Bonum Certa Men Certa

Microsoft is Promoting Software Patents in India in Another Effort to Undermine Free/Open Source Software, Microsoft-Connected Trolls Are Still Suing

Watch the men behind the curtain

Microsoft and trolls



Summary: The ongoing patent threat to Free/libre Open Source software (FLOSS) and the role played by Microsoft in at least much of this threat

THE company which claims that it "loves Linux", Microsoft, unsurprisingly (given its track record on this) attacks GNU/Linux. It is still promoting software patents in India even though the rules are clearly preventing this. It is not allowed.



"...Microsoft, unsurprisingly (given its track record on this) attacks GNU/Linux."How do we know?

See this report from a few days ago: "GNLU Centre for IPR in collaboration with GNLU-Microsoft chair on IPR and policy research, is organising a panel discussion on ‘Protecting software’s through Patents: Current Challenges and Future Solutions’ on 7th October, 2017 at Gujarat National Law University, Gandhinagar, Gujarat."

Why would Microsoft organise a discussion on "Protecting software’s [sic] through Patents" in country that does not permit such patents?

"Why would Microsoft organise a discussion on "Protecting software’s [sic] through Patents" in country that does not permit such patents?"The matter of fact is, Microsoft is still an enemy of GNU/Linux, yet certain people choose not to see it.

Where is Microsoft when it comes to OIN? Non-aggression is not something Microsoft can commit to. As Simon Phipps keeps stating, he would not believe Microsoft unless or until it decides to join OIN. But that too would not be sufficient because we already know that Microsoft operates through trolls, too.

OIN made the headlines (again) a few days ago. But it required some digging to find (none of the major Linux news sites picked this).

According to the press release, JD.com Joins the Open Invention Network (OIN) 'Community', but OIN is not against software patents and it certainly cannot stop patent trolls, even by its very own admission, making itself susceptible to loopholes. To quote from the press release:

"The retail space is undergoing a significant sea change -- perhaps the largest in its history -- as consumers worldwide continue to accelerate their purchasing via online retailers. To meet this growing demand, sophisticated e-commerce platforms today are built on Linux and adjacent open source technologies," said Keith Bergelt, CEO of Open Invention Network. "We greatly appreciate JD.com's leadership in joining OIN and supporting patent non-aggression."


OIN is still IBM-led (to some degree) and as we noted in our previous post, IBM lobbies for software patents. To patent aggressors, patent law firms and patent trolls that's just extra business. Lawyers profit from both sides (plaintiff and defendant). To real companies that champion development/production these lawsuits are nothing but a money drain (lawyers' gain). To OIN? Well, the greater the fear and uncertainty over patent lawsuits, the more money it will harvest. It just cares about its own relevance, i.e. it benefits from threat.

"Where is Microsoft when it comes to OIN?"Earlier this year we published many articles about Microsoft siccing trolls on its competition while offering 'protection' (or indemnification) from these trolls [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]. A few days ago we also saw Finjan, a Microsoft-connected patent troll, suing some more companies while attempting to dodge PTAB, which we wrote a lot about earlier today (two articles about PTAB, published earlier today, explain the relation to software patents). Finjan even issued this press release about it to say (about its software patents):

Finjan Holdings, Inc. (NASDAQ: FNJN), a cybersecurity company, and its subsidiary Finjan, Inc. today provide an update on four separate, but related matters including a summary judgment, IPR proceedings, Germany trial and an oral argument against Blue Coat Systems, Inc. (Blue Coat).

[...]

Second, in post-grant proceedings before the United States Patent & Trademark Office's (USPTO) Patent Trial and Appeal Board (PTAB), the PTAB denied two additional Blue Coat petitions for Inter Partes Review (IPR), namely, IPR2017- 00996, which challenged the validity of U.S. Patent No. 9,141,786 (the "'786 Patent") and IPR2017-00997, which challenged the validity of Finjan's U.S. Patent No. 9,219,755 (the "'755 Patent"), and instituted trial on IPR2017-00995, which challenges the validity of U.S. Patent No. 9,189,621 (the "'621 Patent"). Notwithstanding institution, Finjan remains confident that the '621 Patent will survive IPR. To-date only 20% of IPRs have been instituted against Finjan's patents and, more impressively, after institution, 99% of Finjan's claims remain intact.


Incidentally, a former adviser of Finjan is unhappy to see them turning to what he called "patent blackmail". He wrote this a few days ago, right after reading our articles about it.

"Earlier this year we published many article's about Microsoft siccing trolls on its competition while offering 'protection' (or indemnification) from these trolls."Obviously, Microsoft wants to be seen as a friend of Linux, but all of Microsoft's competitors seem to be sued by Finjan these days. Almost everybody except Microsoft (which used to lend a hand to this troll). Classy.

Incidentally, the USPTO is nowadays distributing its data in Microsoft OOXML format (which Microsoft famously corrupted ISO for). As Patently-O put it some days ago:

Beginning this week, the USPTO has transitioned its Private Pair system to include text versions of its office action rejections as well as notices of allowances (actual XML and DOCX versions). It is a straightforward step to move these documents into a searchable database available for public consumption.

I’ll note here that the XML/DOCX files are quite nice and, although not well tagged, will make it easy for patent attorneys to cut & paste from the OA in their responses or client emails. The system also includes a new mechanism for submitting documents to the PTO.


The bottom line is, Microsoft has long leveraged software patents to undermine the competition. None of that has changed, it just takes a little more effort to track or trace back to the source.

"The bottom line is, Microsoft has long leveraged software patents to undermine the competition."We began this post by highlighting what Microsoft had just gone in India and Watchtroll too, only four days ago, did something similar, ascribing the term "IP integrity" to "software patents". To quote:

Open source software can provide significant benefits to an organization—it can decrease product development time, distribute development across a community, and attract developers to your organization—but some organizations shy away due to perceived risks and disadvantages around intellectual property (IP). Too many people fear that once they’ve incorporated open source into their products or open sourced their own code they’ve surrendered control over their most valuable assets, or even worse, left themselves vulnerable to litigation with no defensive weapons to counter the threat.

It doesn’t have to be that way. Utilizing open source doesn’t have to be an either-or decision. It’s possible to simultaneously support an open source program while maintaining an active IP program. A smart organization can avail themselves of the ease of use and constant updating of code that open source provides, they can identify aspects of their software to open source which are of interest to a broader development community or that encourage adoption of their platform, and they can protect those aspects of their software which are unique to their business or provide a competitive advantage through various IP protections.


"As long as Microsoft so stubbornly pursues software patents, as it has done for well over a decade, it cannot be friends with GNU/Linux."In reality, the Free software community/ies would rightly shun companies/people for bringing software patents. Just watch what is happening to Facebook and React these days (the latest development is, WordPress dumped React over it, as noted in our daily links).

Free software and software patents cannot co-exist. As long as Microsoft so stubbornly pursues software patents, as it has done for well over a decade, it cannot be friends with GNU/Linux.

Recent Techrights' Posts

Wayland Pushers Lose the Argument, Use LLM Slop and Chatbots to Make Up Arguments for IBM
Another new low and low blow
What is "MATA"?
Think of it as GAFAM or "Meta"
WebProNews is a Slopfarm
Please avoid linking to WebProNews
Another "Told You So!": XBox Mass Layoffs at Microsoft (Many Recent Reports Were Chaff and Spin), Many Other Divisions Affected
With mass layoffs at Microsoft the world would be much better
 
Links 25/06/2025: Elon Musk’s Lawyers Caught Lying, WhatsApp Faces More Bans
Links for the day
Brian Fagioli Created Another Slopfarm Targeting "Linux" After BetaNews Became a Slopfarm of Phantom Accounts and Pseudonyms
Mr. Fagioli even had slop about a dead Torvalds (hypothetical) as clickbait
Wayland is Perfect, Nobody Can Escape Its Perfection! (Or Not)
Do not form on opinion on Wayland based on politics
Moral Duty for "Linux Sites" to Speak Out Against LLM Slop
My wife has long complained about "Linux bloggers" keeping quiet and thus passive about a growing problem: slop
In Recent Hours Google News Promoted at Least 3 Slopfarms That Relayed Linux Foundation Propaganda Made by Bots or LLM "Bullshit Generators" (as Dr. Stallman Dubbed Them)
Google is circling down the drain and Google News too is hopeless
Linux Journal is a Slopfarm, It's Experimenting With LLM 'Authors'
Is Slashdot next?
Microsoft LinkedIn is Dying and Many More Layoffs Are on the Way
LinkedIn is just a failed acquisition of Microsoft. It causes losses and debt.
Gemini Links 25/06/2025: Combinatorial Music and Self Hosting
Links for the day
Richard Stallman Coming Back to Europe This Autumn to Give More Talks
His last talk in Europe attracted about 400-450 people
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 24, 2025
IRC logs for Tuesday, June 24, 2025
Social Control Media, Technology & Catholicism: Synod on Synodality review and feedback
Reprinted with permission from Daniel Pocock
How Many More Women Will Managers at Microsoft Strangle and Tell to Kill Themselves (or Try to Kill)?
The world needs to know what happened
The New BetaNews: 7 New 'Articles', All of Them LLM Slop
BetaNews is basically defunct. Nobody writes there anymore.
statCounter Estimates Only 1 in 300 Iranians Would Use Microsoft for Search
Iranians don't quite trust Microsoft
Gemini Links 24/06/2025: ftpd on FreeBSD and Online Small Web Magazine
Links for the day
Google News Does Great Harm by Promoting Slopfarms as Legitimate News Sites
Slopfarms are sites which are 100% LLM slop
Links 24/06/2025: Trouble at "Open" "AI" and ‘Siarhei is Free’
Links for the day
Gemini Links 24/06/2025: Stimulants and Subscription Costs for DRM
Links for the day
When the Microsoft Aggressors Rely on Several Law Firms ('Attack Dogs', 'Guns for Hire'), Not Just One, Lawyering Up Against Techrights (Acting on Behalf of Americans Against UK Publishers)
From serving customers at some restaurant he has moved on to bullying people with demand letters
Links 24/06/2025: OpenAI [sic] May Soon Die (Too Much Debt) and Social Control Media Accused of Being Misinformation/Disinformation/Propaganda Amplifier
Links for the day
Nirbheek Chauhan in Planet GNOME Explains Why Wayland Pushers Are Losing
"A strange game. The only winning move is not to play."
Polygamy, from Catholic Synod on Synodality to Social Control Media & Debian CyberPolygamy
Reprinted with permission from Daniel Pocock
Only a Third of or 1 in 3 Web-Connected Devices is a Desktop or Laptop, According to statCounter
we can expect Android to widen its lead
The Days Are Getting Shorter, the First Half of 2025 is Almost Over
We're gratified to see significant increase in traffic and also positive feedback on the work we do
Turning GNU/Linux Into a Political Football
X (not the site) is Free software
X Server Still Works for Many People
A lot of people will grow suspicious of Wayland boosters/pushers if they persist and insist on using these tactics
Exactly a Week Ago "BetaNews Staff" Said "Betanews Is Growing Alongside You". Since Then Every Article (All by "Camila Nogueira") Has Been LLM Slop.
BetaNews is basically a slopfarm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 23, 2025
IRC logs for Monday, June 23, 2025
The "Tarzan Effect" in Compilers and Software
What happens when you forcibly make things 'work', either by hacks or by disregarding warnings (like those that compilers tend to issue)?
Gemini Links 23/06/2025: Mass Tourism, Hair Love, and Google Gemini as a Googlebomb
Links for the day
Law Firm Burgess Mee Does Not Fully Deny Participating in Abusive Litigation for Serial Strangler From Microsoft
I am not unfamiliar with these tactics
The Modus Operandi of Wayland Pushers: Make It Political
do what I say or you're a nazi...
Links 23/06/2025: RFE/RL Contributor Vladyslav Yesypenko Released, Recording Industry Cutbacks
Links for the day
Brett Wilson LLP Solicitors (M): Over 99.9% of Our E-mail is Self-Marketing, We Send You 3.5MB E-mails for Less Than 1KB of Text
Why would tech people entrust legal matters to such people?
Peter Moon's (Computerworld) Interview With Richard Stallman
Stallman: If you want freedom don't follow Linus Torvalds
At What Point Does Outsourcing Constitute Malpractice?
Brett Wilson LLP's new staff page is misleading
United Arab Emirates (UAE) Sailing to GNU/Linux, According to statCounter
countries in that region will quickly learn the price of neglecting digital sovereignty
From Do Your Own Research to Do Your Own Search
The Web is full of garbage; search engines amplify this garbage
More People Moving to Geminispace?
at age 6+ Gemini Protocol seems to have gained some maturity and it seems like more people use it
Permutation in LLMs Does, Inevitably, Change Meanings and Therefore LLMs Cannot Properly Rephrase or Summarise Texts
LLMs lack actual grasp or comprehension of what they spew out
Links 23/06/2025: Many Security Breaches, Population Declines
Links for the day
Gemini Links 23/06/2025: "America at the Crossroads" and OpenWRT Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 22, 2025
IRC logs for Sunday, June 22, 2025
Pure Dove
Different means different, and sometimes those who "deviate" from "the norm" have a point
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
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