Bonum Certa Men Certa

Glyn Moody on GNU GPL Against Software Patents and Microsoft Racketeering

GPLv3



Summary: How the General Public License can help fight the likes of Microsoft, whose only answer to GNU/Linux domination is now taxation of GNU/Linux (through patent extortion)

THE TABLET on which I'll record Richard Stallman tomorrow dons a GPLv3 sticker. We wrote about the GPLv3 quite a lot back in 2007 when it was new. We needed the GPLv3 because of patent deals such as Novell's. Microsoft was rapidly signing (or looking to sign) more extortion deals against Linux and in the middle of 2007 it announced a large-scale campaign to shake down all GNU/Linux vendors.



Towards the end of 2013 we have this moderate view from Dr. Glyn Moody. He explains today: "A theme that has re-appeared on this blog many times over the years is that of software patents. As I've noted before, they are perhaps the biggest single threat to free software, especially since the decline of Microsoft. Indeed, it's not hard to see software patent lawsuits being filed by Microsoft in the last, desperate stage of that decline in order to inflict the maximum damage on open source.

"That's already manifest in its Android licensing strategy. Note, in particular, that it refuses to discuss what exactly Android allegedly infringes upon. This means that it can sign secret deals with companies willing to go along with this ploy, giving the impression that there is a problem, without offering the slightest proof to that effect..."

“Indeed, it's not hard to see software patent lawsuits being filed by Microsoft in the last, desperate stage of that decline in order to inflict the maximum damage on open source.”
      --Glyn Moody
Moody's analysis then proceeds to explaining how the GPLv3 relates to all this. Now that Microsoft's super-trolls and other trolls such as Erich Spangenberg [1, 2, 3, 4] are going after legitimate companies we must recognise that fighting patents with patents (like OIN does) is not a solution. Trolls cannot be confronted by a reactionary lawsuit and here we have a story of a patent troll winning again. To quote TechDirt, where Moody is a writer: "There's a reason why patent trolls love east Texas -- and big part of that is that the juries there have a long history of favoring patent holders, no matter how ridiculous or how trollish. That was on display last night, when the jury in Marshall, Texas sided with patent troll Erich Spangenberg and his TQP shell company over Newegg. As we've been describing, Newegg brought out the big guns to prove pretty damn thoroughly that this guy Mike Jones and his encryption patent were both not new at the time the patent was granted and, more importantly, totally unrelated to the encryption that Newegg and other ecommerce providers rely on. Having Whit Diffie (who invented public key cryptography) and Ron Rivest (who basically made it practical in real life) present on your behalf, showing that they did everything prior to Jones' patent, while further showing that what Newegg was doing relied on their work, not Jones', should have ended the case."

Recently, when big trolls like Microsoft were risking a loss to their patent leverage, lobbying/AstroTurfing from Microsoft paid off. So we are left in a situation where Microsoft's extortion -- not just patent trolls -- is a real issue. The GPLv3 is a partial solution to that, if only more projects (like Linux) adopted it...

Comments

Recent Techrights' Posts

EPO Staff Representatives Say It Has Gotten Very Hard to Get Promoted (Forget About Getting Rewarded for Hard Work)
This has long been a problem
Occupational Health, Safety and Ergonomics Committee (LOHSEC) at the European Patent Office (EPO)
nobody in EPO management ever gets punished for crimes, no matter how severe
Microsoft is Actually Quite Worthless, Its Valuation is Based on Lies and Consistently Defrauding Shareholders
Microsoft's future is not what Wall Street "tells" us
The Final Demise of Social Control Media May be Upon Us (It Ought to be Collectively Abandoned for Society's Sake)
If it keeps going down, prospects of a turnaround or rebound are slim
The Latest NDAA Amendment Can (or Should) Allow the United States to Remove Microsoft Even Faster From Its Infrastructure (Which Routinely Gets Cracked Completely by Russia and China, Thanks to Microsoft)
It's time to move!
 
Kathy Lette on Julian Assange Staying at Her Attic, Why His Release Matters So Much, and Jen Robinson Staying Over Yesterday
They talk a lot about politics, but the segment mentions publishers, including Rushdie
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 12, 2024
IRC logs for Friday, July 12, 2024
Microsoft Windows Down to a New Low in Canada (Only a Third)
Very steep decline a decade ago
Links 12/07/2024: EU/China Tensions and Ukraine War Updates
Links for the day
EPO Staff Reps: "Until now, Mr Campinos is still leaving the appellants in the dark about the exact content of the opinion of the Appeals Committee on the EPO salary adjustment procedure."
Campinos chooses to lawyer up rather than listen up
[Meme] That Time EPO Workers Were Panicking Because the Elevators Kept Getting Stuck
Many people forgot that
[Video] Julian Assange's Brother Gabriel Shipton on How the Convoy to the Airport Was Arranged, Being at the Beach With Julian Assange After Release (He's Doing Well), and How Taylor Swift Has 'Helped' Julian
At the airport he was greeted by many press crews, but they were not there for him. They were there because of Taylor Swift.
[Meme] Financial Disinformation From Chatbots Controlled by the Manipulator (Rigger)
ChatGPT, the media is starting to say you're all hype...
Links 12/07/2024: Nations That Already Ban TikTok and Russia's 'Shadow War' Online
Links for the day
Gemini Links 12/07/2024: Changing and the WIPO Lunacy
Links for the day
Let's Encrypt Continues to Collapse in Geminispace and That's Good News for Free Speech (Among Other Things)
due to the way modern Web browsers work, many sites have no option but to use Let's Encrypt or pay for some other CA to issue some worthless-but-glorified bytes
Microsoft Falls Below 20% in Montenegro - Plunging to All-Time Low
sharp drop
[Meme] The Free Speech Absolutist From Apartheid South Africa
What will it take for all sensible people to quit X/Twitter?
Linux is Displacing Microsoft and Replacing Windows in Germany (Android Surge and New Highs for ChromeOS+GNU/Linux in Germany)
Germany is upgrading to GNU/Linux, not to latest Windows
Reorganising for Better Efficiency and More Publication (Original Material)
XBox "journalism" these days is mostly slop (chatbot spew disguised as news), so studying this matter isn't easy
Software Freedom is Still the FSF
At the moment the best advocacy group for Software Freedom is the FSF
Links 12/07/2024: XBox in Trouble, Crackdowns in UAE
Links for the day
Gemini Links 12/07/2024: Make Tea Not War, Considering Guix
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 11, 2024
IRC logs for Thursday, July 11, 2024
Links 11/07/2024: Intuit Layoffs, Companies Keep Bricking Products
Links for the day
Gemini Links 11/07/2024: Switch to a Dumbphone and Development Frustrations
Links for the day
Starting in 5 Minutes: Stella Assange on the Latest...
We might update this page with a WebM copy (local) if there is something important
The Race to GNU/Linux in Moldova
12 years ago Microsoft was still measured at 99%
EPO: Special Permission Needed to be Ill or Care for the Ill When Issuing Monopolies to Foreign Corporations is a Paramount Priority
It's 'production' 'production' 'production'!
[Meme] A Special Patent Office, the EPO
"I have no death certificate yet"
Links 11/07/2024: Internet Phone Book and Intense Mind Control/Censorship by Social Control Media
Links for the day
Andreas Tille, Chris Lamb & Debian sexism, not listening to real female developers
Reprinted with permission from Daniel Pocock
GNU/Linux Expanding in Russia, But Not Exactly Invading the Market
Russian spies work at Microsoft
[Meme] GPL is Still an Alien Concept to the Boardroom of IBM
stomp all over copyleft while blackmailing the FSF into inaction
ChromeOS and GNU/Linux Also Leapfrog and Surpass Apple in Kenya
ChromeOS is at about 1% there, so 6% total (more than Apple)
[Meme] Pay Cash, Avoid Hidden Fees
Cashless society means a less free society
5 Weeks Have Passed Since the Edward Brocklesby (ejb) Scandal or 'Gate' Started. Debian Has Not Yet Responded in Any Way Whatsoever (to Quell Concerns/Fears).
still an ongoing series
The Media Cannot Use the B Word (Bribe) Anymore?
That might "offend" Microsoft
99 More to Go (in 9 Days)
Unless the FSF extends the 'cutoff' date as it usually does
Microsoft Windows in Bulgaria: From 99% to Barely a Quarter
Only 15 years ago it seemed like Windows had cemented its 'lead'
[Meme] Changing How We Think of Patents
they're only about serving and protecting powerful people
Our Most Productive Summer Since We Started (2006)
We have over 10,000 lines of written notes and drafts
Compare WIPO to ADR Forum
it is "rude" not to hire lawyers
[Meme] GPL Circumvention by IBM (Red Hat)
"GPL? All mine!"
GNU/Linux and ChromeOS in Costa Rica: Over 4% Now
Desktop (or Laptop) & Tablet & Mobile combined would be about 50% "Linux"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 10, 2024
IRC logs for Wednesday, July 10, 2024
Links 11/07/2024: Space Programs, Education, and Mass Layoffs
Links for the day
Fellowship indexing pages by person
Reprinted with permission from the Free Software Fellowship
US State Department admitted General Hugh S. Johnson went off-topic, Andreas Tille called for punishments
Reprinted with permission from Daniel Pocock
Gemini Links 11/07/2024: Shifting Interests and It's All Books Now
Links for the day