Bonum Certa Men Certa

Windows Users Undisclosed Balance Sheet Liability

And Mac, BSD, and Solaris Undisclosed Balance Sheet Liabilities for that matter...

John Carroll had called for an end to the bashing of Microvell, I just assumed he didn't mean us and went about my business. His argument was somehow that Microsoft cannot grant the patent covenant to any Free Software projects because it would not protect them from suits from distributors such as Novell and Red Hat.

Some have suggested that the right thing to do would be for Microsoft to create a blanket "promise not to sue" vis a vis open source technology, much as IBM has done with a slate of patents it owns. To be sure, the community that develops and maintains Linux is not a patent threat. They don't own patents, and to their credit, take a strong line against the hindrances that software patents can pose to the software development process.

The threat, however, is not from the Linux development community, but the companies that either distribute the products that the development community produces or else makes money from services related to the same. Those companies include Novell, RedHat, and, of course, IBM…owner of more software patents than any other company in existence.

In other words, Microsoft merely gains more risk by issuing a blanket patent moratorium for Linux. As a fierce competitor to many companies that stand to benefit from Linux' success, they can be expected to be a target.

Firstly, there is a term, subject to reciprocity I believe, which you will see in various verbiage in all of those Patent Covenants that the software companies have been granting. Basically, they always say that we will grant you free use of our patents, unless of course you bring a patent action against us, then we revoke that right and will sue you back. I'm sure Groklaw has a much better explanation somewhere, I will look for that and post an update.

Secondly, the Patent Covenant is to not sue each others end users, remember? The companies still have reserved the right to sue each other, so really Microsoft gains no protection from any of those competitive companies from such deals and no one gets protection from patent trolls.

Ed Burnette uses a play on Ballmer's own words to drive home a point about software patents and the likelyhood that there are numerous patent violations in Microsoft's own offerings (a fact that has been proven in court before).

I'm making this point not because I seriously think Windows users are at risk of getting sued, any more than I think Linux users are at risk of getting sued. I'm making it because I think we're painting ourselves into a corner here. Who can tell what infringes what any more? Also, I wonder if we should even care. Patents were originally created to protect the little guy who invents a gizmo, tries to sell it, but sees another company come along, copy the gizmo, and make all the money selling their version. But today's application of patents to software is completely warped and twisted from that noble idea of fairness and reward for hard work.

John says that "getting rid of [software] patents is not a solution". In my opinion, that is pretty sad. I believe we're wasting our time and talents on paper problems that we invented ourselves. It's like all the obscure tax rules we have to deal with every year - a whole industry of tax accountants and lawyers and preparation software and books and classes has grown up around addressing a problem that doesn't have to exist. Billions of hours of productivity could be regained by going to a simple tax code, possibly an automatic flat tax. Likewise, billions could be saved by dumping this self-induced group nightmare of a patent system.

As Bruce Perens wrote in his Open Letter to Novell Petition, "there can be no non-trivial computer program, either proprietary or Free, that does not use methods that are claimed in software patents currently in force and unlicensed for use in that program."

Software patents are inhibitive to innovation, and deals such as Microsoft-Novell only serve to cartelize the industry by creating a junta of software companies using their massive patent portfolios and cross licensing agreements as a barrier to entry for competitors. We need to move past the idea of Patent Detente, and get into Patent Disarmament.

If we can achieve Patent Disarmament, then perhaps one day as Burnett wrote, [we] "...will be free to let developers develop, collaborate, and innovate in peace like God and Richard Stallman intended. "

Comments

Recent Techrights' Posts

At Microsoft, "Buyouts" or "Global Voluntary Separation Agreement" (GVSA) Not Much Different From Layoffs (Severance Shockingly Low)
From what we are able to gather, many people are leaving Microsoft 'voluntarily'
Is Microsoft the Next Fake-Valued Corporation to Lose 35% in "Market Value"? Is Slop Bringing Microsoft Down?
Will NDAs prevent people talking or journalists finding out the true cause?
Silent Layoffs at IBM (and Red Hat) Continue in November 2026
IBM's CEO is "a Palliative Care Doctor Who Slides [IBM] Gently Into the Night"
Links 13/11/2026: "Apple Support Community Forums to Permanently Close" and "The Slop Market is Getting Nervous"
Links for the day
NVIDIA Turns Out to be Serial Cheater, Stock Plunges 33% in 5 Weeks
The "slop bros" have long relied on patience and blind faith
 
The Slop Bubble (or Pyramid Scheme) Relied on Trust and Patience (Being Patient as Losses Grow and Debt Explodes, Trusting the Roadmap of Cheaters and Frauds)
Remember that it all began with trust
Anthropic's IPO Depends on $895.4 Billion in Debt (Money It Doesn't Have, It Loses Over 100 Billion Dollars Per Reporting Period), NVIDIA Has Just Lost Almost 2 Trillion Dollars In Value and Its Debt Trebled in Three Months
This coming week will be very, very entertaining for slop critics/sceptics to watch
Lorenzo Stoakes (ARM) the Latest of Many to Quit Linux Development Over Linus Torvalds' Obsession With Slop (Linus Wants to Work With Bots, Not Humans Who Understand Whatever Code They Write)
Linus caught the 'brain virus'
Microsoft Asks 60,000 Workers to Leave, Some Leave, Services Go Down
Microsoft laid off about 40,000-50,000 people in past years
Gemini Links 13/11/2026: Roku Exits the Smart Home Market and Poor Reporting/Journalism Regarding Slop Plagiarism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 12, 2026
IRC logs for Thursday, November 12, 2026
Gemini Links 12/11/2026: A Firing of a Boss and Geminispace Growing Fast
Links for the day
Bill Epsteingate-Funded BBC "Totally Ignoring the $1.7 Trillion Wiped off NVIDIA Stocks"
Imagine how many pension funds are tied to this NVIDIA pyramid scheme
A Few Hours Before NVIDIA CEO Canned (and NVIDIA Shares Plunged) the NVIDIA-Funded The Register MS Published Paid Spam With "AI" 18 Times in It
Anything to inflate the bubble
Links 11/11/2026: NVIDIA Decapitated, "The Company That Published Fake Journalists in Sports Illustrated is Collapsing Dramatically"
Links for the day
Intercontinental Brigading - Part XXXXIX - We Didn't Start the Fire
It started in 2012
Photo Ops Are Liabilities
NVIDIA is not a "family business" and its CEO isn't some modest genius
NVIDIA’s Total Debt Trebled in Three Months!
Not the hallmark of a rich company unless its accounting is fraudulent
Adopting LLM Slop is Still Suicide
Suicide (in the literal sense) is also linked to adoption of chatbots
On Laundering Licences and Code
A "Second SCO" waiting to happen
The Cyber Show on Slop and the Ministry Of Truth in "Nineteen Eighty Four"
"cultural erasure" by slop
Intercontinental Brigading - Part XXXXVIII - Keeping Both Eyes on the Ball
One upside of these disputes is that they raise at least two very important issues concerning the law
Gemini Links 12/11/2026: Encryption is Easy, Human Emacs, and Legislation in Italy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 11, 2026
IRC logs for Wednesday, November 11, 2026
Links 11/11/2026: End of Novaya Gazeta (Assassinated by Putin) and North Koreans Too Poor to Buy Rice
Links for the day
Gemini Links 11/11/2026: The Tyrant’s Moat and Rants About Slop Causing Problems
Links for the day
Links 11/11/2026: Skydance Games and Boeing Hit By Layoffs, "Time Out for Timeouts"
Links for the day
IRC is for Communities, Social Control Networks Are for Broligarchs (by Broligarchs)
Unlike Reddit, it's not a company
JavaScript is the Problem, Not the Answer
Making the Web better is about making things better, not slapping more JavaScript 'walls' at it
Intercontinental Brigading - Part XXXXVII - "Making a False Complaint to Police is a Crime." (British Cops Aren't American Mercenaries)
"In the United Kingdom, the Foreign Enlistment Act 1819 and the Foreign Enlistment Act 1870 make it unlawful for British subjects to join the armed forces of any state warring with another state at peace with Britain."
The Label 'Anti-AI'
They make it sound like opposing plagiarism or cheating is an act of intolerance or hatred
Intolerance and Violence
Intolerance in the software world is not a new problem
António Campinos Hiding From Staff Amid Strikes, Won't Participate in Dialogue
They voted to continue striking until Christmas
Silent Layoffs at IBM (Rolling Layoffs), Now Curbs on H1B (Mostly Indian Applicants)
Little will change at IBM except the gravity (global distribution) of its workforce will go east
Links 11/11/2026: Moving from Proton to Posteo and "Floating in Space"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 10, 2026
IRC logs for Tuesday, November 10, 2026