Bonum Certa Men Certa

Copyright and Patent Battles Against Linux Carry on (the Usual Suspects)

Flying bricks



Summary: Allies of Microsoft are still throwing bricks at the unstoppable platform which gradually takes over everything

LINUX is constantly under attack because it is winning (just look at all the anti-Android litigation). At Techrights we emphasise this all the time. As Linux goes very mainstream everywhere, malicious proprietary software companies like Apple, Microsoft, and SCO are certain and determined to attack Linux. All three companies already sue companies which sell Linux. They sue using intellectual monopolies, which are the weakest form of competition (all the other forms -- including technical merit -- have failed for them). The situation at Nokia is serious, but it is not fatal. Now, let us look at litigation -- not entryism -- which poses a risk and constitutes a factor that can slow down Linux and Free software's triumph. Regarding the SCO sale to UnXis, Groklaw keeps an eye on it (as do we) and there is now a formal objection to the UnXis plan:



Novell has, as expected, filed an objection to SCO's proposed sale of assets to UnXis. It's terse in mood, but unless the judge is asleep, it should do the job.

The first basis for the objection is that SCO doesn't have the "necessary consents" from Novell "for the assumption and assignment of agreements with Novell". As Novell tells the court, "Original APA Section 9.5(c) expressly prohibits its assignment by SCO without Novell’s consent." And Novell won't consent this time either, just like last time.


Crossing over to the realms of patents, DistroWatch is advertising Centrify and Linux.com too has been advertising (for money) this pusher of Microsoft APIs and software patents. Such Microsoft proponents that are close to Microsoft are dangerous for the same reason Likewise is dangerous and based on this new press release about Tuxera joining the Linux Foundation [1, 2], the number of Microsoft pushers who promote Microsoft patents is growing inside the Linux Foundation (Linux.com is now owned by the Linux Foundation too). As a quick recap, Tuxera tries to extract/pass Microsoft patent tax from Android and Linux, using proprietary file systems that nobody wants or needs. Centrify promotes Microsoft protocols too and it is keen on software patents. One need not be baffled by the Linux Foundation's admission because it's hard to embrace exceptionalism at this type of open consortium and many of its most powerful members (with IBM's clear dominance) are proponents of software patents. Despite the use of the term "Foundation", the Free Software Foundation differs enormously from the Linux Foundation and certainly the Gates Foundation, which loves patents more than the former two. That having been said, the Linux Foundation does a lot more than it should to endorse software patents, even with the OIN. The so-called 'ecosystem' it promotes involves a lot of patented and proprietary software, so the policies embraced by the Linux Foundation are at times incompatible with Linux itself. Carlo Piana, a respected lawyer specialising in Free/open source software, explained this problem to me last night.

I agree, and act, but how to achieve that? The lobbying is intense in the opposite direction.


Piana does not fully agree with Red Hat's stance on the subject (like the OIN, its legal team speaks of "bad patents" rather than "software patents" as needing to be abolished). Piana rightly insists that "the *only* solution is abolition NOW". Meanwhile, Microsoft Florian keeps tweeting me a lot about the subject. Last night he was still messaging me, trying to daemonise Red Hat's stance. He generally daemonises Red Hat, GNU/Linux, and its business model in his blog, removing any pretences that he cares for "Linux" or "FOSS". He hates OIN with a passion because OIN is a big deterrent/problem to companies like Microsoft and Mandriva in fact has just announced joining the OIN:

Open Invention Network (OIN), the company formed to enable and protect Linux, today extended its community with the signing of Mandriva as a licensee. By becoming a licensee, Mandriva has joined the growing list of organizations that recognize the importance of leveraging the Open Invention Network to further spur open source innovation.


Mandriva is located in a region where software patents are theoretically invalid; however, malicious monopolies and their lawyers try to change this. "Feel free to explain what the author got wrong," wrote the FFII several hours ago about this new post about the "EU patent" (path for inserting software patents into Europe).

Keeping track of threats is not FUD, it's vigilance. Linux will need a lot of vigilance as it enters phones and tablets, not just servers, routers, and several other non-desktop market segments that are actually expanding.

Comments

Recent Techrights' Posts

Law Firms Facing the Consequences for Patently Abusive Litigation on Behalf of Microsoft Employees Who Got Arrested for Strangulation and Had Done Even Worse Things
Having spent 1.5 years bullying me with patronising letters on behalf of Microsofters, last week they got served a massive bill and, in effect, lost the Hearing
LLMs Breaking Everything
Computing and the Net became a playground for scammers and "bros", like people who "invented" fake currencies and also try to tell us that LLMs spewing out things will have some real value
1989: Free Software as "Open" Software (OSI Didn't Coin "Open Source", It Also Predates Linux)
"One man's fight for Free software"
 
The FSF Board and FSF Beard
So the FSF's Board has grown
New Report From the EPO's Staff Representatives in The Hague (LSCTH) Reveals Many Unsolved Issues
Local Staff Committee The Hague (LSCTH) wrote to staff just before the weekend
Links 22/06/2025: More Slop Lawsuits (Copyrights) and "America’s Oligarch Problem"
Links for the day
Gemini Links 22/06/2025: Gigantic Toolchest and Annoying Bots
Links for the day
The Calling
Persist and persevere, justice will come your way
So Far Every BetaNews 'Article' is LLM Slop, So BetaNews is Officially Just a Slopfarm
They just don't seem to value what they have
IBM Rumour: Mass Layoffs (RAs) Lists Being Made for Consulting, With Effect in July 2025
Bogus companies with no viable products and no world-leading (in their field) staff are doomed to perish
Links 21/06/2025: Data Breach With 16 Billion Passwords, Dutch Government Recommends Children Under 15 Stay off TikTok and Instagram
Links for the day
Gemini Links 21/06/2025: Notes about Typst (and LaTeX) and Opos
Links for the day
Microsoft's Competition Tactics: Sabotage GNU/Linux Installs, Block Chrome
Edge is dying
The Microsoft OOXML Modus Operandi: Throw 1,000 Pages of Other People's Work for a Judge to Read Ahead of a One-Hour Meeting
No time to discuss this - that's the point
Formalities Officers (FOs) at the EPO Are in Trouble, Reveals Internal Report
We already know, based on an HR pattern we saw at IBM and elsewhere, that reallocating roles can be prerequisite for dismissal and those who do so expect many to resign anyway
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day