Bonum Certa Men Certa

Why Google Will Invalidate Linux-Hostile Patents

Crosswalk



Summary: Explanations given to clarify that Linux is not under siege and that OIN helps deter Microsoft, leaving it using patent trolls and proxies for the attempted taxation of GNU/Linux

Microsoft feeding patent trolls with "anti-Linux patents" (not our own term but a term that was widely used at the time) is not a conspiracy theory, thanks in part to proof obtained by the OIN and the Linux Foundation [1, 2, 3, 4, 5, 6]. As we showed before, the patent troll-led MPEG-LA is batting for Microsoft's and Apple's benefit, directly aiming at Google as well (there is reactive defence from Google). Google's GNU/Linux servers, the free codec, the free Web browser, and Android are some of the lucrative targets these days. It is a subject which we tackled repeatedly over the past week [1, 2, 3], more latterly because of Microsoft Florian and his FUD about a patent ruling which will most probably be overruled.



Here are some interesting details about the source of the lawsuit:

Can't let it pass without comment: A mystery-company called Bedrock Computer Technologies sues Google in the Eastern District of Texas for infringing on a patent. And that patent names Linux! It's also going after Yahoo, MySpace, Amazon, PayPal, Match.com, and AOL (What??? Does AOL use Linux?).

You can just about throw a dart and hit a tech blog reblogging the story today, but I like Steven J. Vaughan-Nichols & Paula Rooney's take on it the best: "Idiotic Anti-Linux & Google Patent Decision" says it all.

It's almost a parody of a patent troll case. "Bedrock Computer Technologies" has a website, and what's on that home page? A showcase of technologies for sale by them? A shopping-cart section where you can actually buy something from them? Nope, just an Art-Deco logo straight out of Atlas Shrugged, linking to an email drop - I take it whomever's job it is to read the mail from that drop is having a jolly time hosing it out today. Bedrock is a patent troll, and they don't give a thin damn who knows it.


Given the geography of the case and given the depth of Google's pocket, this is more noise than signal. This will go away. It is a timely lesson, however, regarding the ridiculousness of software patents and it can rekindle this important debate.

Well, guess what? Even Microsoft boosters acknowledge that it's not as serious as Microsoft Florian tried putting it and Groklaw has this productive suggestion and constructive response which seeks to eliminate software patents as a whole. It is the only real solution. From the introductory summary:

This article provides a detailed factual explanation of why software is mathematics, complete with the references in mathematical and computer science literature. It also includes a detailed factual explanation of why mathematics is speech, complete once again with references. My hope is that it will help patent lawyers and judges handling patent litigation understand these fundamental truths, so they can apply that technical knowledge to their field of skill.

Case law on software patents is built on a number of beliefs about how computers and software work. But as you will see, when you compare the technical facts presented in this article and in the authoritative works referenced, with expressions in case law on how computers and software work, you will find they are often in complete opposition. I believe this is a foundational problem that has contributed to invalid patents issuing.

If you are a computer professional, I hope you pay attention to another aspect of the article, on how the lawyers and judges understand software. This is critical to understanding their point of view. After reading case after case on the topic, I have concluded that the legal view of software relies on beliefs that are in contradiction with known principles of computing. Computer professionals explain their profession based on an understanding that is, on its face, the opposite of a few things the legal profession believes to be established and well understood facts. Moreover, the law is complex and subtle. Computer professionals don't understand it any better oftentimes than patent lawyers understand software, and so they can make statements that make no legal sense.

I believe that coming to a clear and fact-based definition of what an algorithm is can help both sides to communicate more effectively. So let's do that as well.


Brian Proffitt says that there is "no reason to worry about Linux" because this patent verdict can be overturned quite soon. To quote his column:

I was on the road in Boston late last week, and thus was unable to easily write something up on the April 15 jury finding in the case of Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al.

That's the catchy name for the patent infringement lawsuit launched in 2009 by Tyler, Texas-based Bedrock against Softlayer and CitiWare Technology Solutions, LLC, two Texas-based software companies, and a few firms that are decidedly not from Texas: Google Inc., Yahoo! Inc., MySpace Inc., Amazon.com Inc., PayPal Inc., Match.com, Inc., AOL LLC and CME Group Inc. The suit alleges that a patent that Bedrock owns, US 5,893,120, is infringed by the defendants in the suit, because such a method is employed by the Linux operating system and as major users of Linux, the defendants are liable for damages.

Back on April 15, after a five-day jury trial, the Federal jury in Tyler, Texas indeed found in favor of Bedrock and specified that Google owed the company a huge, staggering amount of $5 million in damages. (Yes, that was sarcasm.)

Patent law followers will note the location of the trial venue. The United States District Court Eastern District of Texas is well-known as a favored district for patent infringement suits. It is no coincidence, surely, that Bedrock's founder David Garrod opted to start his company, which exists only as a holder of patents like 5,893,120, in such a patent-friendly location.


Proffitt's former colleague, Sean Michael Kerner, reminds us of the role played by the OIN, which has no built-in immunisation against patent trolls (e.g. those whom Microsoft feeds), unlike large companies that wage patent wars under different rules. To quote Sean:

Patents remain a source of risk for the open source ecosystem, though the Open Invention Network (OIN) is doing its' part to help reduce the risk.

The OIN launched back in 2005 as a group tasked with acquiring patents and then licensing them back to the open source community on a royalty-free basis.

OIN has continued to grow over the years, and for the first quarter of 2011, the group grew by over 70 new licensees including HP, Facebook and Juniper Networks.


Since those who bemoan Linux (and constantly spread patent FUD about it) also smear the OIN, surely there is something about the OIN which worries Microsoft; it acts as a deterrent. For example, Microsoft is not suing OIN members for patent violations, assuming they join early enough, unlike TomTom. The monopolist can use patent trolls to file these lawsuits however. Microsoft is, after all, the genesis of the world's biggest patent troll. It cannot deny this fact.

"In a world where there are $500 million dollar patent infringement lawsuits imposed on OS companies (although this is not completely settled yet), how would somebody like Red Hat compete when 6 months ago they only had $80-$90 million in cash? At that point they could not even afford to settle a fraction of a single judgment without devastating their shareholders. I suspect Microsoft may have 50 or more of these lawsuits in the queue. All of them are not asking for hundreds of millions, but most would be large enough to ruin anything but the largest companies. Red Hat did recently raise several hundred million which certainly gives them more staying power. Ultimately, I do not think any company except a few of the largest companies can offer any reasonable insulation to their customers from these types of judgments. You would need a market cap of more than a couple billion to just survive in the OS space."

--SCO's Strategic Consultant Mike Anderer

Comments

Recent Techrights' Posts

European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
Links 10/06/2026: More Microsoft Layoffs, Sweden to "Ban Mobile Phones in Schools"
Links for the day
 
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy
Gemini Links 10/06/2026: Signal to Noise, Cancer, and Permacomputing
Links for the day
Communities and "Prosumers."
today's meetup will be about community
Gemini and Gopher Links 10/06/2026: Roasting, Changes, and Harms of Slop
Links for the day
Microsoft Azure Shrinking With More Mass Layoffs
"Reports suggest the layoffs will impact close to 200 out of 400 workers, who are set to cease employment at Azure on July 6"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 09, 2026
IRC logs for Tuesday, June 09, 2026
European Patent Office (EPO) Series: The Centre-Right "Social Democratic Party" in Portugal
Quite an achievement for a former Maoist radical and aspiring champion of the Portuguese proletariat to be invited to join Goldman Sachs
SLAPP Censorship - Part 102 Out of 200: Maybe One Day Whistleblowers From Brett Wilson LLP Will Tell Us What Really Happened
Maybe one day some former staff of Brett Wilson LLP will also approach us to blow the whistle
What LibreOffice and TDF Get Right About Document Formats (and What They Get Wrong)
OOXML is a phantom - it is something nobody implements, not even Microsoft!
Gemini Links 09/06/2026: "The Mist of the Lands Between", Board Game Concept
Links for the day
2026: The Year Slop Companies "Made an Exit" (Threw in the Towel Over to Wall Street)
Remember 2026 as the year two major slop companies (which we won't name) sought an IPO
Links 09/06/2026: NSO Group still cracking, "FOI tribunal throws out £14k costs claim against journalist Barnie Choudhury"
Links for the day
Links 09/06/2026: "Smartphones Broke Dating" and "EU Open Source Strategy"
Links for the day
Cannot Speak About IBM Wrongdoing or Jobs Being Sent Overseas (Lower Salaries)
IBM has long attacked the media, the whistleblowers, and even online forums
European Patent Office (EPO) Series: The CIA-Funded Centre-Left in Portugal
In the political turmoil which followed the fall of the old regime, the communists seemed to be acquiring a dominant position and there was a very real risk that Portugal could end up aligned with the Eastern Bloc if they were not stopped
This Coming Friday
Richard Stallman (RMS)
Yesterday Afternoon The Register MS Published a Fake Article That Says "AI" 31 Times Because It Got Paid to Do This
What will happen when all those loans for slop (Ponzi scheme) stop and companies' marketing budgets - which include media bribes for hype campaigns - are no more?
Extraordinary General Meeting of Staff Union of the European Patent Office Ahead of Intensifying Strikes
We will, in the meantime, run a series about EPO corruption, which is now connected to corruption in Portugal and to corruption inside the EU
Several Slopfarms That Target "Linux" Seem to Have Died
Or perished severely
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 08, 2026
IRC logs for Monday, June 08, 2026
Gemini Links 09/06/2026: Tanana River, Cassette Beasts, and Emacs
Links for the day