Bonum Certa Men Certa

Why Microsoft Still Loves Software Patents

Love coffee



Summary: Some of the latest developments in an unnecessary dimension of patents and how they help show that Microsoft needs software patents

EVERY NOW AND then we find an odd suggestion that Microsoft dislikes software patents due to cases like i4i vs Microsoft. It is immensely valuable for Microsoft to give such an impression -- basically lobbying for particular laws that bring enormous benefits to itself while the public believes the opposite (and thus does not resent Microsoft). Tax law is another example of that and it relies on the whole "job creation" nonsense (phrases which people love to hear without questioning them, e.g. "patents help increase innovation").



Microsoft has already produced some very large patent trolls, including Traul [sic] Allen (the recently-emergent example). A columnist at Mercury News considers it to be proof that the USPTO is broken.

If Microsoft co-founder Paul Allen accomplishes nothing else with his wide-ranging lawsuit claiming that almost every major Internet company has stolen his firm's ideas, at least we can give him credit for reminding us of the troublesome flaws in the U.S. patent system.


Dave Methvin says that Microsoft wins in the Java patents hell storm, which may end without much disruption because the Oracle vs Google case lacks tying to a particular machine. As Wayne puts it:

Another question involves the ‘specific machine’ issue. Pamela Jones wrote about this, and it could be very important. When I read the patents I didn’t see any tie them to a specific machine. The issue surrounds the constantly shifting U.S. Patent rules, which change every time a major patent court case happens. If it is deemed that a patent must be tied to a specific machine, then the patents are invalid, and Oracle looses.

Even if the patents don’t have to be tied to a specific machine, there is a good chance that they will fail, due to the subject matter being predated by something else, or by being ruled obvious, in which case Oracle loses. I’ve read the patents, and the things that they are talking about were implemented at least fifteen to twenty years previously in Unix.


We recently explained how and why Microsoft already makes money from Android [1, 2]. It's due to software patents, or at least an empty allegation relating to them. "Well, well," wrote Groklaw, "And here we were wondering why all of a sudden everyone seems to be suing Android. Microsoft would like you to know that they indemnify, and that the Android lawsuits are costly. That is very like what Microsoft said when SCO sued IBM, after Microsoft paid SCO millions, that they would indemnify and that Linux would be plagued by litigation for years."

“Microsoft would like you to know that they indemnify, and that the Android lawsuits are costly.”
      --Pamela Jones, Groklaw
It is true that Microsoft has many software patents, but lots of them are absolutely worthless. As an example we gave the shutdown patent, which has been covered here at least 3 times already [1, 2, 3]. It is still being covered in some Web sites because it helps show lack of ingenuity that passes the USPTO's tests and the poor quality Microsoft aims for. "This is odd," Groklaw wrote. "Maybe I'm missing something, but Microsoft has gotten a patent on a "scheme" to shut down an operating system. The claims seem to say that it's about when you want to shut down, but you forgot you have unsaved work, so in Windows or a Mac, you get prompted to save it if you want. The patent is a system that saves it for you automatically. The patent says, "The following aspects will focus on a Windows based operating system. It will be understood, however, that aspects of the invention will apply similarly to other operating systems including, but not limited to, Mac and Linux based operating systems.

"But Linux has always done this. It's one of my favorite things about Linux, that if you want to shut down, or even do it by mistake, it saves everything for you. I just wanted to mention it, because if some legal gnome at Microsoft has a "scheme" in mind for this patent, as in $$$ from Linux, this is just to point out that the supremely clueless USPTO just gave Microsoft a patent on something with tons of prior art, unless there is some detail I'm missing."

In addition to "ActiveSync tax" in Android, Microsoft is also said to be in the position of 'owning' simple ideas with digital/physical metaphors such as mail priority (trivial ideas turned digital). "Microsoft had a 'priority email inbox' way before Google, and has patents to prove it," says this one report that's echoed elsewhere. Well, another little report has the headline "The New Xbox 360 Controller Is Really About Patents [Microsoft Introduces A New Xbox 360 Controller With A New D-Pad That Scoots Around Nintendo Patents]".

As the Edison story keeps spreading further (now coming to Wired), it is easy to foresee an analogy between Edison's attitude and Microsoft's. They both merely exploit the system and take credit for other people's idea.

Since Microsoft sells many software licences, software patents are crucial to its survival, especially in an age when it can no longer sell much of its own software. To Microsoft's future software patents are needed and without such patents, software will be freer. Microsoft can't afford letting software be free (not the same as "open").

"There's free software [gratis, dumpware] and then there’s open source... there is this thing called the GPL, which we disagree with."

--Bill Gates, April 2008

Recent Techrights' Posts

SLAPP Censorship - Part 148 Out of 200: The Manosphere
Those people don't just threaten our national sovereignty, press, democracy etc. They also endanger women everywhere.
GNU/Linux Reaches 10% "Market Share" in statCounter
As of this morning
Voluntary' Layoffs and 'Proper' Layoffs at IBM This Year
When will IBM management confess that 15% of staff is already marked for potential removal?
The Register MS Has Just Published Slop Spam for NVIDIA and HP, It Says "AI" 43 Times
As usual, The Register MS ought to be ashamed of itself for participating in it
The Slop Debt (Trillions of Dollars, Money That Does Not Exist) is Causing the Collapse of GAFAM et al
This slop hype will end up like "metaverse", except "metaverse" never ended up justifying trillions of dollars in "investment"
Social Control Media is the Opposite of Information
That says a lot about social control media
 
'Cancel Culture' Isn't About Empathy, It's About Making Good People Homeless
Seeing what they did to RMS, remember that those "concern trolls" are about everything other than ethics and morals
Daniel Pocock in The Nerve
Lots of publicity owning to the enrollment
Why Support Daniel Pocock
Our readers who come from IBM and the EPO are certainly familiar with the tactics of censorship and what that sort of censorship leads to
Gemini Links 13/08/2026: Health, Partial Eclipse Sketches, and Guilelessness
Links for the day
15% of IBM Marked for Potential Termination, PIPs are the "New Layoffs" (or RAs) at IBM
IBM is a dying company, but it does not want the press to say this or for people to understand that
Links 13/08/2026: "The Rise of the Measles-Industrial Complex" and Spotify Curbs Slop
Links for the day
Daniel Pocock on Australia's 9News (Nine Entertainment)
This gives visibility to software and technology issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 12, 2026
IRC logs for Wednesday, August 12, 2026
Gemini Links 12/08/2026: Losing a Child, "The OpenWeb Needs Diversity", and Gmail Woes
Links for the day
Links 12/08/2026: Trouble in Proprietary Chaffbot Company 'Open' 'AI' and Slop "Investors Are Suddenly Quaking in Their Boots"
Links for the day
Daniel Pocock in National News in Australia the Day of the Election
"Posted 20m ago" (Thursday in Australia), it's timed nicely to help illuminate Pocock and give him last-minute exposure
Simpler Means More Reliable
The simple old way of local storage and local backups is still the best
Clownflare and statCounter See GNU/Linux at ~8% in Norway
Norway has long championed GNU/Linux compared to the rest of Europe
Clacton manifesto: Reform UK hacking, leaks, raw sewage & 8GB Swiss Archive
Reprinted with permission from Daniel Pocock
statCounter Today: ChromeOS + GNU/Linux Measured at 10.98% Globally (Desktops and Laptops)
Clownflare does not quite refute this
The Register MS Has Just Published Fake Article About Replacing Linux With Proprietary Google System, "Sponsored by ASUS."
All of those things are proprietary GAFAMware
Links 12/08/2026: "X’s Advertising Business Continues to Tank", "Stop Feeding the Billionaires"
Links for the day
Lack of Empathy Rampant in the Sector
Sociopaths are sociopaths. They cannot help themselves
Before the "Big Tech" (That Almost Everybody is Forced to Use) Was Controlled by Men Who Hate Women
Such rejection and even hatred of women qualifies/enshrines oneself as an "incel"- a dangerous and violent online cult
In Defence of Hoarding CDs, More So When Digital Restrictions (DRM) Come to More 'Content' and Even Offline/Physical Media Won't Work When Some Remote Server Says "No" (or Goes Offline)
made to serve and entertain owners, not to allow companies like Sony and Microsoft subjugate owners
Clownflare: In Finland, Birthplace of Linux Kernel, GNU/Linux Now Bigger Than Apple's MacOS
It's not just in Finland where we see such trends
More Mass Layoffs Due to Monumental Debt Excused as "Investment" (in Slop)
They're maxing up the private debt and their country is already insolvent
METRO Interviews Daniel Pocock a Day Before Election
The article is behind a wall that blocks people who block ads
Enshittification More Than a Century Ago
Is enshittification more than a century old?
GNU in 1991 (35 Years Ago): Compiler and Lots More Ready, Linux Now Becoming 'Vibe Heap' (Slop Replaces Real Code)
Without curbs in place, many Linux developers will flee
Company-Wide 'Reorg' ('Redundancies') at IBM, Mark October 1st 2026 in the Calendar
Is Oct 1 the new Apr 1?
SLAPP Censorship - Part 147 Out of 200: The SLAPP Series is 'Slow' Because Timing Matters
It is important to stress that after this series is finished there will be many more series, with some of them showing raw evidence of what we've been illuminating and telling
Even ZDNet Accepts That "Market Share" of GNU/Linux May Have Doubled on Desktops and Laptops
GNU/Linux is definitely growing, and quite quickly in fact
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 11, 2026
IRC logs for Tuesday, August 11, 2026
Microsoft Layoffs and Shutdowns Continue This August, Morale Low, Employees Set Up Giant Inflatable Rat to Protest Against CEO
nothing demonstrates their anger better than what they did to the CEO
Gemini Links 12/08/2026: Sophomore Slump, Mandatory Phone Addiction, and Vintage Web Game Gallery
Links for the day
Summer Layoffs and 'Redundancies' (Cost-Cutting) at Microsoft and IBM
IBM is merely buying its revenue - an unsustainable strategy that aims to hide the company's rapid decline
Links 11/08/2026: Tensions South of China and Stingy "YouTube Doubles the Eligibility Requirements" (to Get Paid)
Links for the day
The Independent (UK) Today: "Independent candidate Daniel Pocock is concerned about media issues."
Let's see what results say around Friday
Gemini Links 11/08/2026: Stargate, Stargazer, Air-gapped Environments, and SystemVerilog Simulator
Links for the day
The Slop ('Linux') Foundation Celebrates 35 'Linux' Years a Week After GNU/Linux Turns 43
they'll keep on trying to change history
Keumars Afifi-Sabet Produces Useful, Informative Coverage Regarding Privacy
And it's good for Richard Stallman
Confirmed: Microsoft Layoffs in August 2026, Entire Operations Shut Down Too
Microsoft is just bleeding
Paying With Cash in 2026
Cash isn't going away. Not any time soon.
Blocking Tor Is Not a Solution, It's Paranoia
Tor is not a crime
Oligarchs and Their Footsoldiers Are Most Enthusiastically Loud About the Things They're Attacking
Like "Microsoft loves Linux"
FOSSY (SFC) Platforming GAFAM, Sells Endorsement
Houston, we have a problem here
Not Allowing Misogyny and Misogynists to Run the World
We stand with (and for) equality, justice, and freedom
"SPONSORED EXPLAINER" at The Register MS is Just More SPAM "Sponsored by HPE."
This is a great example of crap 'journalism'
IBM Won't Hire (or Hardly Hire) This Year
IBM is bluffing with buzzwords while shrinking out of existence and reducing salaries
SLAPP Censorship - Part 146 Out of 200: An Industry of Plagiarism, 'Normalised'
they pursue personal enrichment by stealing from Free software developers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 10, 2026
IRC logs for Monday, August 10, 2026
5.1k Capsules Known to Lupa, Gemini Protocol Crawler
If no limits (e.g. 10k max per capsule) were imposed on crawling, there would likely be millions of pages in the database
Gemini Links 11/08/2026: Waking Up Earlier, Whining About LLMs as Destructive Plagiarism
Links for the day
Links 11/08/2026: "The Enemy Is the Platform" and 'Vibe' 'Coding' Shown to be Little But Plagiarism
Links for the day