Bonum Certa Men Certa

Microsoft's Attack on Software Freedom With Software Patents (and the Significance of the Bilski Case)

Pieter Hintjens



Summary: New analysis of patents relating to software, assorted items from the news, and interpretation of those items

A new volume of the International Free and Open Source Software Law Review has just been released [PDF]. Towards the end, this latest issue contains an article from Pieter Hintjens, who speaks about Microsoft's OOXML corruption and "For monopolists like Microsoft," quotes the president of the FFII, "the answer is to prevent the software from being free, this requires software patents."



Companies like Tuxera help Microsoft achieve this goal even in Europe (Tuxera is based on Finland) and the 451 Group mentioned this company a few days ago:

While it has drawn some controversy for its IP deal with Microsoft, Tuxera says this allows it to benefit from the ability to offer support, integration and licensing for both NTFS and exFAT filesystems.


Tuxera receives money as long as it also allows Microsoft to make money from Android and from Linux. What's not to like? Both Tuxera and Microsoft enjoy this, at the expense of software freedom. Microsoft uses Tuxera as a bridge with which to impose software patents on Linux (including branches/derivatives).

Here is a new press release which remarks on the difficulty of obtaining "business method software patents" (they are lumped together as though they are one).

The fundamental business methods and processes unique to N-Play(R) led the U.S. Patent and Trademark Office to recently issue U.S. Patent #7,664,682. Business method software patents are considered a rarity and are the most difficult patents to obtain through the USPTO with less than 17% being approved.


Well, it's obviously not hard enough because none at all should be accepted, especially after the Bilski case (assuming the decision stands when it's released [1, 2, 3, 4, 5]). If business method patents and software patents are seen as equatable, then both can probably be abolished post-Bilski. Neither refers to an actual product which is physical. Besides, as this new article puts it:

The US Patent Office has been flooded with software patents ever since.


85% of Microsoft's patent filings are said to be for software patents (monopolies on algorithms).

It has become utterly trivial to patent just about anything and one person has just put it like this:

Since anything (however stupid it might be) can be patented, I am gonna patent the following:

Title: SYSTEM and METHOD for TROLL CONTROL in open-source projects mailing lists, via Contribution-Points based eMail Limits


Speaking of trolls, Thomas Edison has some voice recordings of his salvaged. It's more of an historical thing, not much of professional value. Edison was part of the problem we now know as the USPTO; his characterisation as an inventor is often challenged as it neglects to mention how he took people's existing ideas, modified these mildly and then claimed/earned a monopoly on them. Edison is said to have been a businessman and a patent (monopoly) opportunist, just like Bill Gates in a sense.

Comments

Recent Techrights' Posts

[Video] Online Brigade Demands That the Person Who Started GNU/Linux is Denied Public Speaking (and Why FSF Cannot Mention His Speeches)
So basically the attack on RMS did not stop; even when he's ill with cancer the cancel culture will try to cancel him, preventing him from talking (or be heard) about what he started in 1983
On Wednesday IBM Announces 'Results' (Partial; Bad Parts Offloaded Later) and Red Hat Has Layoffs Anniversary
There's still expectation that Red Hat will make more staff cuts
 
What Fake News or Botspew From Microsoft Looks Like... (Also: Techrights to Invest 500 Billion in Datacentres by 2050!)
Sededin Dedovic (if that's a real name) does Microsoft stenography
Stefano Maffulli's (and Microsoft's) Openwashing Slant Initiative (OSI) Report Was Finalised a Few Months Ago, Revealing Only 3% of the Money Comes From Members/People
Microsoft's role remains prominent (for OSI to help the attack on the GPL and constantly engage in promotion of proprietary GitHub)
[Meme] Master Engineer, But Only They Can Say It
One can conclude that "inclusive language" is a community-hostile trolling campaign
[Meme] It Takes Three to Grant a Monopoly, Or... Injunction Against Staff Representatives
Quality control
[Video] EPO's "Heart of Staff Rep" Has a Heartless New Rant
The wordplay is just for fun
An Unfortunate Miscalculation Of Capital
Reprinted with permission from Andy Farnell
Online Brigade Demands That the Person Who Made Nix Leaves Nix for Not Censoring People 'Enough'
Trying to 'nix' the founder over alleged "safety" of so-called 'minorities'
[Video] Inauthentic Sites and Our Upcoming Publications
In the future, at least in the short term, we'll continue to highlight Debian issues
List of Debian Suicides & Accidents
Reprinted with permission from disguised.work
Jens Schmalzing & Debian: rooftop fall, inaccurately described as accident
Reprinted with permission from disguised.work
[Teaser] EPO Leaks About EPO Leaks
Yo dawg!
IBM: We Are No Longer Pro-Nazi (Not Anymore)
Historically, IBM has had a nazi problem
Bad faith: attacking a volunteer at a time of grief, disrespect for the sanctity of human life
Reprinted with permission from Daniel Pocock
Bad faith: how many Debian Developers really committed suicide?
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 21, 2024
IRC logs for Sunday, April 21, 2024
A History of Frivolous Filings and Heavy Drug Use
So the militant was psychotic due to copious amounts of marijuana
Bad faith: suicide, stigma and tarnishing
Reprinted with permission from Daniel Pocock
UDRP Legitimate interests: EU whistleblower directive, workplace health & safety concerns
Reprinted with permission from Daniel Pocock
Links 21/04/2024: Earth Day Coming, Day of Rest, Excess Deaths Hidden by Manipulation
Links for the day
Bad faith: no communication before opening WIPO UDRP case
Reprinted with permission from Daniel Pocock
Bad faith: real origins of harassment and evidence
Reprinted with permission from Daniel Pocock
Links 21/04/2024: Censorship Abundant, More Decisions to Quit Social Control Media
Links for the day
Bad faith: Debian Community domain used for harassment after WIPO seizure
Reprinted with permission from Daniel Pocock
If Red Hat/IBM Was a Restaurant...
Two hours ago in thelayoff.com
Why We Republish Articles From Debian Disguised.Work (Formerly Debian.Community)
articles at disguised.work aren't easy to find
Google: We Run and Fund Diversity Programs, Please Ignore How Our Own Staff Behaves
censorship is done by the recipients of the grants
Paul Tagliamonte & Debian Outreachy OPW dating
Reprinted with permission from disguised.work
Disguised.Work unmasked, Debian-private fresh leaks
Reprinted with permission from disguised.work
[Meme] Fake European Patents Helped Fund the War on Ukraine
The European Patent Office (EPO) does not serve the interests of Europe
European Patent Office (EPO) Has Serious Safety Issues, This New Report Highlights Some of Them
9-page document that was released to staff a couple of days ago
IRC Proceedings: Saturday, April 20, 2024
IRC logs for Saturday, April 20, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Microsoft-Run FUD Machine Wants Nobody to Pay Attention to Microsoft Getting Cracked All the Time
Fear, Uncertainty, Doubt (FUD) is the business model of "modern" media
Torvalds Fed Up With "AI" Passing Fad, Calls It "Autocorrect on Steroids."
and Microsoft pretends that it is speaking for Linux
Gemini Links 21/04/2024: Minecraft Ruined
Links for the day
Links 20/04/2024: Apple is Censoring China’s App Store for the Communist Party of China
Links for the day
Links 20/04/2024: Accessibility in Gemini and Focus Time
Links for the day
Congratulations to Debian Project Leader (DPL) Andreas Tille
It would not be insincere to say that Debian has issues and those issues need to be tackled, eventually
20 April: Hitler's Birthday, Debian Project Leader Election Results
Reprinted with permission from Daniel Pocock
September 11: Axel Beckert (ETH Zurich) attacks American freedoms
Reprinted with permission from Daniel Pocock
20,000 victims of unauthorized Swiss legal insurance scheme
Reprinted with permission from Daniel Pocock
Matthew Garrett, Cambridge & Debian: female colleague was afraid
Reprinted with permission from disguised.work
David Graeber, village wives & Debian Outreachy internships
Reprinted with permission from disguised.work
Neil McGovern & Ruby Central part ways
Reprinted with permission from disguised.work
Links 20/04/2024: Chinese Diplomacy and 'Dangerous New Course on BGP Security'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 19, 2024
IRC logs for Friday, April 19, 2024
The Latest Wave of Microsoft Crime, Bribes, and Fraud
Microsoft is still an evil, highly corrupt company