Bonum Certa Men Certa

Lawyers' Attacks on Free/Open Source Software (FOSS)

Summary: Leading and cutting-edge FOSS in jeopardy because of a culture of frivolous litigation

OpenStack, which SUSE and Microsoft were trying to make proprietary, recently got protection from OIN because "patent trolls invade the cloud" and as the President of the OSI, Simon Phipps, put it the other day in his post about OIN, "patent trolls target their next victim: Cloud computing". He explains that "Cloud computing's success has caught the attention of patent trolls -- so the Open Invention Networks is gearing for battle" (although it cannot defend from trolls, only from other large companies with products).



According to this one report from last night, a "Patent Troll Sues The FTC" for standing in its way. To quote some background: "We've written a few times about patent troll MPHJ, a company which had a bunch of bizarrely named shell companies sending threatening letters to thousands of small businesses, demanding $1,000 per employee, if those companies happened to have a network connected scanner that had the common "scan to email" feature. MPHJ claimed it had a patent that covered this, and wanted to go after the end users with threats, in order to clean up on "settlements." MPHJ had become one of the poster children for extreme patent trolls abusing the system, and various states had begun suing the company for threatening local businesses. In fact, just today, NY apparently settled with MPHJ -- and revealed that MPHJ acquired its five patents for... $1."

Let's clarify that patent trolls (usually lawyers) are a huge problem that needs to go away. But trolls are not the only problem; we need more restrictions on patent law (probably necessitating intervention from SCOTUS [1], which historically did almost nothing to make patents saner). The sad thing is that some legal firms (i.e. lawyers) don't give a damn about innovation; consider this very recent example [2] where a firm called for "crackdown" on FOSS "internet browsers and payment systems which facilitate illegal activity" (worse than trying to ban research tools like nmap and wget).

No all lawyers are evil, but putting aside those who serve public interests (not many), lawyers should be treated as one of the major threats to FOSS.

Related/contextual items from the news:



  1. Supreme Court looks to rein in top patent court with two new cases


  2. O’Donovan calls for crackdown on internet browsers and payment systems which facilitate illegal activity
    Fine Gael TD for Limerick, Patrick O' Donovan has called for tougher controls on the use of open source internet browsers and payment systems which allow users to remain anonymous in the illegal trade of drugs, weapons and pornography. Deputy O’Donovan has written to the Oireachtas Communications Committee, of which he is a member, asking it to investigate the matter.


Recent Techrights' Posts

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
 
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
At What Point Does Outsourcing Constitute Malpractice?
Brett Wilson LLP's new staff page is misleading
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
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
The Calling
Persist and persevere, justice will come your way
So Far Every BetaNews 'Article' is LLM Slop, So BetaNews is Officially Just a Slopfarm
They just don't seem to value what they have
IBM Rumour: Mass Layoffs (RAs) Lists Being Made for Consulting, With Effect in July 2025
Bogus companies with no viable products and no world-leading (in their field) staff are doomed to perish
Links 21/06/2025: Data Breach With 16 Billion Passwords, Dutch Government Recommends Children Under 15 Stay off TikTok and Instagram
Links for the day
Gemini Links 21/06/2025: Notes about Typst (and LaTeX) and Opos
Links for the day
Microsoft's Competition Tactics: Sabotage GNU/Linux Installs, Block Chrome
Edge is dying
1989: Free Software as "Open" Software (OSI Didn't Coin "Open Source", It Also Predates Linux)
"One man's fight for Free software"
The Microsoft OOXML Modus Operandi: Throw 1,000 Pages of Other People's Work for a Judge to Read Ahead of a One-Hour Meeting
No time to discuss this - that's the point
Formalities Officers (FOs) at the EPO Are in Trouble, Reveals Internal Report
We already know, based on an HR pattern we saw at IBM and elsewhere, that reallocating roles can be prerequisite for dismissal and those who do so expect many to resign anyway
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day