Bonum Certa Men Certa

Microsoft Offers More Filesystem Patent Traps (While Suing Over Them Again), Red Hat's Rob Tiller Speaks

Memory stick



Summary: Microsoft keeps using filesystems to extort money out of Linux users and Red Hat explains its latest amicus brief in Bilski

WE ARE STILL preparing a post about Microsoft's patent lawsuit against Motorola, which ought to serve as a wakeup call to Mono and Moonlight boosters. The short story is that Microsoft is suing Linux again and filesystems seem to be at the core of it.



Coincidentally (or not), it was only days ago that Tuxera made it into the news again, offering a Microsoft-taxed (owing to software patents) filesystem module for Android and Linux. Here is the press release and some press coverage. Tuxera -- or Tax-era as we sometimes call it -- is helping Microsoft put a patent tax on Android and Linux, the #1 competition. We'll shortly write about Microsoft's latest patent attack on Linux, which shows that Microsoft is losing.

Do not let Microsoft spin the words of the EFF to make itself look good or make it seem as though EFF is sympathetic towards Microsoft (to which it's only a case of resolving i4i-like trouble).

What we need now is elimination of mathematical barriers that are imposed by USPTO/ITC/US courts. Red Hat has filed a submission against software patents in the USPTO [1, 2] and Rob Tiller has just said more about it:

When the Supreme Court decided the Bilski case, it didn't speak directly to the issue of software patents. But the Bilski majority emphasized that abstract ideas are not patentable, and recognized that allowing patents for abstract ideas could hinder innovation. Thus there's still room for discussion of the legal standard for when, if ever, there should be patents on software.

The Patent and Trademark Office is on the front line of the issue, since it has the duty of deciding whether to grant patent applications. Whatever interpretation of Bilski it adopts, its decision will affect the patent landscape. It was good, then, to see that this summer the PTO invited public comments on its proposed interpretation of the Bilski case.

This is an issue that Red Hat has been involved in, having previously submitted an amicus brief in Bilski. Earlier this week, Red Hat responded to the PTO's request and submitted an understanding of Bilski that would mitigate some of the harm caused by poor quality software patents.


The "quality" should not matter. All software patents are of low quality because they are an aspiration to lower the quality of software in the market, not improve it. Phrases like "poor quality software patents" are what we're accustomed to hearing from OIN, which is not trying to simply end all software patents. Maybe Tiller just abstains from a strongly-worded article/amicus brief and maybe it's just his background as a lawyer that makes him act this way (software patents are a basis of his career). Either way, the only solution is the total ending of software patents.

“What we [Novell and Microsoft] agreed, which is true, is we'll continue to try to grow Windows share at the expense of Linux. That's kind of our job. But to the degree that people are going to deploy Linux, we want Suse Linux to have the highest percent share of that, because only a customer who has Suse Linux actually has paid properly for the use of intellectual property from Microsoft. And we took a quota, you could say, to help them sell so much Suse Linux. That's part of the deal. We are willing to do the same deal with Red Hat and other Linux distributors, it's not an exclusive thing. But after a few years of working on this problem, Novell actually saw the business opportunity, because there's so many customers who say, 'Hey look, we don't want problems. We don't want any intellectual property problem or anything else. There's just a variety of workloads where we, today, feel like we want to run Linux. Please help us Microsoft and please work with the distributors to solve this problem, don't come try to license this individually.' So customer push drove us to where we got.”

--Steve Ballmer



Recent Techrights' Posts

Fake IBM Retirements (IBM Gives Older Workers Ultimatums, Deadlines, and Carrots on Sticks)
As they point out, IBM is desperate to lower costs
IBM CEO Says IBM is Just Reliant on Buzzwords That Are Overhyped
IBM has nothing to show anymore and telling fairytales to shareholders is a temporary 'fix'
The "Alicante Mafia" - Part XI - No Comment From Steve Rowan, Niloofar Simon, and Christoph Ernst About Cocaine Inside EPO
What kind of patent office is this?
 
The Great "AI" CON Explained by Dr. Andy Farnell
LLMs are basically advertisers of sorts
Links 26/01/2026: "Journalists Detained", in Germany "Unjustly Jailed Man Gets €1.3 Million Compensation"
Links for the day
Red Hat Quietly Going Extinct After Bluewashing in 2026
At this point it would be rather foolish to assume that IBM will let Red Hat just "do its own thing" or maintain its corporate culture, identity, projects etc.
The "Alicante Mafia" - Part XII - Kris De Neef and Roberta Romano-Götsch, Who Stepped in for the Cokehead, Have No Comment on His Cocaine Usage (and the EPO's Cover-up)
Sh-t floats to the top.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 25, 2026
IRC logs for Sunday, January 25, 2026
Gemini Links 26/01/2026: Cold Perception, Software Patches in NixOS, and Sunk Cost Fallacy
Links for the day
Linuxiac is Basically a Fake News Site, But It's Being Fed by Google News
Because Google News is run by Google, a slop pusher
Links 25/01/2026: Slop "Tribalism", Nike Apparently Cracked
Links for the day
Claims That PIPs Are Abused for Silent Mass Layoffs at IBM (Without Severance) or Forced Retirements
Performance Improvement Plans (PIPs) "clearly bogus as everyone on my team who has been on one has been fired"
WebM Version of Richard Stallman's Latest Talk (Georgia Tech Talk)
The file size is smaller
After Half a Decade Vista 11 is Still a Giant Failure
Don't expect Microsoft to gain a foothold
Details on IBM Layoffs in the EU Last Week, Same Allegedly Coming to the US Shortly
"Around 50 people affected in Belgium."
Technology Trends Driven by DRM Giants, Planned Obsolescence, Not the Needs of the Buyers
The "pushers" think of customers as "users"; and they encourage passivity, Stockholm Syndrome
Links 25/01/2026: Microsoft BitLocker Backdoored for Decades Already, Microsoft-Backed ICE Still Murders Civilians
Links for the day
Gemini Links 25/01/2026: "Expert in a Dying Field" and Global Commands
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 24, 2026
IRC logs for Saturday, January 24, 2026
After the Slop Bubble
At the end, looking back, we'll all generally understand that the net effort of slop was environmental destruction
Projection of Fanatic From Microsoft
Microsoft Lunduke is pandering to the 4Chan 'crowd'
Digg.com (Digg) is a Censorship Platform, Just Another Social Control Media/Network, Controlled by the Few
We are not going to bother with any social control media
Spam, Slop, and Fake 'Articles' Regarding "Linux"
Serial Sloppers like these are harming real reporting about Linux and GNU
Rape investigation dropped: Will Fowles & ALP transgender deception
Reprinted with permission from Daniel Pocock
Diversity, Grooming & Debian transgender Zero
Reprinted with permission from Daniel Pocock
Pauline / Maria / Alice Climent(-Pommeret) & Debian transgender offensive cybersecurity deception
Reprinted with permission from Daniel Pocock
Did judge with transgender sister & Debian conflict of interest help cover-up a death?
Reprinted with permission from Daniel Pocock
Giving a Voice to the Community (Even When It's Inconvenient or 'Scary')
Once upon a time we were threatened with deplatforming for merely reposting articles by Daniel Pocock; we no longer have this problem
Links 24/01/2026: CBS News Demolished From the Inside and Many Publishers Admit Layoffs
Links for the day
Gemini Links 24/01/2026: Dreams and Raspberry Pi Zero 2W
Links for the day
Richard Stallman's First Talk in US College Since 2018: Videos and Photos
There are some backstories
Judge Richard Oulevey (Grandcour Choeur, Tribunal Vaud) & Debian shaming abuse victims and witnesses
Reprinted with permission from Daniel Pocock
Judgment: French army vanquishes German FSFE on Hitler's birthday, Microsoft contract dispute (1716711)
Reprinted with permission from Daniel Pocock
EDPB/CNIL privacy expert Amandine Jambert (cryptie, FSFE) implicitly admitted lying about harassment when she resigned admitting conflict of interest
Reprinted with permission from Daniel Pocock
Links 24/01/2026: TikTok Controlled by Alt Reich in US Now, White House Shares Fake, Manipulated, Misleading Images Already
Links for the day
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
Dirty Laundry at Debian and Elsewhere
We cannot just brush aside real issues involving real people and their families
Illegal, Unconstitutional Kangaroo Court for Patents Drops the Masks, Shows Its Real Purpose is to Serve Multinational Monopolists and Crush European SMEs
Europe (or the EU) is rapidly becoming a corporate project, not a unified governance initiative
The "Alicante Mafia" - Part X - EPO Strikes to Begin Next Week
Things gradually escalate this month
Gemini Links 24/01/2026: Snow, Boxing, and Lisp is Fun
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 23, 2026
IRC logs for Friday, January 23, 2026