Bonum Certa Men Certa

Microsoft Loves Linux Patent Tax

Wanting to eat Linux (and Linux revenue) for breakfast...

Breakfast of love



Summary: Some of the latest reports pertaining to Microsoft's (and its patent trolls') pursuit/lobbying for software patents at a time when such patents lose their appeal/lustre in the United States

SOFTWARE PATENTS are still possible to attain at the USPTO, but this does not mean -- and is certainly no guarantee -- that courts or even boards (like PTAB) will tolerate these. In fact, both often reject these and this reduces the incentive to pursue software patents in the first place.



"They want software patents restored so that they can carry on blackmailing software companies (usually with Linux/Android) at greater ease."Watchtroll offers tips for overcoming the barriers to software patenting, having come to grips with the fact that at the Court of Appeals for the Federal Circuit (CAFC) almost no software patents survive (one can count this year's exceptions on the fingers of one hand).

As noted here the other day, based on two reports, Microsoft and its trolls continue trying to undermine the new rules. They want software patents restored so that they can carry on blackmailing software companies (usually with Linux/Android) at greater ease. According to this new report about Microsoft's biggest troll:

Earlier this week, Intellectual Ventures (IV) petitioned the full Federal Circuit to review the panel opinion in Intellectual Ventures v. Symantec, which invalidated two of its patents under section 101. Both patents—the '050 and the '610—are directed to filtering email or file content. (IV does not challenge the invalidation of a third patent, which was directed to receiving, screening, and distributing email.) The petition echoes concerns raised by clients, courts, and the patent bar about the growing uncertainty about what is—and what is not—patent eligible, especially in the area of software patents. Identifying two emerging fault lines in the court's evolving section 101 jurisprudence, IV urges the full court to bring much needed doctrinal clarity and methodological consistency to the patent eligibility analysis.


It's important to keep track of this case.

Microsoft's and Bill Gates' (personal connections) patent troll now pressures CAFC to kowtow to software patents while the media keeps telling us that Microsoft loves Linux so much. We don't suppose the Linux Foundation cares to comment on Microsoft's own lobbying for software patents (directly, not just by proxy). It's an Inconvenient truth when the Linux Foundation gets paid not to understand, having received Microsoft money for a while now [1, 2, 3]. Here is what Simon Phipps (head of OSI for a long time) wrote about the Linux Foundation's decision to join Microsoft the other day:

https://twitter.com/webmink/status/798919426494042112

https://twitter.com/webmink/status/798919988572782592

https://twitter.com/webmink/status/798932179237666820

https://twitter.com/webmink/status/799043592522235904

https://twitter.com/webmink/status/799220085999206400

https://twitter.com/webmink/status/799296798540107776

https://twitter.com/webmink/status/799297149343301632

https://twitter.com/webmink/status/799297435671691268

https://twitter.com/webmink/status/799261170616201216

https://twitter.com/webmink/status/799553684451577856

https://twitter.com/webmink/status/799557363502039040

https://twitter.com/webmink/status/799619480389386240

https://twitter.com/webmink/status/799295491284594688

https://twitter.com/webmink/status/799665767067201536

https://twitter.com/webmink/status/799680282299420672

https://twitter.com/webmink/status/799680707111043072

https://twitter.com/webmink/status/799681961627422720

https://twitter.com/webmink/status/799747480187326464

https://twitter.com/webmink/status/799771431185825794

https://twitter.com/webmink/status/799771694613274624

https://twitter.com/webmink/status/799771791845625857

https://twitter.com/webmink/status/799771965477322752

https://twitter.com/webmink/status/799773220316520448

https://twitter.com/webmink/status/799773784232329217

https://twitter.com/webmink/status/799775028657188869

https://twitter.com/webmink/status/799775295758827520

https://twitter.com/webmink/status/799775875495526400

https://twitter.com/webmink/status/799776644655448064

https://twitter.com/webmink/status/799777039075131393

https://twitter.com/webmink/status/799777172827308032

https://twitter.com/webmink/status/799778862595010560

https://twitter.com/webmink/status/799779365047435264

https://twitter.com/webmink/status/799779506697469952

https://twitter.com/webmink/status/799779950471606272

https://twitter.com/webmink/status/799780545391632384

https://twitter.com/webmink/status/799781353290170368

https://twitter.com/webmink/status/799781932880031744

https://twitter.com/webmink/status/799782271079378945

https://twitter.com/webmink/status/799782709598031872

https://twitter.com/webmink/status/799784023191126016

https://twitter.com/webmink/status/799785996036505600

https://twitter.com/webmink/status/800302950035898368

https://twitter.com/webmink/status/800620939818008577

"Microsoft's and Bill Gates' (personal connections) patent troll now pressures CAFC to kowtow to software patents while the media keeps telling us that Microsoft loves Linux so much."Another odd 'friend' of Linux, a company that is attacking small companies using software patents while lobbying for software patents and spreading proprietary software, is mentioned in the news today. IBM’s Manny Schecter is trying to find some balance between secrecy and software patents and we sure hope that he'll quit his stance on software patents as it often makes IBM look almost as hostile as Microsoft.

'“Other than Bill Gates, I don’t know of any high tech CEO that sits down to review the company’s IP portfolio" —Marshall Phelps (of IBM and Microsoft)



Comments

Recent Techrights' Posts

The Bloating of the Web Contributes to Global Warming and Causes Burnout (Slowdown, Hardware Erosion, Waste)
This problem isn't limited to weather sites or subsites
Why It's Ludicrous to Call Us "Microsoft Haters"
Even if clustered together, news items still cover a broad spectrum (or spectra) of issues
The Old Ways of Computing Were Objectively Better
Not as fast, but certainly much better
 
Good Thing When Home Appliances Are Ancient Antiques
dealing with the alarm has cost only time
IBM Bailouts and the IBM People Inside the Administration
It seems possible/plausible that it is bailout money down the drain or that this money will never arrive at all
Links 26/05/2026: Lithium Batteries Causing Fires (Even on Planes), 'Timmy' the Whale Dies
Links for the day
Pursuing Facts in an Age of Lies and 'Hallucinations' (Falsehoods Without Anyone Accountable, They Try Calling Computer-Generated Lies or Forgeries "Intelligence").
Our aim is to relay information while bypassing gossip networks like social control media and slop in "search" clothing
Computer-Generated Legal Filings Get You Reported to the Solicitors Regulation Authority (SRA)
We'll write a lot more about this in the future
EPO "Cocaine Communication Manager" - Part XII - In the Second-Largest Institution in Europe One Can Take Paid 'Sick Leave' for Doing Cocaine, Then Come Back
Cocaine addicts in the management were bullying colleagues. They're still in charge.
Sites in Their Twenties
We currently run concurrently a handful of series and have a lot more in the backlog
SLAPP Censorship - Part 88 Out of 200: Brett Wilson LLP is Defaming Trans People in America Because Garrett Pays Hired Guns to Silence Them
Garrett is scoring many own goals this year
Sloppy "Resource Action," (RA) or IBM Layoff, Leads to Another IBM Lawsuit, Alleging IBM Tries to Pass Liability to Algorithms
IBM is meanwhile resorting to slop to gaslight its remaining shareholders
The Latest IBM Layoff Rumours
What has happened to the company that invented so much of modern computing?
Holy See Recognises the Threat of GAFAM and Slop
Will the Holy See move away from GAFAM?
Social Control Media is a Giant Waste of Time (and There Are No Future Remedies for This)
Social Control Media is considered unhealthy to young people, but it is also collectively unhealthy to nations and nation-building
Codecs and Software Patents - Part X - Florian Müller Still Muddying the Waters for FOSS, Using Software Patents
Some things never change...
Gemini Links 26/05/2026: Slop Bug Reports and Crawlers Considered Evil
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 25, 2026
IRC logs for Monday, May 25, 2026
Slop Causes Global Warming
in some parts of the world people die from overheat (heat strokes) as temperatures reach almost 50 degrees as early as May in the northern hemisphere
Vatican Speaks Out Against Slop, Promoting Instead "Truth, Dignity of Work, Social Justice, and Peace."
Religion (no matter which) does not oppose machines, but LLMs aren't useful machines
SLAPP Censorship - Part 87 Out of 200: Access to Justice
this part will be short
A Promise IBM/Red Hat Could Not Keep
"all about control, not so much optics."
Links 25/05/2026: Russia Lobbing Oreshnik Ballistic Missile Again, Slop Comes Under More Fire
Links for the day
Gemini Links 25/05/2026: Injury in Gym and Abusive LLMs DDoSing Software Developers While Misusing Their Code
Links for the day
A 'Bank Holiday' When National Debt Doubles in a Decade
Maybe it's time to rename "Bank Holidays"
Links 25/05/2026: Lingering Environmental Concerns and Domain Registrars Targeted for Unmasking
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 24, 2026
IRC logs for Sunday, May 24, 2026
Gemini Links 24/05/2026: Impressions of Auckland, the Age of Left or Right Extremism, and .zim files
Links for the day
Microsoft's 'Hiring Freeze' (Layoffs) and Salary Freeze (While Inflation Approaches Double-Digit Rates)
If they get replaced by anyone, it'll be low-paid folks in low-salary regions [...] workers' stress levels shoot up, compensation goes down
Slop Will Not End Humanity, The Pushers of It Do (Artificial Scarcities and Global Warming)
Causing hunger and poverty in the name of "computation"
How Can the 'Broligarchs' Love Us When They Don't Even Love Themselves?
Their SLAPPs have their limits
Death at IBM Due to Overwork
Dying for IBM is never worth it
We Publish Less, We Get More Exposure
UbuntuPit is coming to realise that quantity isn't what comes to matter or truly "count", especially when quantity comes at expense of authenticity
Codecs and Software Patents - Part IX - GNU Project Has Chosen to Adopt AV1 for Its Videos, Conversion and Additions Underway
One of our readers is working to help GNU through the maze of software patents and maze of patent lawsuits, which aren't the same thing but are somewhat overlapping issues
SLAPP Censorship - Part 86 Out of 200: The Position of Courts on Computer-Generated Lawsuits and Filings From Another Continent (Made by Two Men Who Work for Slop Companies)
Lawsuits by proxy from California
Links 24/05/2026: SoftBank CEO Getting Conned by Scam Altman, Hotter 2026 and El Nino With Growing Impact
Links for the day
Links 24/05/2026: Ebola Outbreak and "Journalists Identify Murder Victims Of Trump’s Boat Strike Program"
Links for the day
IAM Magazine is in Effect Dead, It's Now Fused Into Microsoft's Patent Troll (Which It Has Promoted All Along)
Microsoft-connected patent trolls in Europe [...] Now, in his new job, Wild can use his 'expertise' to help guide blackmail/extortion to better harm Europe's industry
A Huge Proportion of 'Articles' in The Register MS Are Actually Paid Spam of the Communist Party of China, Selling Compromised (for Wiretapping) Technology
The Register MS is having a go at becoming a marketing company or "B2B"
Top Officials Have Just Left Microsoft, Layoffs in Anything But Name
Microsoft's debt is very fast-growing
Local Staff Committee The Hague (LSCTH) Meets "Alicante Mafia" at the European Patent Office (EPO)
Report on meeting with VP1 and his team on 21 April 2026
UbuntuPit (ubuntupit.com) Has Deleted Slop Pages, Its Slopfarm Experiment Has Failed (Like Always!)
Turning one's site into a slopfarm is a death knell
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 23, 2026
IRC logs for Saturday, May 23, 2026