Bonum Certa Men Certa

What's OIN Doing While Microsoft is Siccing Patent Trolls on Azure Competitors' Customers?

Attacks on GNU/Linux and Free/libre software, but OIN cannot do anything about it

Submarine (patents)



Summary: Microsoft's patent litigation strategy has become clearer, and patents-centric efforts such as OIN offer no defence against such a strategy, which attempts to pressure everyone to flock to Microsoft for 'protection' (from Microsoft itself)

SEVERAL readers have sent us this latest article about OIN, which we no longer believe does anything beneficial to Linux, except in name. The USPTO continues to grant software patents (more rarely than before) and OIN plays a role in a group designed to promote software patents, or support their resurgence. Where has OIN been when we needed it? Our readers emphasise that OIN is not effective against trolls and Benjamin Henrion (FFII) recently said that OIN itself had admitted it. So if OIN isn't trying to stop software patents and isn't effective against trolls, what good is it anyway? It's somewhat of a distraction from the real solutions. The latest puff piece for OIN says: "When you think of Linux and open-source companies, the automobile industry is not the first business to spring to mind. But maybe it should be. Daimler, Mercedes-Benz's parent company, has joined the Open Invention Network (OIN), the Linux and open-source non-aggression patent consortium."



So what?

"Where is OIN now that Microsoft is coercing Linux/Android OEMs into bundling malware, using threats of patent lawsuits?"The piece was possibly initiated by some phonecall and/or a press release from OIN's CEO (I should know as he phoned me too, in order to garner support). Where has OIN been when Microsoft attacked GNU/Linux? Where is OIN now that Microsoft is coercing Linux/Android OEMs into bundling malware, using threats of patent lawsuits? Microsoft already sued over it, e.g. Microsoft v Samsung.

We kindly remind readers that Microsoft is passing patents, usually in bulk, to trolls, which OIN can do nothing about (by its own admission). Buying patents before these make it into the hands of trolls would not work if the seller is Microsoft or a company intruded by Microsoft, such as Nokia when it sold patents to MOSAID. OIN is absolutely useless in circumstances such as these. Recall our recent article titled "As Long as Software Patents Are Granted and Microsoft Equips Trolls With Them, “Azure IP Advantage” is an Attack on Free/Libre Software" -- one among several such articles, posted along with the following articles:



One reader that alerted us about the OIN piece had already found out a curious report from Microsoft's booster Kurt Mackie. "I lost the link (ignored it because of Azure)," this reader explained, "but after thinking about it, if Microsoft is selling or renting patents to trolls (NPE) then their tactic works. In particular they are able to attract trolls with the bait on Azure, let them have a patent for a fee, and then point the troll at their competitors. Just speculation but I that's what I though after considering the Azure news."

Upon further exploration the article in question was found again. "I found where I saw it," our reader explained, quoting the following passage from it:

Lastly, Microsoft is promising that if it transfers Azure-associated patents to "nonpracticing entities," then the arrangement will be such that the holding company can't assert IP claims against Azure customers. This latter arrangement is called a "springing license" arrangement in legal lingo.


This is pretty significant as it shows that our interpretation of the strategy was all along correct. "If Microsoft is doing those "transfers"," our reader noted, then "it is effectively siccing trolls on its competitors' customers."

The strategy above is rightly compared to the Novell deal that we protested against for a very long time. To quote: "On the IP side, Microsoft early on provided "IP peace of mind" by issuing certificates for Novell's SuSE Linux Enterprise server use in a controversial program that promised customers using that software that they would not be subject to IP claims from Microsoft. That program emerged from Microsoft's early legal claims that Linux and other open source software had violated 235 of Microsoft's patents."

"This is pretty significant as it shows that our interpretation of the strategy was all along correct."So again, just like we had said all along, Microsoft basically reintroduced the same tactics. It just markets them differently now, using similar words but a different platform. 10 years ago Microsoft tried to get everyone to use SUSE, which it taxed, and now it is trying to make everyone move to Azure, with perceived or concrete risk of patent lawsuits as an encouraging factor.

And some people naïvely believe (based on a PR campaign) that Microsoft has changed...

Recent Techrights' Posts

SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role
SLAPP Censorship - Part 31 Out of 200: Speaking About 20+ Years of Alleged Harassment/Defamation and High-Profile 'Targets' of Garrett
attempts were made to settle (in effect end the case) by the person who started the case almost half a dozen times along the way
In Asia, Windows is in Its Teens (Below 20%)
On a global scale, Windows is down to about 26%
GNU/Linux Becoming More Universal
It seems likely the end of Vista 10 coinciding with a sharp rise in memory prices (and now energy prices) will benefit GNU/Linux and therefore give us more to write about
Low Morale at IBM and Perception of Destructive Management
IBM is going nowhere, fast
Gemini Links 02/04/2026: Super Mario Galaxy Movie and New Antenna Instance
Links for the day
It Seems Like Google News Cracked Down on (Omitted, Delisted) a Lot of Slopfarms
There's no justification/point in spending so much energy just to plagiarise things poorly
Can Economies Like the American One Hang On?
The coming weeks will be "interesting" unless wars end
Steam Survey for Last Month Says 5.33% Use GNU/Linux
big leap for GNU/Linux
Links 02/04/2026: Science News, Energy Scarcity, Oil Sold in Yuan
Links for the day
Links 02/04/2026: Apple Turns 50, Efforts To Ban VPNs
Links for the day
Gemini Links 02/04/2026: Kubernetes With FreeBSD, OFFLFIRSOCH, and Great Circle Distance
Links for the day
Dr. Andy Farnell on Microsoft Silencing or Deplatforming Opposition in the UK and Elsewhere
Microsoft as a king or a kind of "religion" one cannot question
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 01, 2026
IRC logs for Wednesday, April 01, 2026