Bonum Certa Men Certa

President of the OSI Calls IBM, Microsoft and Other Companies Patent Trolls, Explains the Role of OIN

Simon Phipps



Summary: Useful analysis from Simon Phipps, who has turned more vocal in his opposition to software patents and those who promote them

Simon Phipps is a terrific leader. He is not self-censoring and over the years he has thrown some punches at companies which are hostile towards FOSS. He also built (or rebuilt) a relationship with the FSF, which helps reduce if not eliminate wasteful efforts such infighting and competitive advocacy; the OSI and FSF are now jointly submitting formal complaints against patent trolls. Phipps also spoke out repeatedly against patent trolls and patent aggressors -- something which many in the FOSS groups don't bother with. Here in Techrights, due to lack of time and resources, we have not focused so much on patents recently; so, here is something to make up for it.



Newegg is currently in the headlines because it gets sued a lot by trolls and it fights back. 30 infringement claims were made against Newegg in the past 8 years alone, based on Newegg's claims. To quote: "Newegg was founded "in the ashes of the Internet trough" in 2001, said Cheng. The first 10 employees worked in a warehouse about 20 miles outside Los Angeles. Newegg still owns the facility, called Warehouse 1, though the company's headquarters now resides in another warehouse in City of Industry.""

Newegg is not a massive giant like IBM, Apple, or Microsoft. It does not hoard patents and it is really suffering from patents, which are originally the game invented and played by the rich and the powerful. Also from Phipps (OSI President) there is this coverage of OIN, which was created by massive multi-nationals, including IBM. Phipps explains: "While many open source advocates remain rightly concerned about the chilling effect of software patents on both innovation and collaboration, open source software has additional defenses against patent aggression that aren't available to proprietary software. The Open Invention Network (OIN), a novel patent pool fighting for rather than against open source, plays an important role in these defenses."

But OIN is still not fighting to eliminate software patents. It's more of an interest group. As Phipps put it, "make sure the software you use is under one of these modern licenses; older licenses like BSD and MIT don't mention patents. Second, comply with the terms of the license -- easy enough for almost all open source licenses, especially compared with the labyrinthine complexity of commercial licenses and EULAs. As long as you comply with the terms of the license, you benefit from the protection it offers. Third, work in the open rather than making last-minute contributions. This is good practice anyway, but it adds protection too."

So in other words, OSI may be benign to Free/Open Source software players; for everyone else it's not of much use. Newegg gets nothing out of it.

In another new post from Phipps it is claims that Microsoft and IBM are just "big trolls" -- something he has said even back when he worked for Sun. "Rogue software patent trolls are the scourge of the tech industry. But the larger, better-dressed trolls don't get a pass either." Phipps writes.

To quote Phipps further: "The dirty secret IBM, Microsoft, and other self-proclaimed advocates of patent reform don't want you to know is that they are trolls, too. They have large and highly profitable business units using exactly the same tactics as the patent trolls they hate. The reason they hate the trolls is not because of what they do -- after all, IBM and Microsoft were the pioneers of treating patent portfolios as profit centers rather than cost centers. No, the reason they hate the trolls is because the trolls attack them with the weapons they themselves perfected."

We already explained how IBM and Microsoft helped abolish patent reform attempts. This ought to make people who think of IBM as a friend of FOSS reassess their position; it is definitely not the first time IBM does this. IBM's and Microsoft's friends at SUSE have this new release (funded in part by Microsoft and IBM), but we should remember to regard it as nothing but an attempt to tax GNU/Linux with patents. We hardly cover anything SUSE-related anymore (we ignore rather than fight), but the fact remains that people should boycott SUSE. It's about patents.

Recent Techrights' Posts

When the Microsoft Aggressors Rely on Several Law Firms ('Attack Dogs', 'Guns for Hire'), Not Just One, Lawyering Up Against Techrights (Acting on Behalf of Americans Against UK Publishers)
From serving customers at some restaurant he has moved on to bullying people with demand letters
Polygamy, from Catholic Synod on Synodality to Social Control Media & Debian CyberPolygamy
Reprinted with permission from Daniel Pocock
Only a Third of or 1 in 3 Web-Connected Devices is a Desktop or Laptop, According to statCounter
we can expect Android to widen its lead
 
statCounter Estimates Only 1 in 300 Iranians Would Use Microsoft for Search
Iranians don't quite trust Microsoft
Gemini Links 24/06/2025: ftpd on FreeBSD and Online Small Web Magazine
Links for the day
Google News Does Great Harm by Promoting Slopfarms as Legitimate News Sites
Slopfarms are sites which are 100% LLM slop
Links 24/06/2025: Trouble at "Open" "AI" and ‘Siarhei is Free’
Links for the day
Gemini Links 24/06/2025: Stimulants and Subscription Costs for DRM
Links for the day
Links 24/06/2025: OpenAI [sic] May Soon Die (Too Much Debt) and Social Control Media Accused of Being Misinformation/Disinformation/Propaganda Amplifier
Links for the day
Nirbheek Chauhan in Planet GNOME Explains Why Wayland Pushers Are Losing
"A strange game. The only winning move is not to play."
The Days Are Getting Shorter, the First Half of 2025 is Almost Over
We're gratified to see significant increase in traffic and also positive feedback on the work we do
Turning GNU/Linux Into a Political Football
X (not the site) is Free software
X Server Still Works for Many People
A lot of people will grow suspicious of Wayland boosters/pushers if they persist and insist on using these tactics
Exactly a Week Ago "BetaNews Staff" Said "Betanews Is Growing Alongside You". Since Then Every Article (All by "Camila Nogueira") Has Been LLM Slop.
BetaNews is basically a slopfarm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 23, 2025
IRC logs for Monday, June 23, 2025
The "Tarzan Effect" in Compilers and Software
What happens when you forcibly make things 'work', either by hacks or by disregarding warnings (like those that compilers tend to issue)?
Gemini Links 23/06/2025: Mass Tourism, Hair Love, and Google Gemini as a Googlebomb
Links for the day
Law Firm Burgess Mee Does Not Fully Deny Participating in Abusive Litigation for Serial Strangler From Microsoft
I am not unfamiliar with these tactics
The Modus Operandi of Wayland Pushers: Make It Political
do what I say or you're a nazi...
Links 23/06/2025: RFE/RL Contributor Vladyslav Yesypenko Released, Recording Industry Cutbacks
Links for the day
Brett Wilson LLP Solicitors (M): Over 99.9% of Our E-mail is Self-Marketing, We Send You 3.5MB E-mails for Less Than 1KB of Text
Why would tech people entrust legal matters to such people?
Peter Moon's (Computerworld) Interview With Richard Stallman
Stallman: If you want freedom don't follow Linus Torvalds
At What Point Does Outsourcing Constitute Malpractice?
Brett Wilson LLP's new staff page is misleading
United Arab Emirates (UAE) Sailing to GNU/Linux, According to statCounter
countries in that region will quickly learn the price of neglecting digital sovereignty
From Do Your Own Research to Do Your Own Search
The Web is full of garbage; search engines amplify this garbage
More People Moving to Geminispace?
at age 6+ Gemini Protocol seems to have gained some maturity and it seems like more people use it
Permutation in LLMs Does, Inevitably, Change Meanings and Therefore LLMs Cannot Properly Rephrase or Summarise Texts
LLMs lack actual grasp or comprehension of what they spew out
Links 23/06/2025: Many Security Breaches, Population Declines
Links for the day
Gemini Links 23/06/2025: "America at the Crossroads" and OpenWRT Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 22, 2025
IRC logs for Sunday, June 22, 2025
Pure Dove
Different means different, and sometimes those who "deviate" from "the norm" have a point
Censorship is a Sign of Weakness Which Invites More Censorship Attempts
revolutionaries don't succumb to pressure from bullies
Why It's Unlikely That LLM Slop Will Dominate the Web in the Long Run
Slopfarms will eventually perish (they have no actual value) and "survivors" on the Web will be sites that never depended on search engines and social control media
GNU/Linux in Argentina Now Measured Near 5%
Like in central Europe, they must be seeing an increasingly hostile US
BetaNews is Fake News, Composed by LLM Slop
nothing in BetaNews is written by humans anymore
Links 22/06/2025: Giving Up on Smartphones and 'Jaws' at 50
Links for the day
Gemini Links 22/06/2025: Furniture Construction and Bubble for Comments
Links for the day
Links 22/06/2025: Windows TCO Tales and YouTube Getting More Hostile to Users
Links for the day
The FSF Board and FSF Beard
So the FSF's Board has grown
Law Firms Facing the Consequences for Patently Abusive Litigation on Behalf of Microsoft Employees Who Got Arrested for Strangulation and Had Done Even Worse Things
Having spent 1.5 years bullying me with patronising letters on behalf of Microsofters, last week they got served a massive bill and, in effect, lost the Hearing
New Report From the EPO's Staff Representatives in The Hague (LSCTH) Reveals Many Unsolved Issues
Local Staff Committee The Hague (LSCTH) wrote to staff just before the weekend
LLMs Breaking Everything
Computing and the Net became a playground for scammers and "bros", like people who "invented" fake currencies and also try to tell us that LLMs spewing out things will have some real value
Links 22/06/2025: More Slop Lawsuits (Copyrights) and "America’s Oligarch Problem"
Links for the day
Gemini Links 22/06/2025: Gigantic Toolchest and Annoying Bots
Links for the day