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

[Meme] Escalating After Failures
4 stages of cancel culture
Red Hat Had 2+ Days to Deny Reports of Impending Layoffs. But Red Hat Chose to Keep Silent.
Red Hat DOES NOT deny layoffs on the way
Attempts to Sink the Free Software Movement (Under the Guise of Saving It)
We can see who's being drowned
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
[Video] Microsoft's Attack on Education
Microsoft's cult-like activities and overt entryism
 
A farewell to Finland, an occupied territory
Finland, Finland, Finland
Links 22/05/2024: "Copilot+" as Mass Surveillance and Microsoft Defying Consent in Scarlett Johansson's Case
Links for the day
Microsoft-Connected Person Was Threatening to Sue Me and to Sue My Wife (Because His Feelings Were Hurt After Had He Spent More Than a Decade Defaming Me and Violating My Family's Dignity, Privacy)
litigation was chosen and we shall defend everything we wrote
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 21, 2024
IRC logs for Tuesday, May 21, 2024
Czech Republic: Windows Down From 98% to 43%, GNU/Linux Rises to Over 3%
modest gains for GNU/Linux
Links 22/05/2024: Pixar Layoffs and More Speculation About Microsoft Shutdowns/Layoffs (Ninja Theory)
Links for the day
Gemini Links 21/05/2024: Caesar II for MS-DOS and Reinventing the Assertion Wheel
Links for the day
Internal Memos/Communications Hinting at "a New, But Masked, Round of Layoffs" at Red Hat
A negative outlook heads of a long weekend
Nigeria: Windows Down to 6%, Android at All-Time High of 77%
Google is becoming the "new monopoly" in some places
[Meme] Money In, No Money Out (Granting Loads of Invalid European Patents)
EPO production?
Staff Representation at the EPO Has Just Explained to Heads of Delegations (National Delegates) Why the EPO's Financial Study is Another Hoax
Here we are again 5 years later
Canonical and Red Hat Are Not Competing With Microsoft Anymore
What a shame they hired so many people from Microsoft...
Links 21/05/2024: "Hating Apple Goes Mainstream", Lots of Coverage About Julian Assange Ruling
Links for the day
Gemini Links 21/05/2024: Losing Fats and Modern XMPP
Links for the day
Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day