Bonum Certa Men Certa

Microsoft File System Patents Are Collapsing

Steve Ballmer FAT



Summary: The primary patent extortion vector against Linux is falling apart with help from the creator of Linux

A FINNISH company called Tuxera is doing a lot of damage by making it standard practice to pay Microsoft for Linux, due to dubious claims of file system patents. Here is the latest attack from Tuxera and Microsoft. But another Finnish entity, Linus Torvalds, is meanwhile knocking down the very basis for this extortion, namely some controversial file system patents. As one writer put it:



Open source pin-up Linus Torvalds has managed to stuff up an important Microsoft patent which was being used to force Google Android and Linux handset users to pay up.

According to Wired, the Vole had forced many Android phone makers into paying licensing fees for various Microsoft patents related to operating system design.

It looked like Microsoft was vindicated when ITC Administrative Law Judge Theodore R. Essex found that Motorola had violated four Microsoft patents. But Torvalds helped convince the Administrative Law Judge that the patent was invalid.


So, will they issue a refund to many companies such as TomTom when this patent charade is buried? Here is the original article that everyone is linking to. It says;

Linus Torvalds just can’t help but be a thorn in Microsoft’s side.

First, he created an open source project that completely upset Microsoft’s business model. And now, he has helped shoot down an important Microsoft patent in Redmond’s crusade to wring licensing dollars out of Google Android and other versions of Linux.

Microsoft has coerced many Android phone makers into paying licensing fees for various Microsoft patents related to operating system design, and in some cases, it has actually taken legal action against such companies, including smartphone manufacturer Motorola. In October of 2010, it sued Motorola in federal court, and it filed a complaint with the United States International Trade Commission, or ITC.

Last December, Microsoft scored a victory when the ITC Administrative Law Judge Theodore R. Essex found that Motorola had violated four Microsoft patents. But the ruling could also eliminate an important Microsoft software patent that has been invoked in lawsuits against Barnes & Noble and car navigation device-maker Tom Tom.

According to Linus Torvalds, he was deposed in the case this past fall, and apparently his testimony about a 20-year-old technical discussion — along with a discussion group posting made by an Amiga fan, known only as Natuerlich! — helped convince the Administrative Law Judge that the patent was invalid.


This is very important news.

One debate which relates to this is whether software patents should be permitted in standards. The Business Software Alliance (BSA), a Microsoft front group, lobbies in favour and Glyn Moody takes note:

This is a perfect example of why this is not just about big companies versus little companies. Samba is not a company, and has no funds, and yet it has created and continues to develop one of the most widely-used pieces of software in the world. According to Mutkoski, it should be perfectly acceptable that this group of public benefactors - for that is what they are - should be denied access to key information held by a company that was found to have abused its monopoly, simply because that group has no funds. And that, in general, is what will happen if open standards are allowed to be FRAND, and not RF.

And to the argument that Samba did, indeed, obtain that key interoperability information, which proves the current system works, and doesn't need changing, consider this. Samba obtained that information only because, once more, two things happened: a one-time access fee was charged, and a Fairy Godmother appeared to pay it.

But the point is, a belief that companies will always grant one-time fees, and that Fairy Godmothers will always magically turn up in the nick of time to save open source projects that otherwise will be excluded from key sectors, is not a basis for European policy making. The European Commission must plan on the basis of reality, not fantasy. The only rational way of protecting open source projects and allowing them to continue to make their contributions to society is to insist on RF, not FRAND licensing for open standards.

Of course, there is an alternative which Mutkowski may like to consider: that Microsoft commits irrevocably, perpetually and unconditionally to take on the role of Fairy Godmother by covering all FRAND fees that may be demanded from any open source project for implementing open standards.


exFAT is a major sham that should not be permitted as de facto standard because of patents. Now that the patents in question are scrutinised, might there be a massive refund for Microsoft extortion? Unlikely perhaps, but one can hope. ⬆

Comments

Recent Techrights' Posts

"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women
Intercontinental Brigading - Part XXX - Breaking This Year’s Election Process With Bug Doors in Restricted Boot
Thankfully here in the UK we typically still vote with paper and pencil
Intercontinental Brigading - Part XXIX - Undermining US Election While Engaging in Lawfare in England (BBC) Against Publishers That Cover Anti-Election Violence
The elephant in the room is back doors in voting machines
 
Intercontinental Brigading - Part XXXII - Malfunctions Reported in Windows Voting Machines (as Usual)
"There are always problems," Ryan told us
Gemini Links 04/11/2026: GoAccess, Adopting Gopher, and Twisty Passages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 03, 2026
IRC logs for Tuesday, November 03, 2026
Intercontinental Brigading - Part XXXI - Microsoft and Promoters of "Secure Boot" Are to Blame
the important thing is that the dictator and Microsoft can remotely control all computers
Links 03/11/2026: Science Around "Near-Death Experiences" and "Do Animals Grieve?"
Links for the day
Gemini Links 03/11/2026: Guitar, 3D-Printable Electric Spinning Wheel, Against Haven Social, and More
Links for the day
Intel Corporation Down Over 51% in One Month, the US Bailout Didn't Work
Is the slop industry [sic] next?
Microsoft European Development Centre (EDC) Next to be Culled?
No time for that anymore
Mass Layoffs at SUSE, Over 10% of Staff Gone
Ignore their excuses
When You're a Software Developer and They Tell You That Your Occupation is Dead or Dying in Order to Sell Dysfunctional Offerings Based on Hype (and Plagiarism)
Disbelief is a strength when companies borrow trillions of dollars to sell a dud and construct a pyramid scheme
Links 03/11/2026: Slop-Tied Debt is Becoming a Crisis (Lenders Panic), "Ukrainian Journalists Urge Global Media Not to Look Away From Russian Aggression"
Links for the day
Malaysia Seems to be Exploring Digital Independence With GNU/Linux and More
not too bad
Microsoft Windows is Crashing in Republic of South Korea
Like in Japan, they seem to be shutting the lid on decades of Microsoft-isms
Think Less, Aim for Less (When It Comes to Hardware)
An abundance of hardware being wasted on a pyramid scheme will become a cautionary tale one day
Gemini Links 03/11/2026: Stargazing, Linux-Powered Prism "Ambient Computer", and Abandoning Streaming Disservices
Links for the day
GNU/Linux Made Big Strides in Portugal This Year
Microsoft had many layoffs in Portugal in recent years
GNU/Linux in Argentina Now Measured at 8% "Market Share"
Argentina is known for exporting skilled footballers, not advanced technology, but it has a large population, which we can hope will dump Windows
Microsoft is Borrowing Loads of Money While Telling 60,000 Workers to Take the "Offer" and Leave, Microsoft Wants Bailouts From the Dictator
Vote in elections and also vote with your wallet
Microsoft and Spoilt Food
Some whistleblowers may be needed here
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 02, 2026
IRC logs for Monday, November 02, 2026
Links 02/11/2026: Bracing for US Election and New Zealand Has November 7 Election
Links for the day
Gemini Links 02/11/2026: Beginning With Gemini Protocol, Looking for CoCs, and Slop for Local Data
Links for the day
NDA-Compatible PIPs and RAs at IBM Red Hat
We welcome Red Hat whistleblowers who can share with us the NDA/s passed their way
The Tower of Babel
More is not better
When Large American "Tech" Companies Can No Longer Complete Payroll
In spite of several very large waves of Dell layoffs, which the media reported on, it seems like they are still experienceng payroll problems, maybe that's why money is being borrowed
GNU/Linux Rises in African's Largest Population
15% in Nigeria [...] A country with over 200 million people
The Register MS Has Just Published a Fake Article With "AI" 28 Times in the Page (Communist Party of China Entity Paid for That)
In IRC, someone has just pointed out that an article at The Register MS repeats Microsoft's lies about its financial situation
Windows Down to All-Time Low, Says statCounter, While Microsoft Tells 60,000 Workers They're No Longer Necessary
Microsoft must be feeling "salty" right now
A British Uphill Battle to Eliminate Microsoft and Its American Back Doors
There are places of work and homes where GNU/Linux is installed and regularly used, not as a mere hobby but as a hyper-productive, practical tool
Writing for Good
The Web has an abundance of junk
Technical Coverage of US Elections
When elections are done by computers and decided by computers it becomes a tech issue
By Killing the "Linux News Section" in Softpedia (the Most Popular Section, Based on Its Editor) Softpedia Killed Itself
Enjoy Ballmer
Linkspam in "It's FOSS" Today (and It's Not Even FOSS)
free-to-access ad for some dodgy companies and the URLs are 'tampered' for cashback
Links 02/11/2026: Slop Destroying Mathematics and "Democracy is Not on the Ballot" (in US)
Links for the day
Celebrating Photography, Celebrating Life, Celebrating Magnificent Humanity, Not Plagiarism Disservices
Any time we adopt or spread slop imagery we are participating in the problem
Year-Long Celebration Starts on Saturday
This coming Saturday we turn 20
Intercontinental Brigading - Part XXVIII - Microsoft Doesn't Want People to Speak About Microsoft-Controlled Restricted ('Secure') Boot, a Silent Injustice and Back Door/Kill Switch
Can we please stop treating this as normal or acceptable?
On Desktops/Laptops, Clownflare Sees Windows at Under 60% and GNU/Linux at 15% This Past Weekend
Impressive if accurate
Microsoft Lunduke is Slop
Microsoft Lunduke is just trying to stir up hatred
Intercontinental Brigading - Part XXVII - Shooting the Messengers (People Who Oppose Microsoft Back Doors), Even Across the Atlantic
Keep this in mind later this week when a dictator either discredits the voting or covertly tampers with the voting process
Microsoft Wants 60,000 Employees Gone (One Way or Another)
At IBM, 15% of staff got marked as candidates for removal; at Microsoft it's almost 30%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 01, 2026
IRC logs for Sunday, November 01, 2026
Jean-Claude Van Linus
Claude talking?