Bonum Certa Men Certa

Linux Defenders: Obeying -- Not Challenging -- a Broken System

THOSE WHO FOLLOWED RECENT posts about this subject [1, 2, 3] already know that we are not huge fans of the "Linux Defenders" initiative; not because it's ineffective but because it's the wrong way to approach the problem. It is a way that pleases big companies (and funding sources) like IBM, i.e. it keeps the things IBM likes and tackles those which it does not like. IBM is, sadly enough, not opposed to software patents. It just wants to weed out the 'nuisance' that's a by-product.



To address the Big Issues, one needs to spend less time pushing papers and more effort fighting Microsoft's (and others') expansion of software patent laws -- or alternatively back doors -- into more countries. The suppressors want universal consent that Microsoft owns all sorts of algorithms and that Free software therefore becomes illegitimate or "not free".

It used to be the same with DMCA, which expanded and expanded and expanded globally. It's about taking people's rights away, however artificially it needs to be done. (Sheesh! Just don't mention the ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16])

The following article about "Linux Defenders" reminds readers of the source of this push, which is tied to IBM and even Novell.

The whole setup was apparently the brainchild of the Open Invention Network (the OIN registered the linuxdefenders.org domain, in fact), which appears to be patent-friendly twin of Linux defenders. The New York University's Center for Patent Innovation provided some of the intellectual foundations for the group, and maintains the sites devoted to patent peer review.

Overall, this seems like a lot of effort to dedicate to simply staying out of trouble but, as the SCO case demonstrated, even spurious patent claims can keep open source software (and the companies that rely on it) tied up in court for years. Unless and until the patent system is reformed, Linux Defenders appears to be a necessary protective measure.


Here is a questionable bit from Heise.

Such projects are extremely important to the long term future of open source, which by its nature is vulnerable to patent attacks. As open source grows and gains commercial acceptance, it becomes a more tempting target for patent trolls.


Well, by OIN's own admission, this approach does not stifle patent trolls. As such, to describe "Linux Defenders" as a response to patent-trolling is totally missing the point.

Digital Majority has been very active recently because it's keeping an eye on articles discussing the patentability of software, e.g.:

  1. Patents Act 1977: Patentability of computer programs


  2. What "as such" means, what it really, really, nearly means ...


EurActiv has been peddling a lot of Microsoft-serving agenda recently. It seems to be ushering a system that would potentially contaminate EU law with the sordid chaos that's the USPTO.

Several days ago we wrote about one example (ACT, a Microsoft shill, pushing for software patent loopholes in the EU), which Glyn Moody finally comments on as well.

The ACT seems to think that the patent system works so well in the US, that Europe absolutely must ditch its own quaintly fragmented approach, and adopt a nicely unified one closer to the Stateside model.

Pity, then, that books like Patent Failure provide hundreds of pages of incontrovertible evidence that the patent system there actually costs more money – in terms of litigation – than it generates for patent holders, with the possible exception of the pharmaceutical industry (and we all know what paragons they are, especially in their licensing terms to developing countries.)


EurActiv is now offering a full interview with a known Microsoft mouthpiece [1, 2, 3, 4, 5, 6, 7, 8]. Microsoft is not even mentioned in the form of disclosure in this article and Jonathan Zuck keeps pretending to be a representative of small businesses, which he is not.

Fragmentation of the EU's single market and particularly its patent system represent major obstacles to innovation, which is mainly driven by SMEs, Jonathan Zuck, president of an association representing more than 3,000 small and mid-sized IT firms from around the world, told EurActiv in an interview.


How many of these "3,000 small and mid-sized IT firms from around the world" actually fund Jonathan Zuck and ACT (or other shells)? On the face of it, none. This is not the first time that large businesses like Microsoft and their lobbies steal the voices of small ones.

These hired guns from ACT have even released a 'study' and it's worth remembering who funds them.

There is a new page in "Worst EU Lobby Awards 2008". ACT is not alone then.

There has been a broad discussion about his role in the debate about software patents in the European Parliament. Lehne has been one of the MEPs pushing for software patents, while Taylor Wessing has a large patent group and advises clients on patenting strategy in the software sector. Lehne has argued that he wasn’t involved with any companies engaged in the patents debate in his work as a lawyer. But still he is a partner in a law firm that boasts that its “patent group is one of the strongest, largest and best known in Europe”.


In conclusion, lobbying is to Microsoft what flying it to a bird. And it continues to this date. "Linux Defenders" is handling small potatoes whilst some big animals in the back yard are messing up with all the plantations. The "defenders" deal with grains, not crops.

In order to step up and resolve this litigious problem, people must never be led to believe that the cure lies in probing of patents one at a time while praying that laws will stay the same and hostile peers will be merciful. History is not forgiving.

Laws constantly want to be changed because companies and fortune holders always strive to elevate their level of power and control. As Richard Stallman once said, "geeks like to think that they can ignore politics, you can leave politics alone, but politics won't leave you alone." He also said that "fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria" and, to summarise more generally, "value your freedom or you will lose it, teaches history."

Lincoln_address 1958

Comments

Recent Techrights' Posts

Richard Stallman's Talk at Georgia Tech is Just 2 Days Away
We're still curious to see how malicious people (or trolls) in social control media will try to slant his talk as "bad"
 
Richard Stallman (RMS) at Georgia Tech Tomorrow
After the talk we'll write a lot about "cancel culture" and online mobs fostered and emboldened in social control media
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.
Links 21/01/2026: "Snap Settles Lawsuit on Social Media Addiction" and Attempts in the US to Revive Software Patents
Links for the day
Links 21/01/2026: Microsoft 'Open' 'Hey Hi' in More Trouble, US Has "Brown Shirts" Problem
Links for the day
Yesterday Afternoon The Register MS Published Paid Microsoft SPAM Disguised as an Article About "AI PCs"
The Register MS cannot help itself, can it? [...] Follow the money.
Microsoft's XBox is in Effect Dead Already, Now It's a Streaming and Advertising Platform
Expect many layoffs soon
EPO's Web Site Misused for Propaganda About Illegal Kangaroo Courts to Distract From EPO Scandals and Judicial Crisis in Europe
UPC is illegal and unconstitutional
The "Alicante Mafia" - Part VII - The Industrial Actions Began Yesterday, Here's Why
The "Alicante Mafia" might not last much longer
Gemini Links 21/01/2026: Edible Circuits and "Sayonara HTTP"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 20, 2026
IRC logs for Tuesday, January 20, 2026
IBM Hides Its Own Destruction (and Red Hat's)
It's like scenes out of '1984', which is what a now-famous advertisement from Apple compared IBM to
LLM Slop Not Dead Yet, Examples of Slop About "Linux"
We wish to see the totals down to zero
Links 20/01/2026: Cheeto Blackmails France Into 'Peace' While Looking to Annex EU, Mass Layoffs in Capgemini (Microsoft Reseller/Promoter) in France
Links for the day
Gemini Links 20/01/2026: Boxing and "Inbox Zero" Success
Links for the day
Windows and Slop Declining While Microsoft Silences Critics
Microsoft tries to suppress facts while faking 'demand' by imposing slop on everybody, everywhere
openai.com Traffic Said to Have Fallen 50% in the Past Three Months, Reports Say It Nearly Ran Out of Money to Borrow
After the slop frenzy all we'll have left is environmental destruction
IBM Kills OzLabs, Signalling An Attack on Free Software (a Sign for Red Hat)
ibiblio also appears to have died (or experiences critical issues)
Red Hat Vice President Leaving After Nearly Two Decades
IBM's culture of secrecy is not compatible with Free software
Links 20/01/2026: "ChatGPT Health" (Latest Distraction From Being Insolvent) Flops and Raises Concerns, "The U.S. Military Faces a Reckoning on Greenland"
Links for the day
Rudeness and Vulgarity Won't Stop Journalism About Free Software
we seem to be on the right path
Readers Pleased With Layout Changes
Two days ago we began improving clarity and accessibility in the site
IBM Plans for Layoffs Becoming Clearer With "Employee Reviews"
Of course this impacts Red Hat as well
IBM is Outsourcing Red Hat's Fedora to Slop to 'Save Money'
If IBM cared about quality rather than alleged "cost savings" (cutting corners), it would assign more IBM staff to Fedora, but instead the exact opposite happened, with the likes of Cotton and Miller removed from the project
European Patent Office (EPO) Industrial Actions Formally Start in Two Hours
As per the latest (revised) action plan, today workers will slow down their work and limit patent grants
Microsoft Under Fresh Investigation by the Italian Competition Authority
In 2025 we kept a running tally of 30,000+ Microsoft layoffs, so 40k this year would not be unthinkable
The "Alicante Mafia" - Part VI - More Strikes Planned at the EPO, Starting This Month
Yesterday we said that friends of Berenguer or inside Berenguer's circle may have left
Gemini Links 20/01/2026: New Tea, Using a Roku at a Hotel, and "Voltage-Based Power Management for Any Raspberry Pi"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 19, 2026
IRC logs for Monday, January 19, 2026