05.21.09

Gemini version available ♊︎

Latest Report About Microsoft’s Newly-Found Affair with Software Patents (as Anti-FOSS Mechanism)

Posted in America, GNU/Linux, Kernel, Law, Microsoft, Patents at 3:51 am by Dr. Roy Schestowitz

“If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today.”

Bill Gates (when Microsoft was smaller)

Summary: A roundup of news and observations about Microsoft’s exploitation of software patents

AS THE previous post showed, Microsoft and its offshoots may be paying politicians for software patents. One of the benefits (to Microsoft) which comes out of this is that it bans competition. Microsoft’s #1 competition is GNU/Linux and Free software and the company already sues this competition using software patents which is lobbies for. Microsoft views software patents as something that the GPL is naturally vulnerable to.

LWN.net has just made public its latest debate about the TomTom/FAT case, which represents Microsoft’s first legal shot at Linux. From the article:

When Microsoft filed its lawsuit against TomTom, it named two patents which cover the VFAT filesystem. That, naturally, led to a renewed push to either (1) get those patents invalidated, or (2) move away from VFAT altogether. But some participants have advocated a third approach: find a way to work around the patents which retains most of the VFAT filesystem functionality while, with luck, avoiding any potential infringement of the claims of the patent. But, as a recently-posted patch and the ensuing discussion show, workarounds are not a straightforward solution even after the lawyers have been satisfied.

There is a rather terrible and demeaning article in Ars Technica right now. It is about Microsoft's patent propaganda book and the reviewer plays right into Microsoft’s hands, maybe intentionally.

Far from being the evil monopolist, Microsoft has in many ways become the cooperative giant—and it’s all thanks to intellectual property. The company’s IP czar takes us inside the corporate transformation in a new book, Burning the Ships, to show us how it happened (and to take a few potshots at Richard Stallman).

Glyn Moody responds to the shallow take contained in this book review, which seems only to defend Microsoft’s offensive behaviour. Software patents did not make Microsoft nicer; they only made it more ruthless and anti-competitive.

To call this “collaboration” is a perversion of language: it’s about *enslavement*, pure and simple. It’s just that Microsoft has become subtler.

Moody also shows what Microsoft has done to the idea of patenting and Microsoft’s tactics of intimidation may be working because, according to this new article, some companies seek indemnification.

But for many large enterprises, potential intellectual property (IP) lawsuits and lack of support staff still keep open source tools out of data centers.

Indemnification is also mentioned in Bluenog’s new press release — being a company that more or less uses the term “open source” for marketing purposes.

“Bluenog is disrupting today’s enterprise technology space with Bluenog ICE, an integrated suite of CMS, Portal and BI software that offers the benefits of open source, such as access to source code, backed by indemnification and the comprehensive support typical of commercial solutions,” said Suresh Kuppusamy, chief executive officer, Bluenog. “It is no small feat to be selected among the best and brightest companies competing to be winners of the Red Herrin

Some of Microsoft’s patents are rather outrageous. Take this newly-approved patent for example. It’s hilarious, it’s an embarrassment to the USPTO.

“On Tuesday, Microsoft was granted US Patent No. 7,536,726 (it was filed in 2005) for intentionally crippling the functionality of an operating system by ‘making selected portions and functionality of the operating system unavailable to the user or by limiting the user’s ability to add software applications or device drivers to the computer’ until an ‘agreed upon sum of money’ is paid to ‘unlock or otherwise make available the restricted functionality.’ According to Microsoft, this solves a ‘problem inherent in open architecture systems,’ i.e., ‘they are generally licensed with complete use rights and/or functionality that may be beyond the need or desire of the system purchaser.’ An additional problem with open architecture systems, Microsoft explains, is that ‘virtually anyone can write an application that can be executed on the system.’ Nice to see the USPTO rewarding Microsoft’s eight problem-solving inventors, including Linux killer (and antelope killer) Joachim Kempin, who’s been credited with getting Microsoft hauled into federal court on antitrust charges.”

Regarding this news, one reader writes to us: “Microsoft Openness, I don’t think so. It just goes to demonstrate how – they aren’t ever going to stop – until they own it all.

“This ‘patent’ a perversion of everything the technology is supposed to be about. Guess who the gate keeper of of this functionality is going to be. Not content with messing with the ever changing system calls, they now want to control the whole industry at the OS level.”

Now that XBox is struggling against Nintendo Microsoft also resorts to ‘copying’ and then patenting this:

In a newly disclosed patent application, naming Allard and others as inventors, Microsoft seeks intellectual property protection for a concept described, literally, as a “MAGIC WAND.” Although it was only made public a few days ago, the application was originally filed in November 2007 — about a year after Nintendo launched the Wii, with its distinctive, wand-style controller. (Update: Timing of Nintendo’s Wii launch has been corrected since original post.)

More coverage in:

Gene Quinn, a lawyer and proponent of software patents (the more patents, the more money for lawyers) says that In Re Bilski is not bad for software patents. The patent reform (deform), which is by all means a farce, seems to have negative impact in other places where equivalents crop up. Here is one from New Zealand:

Patents Bill

[...]

I will begin by looking briefly at software. The bill proposes that software should be patentable; the opposite direction to that being pursued by the European Union. This is a very bad idea. The foremost theorist in this area is Richard Stallman. Stallman eloquently argues that the use of software patents stifles creativity, massively reduces efficiency, and can lead to whole areas of software usefulness remaining unexplored. Software patents are a substantial cause of software incompatibility, for example. He draws an analogy with the composition of a symphony. Suppose someone had patented particular chord progressions, sequences of notes, or combinations of instruments playing at the same time. What sort of problem would Beethoven have had? We regard him as a brilliant and innovative composer, but he wrote symphonies using a musical vocabulary comprised of very many musical ideas developed by multiple composers. Stallman argues that even a genius software programmer must draw on a standard vocabulary of programming ideas. If software patents are permitted, then the programmer cannot draw on such ideas without infringing patents. The consequences are that whole areas of software development are avoided lest software developers breach patents, and in other areas inefficient or otherwise unsatisfactory programmes remain in use because it is not technically feasible to develop better options because of this restriction. In this area patents are clearly a brake and a hindrance on innovation.

In the United States, patents (monopolies) are seen as the notion with which to save the economy. [via Digital Majority]

IP Enforcement As US Foreign Policy

The United States Chamber of Commerce, the largest US business group, on Monday issued a release applauding a new bill introduced into the US House of Representatives by House Foreign Affairs Committee Chairman Howard Berman (Democrat, California) that would “enhance State Department resources and training for intellectual property enforcement efforts in countries not meeting their international obligations,” the Chamber said.

In essence, this is competitive strangulation using pieces of paper. As we showed earlier, Microsoft being the example, even crippling of an operating systems is now a US patent. Here is another funny new patent which is consumer-hostile:

MLB Gets A Patent On Making It More Difficult To Watch Your Favorite Baseball Team Online

[...]

Limiting access by subscription levels has been around forever. Combining the two hardly seems new and innovative. This seems like it should fail based on general obviousness, as well as the new tests under the KSR ruling (on obviousness) and the Bilski ruling (on pure software patents). About the only “good” that comes of this is that perhaps it means other sports leagues won’t use such an anti-fan policy.

Where is this patent system going? And other than selfishness and infinite greed, what is it that motivates Microsoft to support it?

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 27/03/2023: GnuCash 5.0 and Ubuntu 20.04 LTS on Phones

    Links for the day



  2. Links 27/03/2023: Twitter Source Code Published (But Not Intentionally)

    Links for the day



  3. IRC Proceedings: Sunday, March 26, 2023

    IRC logs for Sunday, March 26, 2023



  4. Links 26/03/2023: OpenMandriva ROME 23.03, Texinfo 7.0.3, and KBibTeX 0.10.0

    Links for the day



  5. The World Wide Web is a Cesspit of Misinformation. Let's Do Something About It.

    It would be nice to make the Web a safer space for information and accuracy (actual facts) rather than a “Safe Space” for oversensitive companies and powerful people who cannot tolerate criticism; The Web needs to become more like today's Gemini, free of corporate influence and all other forms of covert nuisance



  6. Ryan Farmer: I’m Back After WordPress.com Deleted My Blog Over the Weekend

    Reprinted with permission from Ryan



  7. Civil Liberties Threatened Online and Offline

    A “society of sheeple” (a term used by Richard Stallman last week in his speech) is being “herded” online and offline; the video covers examples both online and offline, the latter being absence of ATMs or lack of properly-functioning ATMs (a growing problem lately, at least where I live)



  8. Techrights Develops Free Software to Separate the Wheat From the Chaff

    In order to separate the wheat from the chaff we’ve been working on simple, modular tools that process news and help curate the Web, basically removing the noise to squeeze out the signal



  9. Links 26/03/2023: MidnightBSD 3.0 and FreeBSD 13.2 RC4

    Links for the day



  10. IRC Proceedings: Saturday, March 25, 2023

    IRC logs for Saturday, March 25, 2023



  11. Links 26/03/2023: More TikTok Bans

    Links for the day



  12. Links 25/03/2023: Gordon Moore (of Moore's Law) is Dead

    Links for the day



  13. Links 25/03/2023: Decade of Docker, Azure Broken Again

    Links for the day



  14. [Meme] Money Deducted in Payslips, But Nothing in Pensions

    Sirius ‘Open Source’ has stolen money from staff (in secret)



  15. IRC Proceedings: Friday, March 24, 2023

    IRC Proceedings: Friday, March 24, 2023



  16. The Corporate Media is Not Reporting Large-Scale Microsoft Layoffs (Too Busy With Chaffbot Puff Pieces), Leaks Required to Prove That More Layoffs Are Happening

    Just as we noted days ago, there are yet more Microsoft layoffs, but the mainstream media gets bribed to go “gaga” over vapourware and chaffbots (making chaff like “Bill Gates Says” pieces) instead of reporting actual news about Microsoft



  17. Sirius 'Open Source' Pensiongate: Time to Issue a Warrant of Arrest and Extradite the Fake 'Founder' of Sirius

    Sirius ‘Open Source’ is collapsing, but that does not mean that it can dodge accountability for crimes (e.g. money that it silently stole from its staff since at least 12 years ago)



  18. Links 24/03/2023: Microsoft's Fall on the Web and Many New Videos

    Links for the day



  19. IRC Proceedings: Thursday, March 23, 2023

    IRC logs for Thursday, March 23, 2023



  20. Links 24/03/2023: Social Control Media Bans Advancing

    Links for the day



  21. Links 24/03/2023: GNU Grep 3.10 and Microsoft Accenture in a Freefall

    Links for the day



  22. Links 23/03/2023: RSS Guard 4.3.3 and OpenBSD Webzine

    Links for the day



  23. Experiencing 15 Years of LibrePlanet Celebration Firsthand as a Volunteer: 2023 - Charting the Course

    Article by Marcia K Wilbur



  24. [Meme] Grabinski the Opportunity

    Reports of European Patents being invalidated (judges do not tolerate fake patents) have become so common that a kangaroo court becomes a matter of urgency for the EPO‘s Benoît Battistelli and António Campinos; will the EU and the EPO’s Administrative Council go along with it, helping to cover up more than a decade of profound corruption?



  25. Union Syndicale Fédérale Cautions the EPO's Administrative Council About Initiating an Illegal Kangaroo Court System for Patents (UPC) While EPO Breaks Laws and Sponsors the Ukraine Invasion

    Union Syndicale Fédérale (USF) is once again speaking out in support of the staff union of Europe's second-largest institution, which lacks oversight and governance because of profound corruption and regulatory capture



  26. Investigation Underway: Sirius 'Open Source' Embezzled/Stole Money, Robbed Its Own Staff

    In light of new developments and some progress in an investigation of Sirius ‘Open Source’ (for fraud!) we take stock of where things stand



  27. [Meme] Sirius 'Open Source' Pensions: Schemes or Scams? Giving a Bad Name to Open Source...

    What Sirius ‘Open Source’ did to its staff is rightly treated as a criminal matter; we know who the perpetrators are



  28. Sirius 'Open Source' Under Investigation for Pension Fraud, Several Pension Providers Examine the Facts

    2 pension providers are looking into Sirius ‘Open Source’, a company that defrauded its own staff; stay tuned as there’s lots more to come. Is this good representation for “Open Source”? From a company that had many high-profile clients in the public sector?



  29. Links 23/03/2023: Sparky 2023.03 Special Editions and SUSE Changes CEO (Dirk-Peter van Leeuwen)

    Links for the day



  30. Links 23/03/2023: Linux 6.2.8 and XWayland 23.1.0

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts