Bonum Certa Men Certa

Software Patents FUD a Sign That Microsoft is Losing, Linux is Winning

Victory is nigh

Victory



Summary: The Obama administration is said to considering a "fundamental rethink of software patents" just as Microsoft bets heavily on software patents

WHEN SCO attacked Linux it did not take long for everyone to find out that Microsoft had quietly paid SCO. People have generally known since then (and beforehand) that in line with the leaked Halloween Documents, Microsoft will do anything is can to get Linux distributors sued. The same strategies remain, but the types of imaginary monopolies change and also the sources of litigation. Motorola shows the limits of Microsoft's hastily-thought through strategy; Microsoft cannot just cycle through every single company which sells Linux because sooner or later products like Xbox 360 risk a ban from the market. If Microsoft is willing to go down this lane, then it sure is a sign of desperation and Groklaw had a good article about that yesterday, claiming pretty much the same thing because Microsoft is now running even to antitrust regulators, hoping that they too can rescue the dying monopoly (nobody violates antitrust law as much as Microsoft).



Fortunately we know that this week's academic FUD is in fact secretly funded by Microsoft. Microsoft Florian, who admits being a campaigner for hire (he tries to avoid the word "lobbyist"), parrots Steve Ballmer today, in response to dents that I made in Identica. This is so telling that it's not even funny and the 451 Group asks, "Is Android FUD a forebearer of Linux-like success?"

I’ve seen some criticisms of Android and Google indicating it is clear or should be clear what is open source and what is not. I would argue, however, that is has become quite unclear what is open source and what is not in all circumstances and particularly in smartphones, as we covered in our special report Mobility Matters two-and-a-half long years ago. There’s no denying the constant pressure for Android and Google and others in the ecosystem to be true to the spirit and letter of open source and its licenses, however painful, serves to strengthen its open source aspects. However, the statements and signals crying foul against Android are quite similar to the complaints, threats and, yes, FUD we saw swirling around Linux a decade ago. And let’s not forget the lesson of open enough, which becomes even more significant given cloud computing and the capabilities it is extending to smartphones and other mobile devices.

Bottom line, developers, handset manufacturers and consumers are heavily more focused on new releases every six months than who is suing whom in the IP infringement claim game and software patent ’system.’ To predict where Android is headed and what is likely to happen as a result of the FUD, we can look at Linux, which emerged stronger, more competitive and more enterprise-ready after the infamous SCO threats and lawsuits.


Microsoft has has put too many eggs in one basket because rather than create new products it kept its workers busy writing patent applications -- patents being just another monopolistic paradigm which relies on pieces of paper rather than bundling in the channel. The government could, in principle, pull the carpet from underneath Microsoft's feet by passing a patent reform that's better than the one we've mentioned a lot recently. Obama plans fundamental rethink of software patents according to a new report and more articles that are being published right now provide justifications for such a move:

Based on the current status, you essentially can not write an app that doesn't somehow infringe on someone else's patent. One might think this is an exaggeration, but let's take a look at the following list of legal no-no’s:

1) Pop-up note

Yes, the patent for a trusty old mouseover pop-up, used by most applications out there, was granted to Microsoft. If you want your app to be legal, you can’t use them.

2) In-game messaging

That’s a tough one for game developers – Yahoo holds a patent that basically covers sending in-game messages. And they are not afraid to use it.

3) Online games

Why not ban all massively multiplayer online (MMO) games altogether? That’s what Sheldon Goodberg could do, as he holds a very broad patent for “networking gaming system”. He had enough sense not to go after World of Warcraft, and he’s targeting online solitaire for a start. Who knows what will happen If he succeeds?

4) Progress bar

It seems that IBM is the only kid on the block cool enough to use a progress bar!

5) One-click checkout

This one goes to Amazon, because the idea of storing client’s information is so innovative. However, it shouldn’t matter to you, because you are not allowed to conduct internet sales anyway. Just check the next point.


When/if software patents are invalidated en masse, Microsoft's house of cards will fall. So let us spread the message about software patents a little further.

Recent Techrights' Posts

Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
 
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024
Debian History Harassment & Abuse culture evolution
Reprinted with permission from Daniel Pocock
Microsoft Windows Down to 23% in Spain
the rate of change is noteworthy
[Meme] It Is Not About Empowerment, It's About Optics for Bigots and Businessmen
Truth hurts
Truth is Always Truth
Desperate efforts to suppress the truth resulted in even worse chaos and some people are going to pay for it
Android Surges to New Highs in Georgia, Windows Plunges to 30% (It Was 99% in 2012)
Until 2012 almost all Web requests there came from Windows
Another Casualty of the 'GAI' Ponzi Scheme: Most of the News Cycle and News Sites
accelerated death of journalism
Empowering Predators Who Fancy Exercising Control Over Women (Using Corporate Money)
Remember this when Google talks about diversity, women etc.
GNU/Linux Continues Its Rapid Growth in July, Today We Look at Belgium
Again, a word of caution: statCounter isn't a perfect yardstick
Links 14/07/2024: Goldman Sachs Says 'Advanced' or 'Generative' Hey Hi (AI) is Just Hype, Thoughts on Negatives
Links for the day
GNOME Foundation Welcomes Dolly
It didn't work out with Molly and Holly
Links 14/07/2024: Perils for AI PC Hype Train, Further Attacks on Freedom of the Press
Links for the day
A Response to Bill Maher's Senseless Attacks on Julian Assange and Wikileaks
published a few hours ago
The List of Sites or Sources for Linux News is Getting Shorter Over Time (Despite GNU and Linux Steadily Growing in Usage)
A lack of publishing begets lack of educated, informed population (a return to Dark Ages where rulers leverage mass ignorance)
The Number of Web Servers Has Gone Down
Cloud fatigue deux?
[Meme] GNOME Foundation's Relationship With Women
Lots more coming soon, so stay tuned
The Smugness of "I'm a Journalist"
Attacking women for expressing their opinions (for example, about the abuse they received) isn't unprecedented
It Takes No Courage to Become Another Corporate Stooge
transition to spam
Why Techrights Has Just Programmatically Blacklisted ZDNet
Even their "Linux" writers are AWOL
Gemini Links 14/07/2024: The Stress of 24/7 Notifications and FOSS tools for Sipeed Tang Nano 1K
Links for the day
Windows Already Down to 10% in Lao (It was 96% a Decade and a Half Ago), Vista 11 Adoption Has Stalled
And GNU/Linux is topping a 1-year high in Loa
IRC Proceedings: Saturday, July 13, 2024
IRC logs for Saturday, July 13, 2024
Over at Tux Machines...
GNU/Linux news for the past day