Bonum Certa Men Certa

Patent (In)Sanity - Recent Links

To those who have missed the recent events (myself included), here are some highlights.

Mark Webbink has joined the SFLC.

This is good news, that Mark Webbink has joined the board of the Software Freedom Law Center. Good news for the FOSS community. For him, I think the idea of a laid back, restful retirement is now just a dream.


Just hours ago he also published an article, Patent Sanity, in Linux Magazine. Subscription is needed for access to the full text, but you could forge HTTP headers and appear like a search engine, which then permits entry.

For years, many in the software industry have expressed concern over software and business method patents and the patent system.


Earlier this week, Mark Webbink's home base, better known to us as Red Hat, was among those hit by a software patent lawsuit.

Intellectual property licensing firms IP Innovation and Technology Licensing Corporation have filed a lawsuit against Red Hat and Novell for alleged patent infringements in their Linux distributions.


The Groklaw community was prepared for such developments. It jumped all over this one with a sea of comments. Result? This whole case seems to be virtually over before it even began. It's DoA based on at least one criterion. And there's another:

It's a 2005 case, so a lot has happened in the meantime. Oh, and if you are looking for prior art, the patent to look at first would be the oldest one of the ones IP Innovation has claimed in the Red Hat litigation. That is the one that I think needs to be knocked out either by prior art or by obviousness.


Then comes the Microsoft threat, which was implicit. It also had the Microsoft spinners (yet again) trying to do damage control after Steve Ballmer. It's a "good cop, bad cop" routine.

Those who were worried that the FUD would have a negative effect on adoption should worry no more. Linux isn't just unaffected, but it's actually gaining momentum, according to Dell.

The PC manufacturer says that Microsoft's patent-infringement claims have not affected sales of its Linux servers.


Some more analysis at eWeek says that this case is nothing out of the ordinary.

"Any impact would largely depend on who was the first mover. One likely impact of such a lawsuit, regardless of who sues, is that software companies may pay closer attention to patents," he said.


Red Hat points its finger in the same direction that it did back in May -- the "Deploy with Confidence" page.

The Linux Foundation dismisses Ballmer's threat as another "FUD attack."


More about this here.

Red Hat is taking a business-as-usual stance in the face of renewed rumblings from Microsoft's Steve Ballmer over the need for Red Hat Linux users to pay up.


As usual, Mark Shuttleworth comes out swinging.

For starters, Shuttleworth said, Ballmer is implying that open-source developers don't take IP seriously. Nothing could be further from the truth, he said.


SJVN does the Sopranos analogy.

Steve Ballmer, the Sopranos and the protection racket.

[...]

"Because they don't, Tony. Er, I mean, Steve. What you're doing is trying to set up an extortion racket."

"Oh, yeah? Who knows more about extortion, me or you?"

In this case, I think it's me.


There is still some extortion going on in Fortune 500 companies, according to Brad Smith, but companies don't want to admit this because of the wrath of developers.

There's also some activity in other patent harassment cases that occupied a lot of paper space recently, e.g.:

Vonage agrees settlement on Sprint lawsuit

Vonage Holdings, the internet phone company, agreed on Monday to pay $80m to settle a patent suit filed by Sprint Nextel, the third largest US mobile carrier.


Lawyers face sanctions in Qualcomm suit

Chipmaker Qualcomm Inc. dueled Friday in federal court with its hired attorneys over who shoulders the blame for what a judge called "gross misconduct on a massive scale" at a past trial.


Qualcomm Firms Meet a Stern Judge

It didn't take long Friday for a courtroom packed with grim-faced attorneys to sense where a magistrate judge stands on sanctioning attorneys involved in a huge discovery failure by Qualcomm Inc.

Southern District of California U.S. Magistrate Judge Barbara Major came out swinging.


The cases above have helped illustrate the need for a patent reform. This is why they remain relevant, just like previous key rulings that were usually in favour of change and against a weak patent system.

Recent Techrights' Posts

Two Risks to Companies: The Microsoft Culture and the Microsoft Tools
Novell was killed by a form of "social engineering" by Microsoft
It's Hard to Trust People Who Worked - Not Only Those Who Still Work - at Microsoft
Bryan Lunduke is just what people would call an "arsehole of a person"
Links 06/07/2025: Climate Change and "The Right to Criticise"
Links for the day
The Mainstream Media Took 4 Days to Realise Microsoft Shut Down Its Operations in Pakistan and Fired Everybody
We estimate that Microsoft has had about 29,000 layoffs since January
“Twibel” Actions Against Comedians (and Why It's a Truly Low Blow)
they try to make up in quantities for a lack of merit or quality
 
[Video] "Copyleft Isn't a Bug."
"Copyleft isn’t a bug. It’s a feature. GNU GPL forced the world to treat code like a public good."
Being in Social Control Media Means Exposing Oneself to Heckling
Richard Stallman does not (either himself or directly) post to any social control media
Links 06/07/2025: Airlines Perils, Scams, and Breaches
Links for the day
For the Second Time, Bryan Lunduke From Microsoft is Siccing Racist Trolls and Vandals at Me
You're only reinforcing the point we made yesterday
Links 06/07/2025: End to End Encryption at Risk, Reuters Twitter ("X") Account Withheld in India
Links for the day
Gemini Links 06/07/2025: Tinylog and Certification Rotation
Links for the day
PCLinuxOS Sites Coming Back, Gradually
let's just be patient
Social Control Media, Even If Based on Free Software, Still Has Many Problems
a distraction from what actually mattered and still matters
IBM is Not Your Master
IBM makes friends with people who exclude the majority of the population: women
Help Fund the Free Software Foundation (FSF)
If you have some dollars to spare, go support the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 05, 2025
IRC logs for Saturday, July 05, 2025
A Short History of Attacks on Techrights (and Boycott Novell Before That)
good opportunity to tell again the story of several (not all) attempts to silence us
Leadership in Free Software
Don't let IBM lead. It's a terrible flag bearer.
Linux Foundation Apparently Flirting With Slop (Marketing by LLM-Generated SPAM)
The Web is in a really bad state!
COVID-19 Sped Up Site Improvements in Techrights
A few months later we created our very own IRC network
Gemini Links 05/07/2025: Negative Questions and 'Touching Grass' (Going Outside)
Links for the day
Links 05/07/2025: Dalai Lama Succession as 90th Birthday Approaches, 40 deg C in China
Links for the day
Links 05/07/2025: Hungary and US Defecting to Russia, "Google's Hotseat Hypocrisy"
Links for the day
Gemini Links 05/07/2025: 4th of July 2025 and "Zig Roadmap 2026"
Links for the day
How to Combat the Exploitation and Abuse by Microsoft GitHub
Not to mention corruption and crimes against women
Bryan Lunduke is Actually Sending His Audience to Attack People
"[Lunduke] is actually sending his audience to attack people."
Even The Right Wing is Rejecting Bryan Lunduke
no wonder he became so irrelevant and marginal
Microsoft's MSN Helps Microsoft Spread Lies About the Layoffs' Scale (Well Over 25,000 People Laid Off This Year)
There seem to be monopolies on lies and on truth
The Death of X Has Been Greatly Exaggerated (by Compromised Media)
X.Org Server is alive and well
Rewriting Things in Rust
How far would you go?
In 2025 Everything is "AI". Remember Blockchains?
Talk about what companies and things (services, products, software) actually do, not the labels they use
Julian Assange Has Been Free for a Year
Julian Assange and I disagreed on some things
Monopolies and Scalping
Monopolies gravitate towards price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 04, 2025
IRC logs for Friday, July 04, 2025
Microsoft's August Layoffs Wave: "August is Confirmed for Additional Performance Based Cuts"
"August is confirmed for additional performance based cuts from the recent connects along with additional organizational cuts."
What Microsoft Reputation Laundering (With a Weaponised Law Degree) Looks Like in a Foreign Continent
You would expect this in uncivilised and primitive countries
Slopwatch: LLMs 'Write' Fake or Distorted 'News' About "Linux"
LLM slop disguised as news
Links 04/07/2025: Google Replaces the Web With Slop, "AI Might Kill Us All"
Links for the day
Gemini Links 04/07/2025: Mindfulness and F1
Links for the day
Weeks After Microsoft Bankruptcy in Russia the Company Shuts Down in Pakistan, Too
Last month Windows' share in Pakistan fell to an all-time low
Rob Musial's June 2025 Additions of Malware in Proprietary Software
Via the GNU Web site this week
Links 04/07/2025: Microsoft's H-1B Visa Applications Show Another Crisis Unfolding, Many More Deep Cuts and Shutdowns Revealed, Complete Microsoft Exits
Links for the day
Gemini Links 04/07/2025: A Day To Remember and "Stop Killing Games"
Links for the day
Crime and Corruption at Microsoft GitHub Cannot be Covered Up by SLAPPs in Another Continent
We'll write about this for a long time to come
Slop Videos Are Disappointing Garbage, Nothing New, Just Brute Force up on Display or a Pedestal of Slop
Slop videos aren't a new thing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 03, 2025
IRC logs for Thursday, July 03, 2025
The War on Local Storage (People Hosting Their Files Locally and Privately)
There's nothing wrong with controlling one's computing
What Digital Independence Means
Independence in the digital realms means abandoning platforms like GitHub, not just rejecting proprietary software
NVidia is a Bubble
they temporarily see fortunes and wrongly assume perpetuity thereof
Fedora Does Not Care About Diversity and Inclusion, It's About Optics (Corporate Image)
any notion of inclusion is superficial and misleading
Don't Buy the Excuses for Microsoft's Mass Layoffs
Back in the 90s, Microsoft bought a lot of companies to get and stay ahead