Bonum Certa Men Certa

Microsoft Offers More Filesystem Patent Traps (While Suing Over Them Again), Red Hat's Rob Tiller Speaks

Memory stick



Summary: Microsoft keeps using filesystems to extort money out of Linux users and Red Hat explains its latest amicus brief in Bilski

WE ARE STILL preparing a post about Microsoft's patent lawsuit against Motorola, which ought to serve as a wakeup call to Mono and Moonlight boosters. The short story is that Microsoft is suing Linux again and filesystems seem to be at the core of it.



Coincidentally (or not), it was only days ago that Tuxera made it into the news again, offering a Microsoft-taxed (owing to software patents) filesystem module for Android and Linux. Here is the press release and some press coverage. Tuxera -- or Tax-era as we sometimes call it -- is helping Microsoft put a patent tax on Android and Linux, the #1 competition. We'll shortly write about Microsoft's latest patent attack on Linux, which shows that Microsoft is losing.

Do not let Microsoft spin the words of the EFF to make itself look good or make it seem as though EFF is sympathetic towards Microsoft (to which it's only a case of resolving i4i-like trouble).

What we need now is elimination of mathematical barriers that are imposed by USPTO/ITC/US courts. Red Hat has filed a submission against software patents in the USPTO [1, 2] and Rob Tiller has just said more about it:

When the Supreme Court decided the Bilski case, it didn't speak directly to the issue of software patents. But the Bilski majority emphasized that abstract ideas are not patentable, and recognized that allowing patents for abstract ideas could hinder innovation. Thus there's still room for discussion of the legal standard for when, if ever, there should be patents on software.

The Patent and Trademark Office is on the front line of the issue, since it has the duty of deciding whether to grant patent applications. Whatever interpretation of Bilski it adopts, its decision will affect the patent landscape. It was good, then, to see that this summer the PTO invited public comments on its proposed interpretation of the Bilski case.

This is an issue that Red Hat has been involved in, having previously submitted an amicus brief in Bilski. Earlier this week, Red Hat responded to the PTO's request and submitted an understanding of Bilski that would mitigate some of the harm caused by poor quality software patents.


The "quality" should not matter. All software patents are of low quality because they are an aspiration to lower the quality of software in the market, not improve it. Phrases like "poor quality software patents" are what we're accustomed to hearing from OIN, which is not trying to simply end all software patents. Maybe Tiller just abstains from a strongly-worded article/amicus brief and maybe it's just his background as a lawyer that makes him act this way (software patents are a basis of his career). Either way, the only solution is the total ending of software patents.

“What we [Novell and Microsoft] agreed, which is true, is we'll continue to try to grow Windows share at the expense of Linux. That's kind of our job. But to the degree that people are going to deploy Linux, we want Suse Linux to have the highest percent share of that, because only a customer who has Suse Linux actually has paid properly for the use of intellectual property from Microsoft. And we took a quota, you could say, to help them sell so much Suse Linux. That's part of the deal. We are willing to do the same deal with Red Hat and other Linux distributors, it's not an exclusive thing. But after a few years of working on this problem, Novell actually saw the business opportunity, because there's so many customers who say, 'Hey look, we don't want problems. We don't want any intellectual property problem or anything else. There's just a variety of workloads where we, today, feel like we want to run Linux. Please help us Microsoft and please work with the distributors to solve this problem, don't come try to license this individually.' So customer push drove us to where we got.”

--Steve Ballmer



Recent Techrights' Posts

So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
 
Links 13/01/2026: Ubisoft Layoffs, "India IT In Shambles", and Microsoft Chatbot Killing People
Links for the day
IBM is Not a Leftist Company, the "I" Stands for Imperialism, and Poo Floats to the Top
Remember that AK is military from both sides of his family
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day
GNU/Linux Exceeding 6% in Cape Verde
Windows is measured as down sharply
When It Comes to Health, Slop is a Flop and It Kills People
Chatbots will mostly die after many people die due to them
2026 Has Begun Well for GNU/Linux Users (and for Us)
A lot of the anti-Linux FUD we got accustomed to seeing some years ago became scarce
Links 12/01/2026: Vista 11 Exodus and Famicom/NES Game
Links for the day
Links 12/01/2026: Twitter (X) Being Blocked in More Countries, PTAB Besieged by Cheeto Appointees (Bad Patents Getting Through)
Links for the day
Links 12/01/2026: Brussels Plotting Exit From GAFAM (US), Carole Cadwalladr Explains "Peter Thiel's New Model Army"
Links for the day
Oligarchs and States Always Attempted to Obstruct Efforts to Expose Their Corruption
We commend the administrator who consistently and adamantly defend the freedom of speech
Scheduled Maintenance Between 15th of January and Days to Follow, Free Software Foundation (FSF) Looking to Add 43 More Members by 16th of January
People who value Software Freedom should consider joining to support the FSF
Bracing for Microsoft Layoffs, Tired of Microsoft Lies, Microsoft Staff Wants Transparency, Not Face-Saving Coverup From Frank Shaw
totally made up stock price
GNU/Linux Estimated at Around 5% in Montserrat
another country where the "share" of GNU/Linux is now measured at 5%
GNU/Linux Exceeding 5% in Guadeloupe According to statCounter
GNU/Linux "share" estimates in Guadeloupe
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week
IBM SkillsBuild as Microsoft Training, Microsoft Vendor Lock-in, Microsoft Surveillance
Microsoft benefits from IBM's "training"
EPO People Power - Part XXXI - Almost No Crime is Possible Without Enablers and Complicit Colleagues
By the middle of January 2026 we'll have taken things up another gear
Aruba's GNU/Linux Adoption Seems to Have Reach All-Time High This Year
ChromeOS rose by a lot too
After the LLM Slop Frenzy...
In every way, slop is no better than spam
Links 11/01/2026: 'Nothing to Lose' in Iran and Kyiv Restores Electricity
Links for the day
Gemini Links 11/01/2026: "Late To The Party" and "Thinking About Software Licences"
Links for the day
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026