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

Security and blobs, by Alex Oliva (GNU Linux-Libre)
Reprinted with permission from Alex Oliva
Techrights Thanks Every Single EPO Worker Who Went on Strike Today
We have so much in common
EPO Staff Union: The Strike Actions and Other Industrial Actions "Have Already Delivered Measurable Gains."
SUEPO Munich has just issued a statement to staff
Based on Insider Leaks, Asha Sharma's Job is to Kill XBox While Talking About "AI"
They cite SneakerSO
Linux Kernel 7.0 Release Candidate Comes Out, Stallman Turns 73 in Three Weeks
It predates Microsoft and Apple
In Greenland, Firefox's Gecko and KHTML (KDE, But Bastardised by Apple) Bigger Than Chrome
Are those Danes recognising the risk of monoculture?
IBM Layoffs Definitely Still Happening
Contrary to what some apologists try to say
 
Probably IBM's Worst Day in Wall Street in Well Over a Decade
They try to blame some Anthropic slop, but that's just a distraction from IBM having nothing to offer
The Monday After the 9PM-on-Friday Prepared Puff Pieces-Under-Embargo Microsoft Strategy for XBox Collapse
There are more layoffs ahead at Microsoft's XBox
Kyndryl Also in a Freefall Today, James Kavanaugh's Accounting Skills Seem to be Based on Pumping and Dumping
What is the real value of Kyndryl when its debt is about twice its alleged "worth"?
Not Much Left to "Pump" in This Slop Bubble
let's hope that by the end of the year the whole bubble fully implodes
IBM Common Stock Crashes Hard (Almost $100 Below the Levels of February's Beginning)
Another Kyndryl?
Links 23/02/2026: Withdrawal From Slop and Ukraine Invasion Enters Fifth Year
Links for the day
Gemini Links 23/02/2026: Moving to Gentoo, Wake-on-LAN Script
Links for the day
Kyndryl Fell by About 50% in One Day, IBM Fell 23% in 20 Days
the IBM Titanic
Trusting the Evil Maids
Don't listen to liars and frauds
Aaron Swartz Has Already Explained What Reddit/Conde Nast Meant to Him and Why We Should All Avoid Reddit If We Value Software Freedom
Aaron Swartz did not start Reddit
Valnet's Good Legacy of GNU/Linux Advocacy in Journalism Form
Let's hope they carry on like this
Coders and Thinkers
I used to be a hyper-productive coder; these days I do more thinking and writing
Slop (So-called 'genAI') is Not a Skill, Slop Gets You Suspended or Even Sacked, It Can Eventually End Your Career
Benj Edwards, a so-called 'Senior' so-called 'AI' so-called 'Reporter'
Quitting Reddit (Social Control Media Controlled by Conde Nast)
There is a new post in Reddit
There is No Such Thing as "AI Skills", "AI Competency", "AI Fluency" Etc.
Slop does not give anybody an advantage
Links 23/02/2026: "What Boston Will Cost Me" and Women as Hostages
Links for the day
IRC Usage Levels Seem to be Rebounding This Year
it looks like the total count (tally) of users increased a lot lately
Microsoft Tricked the Media Into Lying About Microsoft Layoffs in January. Now It Does the Same (in February).
Microsoft has got the media by the wallet (or balls)
Free Software Projects Become Slow Due to Slop
It does not improve efficiency or productivity, it reduces both
EPO Strike Has Begun (or Resumed)
The EPO status quo is untenable
Links 23/02/2026: US Surrenders to Climate Change (to Benefit Oil Companies and Slop), UK Court of Appeal to Hear Mazur
Links for the day
GAFAM Jobs No Longer Lucrative
Those days are long gone
Germans Recognise the Contagion is Digital, Not Racial
How to dismantle or neutralise those weapons? Turn them off
Free Software (or Software Freedom) Ain't No Religion
It's hardly surprising that some of the loudest opponents of Software Freedom and its luminaries also disregard or bend facts
Dr. Andy Farnell Explains Why the Slop Industry is Like Trespassers and Thieves
interesting new article about robots.txt files
The Demise of the Solicitors Regulation Authority (SRA) and Profession Based Around Bullying With SLAPPs and Empty Threats
For press to survive and thrive in the UK we need the hired gun to be submerged
Gemini Links 23/02/2026: Imperfect Journal, Evil, and "Progress Goes Boing!"
Links for the day
“Power is a Thing of Perception. They Don't Need to be Able to Kill You. They Just Need You to Think They are Able to Kill You” ― Julian Assange
When leadership becomes corrupt enough to lose a sense of authority its days are numbered; it'll be replaced
IBM Has Already Admitted 2026 Mass Layoffs (in 4Q Earnings Call)
We showed this earlier this month, but some people bring that up again
Reasons to Go on Strike in the European Patent Office (EPO)
If you live in Europe and don't work for the EPO, you can still help
First speech of Chanellor Hitler, Andreas Tille & Debian denounce Branden Robinson
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 22, 2026
IRC logs for Sunday, February 22, 2026
More and More Projects Quit Microsoft GitHub This Year, XBox Will See the Same
Microsoft GitHub's embrace of slop as "strategic" gives us a clue of what'll happen to XBox very soon
Google "Intelligence": Despite Slam-Dunk or "Smoking Gun" Proof, Drug Abuse in EPO Leadership is "Unverified Allegations"
Google's slop (so-called 'AI') lacks intelligence
8,000 Pages/Articles Per Year
We're eager to maintain a good production/publication pace and illuminate the sinister attempts to interfere with Freedom of the Press in the UK
Don't Use the Future Tense to Discuss the Slop Bubble
Wall Street does not react to reality; it reacts to panic, which is related to expectations
Gemini Links 22/02/2026: Okonomiyaki and Midcrunch Crisis
Links for the day
The Broken Window Industry and Its Ongoing Desires to Make Technology Less Dependable
Reliable computing is becoming harder to find
Freedom Means Accepting He or She Who is Different
In the Debian community we're sadly seeing some authoritarian overreach this month
New XBox CEO Typecast in Social Control Media
Microsoft apologists will fall back on (or shuffle between) the "racist" and "sexist" angle
Sites Without JavaScript Deserve Your Visits
We're not arguing that the Web should be as simple or barebones like Gemini Protocol/GemText
EPO Strikes Are Already Working
Campinos is already going "into hiding"
Microsoft Windows Falls to Another New All-Time Low in Guatemala, It is a Bottomless Pit
Maybe users come to realise that Windows means back doors and those doors are open to a regime that ought not be trusted
"XBox" Will Become Slop After Mass Layoffs
When all else fails, "AI it"
Links 22/02/2026: Hardware Price Hikes Across the Board, "Microsoft Issues Statement on Potential Layoffs"
Links for the day
Microsoft "Layoffs Incoming"
This transition isn't about promoting games; it's about canning the console
Links 22/02/2026: "Bloat of Modern Fitness Apps" and Wikipedia Deprecates Archive.today
Links for the day
Our IRC 5-Year Anniversary (for Self-Hosted) is Fast Approaching
A week from now it's March already
Gemini Links 22/02/2026: Dream Job Gone and Slop in Taskwarrior
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 21, 2026
IRC logs for Saturday, February 21, 2026
GNU/Linux Grew a Lot in Nicaragua
We've not noticed until today
Techrights Has Over 1,000 Good Articles 'in the Tank'
Drafts, notes, and lengthy documents
New Article Challenges Solicitors Regulation Authority (SRA) for Choosing the Wrong SLAPP Cases to Investigate
The one point we can agree on is that SRA does not know how to correctly select the worst culprits/offenders
The Brand 'Watsonx' is a Terrible Name for IBM 'Hey Hi' (Chatbots) Because Watson Agreed With Adolf Hitler
Almost a century has passed and IBM still believes that selling "intelligence", chatbots in particular, should be done under the name "Watson"
Why IBM is Still Scary and Dangerous
Keep a distance from "Big Blue" Bully
Measuring the Growth of Our Mission and Community
Something between experiment and prototype
Richard Stallman in the United States - Part III - Georgia Tech Did a Fine Job Upholding Free Speech Principles
The real problem was social control media (toxic)
Debian's Master is Deleting Criticism of SystemD and Other Things (On-Topic and Published by Debian Developers), Resorts to the Excuse Messages Are "Too Long"
Censorship serves nobody except the masters that control this censorship
Digg's Latest Incarnation Already Failed, It's Infested With LLM Slop
Many submissions go to slopfarms and some get summarised by slop
Gemini Links 21/02/2026: Veganism and DeskPi RackMate T0
Links for the day
On The Web, XBox Already a Dying Breed
Down to about 0.05% on large machines, based on statCounter [...] Microsoft will never publicly admit or say how many billions it lost on the XBox
2026 a Year of 'Top-Down' Microsoft Layoffs (Management First)
Stay tuned for what comes next
Your "Likes" Aren't Yours and They're Mostly "Worthless Clicks"
Social hermits are not popular, irrespective of how many "Facebook friends" or "likes" they get
Waggener Edstrom/Frank Shaw Lied, There Are Definitely Microsoft Layoffs
Microsoft never issued a formal statement, it made allusions by proxy
Microsoft-Controlled Media With Embargo and Press Operatives
This won't be the last example of media manipulation for narrative control or face-saving "damage control"
Slop Hype Makes Our Core Technology Less Reliable and Far Less Resilient (We Pay for the Catastrophe That Follows)
Only slop-free projects can be trusted
Going for 1,000 (Days of Uptime)
universal records are vastly better
Firefox is No-Go in China, Not Even 1% "Market Share" Anymore
Given Mozilla's utterly rubbish marketing these days (politics over technical aspects), set aside the cheerleading for slop, there's hardly a chance of Mozilla Firefox reaching or exceeding 10% again
EPO "Cocaine Communication Manager" - Part III - It's in His Eyes
Workers are free to draw their own conclusions
Links 21/02/2026: Tensions Over Iran and Illegal Cheeto Tariffs, Presidential Approval Sags
Links for the day
Links 21/02/2026: "Moving Away From Cloudflare", Many Layoffs or Shutdowns in Games (Including XBox/Microsoft)
Links for the day
GNU Linux-libre is a Grown-Up Today
"before that, every distro that wanted to respect its users' freedom had to remove itself all of the binary blobs that were distributed as part of the kernel Linux's so-called sources"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 20, 2026
IRC logs for Friday, February 20, 2026
Gemini Links 21/02/2026: "The Evil of Action" and Slop Bots Causing Great Harm Online (Not Just the Web)
Links for the day