, as from sunlight comes justice
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part I - A Matter of National Security
Those people are Americans who try to advance the interests of American corporations by weaponising courts abroad
Why They Always Try to Shoot the Messenger (When the Message Harms Profits)
A matter of economics
Coinbase - Like Block - is in Huge Trouble, Its Debt Nearly Doubled in Half a Year
The real reason Block is collapsing is its debt
Starting Another New Series This Evening, It's About American Folly
today commences a series long in the making (years)
Nations Stand to Benefit From Gender Equality and Increased Participation by Women
International Women's Rights Day starts in about 6 hours in the UK
Microsoft is Losing It, Now It's Censoring Its Critics and Sceptics
Whether the measurements made by statCounter are accurate or not, the trends (long-term) typically make sense
WIRED (Conde Nast) Reviews Are Paid-for Marketing Spam, They Change Dates on Old 'Articles' to Make Them Look Relevant and New
The Web is fast becoming a burial ground for ads, trash, spam, and slop
Gemini Links 07/03/2026: Humour, Chilling, and Oversized 'Phones'
Links for the day
Cyber|Show by Andy and Helen Recommended by Techrights and Tux Machines
If your time is limited and you look for informative essays and shows (audio)
Links 07/03/2026: CJEU to Finally Examine Behaviour of the Illegal and Unconstitutional Unified Patent Kangaroo Court, Creative Commons (CC) Hosts Open Heritage Statement Event in Amsterdam
Links for the day
Microsoft's Thailand Problem
It's definitely not Windows
New Lows for Microsoft in Micronesia
GNU/Linux has shown some growth there too
Microsofters' SLAPP Censorship - Part 5 Out of 200: Clearly Not a Security Professional/Expert, Only Ever Pretending to be One
"The Claimant says he is “a computer security expert”, but his background and his track record in the education sense (genetics) does not support this assertion."
Links 07/03/2026: Fuel Already Running Low and "Economic Crisis of the Iran War"
Links for the day
The Corporate Media Repeated the Lies Told by Jack Dorsey ("AI" Hype), Now It Does the Same for Larry Ellison
Disregard the hundreds of headlines that say mass layoffs at Oracle are due to "AI" something
The Free Software Community is Gaining Momentum as Its Importance is More Broadly Realised
As long as "trendy" technology goes in a negative direction there will be a growing portion in society looking for alternatives
Spooking or Chasing Away Women (From Computer Science)
The status quo discourages women from even trying to study Computer Science and related disciplines
"IBM Has Changed So Much in the Last Decade to the Point It's Completely Unrecognizable."
IBM is a dying, rotting company with a morbid culture
The Register MS, Sponsored by Communist Party of China (CPC)
What will happen when the bubble crashes the economy?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 06, 2026
IRC logs for Friday, March 06, 2026
Gemini Links 07/03/2026: Coffee Problem, Marchintosh, Learning, and "Selectively Disabling HTTP"
Links for the day