Bonum Certa Men Certa

We Need to Talk About IBM's and OIN's Stance on Software Patents at Times When Microsoft-Armed Patent Trolls Attack GNU/Linux

OIN (IBM roots) has already admitted that it has no solution to trolls (it's run by them) and it refuses to oppose software patents

OIN loves Microsoft



Summary: The people who claim to be tackling the patent woes of GNU/Linux are actually in bed with Microsoft and don't oppose software patents; they try to wed the Free software community and such patents -- even if that means a shotgun wedding

THERE IS a serious problem in the Free software world which few of us talk about (or want to talk about). It's not convenient. Our so-called 'flag bearers' and sometimes sponsors work against our interests. They do this in a number of dimensions, but this post will focus on patents. We'll try to keep this non-legal (as in no legalese) and non-technical -- to the point or the degree possible. We won't, for instance, explain 35 U.S.C. €§ 101 caselaw in the USPTO or the illegal granting of European software patents by the European Patent Office (EPO). It really doesn't matter so much in this context. All that matters is that software patents are inherently bad, developers don't want these (no matter if Free software developers or non-free software developers), and courts increasingly reject these patents.



"All that matters is that software patents are inherently bad, developers don't want these (no matter if Free software developers or non-free software developers), and courts increasingly reject these patents."So here we are in 2019, with IBM as the likely biggest "contributor" (in the coding sense) to GNU/Linux because of the Red Hat acquisition. One could choose other criteria such as number of instances/installations serviced/hosted. But that's not the point. The point is, whether we like it or not, we're sort of 'stuck' with IBM as a major 'flag bearer'; yes, it dominates development of many components in a GNU/Linux system, including the kernel and systemd. Many are happy about IBM's (or Red Hat's) kernel contributions, more so than the latter. IBM does a lot of important -- and sometimes good -- things. It also does bad things. Pretty common when dealing with very large companies...

We now come to the 'beef' of this post if not this borderline rant. Earlier this week Benjamin Henrion (FFII President) complained about the "EPO sponsoring yet another software patent conference on Internet Of Things (IOT) http://www.iam-events.com/events/iot-ip-2019/agenda-6e588d27158140d98ee1f35b75c3e976.aspx …"

"IBM does a lot of important -- and sometimes good -- things. It also does bad things."For those who don't know, at the EPO "IOT" (or "IoT") is nowadays one of several buzzwords that they use to disguise software patents. Henrion might be wrong here because the EPO is not listed among sponsors but OIN is. Yes, OIN. This wouldn't be the first time OIN shows up in pro-software patents events of the EPO and IAM, which is a patent front of the EPO et al. IAM is funded in part by patent trolls. Sometimes it's supported and funded by the EPO and its PR agencies. When they're pushing for software patents it isn't motivated by logic, just money, greed and self-interest. "Closing keynote address" in this event is Grant Philpott, a Microsoft-friendly proponent of software patents (we wrote about him many times in the past). This whole event is a farce and OIN's role in these IAM events is to give the illusion that "Open Source" too is participating. That's just a reminder that OIN is an enemy of Software Freedom and friend of software patents (like IBM is).

These EPO events or OIN-attended events aren't a new problem; they're part of a pattern we've been covering here for at least a year. They tend to push software patents without mentioning that term or that phrase. Here's another new example from an EPO tweet that said: "EPOPIC 2019 starts in less than a week. We look forward to welcoming you for three days of thought-provoking exchanges with patent information specialists from all over the world."

Notice who's speaking there. Andrei Iancu with "Intellectual property and the next Industrial Revolution" (another weasel term for software patents, akin to "4IR") and Alexander Klenner-Bajaja from the EPO with "Artificial intelligence and patent classification" (the usual "AI" hype).

"These EPO events or OIN-attended events aren't a new problem; they're part of a pattern we've been covering here for at least a year. They tend to push software patents without mentioning that term or that phrase."The EPO's social media team then retweeted this tweet that said: "The @Derwent experts are on hand next week at #EPOPIC Attend our workshop on the new enhanced Derwent Innovation and hear how the latest patent research tool is going to transform the way you search for data."

This thing is being advertised by EPO staff. Why? Shouldn't the EPO be impartial? But let's leave the EPO aside for a moment; it's no secret that it's lobbying for illegal software patents.

Going back to OIN and Henrion (FFII), there's a discussion about the high-profile lawsuit against GNU/Linux; we wrote 3 articles about it [1, 2, 3] and over at Tux Machines we carefully filed every article and blog post on this subject (we always try to exhaustively archive topics for reference, both present and future reference).

"Will you use Alice as defence?"

So asked Henrion, who continued: "Using prior art is not helpful to get rid of software patents, Alice is. You should clarify in your fundraising message if you gonna use it or not. If that's the case, http://FFII.org and its thousands of supporters database can be called."

"The GNOME Foundation still refuses to even acknowledge rather obvious Microsoft connections (their biggest troll armed this smaller troll)..."He continued separately: "Will the Gnome Foundation use Alice to kick software patents out in the US? as RMS said "fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitos will eliminate malaria" https://www.gnome.org/news/2019/10/gnome-files-defense-against-patent-troll/ … read https://lwn.net/Articles/802819/ …"

He made a similar point about a week ago.

The GNOME Foundation still refuses to even acknowledge rather obvious Microsoft connections (their biggest troll armed this smaller troll) and if they rely on IBM front groups such as OIN (proponents of software patents to whom patent trolls aren't really a problem but a cost of IBM doing 'business'... i.e. blackmailing companies with a trove of lousy old patents) you end up having a rather lousy defense strategy, potentially a costly one too.

"I have asked the Gnome foundation to clarify if they gonna use Alice as defense," Henrion noted, citing this message of his:



Hi,



I wanted to ask the Gnome foundation a crucial question before calling on FFII supporters to donate.

Will you use Alice as defence (patentable subject matter)?

Using prior art is not helpful to get rid of software patents,patentable subject matter is way more important.

You should clarify in your fundraising message if you gonna use it or not.

If that's the case, FFII.org and its thousands of supporters database will be called to donate.

You should also call on donators to contact their senators to oppose the STRONGER patent act which aims to restore software patents in the US:

https://www.fsf.org/blogs/community/strengthen-free-software-by-telling-congress-to-reject-the-stronger-patents-act





We keep seeing blog posts from GNOME people and Debian people (sometimes also tweets). Oddly enough, Red Hat employees and Fedora developers have hardly said a thing! Maybe with the exception of Richard Hughes (LVFS/fwupd developer).

These must be rather awkward times to be at Red Hat; on the one hand they're developing and supporting GNOME and on the other hand, while at the same time working for IBM (remember that IBM lobbies for those software patents -- the type of patents that IBM lobbies hardest for) they're confronting these ruinous lawsuits. Can they speak out against patent trolls while IBM, their employer, keeps shaking down companies like a troll? Maybe they prefer not to say anything.

"These must be rather awkward times to be at Red Hat; on the one hand they're developing and supporting GNOME and on the other hand, while at the same time working for IBM (remember that IBM lobbies for those software patents -- the type of patents that IBM lobbies hardest for) they're confronting these ruinous lawsuits."Stefano Zacchiroli ("Free Software activist" by his own description, with past connections to OSI where he was a technical member) wrote: "Please donate to the #GNOME Patent Troll Defense Fund here: https://secure.givelively.org/donate/gnome-foundation-inc/gnome-patent-troll-defense-fund … Software patents are a disgrace and we should defend FOSS from them. Learn more in the blog post below. https://twitter.com/gnome/status/1186412835083042817 …"

Zacchiroli is a very good person whose geek credentials and track record speak for themselves. But where are the Red Hat (IBM) employees? Why are they so quiet on matters pertaining to patents? The sad reality is that GNOME's key sponsors/stewards, Red Hat included (now IBM), are big proponents of software patents (and IBM is naturally and perhaps factually the biggest). We need to talk about this...

"Red Hat was quick to comment on (celebrate with diplomatic restraint) the ousting of Richard Stallman, but as far as we can tell no comment has been made -- at least not yet -- about a troll armed by a Microsoft proxy suing GNU/Linux."Henrion, commenting on the FOSDEM conference near him, has noticed that the sponsors' page has just been updated.

"Remember that the 3 sponsors of FOSDEM routinely file software patents," he wrote. "And sue using these patents," I continued his thoughts, "especially IBM (so Red Hat basically)."

Red Hat was quick to comment on (celebrate with diplomatic restraint) the ousting of Richard Stallman, but as far as we can tell no comment has been made -- at least not yet -- about a troll armed by a Microsoft proxy suing GNU/Linux. Odd that...

Recent Techrights' Posts

Our Three Lawsuits Against Microsofters Are About to Become a Lot More Relevant to GNU/Linux
The Master will easily understand why Garrett has been attacking me since 2012
Slop Is Not Intelligence and It Does Not Enhance Productivity
Like voice dictation, which cannot tell the difference between "sheet" and "shit"
 
Links 23/07/2025: Droplets GUI Patent Monopoly Challenge, Nokia Leverages Illegal Patent Court Against Rivals
Links for the day
Gemini Links 23/07/2025: Community in Geminispace and Challenges With Old Computers
Links for the day
Links 23/07/2025: Slop Patents Tackled, Slop Copyright Misuses Tackled by Politicians
Links for the day
Links 23/07/2025: Retreating From Transparency on Jeffrey Epstein, We No Longer Have Press Freedom
Links for the day
Gemini Links 23/07/2025: Piano and Food
Links for the day
New and Old
On Ageism in Tech
EPO Crimes Are Spreading to the British Court System
Society is now paying the price for failing to tackle crimes at the EPO
It's Time to Dump SharePoint and Here's What to Use Instead
Nextcloud, ownCloud, Bookstack, MediaWiki, and MediaGoblin
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 22, 2025
IRC logs for Tuesday, July 22, 2025
Brett Wilson LLP Has Gone Silent
Sometimes silence says more than nothing at all
Slopwatch: LinuxSecurity, Planet Ubuntu, and LinuxTechLab
some slopfarms show no remorse and they don't value their reputation at all
Links 23/07/2025: Book Bans, Storms, and Kangaroo Court for Patents Commits More Unlawful Acts of Overreach
Links for the day
Gemini Links 22/07/2025: Thinkpad and Pinephone
Links for the day
Links 22/07/2025: "Blog Restart" and Microsoft Clobbered by “ToolShell"
Links for the day
Global Warming and Global GAFAM Energy-Wasting
Burn more money (borrowed, loans), then hope the waste will somehow translate into profit?
No Compliance With the European Patent Convention (EPC) at the European Patent Office (EPO)
It's about preventing competition against this autocracy
Blue-Collar Trolls vs White-Collar Trolls
Examples of white-collar trolls
Apple Vision Pro Failed So Badly That Its Sales Are About 2,000 Times Smaller Than iPhone Sales
What's left for Apple to offer other than hype?
To Millions of People "Year of the Linux Desktop" Was Some Time in the 1990s (Bootable GNU/Linux as a Complete Operating System is Over 33 in Age)
In some sense, "year of the Linux desktop" was 33 years ago
Make No Assumptions (or Demands) About the Screen Resolution Used by Other People
There are usability aspects, aside from accessibility aspects
Why Wayland (and XWayland) Won't Solve the Key Problem It Proclaims to be Tackling (the Same Is True for Rust)
The problem isn't Wayland per se but the false promises and efforts to force everybody to move to it whilst insulting or demonising everyone who won't play along
They Don't Tell Us that 'Digitalisation' (Now Sold as "Hey Hi") Just Means Customers Become Unpaid Staff and Are Made Accountable
People are being conditioned to associate technology with something undesirable, at times even unbearable
Diplomatic Immunity Should Not Exist for Anybody
The EPO in its current form gradually 'normalises' the end of European democracy
Brett Wilson LLP Stopped Sending Me Papers When I Showed It had Sent Me Over 5 Kilograms of Legal Papers
A week ago we lodged our third lawsuit
Microsoft Mass Layoffs and Shutdowns Became the New Normal at Microsoft
Microsoft mass layoffs became a topic of everyday media coverage since May
Amazon Web Services (AWS) Has Layoffs and Microsoft Gaming/Entertainment Division Has an Uncertain Future
it's good to see all those horrible things crashing and burning
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 21, 2025
IRC logs for Monday, July 21, 2025
FSF "Raised Almost $139,000 During This Summer Campaign"
"Thank you for making a stand against dystopia!"
Gemini Links 22/07/2025: VPS Exploited and Fear of View
Links for the day
LLM Bots vs Techrights
Slows things down a bit
New Publication Sheds Lights on Abuse of Workers at the European Patent Office (EPO)
Put in simple terms, they're killing the Office, harming remaining staff, try to hire rubber-stampers
Links 21/07/2025: Hardware, Health, and Imperialism
Links for the day
Gemini Links 21/07/2025: "When Buying Isn't Owning" and "CMS Special Edition"
Links for the day
Links 21/07/2025: Indie Web and Toxic Politics
Links for the day
[Meme] Microsoft Lawyers Throwing Stones in Glass Houses
threatened me with bankruptcy
Google "AI Overview" is Not AI and Not Overview
do not be misled; what Google does isn't smart, it's just ripping off the sites it already crawled for as long as 27 years
Making the Case to Dump Microsoft and GAFAM for National and Digital Sovereignty
"Sovereignty is difficult"
The Tactics of the Opposition (Microsoft Lunduke): Associate With K00ks, Throw in Vaccines to Muddy the Water
Who stands to gain from this?
Europe's Second-Largest Institution (EPO) and Largest Patent Monopoly Office Needs More Transparency, Not Less Transparency
In the EPO, what good are elections when one candidate literally bribes all the voters?
How Not to Report News About Microsoft
This pattern of misreporting is so widespread that it's hard to believe it's not intentional
Computer Science is Under Attack, They Want Everyone to be a Consumer
If people can no longer acquire Computer Science education and real Computer Science experience, they will not know how to control their own digital destiny or emancipate the very same universities that now control the syllabus and instead of teaching Computer Science encourage the outsourcing of systems
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
Fragmentation of Data
Life is too short to "hoard" data
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed