Bonum Certa Men Certa

Linspire Has No Patents, So What Did Microsoft Pay Linspire For? (Updated and Corrected)

Having just taken a glance at Groklaw News Picks (which I help maintain), I could not ignore PJ's comment. It indicates that our initial assessment was correct. Just as we have seen before, a company (it's Linspire turn now) takes some money to eat the bait. This followed the route Corel and Novell had taken.

[PJ: Actually, I went to USPTO and did a simple search and I can't find any [Linspire] patents at all. So what kind of patent deal is this, and what precisely is Microsoft paying Linspire for? It can't be interoperability. You can do that with Linux anyway, without any need for an agreement. Yet, news reports are saying Linspire got some money. So if that is true, what was it for? And if it's a straight patent license, how is it not a violation of GPLv2, let alone v3?] -


The point of interest here is the endowment, the money. GPL aside, here you have a company that pays competitors to sell off their businesses and become victims of taxation. This is monopoly abuse and this aspect of it is covered in the following video. Many years ago, vicious monopolies found ways to make money regardless of which product is bought.

Mandriva, which is at the verge of bankruptcy, is now at the center of some questions and speculations. The Linux Foundation's involvement might actually be needed here. Mandriva, unlike Linspire and Xandors, has some decent userbase and it contributes code. It doesn't just repackage somebody else's work.

Let us return to Groklaw for a moment. Also in Groklaw last night, the new (and hopefully improved) patent processing system got some coverage and a careful first look. This has been muchly anticipated, but one wonders what happens to existing (old) patents. It's easy to shelf patents, but harder to get them cleaned up, eliminated on grounds of validity (e.g. prior art, "trivial"), or organised (e.g. duplication management). Is the USPTO just broken beyond repair? Have a look.

What the USPTO is also looking for is whether or not the application is sufficiently new and nonobvious to a person of ordinary skill in the art to qualify for a patent under current law. Trust me when I tell you that the USPTO has no clue when it comes to FOSS prior art. If you could have blocked Amazon's One-Click patent application so it never issued, would you have?


There are clearly some challenges ahead, but as long as the patent system is perceived as a farce (at least by some), the effect of IP FUD will be minimal. The last thing we need is a USPTO with credibility (and a sharp tooth, which it hasn't).

Update: Have a look at the following item which explains why Mandriva will not sign any patent deals with Microsoft.

Mandriva and Microsoft

So in conclusion from my ramblings, Mandriva would have nothing to gain while everything to loose by signing such an agreement.

By reading the speculations about this so far, it all seems like 99% FUD to me while the only valid reasoning behind the speculations being the fact that a few other vendors has already done so..


I have been saying all along that Mandriva, unlike Linspire and Xandros, has an open source spirit, so it won't be victimised. I apologise for an incorrect assertion (mistake pointed out by a reader), which I have just corrected.

Comments

Recent Techrights' Posts

New Article Explains How the GPL Came About and WordPress Having Copyleft Obligations
Having been involved in the WordPress development community since almost the beginning, I know why it chose the GPL and how it restricts abuse by Automattic
Dr Richard Stallman (RMS) Gives Talk in Oxford University in 4 Hours
If you live nearby, go there (it's free as in gratis)
Using a Law Firm's Licence to Exercise Politics Through Frivolous SLAPPs and Nastygrams (to Silence People, Remove Pages, Demand Fake or Forced 'Apologies')
Things must be getting really bad when lawyers act for raving antisemites
 
Slopping the Trough: Disney Plus Loses Billions and the Decline of Physical Media in America
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 24, 2025
IRC logs for Thursday, April 24, 2025
Links 24/04/2025: GAFAM Problems and No Peace (or Ceasefire) in Sight
Links for the day
Slopfarms on the Web Almost Always Generate Anti-Linux FUD When They Produce "Linux" Output
Welcome to the dying Web
Richard Stallman's Oxford Talk Has Just Ended, Here Are Some Photos
he might hop over to another European country
Gemini Links 24/04/2025: Birthday and Good Work of Academia in Esotericism
Links for the day
Links 24/04/2025: EU fines Apple and Facebook, Another Microsoft GitHub Security Blunder
Links for the day
IBM Gained Almost 6 Billion Dollars in "Goodwill" Value in Just 3 Months, According to IBM
Congrats to the management!
In Belarus, Yandex is Now Measured as 50 Times More 'Popular' (by Usage) Than Microsoft
Yandex continues to gain, whereas Bing cannot even register at 1%. Last month it was registered or measured at a measly 0.65%.
IBM Cannot Lie to Shareholders Anymore
"I would not be surprised if we see a layoff every quarter this year."
We're Working to Make Full-Site Search Available
This site has over 1,000 'wiki' pages, many thousands of documents, several thousands of videos, and about 50,000 blog posts or articles. We need to make them easier to find/navigate.
Links 24/04/2025: IBM Loses Many Contracts, Intel to Lay Off Over 20% (Not Counting Those Who Leave 'Voluntarily')
Links for the day
Richard Stallman Can Explain to Oxford Artificial Intelligence Society Why LLM Slop is Not Artificial Intelligence and Why It Hurts Society
another 'crop' of LLM slop that damages GNU/Linux and facts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 23, 2025
IRC logs for Wednesday, April 23, 2025
Open Source Initiative (OSI) Promoting Microsoft and Proprietary Software Using Microsoft Operatives
Because nothing says "Open Source" like GPL violations facilitated by Microsoft
Another Site Bites the Dust: "Open Source For You" Becoming a Slopfarm (LLM Slop)
What a shame. Another dead site.
Links 23/04/2025: Crackdowns on Dissent, Palin Loses Libel Retrial Against New York Times
Links for the day
Links 23/04/2025: Hard Times and Digital Amnesia
Links for the day
The GNU/Linux Site Formerly Known as "linoxide.com" is Back... as an LLM Slopfarm!
Better for linoxide.com to go offline than to do this
Get Rid of Back Doors, Don't Obsess Over Bounties and Other Corporate PR Stunts (or Needless Reboot Rituals)
Security as a term has mostly lost its meaning due to repeated misuse for many years
Richard Stallman to Speak in Oxford University Exactly a Day From Now
outsourced to GAFAM
Links 23/04/2025: "Hiding Corruption" and "The Cost of Defunding Harvard"
Links for the day
Microsoft 'Studies' Again? Leon Musolff is Writing Papers With Microsoft.
Even if one can see/find a link to "the study" (in the Bezos-controlled publication), most people won't look any further and just take everything at face value.
Towards GNU World Domination
The FSF led by Geoffrey S. Knauth with his friend Richard Stallman in the FSF's Board [...] Let's encourage people to adopt GNU/Linux. There has never been a better time.
statCounter Helps Visualise Just How Deep in Trouble Microsoft is (Especially in Africa)
Microsoft sabotaged efforts to connect Africans and equip them with GNU/Linux laptops
The Register is Using Linux-Hostile Clickbait in Articles of Linux Proponents
Don't be a "whore" to advertisers, team El Reg
Microsoft Windows in Cyprus Lacking a Future
Most people access the Web there from mobile
Matrix Has a Severe Problem With Illegal Images
If Matrix cannot get the CP problem under control, many projects and people will dump Matrix
Never Try to Justify Strangulation of Women (Not in the US and Not in the UK)
Joint post by Mrs. Rianne Schestowitz and Dr. Roy Schestowitz
Links 23/04/2025: Tesla Profits Plunge 71%, Intel Ready to Lay Off 20% of Staff, Microsoft and IBM Layoffs
Links for the day
Microsoft's Most Profound Issue is That People Moved to 'Mobile' and "App Stores" (Microsoft's Presence There is Negligible)
Expect a wild ride for Microsoft this year
Google News is Amplifying FUD and Lies About Linux (and OpenSSH/SSH) by Promoting Slopfarms With Machine-Generated FUD and Slop Images
Google should know better
Gemini Links 23/04/2025: Librarians, Anubis, and Refactoring a Gemini Capsule
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 22, 2025
IRC logs for Tuesday, April 22, 2025