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

When Wikileaks Sources Were Actually Murdered and Wikileaks Was Still a Wiki
when Wikileaks was a young site and still an actual wiki
Why Virtually All the Wikileaks Copycats, Forks, and Rivals Basically Perished
Cryptome is like the "grandpa" of them all
Why the Media is Dying (It Sucks, No Mentally Healthy People Will Tolerate This for Long)
linking to actual news articles helps fuel the spam, too
 
In the United Kingdom Google Search Rises to All-Time High, Microsoft Fell Nearly 1.5% Since the LLM Hype Began
Microsoft is going to need actual products or it will gradually vanish from the market
Trying to Put Out the Fire at Microsoft
Microsoft is drowning in debt while laying off loads of staff, hoping it can turn things around
GNU/Linux Growing at Vista 11's Expense
it's tempting to deduce many people who got PCs with Vista 11 preinstalled are deleting it, only to replace it with GNU/Linux
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 23, 2024
IRC logs for Tuesday, July 23, 2024
[Meme] Was He So Productive He Had to be Expelled Somehow? (After He Was Elected and Had Given Many Years of Work to Earn a Board Seat)
Things like these seem to lessen the incentive to devote one's life to Free software projects
GNOME Foundation is Causing Itself More Embarrassment With Secrecy Than With Full Transparency
It also arouses suspicion and hostility towards Codes of Conduct, which gave rise to 'secret courts' governed by large corporations
Links 23/07/2024: NetherRealm Layoffs and Illegitimate Patent 'Courts' (Illegal)
Links for the day
Gemini Links 23/07/2024: AM Radio, ngIRCd, and Munin
Links for the day
A Lot of GNU/Linux Growth on the Client Side is Owing to India (Where GNU/Linux Has Reached 16%)
A lot of this happened in recent years
Insulting Free Software Users in Social Control Media (Proprietary, Bloated With Opaque JavaScript) is Like Insulting Amish on TV
Why bother? Don't take the bait.
statCounter: Dutch GNU/Linux Usage Surged 1% in Summer
Microsoft is running out of things to actually sell
Microsoft's "Results" Next Week Will be Ugly (But It'll Lie About Them, as Usual)
Where can Microsoft find income rather than losses as its debt continues to grow and layoffs accelerate?
Julian Assange is Still Being Dehumanised in Media Whose Owners Wikileaks Berated (With Underlying Facts or Leaks)
Wikileaks and Free software aren't the same thing. Nevertheless, the tactics used to infiltrate or discredit both ought to be understood.
A Month Later
We're optimistic on many fronts
Links 23/07/2024: Downsizing and Microsoft and Still Damage Control
Links for the day
Gemini Links 23/07/2024: Friends and Solitaire
Links for the day
Censorship in Eklektix's Linux Weekly News (LWN)
Medieval system of speech, where the monarchs (Linux Foundation) dictate what's permissible to say
10 Years of In-Depth EPO Coverage at Techrights (Many Others Have Abandoned the Topic)
Listen to staff
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 22, 2024
IRC logs for Monday, July 22, 2024
[Meme] The Latest in the Microsoft Windows Blame Game
Microsoft found the culprit and came to everyone's rescue!
Links 22/07/2024: Overworking and Performance Issues From Europe
Links for the day
Microsoft Eliminates 67% of the Building Occupancy - That's Some Truly Massive Layoffs
Half a dozen floors? Microsoft cuts that down to two.
[Meme] Signs of a Dying Patent Office
"Bribe the media to say you excel"
This Month's General Consultative Committee (GCC) Webchat ('Meeting') Covered the European Patent Office's Attacks on Its Own Interpreters
The Central Staff Committee is currently circulating a report with appendices about the GCC meeting [sic] (webchat) that took place less than a fortnight ago
A Byzantine European Patent Office Where Staff Must Beg for Help With Contraception (Worse Than the Rest of Europe)
The Central Staff Committee (EPO staff representation) has just circulated a report
[Teaser] EPO Run by Children
"Daddy, why was I born?"
Let's Encrypt About to Fall Below 100 (Capsules) in Geminispace, It's Basically in a Freefall
The "self-signed" portion keeps growing
Gemini Links 22/07/2024: Spacewalk Dies and Old Computer Challenge in the Rear View
Links for the day
For the First Time Since May Linux.com (Linux Foundation) Published Something. It's All Spam.
Can we trust the Linux Foundation to look after anything at all? Look what it turned this once-thriving site into.
Honduras: Windows Down, Android Peaking Again
Honduras does not have many stakes in Microsoft
[Meme] Twitter (X) Will Reject the Concept of a Female President
Twitter (X) is controlled by misogynists, who socially control (or socially-engineer) their fake concept of "media"
Second Family Photo of Julian Assange Since His Release (First Since His Birthday)
His wife shows the 4 of them for the first time (2 hours ago)
Protesters in Kenya Need Software That is Free (Libre) and Supports Real Encryption in Order to Avoid Capture and Torture (Sometimes Execution)
There's more to fight over than economic issues
The Ludicrous Idea That GNU/Linux is a "Poor Man's" Operating System
Seeing the trends in countries such an Norway, it ought to be abundantly clear that adoption of GNU/Linux has nothing to do with poverty
Links 22/07/2024: Internet Optimism and Kamala Harris Policies Debated
Links for the day
Something is Happening at OFTC
It looks like it shrank by 20,000 users
GNU/Linux Usage in Guadeloupe Rises Closer to International Average, Based on Web Data Collected by statCounter
It should be noted that the estimates of GNU/Linux usage are now in 4.5% territories
The Impact of OFTC's Latest Changes on the Perceived Scale of IRC Globally
IRC is still one of the more potent alternatives to the social control media conglomerates
New: Why They Really Went After Assange
Uploaded by Chris Hedges
Links 21/07/2024: Health, Politics, and Kamala Harris in Focus
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 21, 2024
IRC logs for Sunday, July 21, 2024
A Drop in Half (From 208 to 104): Sharp Decline in Number of Gemini Capsules That Use Let's Encrypt CA Since December
Gemini is increasing its independence from Certificate Authorities (CAs)