Bonum Certa Men Certa

Recognising the Death of Software Patents, Microsoft's Largest Ally in India Belatedly Joins the Linux-Centric Open Invention Network

But Microsoft carries on with its usual tricks, this time calling them "Azure IP Advantage"... (Microsoft-armed trolls attacking Azure's rivals and non-customers)

Microsoft and trolls



Summary: With the demise of software patents come some interesting new developments, including the decision at Infosys -- historically very close to Microsoft and a proponent of software patents -- to join the Open Invention Network (OIN)

OVER the past month or so we've published 10 articles about Microsoft siccing patent trolls on GNU/Linux [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. It's already happening on the face of it (we have since our last article learned that the Toyota patent deal covers "OS" and "file systems", i.e. Linux), and LG adopts similar tactics that prevent responsibility/reaction by 'proxifying' to trolls (see this old cartoon about it -- one that we've just 'massaged' or flattened to fit our layout above). This is the kind of thing OIN was supposed to protect against, but we have hardly seen any evidence of effective defense (OIN told one such tale about half a decade ago, but nothing since).



"OIN cannot guard against this."The idea that OIN will somehow 'snatch' patents before they reach trolls (even where Microsoft arranges for others' passage, e.g. from Nokia to MOSAID/Conversant) assumes that Microsoft is naïve. See what happened with CPTN. OIN cannot guard against this. OIN is not the solution to the core issue, which is patents on software. OIN stakeholders, in particular the large ones, don't want patents on software to stop. They want GNU/Linux and they want patents on software too; they want the impossible!

Over in India, thanks to vigilant populace and local businesses, software patents have been kept illegal all these years. Infosys, a Microsoft proxy which had a change of heart on software patents (because they're impossible to attain/enforce), joins the Open Invention Network this week [1, 2, 3, 4]. It's rather surprising, but given the nationality of Infosys (Indian), this is not entirely shocking. Their CEO has actually lashed out at software patents -- a move which we very much welcome.

"OIN is not the solution to the core issue, which is patents on software."Over in the United States, there is still some uncertainty over the death of software patents. Companies generally know that courts are hostile towards software patents (the higher the court, the more hostile) and fewer of them -- albeit not all -- dare sue. It's the initiation of a long and expensive process which typically yields nothing after Alice (only court and lawyers' fees).

IAM, an enemy of India [1, 2, 3] and a proponent of software patents (also the mouthpiece of patent trolls, as we last showed yesterday), worries about an impending SCOTUS ruling which would most likely further inhibit patent trolls and software patents in the US. IAM wrote the following yesterday:

As anyone with even a cursory interest in patents could tell you, this means that as things stand a large proportion of patent suits are concentrated in the Eastern District of Texas, which because of its handling of issues such as discovery and early case motions, is perceived to be particularly plaintiff friendly.


Because it is. And it's even advertising itself as such! So much for justice! It's like a disciplinary committee under Battistelli, which evidently continues to be a problem [PDF].

"Over in the United States, there is still some uncertainty over the death of software patents."According to this new article (sheltered behind a paywall, as usual), the USPTO is probably realising that software patents are a thing of the past. To quote the summary:

Recent Federal Circuit decisions, and updated Guidance issued by the USPTO have provided practitioners with a new roadmap to navigate the minefield left in the wake of the "Alice" case.


Alice, as we repeatedly noted last year, is here to stay. There are no signs that Justices will revisit the matter (patentability of software) any time soon. Instead, again behind paywall, Justices now look into other matters. MIP give paying subscribers a glimpse at what happens in Impression v Lexmark (oral arguments). It's a SCOTUS patent case which along with TC Heartland will quite likely further restrict patent scope in the US (a much-needed and overdue reform). ⬆

Recent Techrights' Posts

Birss Replaces Vos in UK's High Court, LLM Slop Plagiarism a Contentious Issue
Only days ago we mentioned Sir Geoffrey Vos in relation to lobbying for LLM slop
Despite the Mass Layoffs Microsoft's Debt Soared by 5.1 Billion Dollars in Just 3 Months
This is why Microsoft asks 60,000 workers to leave
What Linus Torvalds Told Me Two Decades Ago
It seems like he was eager to distinguish himself from the "elders" of FSF [...] For anything "revolutionary" to happen in the sciences one must accept the risk of living in poverty like Tesla (the person, not the right-wing fanatics) and Torvalds isn't too old to "cause a stir"
 
Links 30/10/2026: "Over 41,000 DHS Employee Records Leaked Online" and Concerns Over Radicalism in France
Links for the day
Intercontinental Brigading - Part XXIV - It's an Inherently American Issue and American Elections Are at Risk From Restricted ('Secure') Boot and LLM Chatbots (Disinformation at Scale)
We'll focus a lot on US elections in the coming days
"Early Retirement" (Silent Layoffs) for Everybody Except the Executives
Some will stick around even past 70
Gemini Links 30/10/2026: Solar MiniBBS, Kubernetes With FreeBSD, "Sysadmin Day"
Links for the day
Microsoft Layoffs Far Worse Than the Media Tells (Microsoft Spin Laundered as "Reporting")
Some people are made to "retire" and sign an NDA to make it seem like a happy ending and mostly consensual retreat
Links 30/10/2026: Google Crashes on Slop Disappointment and GAFAM's "Data Center Blitz Is Burning Through Cash and Scaring Wall St."
Links for the day
Fake 'Articles' in The Register MS Concerning "AI"
We don't suppose The Register MS will be around for much longer after this bubble pops
GNU/Linux as a Free Software Platform is More GNU (and GPL) Than Linux
GNU predates Linux by nearly a decades and it was born to tackle injustices
Who Or What Are Security Professionals/Experts?
Companies like GAFAM are willing to tolerate cheaters because those companies themselves are cheats
Intercontinental Brigading - Part XXIII - What Garrett Did Puts Elections at Risk (Also in His Own Country, Where a Dictator Trusts Only Machines That 'Support' Him)
UEFI 'security' is only as trustworthy as its ferocious boosters
Gemini Links 30/10/2026: RIP Patrick Stewart and Amp Integration
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 29, 2026
IRC logs for Thursday, October 29, 2026
The Metric is Not the Mission
"Passing Thoughts" by Andy
More Than 5 Years Have Passed Since Official Release of Vista 11 and in the US It's Measured as Only 3 Times Bigger Than GNU/Linux on the Desktop/Laptop
If mobile is culled from the statistics, then GNU/Linux is somewhere near 11%
It's About Intention, Not Attrition, at Microsoft
Microsoft does in fact aim to push many workers off the cliff
The Next 50 Years of Emacs (and GNU)
GNU's founder made the widely used editor, GNU Emacs
Links 29/10/2026: Microsoft-Connected and Funded Openwashing at FOSDEM, Tragedy in Spain
Links for the day
Gemini Links 29/10/2026: London, Worcestershire, and Robot Exclusion Protocol
Links for the day
The Register MS is Publishing Spam About "AI" for HP, Sponsored by HP, Even Composed by HP
Or "HPE" as they choose to call themselves (with the hype of "enterprise")
Links 29/10/2026: Anthropic Still Sued Over Copyright Infringement (Plagiarism Isn't "Training"), Elon Musk Openly Admits He Helps Putin Crush Ukraine
Links for the day
Intercontinental Brigading - Part XXI - Techrights Was Right, So Why Was It Punished by Lawfare While the Culprits Walk Away Scot-free?
Techrights did a public service, cautioning about real risks to the public, but the people who caused the problems walk away scot-free
Intercontinental Brigading - Part XXII - Still "Radio Silence" From "Restricted Boot" Perpetrators (After Techrights Proven Right Again)
Maybe when they sober up they'll say something...
'Secure' Boot Is Not Secure, Here Are News Reports About the Latest Evidence
We'll be linking to this page in the future as evidence of the catastrophe
No, Microsoft Isn't Doing Well (It Has Struggled for a Long Time)
Microsoft isn't growing, the shares are a Ponzi scheme of sorts
What Makes Techrights a Community
Communities can accomplish a lot. They cannot be "bought" and "sold", they're based on trust, mutual respect, and shared ideology.
Linux Links 29/10/2026: Refractor Stargazing and Making Better Use of RAM in Linux
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 28, 2026
IRC logs for Wednesday, October 28, 2026
Project Glasswing and PHP2Shell vulnerability
by Akira Urushibata
Turning Point for the Slop Industrialists
First, a lot of people who work on "hey hi" at Microsoft (no matter the buzzword or brand, e.g. "copilot") are impacted
Links 28/10/2026: Slop Bubble Pops in China, Rocky Linux Creator Becomes Slopper, Openwashing by the Slop Pushers Explained
Links for the day
Gemini Links 28/10/2026: Slop Plagiarism Considered a "Weapon", "Completely restored HTML interface to the Orbital Fox mailing list"
Links for the day
The Corrupted Corporate Media is Spinning Massive Microsoft Layoffs as "Investment in AI" Instead of Evidence That "AI" Nonsense is Catastrophic
Microsoft asking 30% of its staff to leave is a sign of bubble
Links 28/10/2026: "Rest of World Faces Prospect of Shutting Down" and Robert Reich Says "Musk Wants Me Imprisoned"
Links for the day
Gemini Links 28/10/2026: Cold Outside Again and Maths
Links for the day
Intercontinental Brigading - Part XX - Restricted and Moot, or How 'Secure Boot' Turns Out to be a Disaster (Again) This Week
It already has a history of breaking/bricking servers
100 Years of IBM Racism
GAFAM is not about "diversity" or "equity" or whatever. It's a greedy, money-making venture, even if they appoint CEOs of colour
Racism at Microsoft
Microsoft tribalism has an element to it aside from corporate allegiance
Intercontinental Brigading - Part IX - Literature About Malignant Narcissists in America Silencing the Press
There's a price for criticising abuses
Compelling Examiners at the European Patent Office to Fake "Growth" (in Patent Monopolies) Using Slop and Sloppy Processes
The agenda of management is likely illegal and the methods likewise
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 27, 2026
IRC logs for Tuesday, October 27, 2026