Bonum Certa Men Certa

Apple's Anti-Linux Patent Lawsuits Give Another Reason for Concern Over CPTN

Steve Jobs with patent
Original photo by Matt Buchanan; edited by Techrights



Summary: Proprietary software giants continue to use patents against freely-shareable software and regulatory agencies begin to react, acknowledging this anti-competitive problem

CPTN is a kind of cartel of proprietary software companies, unsurprisingly led by Microsoft. Three quarters of them have a recent, high-profile history of attacking FOSS projects using software patents and now they want Novell's patents, too. Some of these patents may be UNIX-oriented.



We have no sympathy for Novell, which fuels Linux arch rivals. We have already alluded to the Apple lawsuit a couple of times (last time was this morning) and since Samsung pays Microsoft for Linux, we have not much sympathy for Samsung, either. Semi Accurate explains why "Apple suing Samsung is incredibly stupid":

Apple (AAPL)suing Samsung over, well, who really cares anymore, is probably the dumbest thing that Apple could do. It could have more serious blowback than most pundits realize, including sinking the iGadgetmaker.

The situation goes something like this. Mobile phones are a brutally cutthroat business, with basically nothing to differentiate one company from another any more. There are only so many things you can do in a phone the size of a cigarette pack, and most of those have been done by someone or something in the past few years. Barring that, someone did it on a UNIX box in the 60′s, and there is a video out there to prove it. Nothing in computing is new.

Thanks to the best government money can buy, the US has a system of rather bogus software patent laws that allow things that any idiot would find blindingly obvious to be patented. Atari’s bitmap patents, Amazon’s ‘one click‘, and any of 73,000 Microsoft ‘innovations’ spring to mind. All these do is subvert the patent system in order to shut out competition, innovation, and anyone with pockets not deep enough to enrich a large legal firm. The system itself is broken and thoroughly gamed.

[...]

With that in mind, Big Fruit suing Samsung could be tantamount to suicide. All Samsung needs to do is suspend wafer starts for Apple and say, “See you in court Steve”. By the time it gets there, 2016 or so, will Apple be in business? How many months of no iAnything do you think it would take for Apple to dry up and blow away? Unlike graphics cards or memory, each ARM SoC is unique, needs a unique board, unique software, and has unique capabilities. The painful flip side of custom chips is that Apple can not make an iDevice with another part, period.


It sure seems like Linux-based platforms will dominate tablets (not just Android, maybe WebOS too) and the pathetic Apple lawsuits help validate this because we saw the very same thing happening in phones just before Android outpaced hypePhone in the United States. Lawsuits like this one are a last resort, they are a sign of desperation.

We previously explained Apple's role in funding the world's biggest patent troll (IV) and also its role in CPTN. Nasty stuff. See posts such as:



According to this important new announcement, regulatory bodies help in crippling the CPTN provisions, owing to complaints from the FSF and OSI (and maybe the FSFE too). In the interests of brevity, we are putting some responses of interest at the bottom of this post. From the announcement:

The Department of Justice announced today that in order to proceed with the first phase of their acquisition of certain patents and patent applications from Novell Inc ., CPTN Holdings LLC and its owners have altered their original agreements to address the department’s antitrust concerns. The department said that, as originally proposed, the deal would jeopardize the ability of open source software, such as Linux, to continue to innovate and compete in the development and distribution of server, desktop, and mobile operating systems, middleware, and virtualization products. Although the department will allow the transaction to proceed, it will continue investigating the distribution of the Novell patent to the CPTN owners.


How foolish must David Meyer feel right now, having paid attention to Microsoft Florian and published the headline "Novell patent sale clears US regulatory hurdle" some days ago in ZDNet UK. As Groklaw put it in response to these mobbyists, "I can't resist. To my fellow journalists: did what Florian Mueller wrote about this turn out to be accurate?" His lobbying algorithm is flawed, the EPO should issue a refund immediately.

Microsoft Florian keeps ridiculing OIN this week (opposite of Groklaw, as usual). And also new from Groklaw: "Open Invention Network Takes on Mass - Facebook and HP Join"

The news today is that Facebook and HP have joinded Open Invention Network. In addition, Google is moving up from licensee to join Canonical as associate member, the second highest level.


What can the Open Invention Network (OIN) do to help against patent trolls? Groklaw ought to have some answers to these questions, especially with relevance to Microsoft and proxies such as SCO. In light of some additional text from the i4i vs Microsoft case, Groklaw is an important community site for the defence of Free software. Can anybody help us get those PACER-delivered court documents that Groklaw routinely obtains and HTML-ifies? What will the community do when Groklaw stops posting new articles? Upon closer inspection, its opponents usually turn out to also be opponent of the FSF and software freedom in general. the same goes for FFII opponents and many of our own opponents/hecklers.

The FFII's mailing list has a new message about "Defensive patenting event [such as OIN] in Stanford", quoting:

http://cyberlaw.stanford.edu/node/6660

Stanford Law School, Room 280B 559 Nathan Abbott Way Stanford, CA, 94305 United States Name of Speaker: Jason Schultz and Jennifer Urban Title of Event: A Defensive Patent License Proposal


In other news about patents, it sure seems like people try to patent (or are already patenting) every little thing [1, 2] as this new example illustrates:

India has put in place a unique "global bio-piracy watch system" through which, whenever somebody files a patent application in any of the seven largest patent offices in the world, scientists sitting in India immediately get to know about it following which the application is checked "for prior knowledge".


Who needs this garbage detection? Why assume this system which favours monopolisation is favourable in the first place? Even the Department of Justice is gradually realising that patents are used by cartels and need to be stopped/disarmed.

Assorted responses to the CPTN decision:

The H: Department of Justice says Novell and CPTN must change patent deal

The Novell/CPTN deal was part of the agreement created in November to allow Attachmate to acquire Novell; before the $2.2 billion acquisition went ahead, Novell was to sell 882 patents to CPTN, a holding company owned equally by Microsoft, Oracle, Apple and EMC, which would then allocate and distribute those patents between the CPTN owners. In January, the Open Source Initiative and the Free Software Foundation jointly asked the DoJ to intervene in the deal saying that the confidential negotiations taking place could "be used to hide nefarious intentions". The OSI had also written to the German Federal Cartel Office in December.

The DoJ, working closely with Germany's Federal Cartel Office, appears to have agreed with the OSI and FSF's view of the deal, and is requiring major changes. Most importantly for open source developers, the agreement now says that all of the Novell patents will be "acquired subject to the GNU General Public License, Version 2, a widely adopted open-source license, and the Open Invention Network (OIN) License, a significant license for the Linux system". The announcement does not specify how these licences, especially the GPLv2 software licence, will apply to the patents. There would also be limits on CPTN, and it's owners, from limiting which patents are included in the GPLv2 and OIN licensing process or influencing the process.


Steven J. Vaughan-Nichols: Microsoft gets Novell's Patents rights but must share them with Open-Source Software

Well, this is almost certainly not the Novell patent deal that Microsoft and its CPTN Holding Partners-Apple, EMC and Oracle-wanted . The U.S. Department of Justice (DoJ) announced today, April 20th, that in order to proceed with the first phase of their acquisition of certain patents and patent applications from Novell, CPTN Holdings has altered their original agreements to address the department’s antitrust concerns. In particular, “The department said that, as originally proposed, the deal would jeopardize the ability of open source software, such as Linux, to continue to innovate and compete in the development and distribution of server, desktop, and mobile operating systems, middleware, and virtualization products. Although the department will allow the transaction to proceed, it will continue investigating the distribution of the Novell patent to the CPTN owners.”


Andy Updegrove (from the above): “This is a rather breath-taking announcement from a number of perspectives. Among others, the granularity of the restrictions imposed demonstrates a level of understanding of open source software in general, and Linux in particular, that has not been demonstrated by regulators in the past. It also demonstrates a very different attitude on the part of both the U.S. and German regulators, on the one hand, and Microsoft, on the other, from what we saw the last time that Microsoft was under the microscope. In the past, Microsoft was more disposed to fight than negotiate, and the U.S. and the European Commission were far apart in their attitudes. This announcement conclusively places open-source software on the U.S. regulatory map.”

Simon Phipps: Open Source Critical To Competition

News just broke jointly from the US Department of Justice and the German Federal Cartel Office that they have directed CPTN to change the way they acquire Novell's software patents so that the open source community is protected.

This is landmark news for the software freedom community. The Open Source Initiative (where I am a director) and the Free Software Foundation both submitted opinions to the DoJ. Both agreed that the acquisition of Novell's patent portfolio by a consortium comprising Apple, EMC, Microsoft and Oracle presented a threat to the ability of open source software to promote strong competitive markets. It seems the DoJ and FCO agreed with them.

To me, this establishes:

* Open source is a crucial market force, ensuring strong competition, and as such deserves regulatory recognition and protection; * Software patents pose an anti-competitive threat that deserves regulatory recognition and action; * OSI-approved licenses form a suitable basis for regulatory remedies; * The collective action of the software freedom community - represented here by OSI, FSF and FSFE - can have an important effect.


Carlo Piana: via Identi.ca

Kudos to OSI and !FSFE for pursuing the #CPTN matter on the two sides of the pond. Seems quite an achievement for #antitrust #swpats


Recent Techrights' Posts

Natural Disasters and Personal Disasters
Thank you, Om Malik, for the positive memories
Microsoft Already Closing Down Studios, According to Some Publishers
It is being compared to what happened in Intel
IBM PIP Stories Told in Public, Fake IBM News (Fabricated Claims) Drown Media Sites
IBM is seeding fake news to help justify the bailout
The Register MS is Promoting a Pyramid Scheme for Money, But It Is Over 6 Million Pounds in Debt
How much lower can the reputation of this publisher sink?
The Cyber Show on How Data is Misused and Broadcast is Abused to Crush Resistance to Harmful Technology
We recently published a number of articles about how Computer Science is coming under attack
Assessing the "Worth" of a Life
Don't let blunt plutocrats decide whether Venezuelans deserve sympathy or not
 
Firehose of Spam (Fake News) From The Register MS Today
This is how awful the state of news sites really is
Slopfarms Becoming Scarce and Few (or Inactive)
we'll try to refrain from even giving the remaining slopfarms any visibility
The Register MS Promotes Things That Do Not Exist... for Money
How much more ZTE spam will come out before 5PM?
Links 26/06/2026: RIP, Om Malik, 1966-2026
Links for the day
Memory Leaks Suck
Slop ('vibe') coding means lots of bad programs
Gemini Links 25/06/2026: Life Philosophy and Misery
Links for the day
GAFAM Became a Mainstream Term, and Why Words Matter
Conveying problems in useful terms [...] Impairing propaganda attempts (e.g. calling parrots "intelligence", back doors "confidential", and outsourcing "cloud") should be the first step
European Patent Office (EPO) on Strike Today, Next Week Another Historic Week
If you live in Europe, contact your delegates today
FSF FreeJS Project (Part of the GNU Project's Goals) Advanced Further in 2026
They're moving to reduce dependence on anything to do with Microsoft
SLAPP Censorship - Part 119 Out of 200: Our Suggestions to Our Politicians and Heads of State
coverage about SLAPPs and related matters
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 25, 2026
IRC logs for Thursday, June 25, 2026
Microsoft Falls to Lowest Value Since 2023
Microsoft can come back down to somewhere below $100
This Could be the Start of Microsoft's Biggest Wave of Layoffs in 50+ Years
This is what it looked like for Intel a few years ago
Gemini Links 25/06/2026: Unix-like People and NeoGeo
Links for the day
Members of the Delegations in the EPO's Administrative Council Told That Amid Unrest Campinos Must Go; a Year of EPO Strikes Means It's Time to Change Leadership
Which strategy is needed for the European Patent Organisation?
Increasing Participation Rates in Staff Representatives' Elections at the European Patent Office (EPO)
The industrial actions seem to have brought colleagues closer together
Microsoft's Mass Layoffs Have Already Begun (Could Not Wait 'Til July)
Microsoft's biggest layoffs round in 50+ years?
Planning 20-Year Techrights Event
Interested people can contact us in IRC
Links 25/06/2026: Earthquakes Strike Venezuela, Conflict of Interest in Kangaroo Court UPC
Links for the day
More Weight of IBM's Stock is Ascribed to Lies and Things That Do Not Exist
Turning stones into gold?
SLAPP Censorship - Part 118 Out of 200: Exposing Crimes is Not a Crime, It is a Public Service
We will soon enter the sixth year of lawfare
Links 25/06/2026: "Why We Need Seed Legislation" and XBox Chaos Predicted by Insiders
Links for the day
Gemini Links 25/06/2026: Hobbies Change, Young love, Strange Encounter, and Raspberry Pi Zero W
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 24, 2026
IRC logs for Wednesday, June 24, 2026
Don the Con Meets the Conman From IBM, Shares of IBM Continue Sliding Some More
The "Quantum" hype did not last long [...] PIPs are the new layoffs
Retaliatory Whistleblowing Expected at Microsoft During or After the Mass Layoffs
Retaliatory behaviour by Microsoft will backfire
Gemini Links 24/06/2026: Heatwave, Steam Next Fest, and Year of Buying Guitar Pedals
Links for the day
Links 24/06/2026: China Tops "TOP500", Impact of Microsoft’s Massive Layoffs Extends Further, Internet Society's Community Snapshot
Links for the day
While Thousands at IBM Lose Their Jobs ("Silent Layoffs") IBM's CEO Goes Begging the Dictator for Bailouts, Based on Deliberate Lies About "Quantum"
Many who claim to be retiring are only in their 40s and 50s. They're too proud to publicly admit what IBM did to them.
European Patent Office (EPO) Series: London Calling...
EPO Vice-President in charge of the "Patent Granting Process" is likely to have been a pay-off for the support which the UK gave to Campinos in 2017
Faking Productivity With Slop and Wasting Money on Faking 'Productivity': A Microsoft Story
If the quality of everything at Microsoft goes down
IBM Sends Workers 'Packing', Sometimes With the "Low Performer" Label That Imperils Their Future
To many people out there, IBM correlates with deceit
Links 24/06/2026: Four-Day Workweeks, GM Cut 1,000 Workers at Its EV Plant, 21,000+ Oracle Layoffs
Links for the day
A Step in the Right Direction (EU) in the Fight Against LLM Slop From GAFAM (US)
We've already mentioned this in Daily Links, but let's discuss this a little further
SLAPP Censorship - Part 117 Out of 200: Libel Tourism or Defamation Forum-Shopping in the United Kingdom Condemned by the European Union (EU)
Last week we reminded readers that the EU had criticised UK defamation law
Demonstration Next Week at the European Patent Office (EPO), Administrative Council Seen as Complicit
Corruption in Europe hurts all of us
IBM is Now Hinged on False Accounting and False Promises
This is the legacy of the current CEO
"PARTNER CONTENT" or 'Content Farms' That Promote Slop and Misinformation (The Register MS)
The Register MS represents a big part of the problem we all face
Wikipedia - Like Some Free Software Projects Infiltrated and Bribed - Bans Its Own Founder
Over the years we've named (not shamed) some projects and organisations that got corrupted by money and ended up banning their own founders
Turn Off the Slop, It's Wasting Energy and Destroying the Planet (the Only Planet We Have)
Right now we see lots of headlines about energy shortages and drained-up reserves
Lessons From Almost 30 Years of Site-Building Activities
We still strive to become faster and lighter
Do Not Outsource (the Seductive Mirage)
Abandoning so-called 'conventional wisdom'
Media Complicit in IBM Fraud Meant to Prop Up the Share Price Based on Lies, Fabrications
Even IBM insiders are fuming at this
The “Aktion T4” at the European Patent Office (EPO) Saves Money for the President's Own Purse
Call for parents of children with special needs
In Some Countries, Windows Has Lost Its Monopoly
Windows fell to an all-time low globally this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 23, 2026
IRC logs for Tuesday, June 23, 2026
Gemini Links 24/06/2026: Motivation, PostScript Printer, and Why Hyperscalers and the Smolnet are Compatible
Links for the day