Bonum Certa Men Certa

Patent Aggression Against Linux: Microsoft, Apple, and Nobody Else

Team of two



Summary: A look at some of the latest patent news and an explanation of why Microsoft and Apple (and Microsoft's patent trolls) are by far the biggest problem

Well, we don't write so much about the Bilski case anymore. It's because we have done enough of that and the analyses are quite repetitive in the sense that few raise new points. To give just a small number of noteworthy posts that we missed, Brian Proffitt writes about the impact on software patentability in the US, Brad Feld is upset after spending time and money to abolish software patents in the US, IDG claims that SCOTUS leaves software patentability intact in the US, Datamation has a new cartoon about it, and Mike Masnick says that the IEEE misleads with its damned press release in the US. The headline from The Register reads: "Yes, software can be patented, US Supremes say" (false).



But they didn't say that. They merely avoided addressing the subject.

A few days ago we wrote about the impact of biotech patents and the impact of SCOTUS on them. They are said to have received a "boost". [via Slashdot]

Myriad Genetics Inc., Genomic Health Inc. and the rest of the burgeoning industry for personalized medicine stand to gain from yesterday’s landmark U.S. Supreme Court decision on patenting business methods.

[...]

The decision from the Supreme Court is unlikely to end the debate over diagnostic patents.


A couple of days ago Slashdot showed that Microsoft had patented things that should not be patented.

theodp writes "This week's USPTO patent application disclosures included a trifecta of scary health-related 'inventions' from Microsoft. For starters, Microsoft envisions seeing Kids' Personal Health Records Fed Into Video Games, where they can be used to 'regulate and/or prescribe an individual's behavior while playing electronic games.' Next up is Centralized Healthcare Data Management, which describes how employees' health habits can be 'monitored, tracked or otherwise discovered' so employers can 'incentivize a user for an act or penalize for an omission to act.' Finally, there's Wearing Health on Your Sleeve, which describes a sort of high-tech Scarlet Letter designed to tip off 'doctors, potential dates, etc.' about your unhealthy behavior by converting information — 'number of visits to the gym, workout activities, frequency of workouts, heart rate readings, blood pressure statistics, food consumption, vitamin intake, etc.' — into a visual form so that others can see the data 'on mechanisms such as a mood ring, watch, badge, on a website etc.'"


A few days ago we explained why Likewise is a form of patent taxman for Microsoft. Their new release got some more coverage and a Linux proponent pointed out: "This reminds me of all the alternatives to Exchange currently available on Linux, buy any of those for 10-50 users and you'll discover quickly that buying the MS' original is cheaper."

Basically, clones of Microsoft protocols-reliant products that are sold by former Microsoft employees (e.g. Likewise [1, 2, 3, 4], Centrify [1, 2, 3]) are better off avoided and replaced by protocols that Microsoft does not control or by Samba, which the European Commission gave a special status after antitrust violations by Microsoft. The following new article states:

The Likewise Open core is licensed under Gnu Public License (GPL) version 2 and Lesser GPL version 2.


It's "open core", which is proprietary+marketing spin. It's not GPLv3 and one should not be misled because they mix that with Microsoft's software patents. One should just go with Samba.

When it comes to patents and GNU/Linux, Microsoft is still by far the worst aggressor. Microsoft boosters seem to be taking pride in these patents which Microsoft is stockpiling and using to attack Linux, sometimes via patent trolls [1, 2, 3, 4, 5, 6]. Latest raves from Microsoft bloggers:



Here is some more coverage (not from Microsoft boosters):



This patent won't expire for quite some time.

Microsoft received the patent this week and TechFlash reports that this kind of patent is good for 14 years, so Microsoft has until 2024 to do something with this design.


Some dual-display tablets run Android or GNU/Linux.

Given that .NET is allegedly a patent violation, Microsoft would not be smart to go around suing people/companies, but that's just what is does, most recently against Salesforce. Here again is the mentioning of .NET patent violation:

The world’s biggest maker of Web-based software, Salesforce.com, has not specified what damages it is seeking, but claims that Microsoft is infringing five Salesforce patents in programs, including in the Windows Server operating system and the widely used .Net platform.


Based on other reports as well as previous posts of ours [1, 2], Salesforce is equipped with David Boies, the "Microsoft Nemesis".

Is Microsoft playing with fire? It sure alienates many people, except Monty and Müller on the face of it. The former is paid by Microsoft and the latter is just keeping his head deep in the sand (insisting that IBM is the bigger threat). Earlier today he also mentioned Apple, which is a patent violator (risking bans) that had the nerve to sue Android (including Linux). Here is a new summary of this case:

In this great hullabaloo of rivals accusing each other of infringement of patents, one is only left confused seeing the who’s who in the arena of smartphones making a claim of the same victimization. A patent is a set of exclusive rights granted by the government to the inventor in exchange for a public disclosure of the invention. The big question is, will this war really see the light of a consensus and settlement?

Earlier this year in March, Apple filed a lawsuit against HTC for infringing 20 of its patents related to the iPhone’s user interface, underlying architecture and hardware. The lawsuit was filed with the U.S. International Trade Commission(ITC) and concurrently in the US District Court in Delaware. Very truly it’s said that “competition is healthy, but the rivals should try and yearn to develop their own technology and not steal the existing”. This lawsuit; it’s said, is the next high profile litigation in the mobile phone business after Nokia and Apple attacking each other in past few months.


Apple's hypePhone is having some trouble right now. Apple cannot quite compete without suing competitors, apparently. As one new essay puts it:

Ideas Are a Commodity, It's Execution Intelligence That Matters



First of all, ideas are commodities. Look at any industry, any product or service offering, and what you really see is improvement on the existing standard versus uniqueness in the offering. These improvements can be continuous or disruptive, but in either category, to the customer they are nothing more than incremental improvement around the financial return, usability, quality, or experience of your competitor. This explains why management teams are so important; if new offerings are commodities it’s execution by the management team – what I like to call execution intelligence – that makes the difference in the market.


Apple also contributes towards MPEG-LA's war on free/libre video. For background, see:



Here is a new article on the subject:

Video Prison: Why Patents Might Threaten Free Online Video



[...]

On June 20, 2009, nearly 150,000 people witnessed the death of 26-year-old Neda Agha-Soltan, but unlike the Iranians who passed her by in the street, they weren't bystanders to the post-election turmoil in Tehran that claimed her life. They were merely the first of over 600,000 who have since viewed a now-symbolic YouTube video that helped propel the opposition political movement forward in the following days of protest. The democratizing power of the Web lies in video like this one--not just because of its content, but because anyone with an Internet connection can contribute to a global dialogue.

But imagine if the person who shot this video had been unable to post it anonymously or if YouTube viewers had to pay to watch it. If online videos were subject to patent licensing fees, users could be charged per-view to capture those fees. Beyond the ethical dilemma profiteering from a tragic death, video licensing could reduce the democratic nature of free and open Internet content to monetizable media. The funny cat videos would be gone forever (perhaps not the greatest loss), but so too would the movement-inspiring Nedas of the future remain unknown.


TechDirt says that Britannica has also gone sour:

It Appears That The Encyclopaedia Britannica Entry On Shaking Down GPS Providers With A Bogus Patent Needs Updating



The Encyclopaedia Britannica has not exactly been having a good decade. In the minds of much of the public (though, certainly not all), the usefulness of Britannica has long been surpassed by Wikipedia. A couple years ago, we gave Britannica's president a chance to explain his views on where Britannica is going, but it still seems like an uphill battle. Among the more ridiculous things that Britannica has tried to do is to also turn itself into a bit of a patent troll. Back in 2007, it sued a bunch of GPS companies for patent infringement. Scratching your head over why Britannica holds patents on GPS technology? The answer is even more convoluted than you can imagine.


Here is another potential aggressor to watch out for. "Patent Calls Inc. buys Dallas competitor for $16M," says this report. There is still a difference between a patent holder and a patent aggressor. Microsoft and Apple are both and they are specifically targeting Linux with their lawsuits. Not many companies do that. In fact, no real companies do that, except Microsoft and Apple (patent trolls like Acacia aside, although Acacia too has Microsoft connections).

Comments

Recent Techrights' Posts

Professor Eben Moglen on How Social Control Media Metabolises Humans and Constrains Freedom of Thought
Nothing of value would be lost if all these data-harvesting giants (profiling people) vanished overnight
Debian Left Twitter (MElon "X"), We Think the Free Software Foundation (FSF) Should Do the Same
What would the FSF really lose if it stopped posting there?
 
Links 07/02/2025: Amazon’s Stock Collapses and US Government Being Dismantled (Still)
Links for the day
Gemini Links 07/02/2025: Mid-level Details and Simple Code
Links for the day
Links 07/02/2025: US 'Demolition Crew', e-ID Loopholes, and Sanctions
Links for the day
Social Control Media is Narcissism
Nowadays there's a lot more literature and even press coverage explaining the harms of Social Control Media
statCounter Sees GNU/Linux Share Doubling in China Over the Past Year
It'll be interesting to see what data in the coming months shows
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 06, 2025
IRC logs for Thursday, February 06, 2025
Richard Stallman (RMS) Confirms Next Week's Talk in Europe
He gave at least 2 talks in Europe last month
Nationalism As A Service (NaaS) by Microsoft Azure, Gutting the US Government for Profit
Will Microsoft be receiving bailouts as a reward for all this?
Rumours of IBM Layoffs Apparently Confirmed Yesterday, IBM Canada Consulting Impacted (as Rumoured)
when IBM has layoffs we must also read it as Red Hat layoffs
Tons of Anti-Linux 'Articles' Published by Bots (LLMs), Maybe Microsoft's
Upon closer inspection, all this FUD turned out to be LLM garbage
Gemini Links 06/02/2025: Voicemail Sucks and Night of Lights
Links for the day
Ubuntu Desktop Director of Engineering Has Only One Blog Post. It Promotes Microsoft Windows.
Remember that even 15 years ago (more or less, maybe 16 years ago) Canonical appointed a a 'former' Microsoft manager (Spencer) to lead Ubuntu on the desktop
Links 06/02/2025: YouTube Takedowns Out of Control, 'DOGE' Breaking Laws
Links for the day
IBM Red Hat on "era of cloud computing", pushing "hey hi" (AI) hype in Microsoft Azure
LLM slop might actually be more benign than Microsoft promotion
Corruption and Rule-Breaking Prevail at the European Patent Office (EPO), Europe's Second-Largest Institution
The law does not really exist at the EPO; it can be perceived as merely a "recommendation"
statCounter: More Countries Where Windows is Around 1% "Market Share" (People Have Moved to Android/Linux)
in some nations Windows is already 1% or less
404 Media Says "Workers at NASA Told to Drop Everything to Scrub Mentions of Indigenous People, Women from Its Websites" But There's Also Accessibility in the Firing Line
In the case of abandoning accessibility, everyone stands to be hurt and proprietary software can be brought in to replace standards
When BetaNews Writes Real Articles About "Linux" They Promote Windows
The Web is in a bad state. We need to at least try to correct this.
Gemini Links 06/02/2025: Cynicism and "Real Magic on the C64"
Links for the day
Links 06/02/2025: New Sanctions, Layoffs, and Executive Orders
Links for the day
Distros and Desktop Environments, Devices
GNU/Linux focused
New Rumours of IBM Layoffs in 2025, IBM Consulting Still Struggles, Based on Management
"Hey hi" (AI) has been a common excuse for business failure
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 05, 2025
IRC logs for Wednesday, February 05, 2025
Links 05/02/2025: Kessler Syndrome and News Online
Links for the day
statCounter: Monaco Now 7% GNU/Linux ("Proper")
GNU/Linux, not counting Chromebooks, is on the rise
Many Parts of Google Lose Money
It's quite apparent that many parts of Google - even some that rely on ad revenue or push ads - aren't profiting
European Internet Forum (EIF) is Dominated by American Corporations and Microsoft Lobbyists, Staff Take the Lead
Should the officials over here or the European Parliament pay attention to these people?
Links 05/02/2025: Connection without Connectivity and Unionised Grocery Workers
Links for the day
Just Because People on Top of the Microsoft Pyramid Made a Lot of Money Doesn't Mean Microsoft is Wealthy
The bigger they are the harder they fall
Gemini Links 05/02/2025: Learning, Madman Ruling a Mad Country, Back in Geminispace
Links for the day
statCounter Shows "WIntel" Chasing a Dying Market
Microsoft acts as if it's running out of money
Free Software Foundation, Inc. (FSF) Still Raising Money, Richard Stallman Contributes
total exceeding $430k
A Lot of Stuff About "Linux" in Google News is LLM Slop, Fake 'Articles'
It seems to be getting worse
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 04, 2025
IRC logs for Tuesday, February 04, 2025