Bonum Certa Men Certa

Mozilla Follows Red Hat's Misguided Strategy of Trying to Fight (Software) Patents With Patents Rather Than Invalidate Them

M.A.D. strategy where one side massively outweighs the other

Chris Beard
Source: Chris Beard, CEO of Mozilla (via Wikipedia)



Summary: Despite progress in the US patent system (limiting the patentability of software), the Mozilla Foundation leans towards patents with an acquisition and patent filing program

FOLLOWING a ruling by SCOTUS, the USPTO begrudgingly adopted new examination guidelines and software patents are demolished in retail quantities as a result. One might think that, consequently, FOSS firms would go on the offensive against software patents. Instead, however, some leading FOSS entities now befriend their patent enemies or even assimilate. Red Hat, for instance, has been filing for software patents for a number of years (we wrote a lot about this half a decade ago). Red Hat staff tells me that Red Hat is still applying for more software patents. This is relevant in light of the following recent articles:





Larry Cafiero from FOSS Force just wrote:

While it’s true that we’re past the Ballmer “cancer” era, let’s be clear on this issue: Microsoft only “loves” Linux because it has come to the realization that it needs Linux and FOSS to survive. I’m not willing to accept this “love” as sincere, and until Microsoft decides to “walk the walk” instead of just talking the talk, I am going to just have to consider this claim to be, well, complete nonsense.

Finally, let’s not forget the true nature and history of Microsoft, as outlined centuries ago by that famous Greek programmer Aesop:

“A scorpion and a frog meet on the bank of a stream and the scorpion asks the frog to carry him across on its back. The frog asks, ‘how do I know you won’t sting me?’ The scorpion says, ‘because if I do, I will die too.’

“The frog is satisfied, and they set out, but in midstream, the scorpion stings the frog. The frog feels the onset of paralysis and starts to sink, knowing they both will drown, but has just enough time to gasp ‘Why?’

“Replies the scorpion: ‘It’s my nature…'”


Earlier today we showed that Microsoft is still attacking Linux with patents (it’s Microsoft's nature), just days after the deal with Red Hat. But it's not just Red Hat.

"Mozilla will file software patents," Benjamin Henrion wrote (citing this article in French), "time to crowdfund PTAB invalidations under Alice" (well, yes, it's well overdue and vastly better use of funds).

“They are essentially fighting fire with fire.”PTAB (Patent Trial and Appeals), which we last wrote about several months ago, got mentioned by a large corporations' lobbying site (focusing on patent trolls). "It amazes me," Matt Levy wrote, "that a procedure like inter partes review has become so controversial, with the Patent Trial and Appeals Board being called a “patent death squad” and people talking about patent “kill rates.” The argument typically goes something like this: a high percentage of patent claims are invalidated in inter partes review (the exact percentage claimed varies), therefore the PTAB is killing patents."

Looking at the automated translation of the article Henrion linked to, it says that, "Mozilla on Friday announced an acquisition and patent filing program, with the intention to place them immediately under viral free licenses, that would encourage proprietary software vendors to join the movement free."

No, that's just a waste of time. It's like OIN and it's not going to protect from trolls such as MPEG-LA, which Mozilla is already paying.

It is rather disappointing to see some of the most powerful companies that are (almost) purely focused on FOSS choosing to adopt patents rather than properly fight against them. They are essentially fighting fire with fire. This isn't what we need in order to defend the freedom of software. Are these firms being advised or even steered by lawyers, who make a living from perpetuating this kind of mess?

"Small Software companies cannot afford to go to court or pay damages. Who is this software patent system for?" —Marco Schulze, Nightlabs Gmbh



Recent Techrights' Posts

Windows is an Unnatural Disaster, It is Also Avoidable
there's a wide window of opportunity opening
Killing the News With Spam and Slop Benefits Those Whose Desire is an Uninformed Population
adoption of Free software depends indirectly on political activities/activism
Open Source Initiative (OSI) Privacy Fiasco in Detail: An Introduction
Perhaps tomorrow or perhaps next week we'll share more information about what happened and what was reported to the California Privacy Protection Agency
IBM's BS (Bait, Switch) Regarding Ways to Stay Onboard
PIPs, RTOs, and forced relocations are just an illusion of choice (or ability to recover)
Banned evidence: Ars Technica forums censored email predicting DebConf23 death, Abraham Raji & Debian cover-up
Reprinted with permission from Daniel Pocock
 
Links 30/03/2025: "Quantum Randomness" and "F-1 Visa Revoked" in US
Links for the day
Gemini Links 30/03/2025: US as a Threat, Returning to the WWW
Links for the day
Links 30/03/2025: Judge Blocks Dismantling Of VOA, Turkey Arrested Many Journalists
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 29, 2025
IRC logs for Saturday, March 29, 2025
Judges Would Never Rule for Men Who Strangle Women or Against Women Who Merely Wrote Articles About Abuse They Had Received From Men
We don't intend to do "trial by media", so we won't be disclosing claims and defences until it's over
Gemini Links 29/03/2025: Less YouTube and More Station
Links for the day
In Some Countries, Such as Thailand, Firefox is Already Measured at Less Than 2% (One Day Firefox Will Get Blocked, Not Only Lack Support)
Web consolidation around Chrom-isms will doom the Web as we know it
Links 29/03/2025: Trademarks Battles, Fires Destroy More Than 3,000 South Korean Homes
Links for the day
Links 29/03/2025: More Crackdowns on Science, "Hey Hi" Slopping is Flopping
Links for the day
Costa Rica Almost Bankrupt Because of Microsoft
the incidents in Costa Rica are Windows incidents
Gemini Links 29/03/2025: Art of Looking, Wireguard, EMacs
Links for the day
Links 29/03/2025: Attacks on Social Security and War Updates
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 28, 2025
IRC logs for Friday, March 28, 2025
Intimidation, Threats, and Bullying Not Tolerated by Techrights
When it comes to our reporting, safety always comes first
A World Without Rules
We're long insisted on better laws and actual enforcement of them (applicable to all, not selectively applied)
statCounter Sees Microsoft Windows Falling to New, Unprecedented Lows in Palau
Taking Android into account, Windows is now down to an all-time low of 14%
Google News Lost the Fight to LLM Slop (While Google Itself Sells Slop, Nowadays Under the Name "Gemini")
Many people say that "Google is getting worse"; that's almost an understatement
Links 28/03/2025: AirAsia Trouble Again, UMich Culls All DEI Programs
Links for the day
Gemini Links 28/03/2025: Alexa is for Gullible People, Rant About Feature Overload
Links for the day
The SLAPPs From the Microsoft Strangler (and Sidekick) No Better Than Patent Trolling
one must never settle with trolls
Something to Celebrate in Gemini Protocol
More capsules and users join in
Links 28/03/2025: Last Reminder "to Delete Your 23andMe Data", "UK's First Permanent Facial Recognition Cameras Installed"
Links for the day
Microsoft Canonical Continues Its FUD (Fear, Uncertainty, Doubt) Campaign, Reveals Google Too Sponsored It
They're paid-for lies from a Chinese company that takes GAFAM money to write puff pieces about them
Android Rises Above 76% in Mozambique, Leaving Windows in the Dust
Windows may soon be measured as smaller than Apple's iOS
IBM, Red Hat and Microsoft Probably Also Manipulate Metrics (It Helps Con the Shareholders)
Wall Street's credibility will depend on enforcement of "checks and balances"
Slopwatch: trendhunter.com and Other Pure Junk From "Google News"
The need to vet sources is hardly new; anyone can spew out anything, anywhere. There's a need for vetting.
Gemini Links 28/03/2025: Rewatching The X-Files, Slop Concerns, and NOSTR Censorship
Links for the day
Links 28/03/2025: Australia at Risk, EPO Grants Illegal Patents With Illegal Effect
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 27, 2025
IRC logs for Thursday, March 27, 2025