Bonum Certa Men Certa

When Microsoft Changes International Law to Make GNU/Linux Illegal

Collage



Summary: Microsoft's distortion of the law goes more global with the attempt to marginalise freedom in software using legal instruments, not technical merit

IT IS easy to beat the competition when it can simply be called illegal or borderline criminal and in a later post we are going to write about Microsoft's use of software patents to do exactly that. Over in New Zealand (see background) Microsoft has been lobbying to make software patents legal -- a lobby/fight that New Zealand carries on fighting against, even in the face of Microsoft- and IBM-backed lobbyists and the patent lawyers of those companies from overseas. One of them, a person among "lawyers at Chapman Tripp," is still betraying New Zealand by trying to convince his government that giving multinationals a monopoly on algorithms would be a good thing. IDG prints this baloney, which in some sense validates opinions on technical matters courtesy of legalese experts (one of whom, Mr. Quinn, keeps on daemosing open source right now because it a threat to those who make a living from litigation). Here is a taste of the baloney:



Champions of software patents are urging Parliament to revisit the ban on patenting “computer programs” in the presently drafted amendments to the Patents Act 1953. They suggest the law as it stands will be unclear and will possibly contravene existing international agreements.


What international agreements will these be? Some speculative consent to sell out sovereignty, a la South Korea? People of New Zealand don't fall for it. As one person from New Zealand told us recently, over there it is still the people who control the government, not the other way around, and that is increasingly rare. In Western parts of the world the balance of power long ago shifted and evidence of this exists in the fact that companies like Microsoft break the law in its existing form and in order to make themselves more powerful. This last example of it shows how Microsoft wants to criminalise not selling Windows. As Brad puts it, "Do You Sell to Washington State? Dump Microsoft."

If you sell products or services to any customers in the state of Washington, you need to be aware of a new legal liability you might face. (Obligatory disclaimer: I Am Not A Lawyer, and this is not legal advice.) Microsoft has successfully lobbied to get new legislation passed there, in their home state, that will allow your customers to be sued if you use any "stolen IT" (Information Technology).


Microsoft keeps distorting the system (legalised bribery through lobbying) and it is starting to attack the customers for some extra income, as Groklaw explains: "But the real question is, Why? Why is Microsoft doing this? Does Microsoft need a new revenue stream, now that folks are switching to smartphones instead of PCs? Or is it something worse, something Machiavellian? I ask that because I noticed two things, one, that Microsoft said that it came up with the laws because it is dissatisfied with patent law and two, something odd and frankly alarming in the Washington State version of this bill that leads me to suspect that this is Microsoft's Plan B in its litigation storm against Linux -- its Ace in the hole in case the Supreme Court decides that its software is unpatentable.

"Not that Microsoft would mind having more than one way to harass Linux and it competitors in general, or two revenue streams without having to actually work to make better products. I'd like to show you how Open Source is deliberately excluded, though, a deliberate carve out."

That is part of a long and fascinating post from Pamela Jones. For a shorter version of what Microsoft is scheming, see Edmundo Carmona's "Is Microsoft trying to equate selling computers without Windows to software piracy as a new world policy?"

Very recently (as recently as 23rd of March) there was a small event in Mexico. An independent computer builder and a Microsoff legal representative had a meeting at the Legal Direction of Mexico's National Institute of Author's Rights. Apparently Microsoft wanted to make a statement specifying that they could take any legal action Microsoft considered pertinent given the builder's lack of a Microsoft certificate of authenticity or original license included along with a computer built/sold by the independent builder. The builder states that given that they sell their computers with Free Software instead of Windows, the software has licenses and that Microsoft doesn't have anything to complain about given that they don't own copyrights for said software.


Greed knows no bounds, said Microsoft at one stage. The hypocrites. As Robert Pogson explains and as everyone else so well knows, counterfeiting has been beneficial if not essential to the monopoly. To use Pogson's new words:

Illegal copying is just one of the means that non-free software suppresses the distribution of Free Software. It is similar to the tactic of making sure that only non-free software is found on retail shelves. Free Software is not about price but freedom to run, examine, modify and distribute software, something anathema to some big names in the industry of selling licences to software. Because of the four freedoms, Free Software tends to have a low price and purveyors of non-free software treat illegal copying of their software as an advertising cost.


There is no limit to how much Microsoft will distort the truth and distort the law (through lobbying) just to ensure it can squeeze out more money out of the population, which Microsoft software is controlling. Well, ideally, the user/population should control the software i uses.

Recent Techrights' Posts

IBM: We Pay You to be Obedient or Deny You What You're Entitled to If You Don't Act Obediently
Good luck starting legal battles with a company that has almost as many lawyers (including aggressive patent lawyers) as it has geeks
Russian "Hybrid Attacks" Are Typically Microsoft TCO and/or Windows TCO (Total Cost of Ownership)
Information-related warfare relies a lot on computer systems
It Seems Like IBM is Firing 'Everybody' (Anywhere, Any Age, No Matter What Team)
Healthy companies would sack IBM's management (sacked by Board, bylaws etc.) but IBM is a sick company
Latest Stallman Talk (Event in Argentina) Published
Less than a day ago they released his talk
LLM Slop Becoming Rarer
Today we've found no LLM slop in our RSS feeds regarding "Linux"
 
Links 14/12/2025: Tensions in Asia, US Making Deals With Belarus
Links for the day
A Utopian and Very Dumb Vision of Technology, Based on Accounting Fraud
the "industry" has become insane and a lot of "the media" is going along with it
Links 14/12/2025: "The Slop of Things to Come", Goldman Sachs Nervous About Slop Bubble
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 13, 2025
IRC logs for Saturday, December 13, 2025
Google News is Google Noise
Google News is really hopeless, even on weekends
Links 13/12/2025: Jimmy Lai and Media Freedom on Trial, "OpenAI Researcher Quits, Saying Company Hiding the Truth"
Links for the day
Gemini Links 13/12/2025: Extensive Catchup With Gopherholes
Links for the day
Deliberate Lies or Glaring Distortions
Calling Torvalds anything "Soviet" or "Russian" would overlook the fact he comes from Finland and has Swedish roots
Canonical and Ubuntu: Working for Microsoft, Promoting Proprietary Surveillance (Dis)Services
Canonical started with a rich and overambitious Debian Developer. He wanted to become richer.
EPO People Power - Part XI - The Media in Europe is Ill and Complicit in Ills
We must all recognise that there's a problem here
Running With Technology
At least they always run Linux (all of them, since 2015)
Dealing With "Tech Cults"
If you think you identified a "Tech Cult", walk away
GAFAM is a Financial Problem and Sovereignty Risk, a Policy-Level (National Level) Boycott is Needed
Europe has plenty of skilled computer engineers
2026 Could Very Well be Last Year of XBox, Microsoft Dropped the Ball
It would be shocking is XBox can stage any kind of comeback
Links 13/12/2025: Social Control Media Bans and "Could Finland be Hiding a Blue Zone?"
Links for the day
Expecting Mass Layoffs, More Microsoft Workers Join Unions
they see tough times ahead
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 12, 2025
IRC logs for Friday, December 12, 2025
Links 12/12/2025: GAFAM Now Trying to Settle With Remaining News Sites It Plagiarised, "NATO's Rutte Says Alliance Is 'Russia's Next Target'"
Links for the day
Gemini Links 12/12/2025: Bad Joke, Western Union Blues, and More
Links for the day
Life Began at 40
This is what I wanted to do all along
To Linus Torvalds, the Microsoft Linux Foundation is Increasingly a Liability and Risk to the Brand
If Torvalds is no longer in control or "in charge", then somebody else is
EPO People Power - Part X - Together, We Can Fix the EPO
every call for action matters
IBM Layoffs in Europe as Well
IBM is a collapsing, dying old brand
EPO People Power - Part IX - Insiders Say the EPO's Chief Propagandist Effectively Ousted (on Fake 'Sick Leave') Because of Reporting by Techrights
So the EPO is in effect rewarding a cocaine addict
Litigation Transparency Until 2030 or 2031
The ultimate goal is to 1) improve the British legal system and 2) raise awareness of how this system works
Links 12/12/2025: Thunderbird Adds Proprietary Plug, "Catch-22 of Canadian Digital Sovereignty" Explained by Michael Geist (About GAFAM/US)
Links for the day
Developing Some New Software for the Sites
Sites that are static are in more control over their future and present direction
Julian Assange on Fake Activists in Silicon Valley
Julian Assange on Fake Activists in Silicon Valley
"In a modern economy it is impossible to seal oneself off from injustice."
― Julian Assange
EPO People Power - Part VIII - The Chipmunk on Cocaine, Now Deleting Videos
video has been removed
What If the Economy Isn't "Down" But Mostly Diverted? (While "AI" Fills a Gap for Capital That No Longer Exists in Tech)
"AI" is an "Arms Race", because they need to be bailed out by taxpayers' money
Techrights Site Search Was a Success After All
A few hiccups dealt with, ironed out
Valve's SteamOS, Microsoft Canonical's Ubuntu, and Other Platforms That Only Leverage Free Software (But Won't Protect It)
Ubuntu "took off" not because it was very good or very easy. Ubuntu "took off" because of ShipIt, i.e. because of a multi-millionaire subsidising its mass distribution (at a personal cost).
The Free Software Foundation (FSF) Paid Respect to Its Founder This Year, Now It Wants You to Join
We're glad to see the FSF paying respect to its founder in its Web site
2026 Guaranteed to Give Us Compromised Media Funded by "AI" Boosters to Promote "AI" and Sometimes be Composed by "AI" (Chatbots)
follow the money of the Ponzi scheme
Under IBM, Things Culminate at "AI-Equipped Customer Experience Transformation" at Red Hat
Whatever that even means
Andy Farnell and Helen Plews Now at the Wheel in Cybershow
Cybershow (Cyber|Show) has very good blog posts and episodes
Microsoft Trims More Jobs
The worst layoff year in 20 years, by the numbers
EPO People Power - Part VII - The Corporate Media and the Reference Sites (e.g. Wikipedia) Are Already Compromised and Complicit
Looking back at the whole thing, it's clear to me that Europe does not really have free press
EPO People Power - Part VI - Criticism Not Permitted, Media Subjected to Contempt by Cocaine Addicts Who Manage the Press for the EPO
Why won't any large publisher in Europe cover this? What does that say about the state of journalism in Europe?
"Smart" or "Intelligent" Agents and "Vibe Coding" Deletes Everything You Have
A high price to pay, no?
New Paper Shows That EPO "Growth" is Dictated From Above, Not Earned (More Monopolies Granted by Breaking Rules, Laws, Conventions)
"Targets for 2026 are currently being handed down to individuals."
EPO People Power - Part V - The European Media is Practically Dead When It Comes to Covering European Patent Office (EPO) Corruption
That sort of sums up where European media/press stands
Datacentre and Server Maintenance Next Week
The last time we rebooted into the latest stable kernel was 96 days ago
Afraid of Words, Not Afraid of Actions
Those corporations want us to bicker over words, not their actions
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 11, 2025
IRC logs for Thursday, December 11, 2025
IBM Workers Still Blast IBM Management for Firing Loads of Workers While Overpaying to Buy Useless Companies
IBM's CEO is killing the cow
LLM Slop About Linux Still Seems Scarce
LLMs aren't dead, but metrics published online say that their usage is fast declining
Links 12/12/2025: Oracle Shares Collapse After Slop Bubble Inflated (Circular Funding/Financing One's Own 'Clients'), "Trials by Jury" in UK Considered
Links for the day
Gemini Links 12/12/2025: 'Kinetic Energy' and Browsing Geminispace With a GUI, TUI, or CLI Client
Links for the day