Bonum Certa Men Certa

News Roundup: When Software Patents Backfire

Trend Micro Eats Crow



We have been writing quite a lot about Trend Micro in the recent past [1, 2] due to their exemplary attack on Free open source software. Whether it was deliberate or not to make this a legal challenge against a community of users and developers is a separate matter.



To demonstrate how pointless software patents really are, behold what Barracuda Networks, the scapegoat which is being sued in this case, does as means of retaliation and defense:

Barracuda Networks Countersues Trend Micro



There's some news on the Trend Micro v.Barracuda Networks case. That is the one where Trend Micro sued Barracuda over ClamAV and brought a complaint to the International Trade Commission. Barracuda has just filed a countersuit in California, alleging patent infringement by Trend Micro. They say it's a defensive use of three patents they bought from IBM. Barracuda asks for money damages and an injunction on further sales of infringing Trend Micro products.


As proof of the self-defeating purpose of software patents, consider this 'loaning' of algorithms.

Drako is reluctant to discuss details, but the patents were purchased from IBM some time in the last six months -- in other words, after Trend Micro filed against Barracuda. "I approached IBM asking for help in defense of the open source community, and they directed me to the individual who sells their patents," Drako says.


It's a zero-sum war, so while engage in this war in the first place? Everyone implements abstracts ideas all the time. The only sin is seeking to own them when there is no device or exact implementation (copyrights) involved. It's greed. It's appalling.

More details about this latest development come from Don Marti.

Microsoft Employee Denounces Software Patents?



Even an outspoken Microsoft employee is against software patents on the face of it (depending on one's interpretation).

Yes, Jobs and Apple were the first to produce a mass market graphical user operating system, and Gates sure seemed to borrow concepts from that effort. That, somehow, is viewed as bad, even as Jobs “borrowing” of XEROX concepts for his graphical user interface is viewed as good. As someone who is no fan of software patents (approbrium for which seems selectively applied among those who wished a sinkhole had spontaneously opened beneath Redmond sometime in the past 20 years), my personal opinion is that Jobs was as right to borrow from XEROX as Gates was to borrow from Jobs. Ideas are like a pyramid, and pharoah Jobs may have supplied a few stones during its construction, but he built on stacks placed by others before him.


Sun and Patents



The other day we wrote about MySQL's founders opposing software patents. But what about Sun, which now owns MySQL? Watch this one carefully.

Three years ago come August, O’Reilly’s Nat Torkington, interviewing Sun’s Jonathan Schwartz, pressed the CEO on the issues of patents generally and DTrace patents specifically.

Torkington’s question? “So if the Linux kernel were to implement DTrace, Sun wouldn’t employ the patents against them?”

Schwartz’ answer? “Knock yourself out.”

That was 2005. Fast forward to 2008. As one of the DTrace engineers has noted, Paul Fox is taking Schwartz up on that challenge.

[...]

One answer, at least, we have. While many would probably argue that a DTrace port to Linux would be disastrous for Solaris and OpenSolaris - that DTrace was one the reasons the CDDL license was originally selected for the latter project, in face - the engineers that built it appear to be standing ready to help, should anyone be inclined to ask.


As Groklaw recently suggested, trusting Sun is still a bit of a stretch. Sun is neither a friend nor a fan of Linux, against which it competes. Free software as a whole is another story.

Europe's Back Door Seen as Less Effective



We've expressed some concerns (and cited others) about the use of political manipulation and loopholes to change European patent law. Microsoft's pressure groups are involved and they want to legalise software patents one nation/continent at a time (they've already got Australia and Japan). At least one of the back doors (there are several) seems to be blocked at the moment.

As France takes the helm of the European Union this week, the officials charged with shaping the country’s contribution to EU-wide innovation policy are busy lowering expectations.

[...]

It’s not the absence of the treaty itself that is so disruptive to long-term initiatives such as Union-wide research projects and reaching agreement on a Community Patent. Most if not all issues that France hoped to push forward during its six months in charge don’t strictly need the new treaty in order to materialise.

The problem is that the house of cards that is EU-wide political unity has been blown down. Forget reaching agreement on a Community Patent, which would require unanimity from all member states, warn many Brussels pundits.


Peer-to-Patent Update



On the other side of this pond, there are those who experiment with the idea of open-sourcing -- or 'crowdsourcing' -- the whole process (mentioned before in [1, 2, 3, 4, 5, 6]). Here is a report about "encouraging results".

Congratulations to the organizers of Peer-to-Patent, which is carrying off one of the most audacious experiments in Internet activism in our day. A lot of ink has been spilled about Barack Obama's application of social networking techniques to presidential campaigning (and to Ron Paul's successful fund-raising before that) but Peer-to-Patent makes those achievements seem entirely run-of-the-mill.

The premise behind Peer-to-Patent, which many observers called impractical, was that thousands of experts in technical fields would flock to the site to read patent applications (if you've ever read one, you'd hike the stakes against success several notches right there) and would find prior art that would lead to rejection or restrictions on patent claims.


Software patents are dumb. They needn't be permitted. But those who want a government-imposed monopoly for their computer program will use any excuse available -- and sometimes incentive/bribe --- to 'massage' the system to their benefit. Without response to this threat, the system will be reshaped to facilitate those who thrive in abuse of it.

This debate is very relevant to this Web site because Novell is trying to capitalise on its patent portfolio and use it to 'punish' all other GNU/Linux vendors. It wants to acquire a Linux monopoly using software patents and deals that make them relevant.

Recent Techrights' Posts

GAFAM is a National and International Threat to Everybody
GAFAM is just a tentacle in service of imperialism
Don't Cry for Gaslighting Media in a Country Which Loathes the Press
my wife and I received threats for merely writing about Americans
IBM Paying the Price for Treating Workers Badly and Discarding Real Talent (Because It's "Expensive")
IBM is dead man walking
Projection Tactics - Part III: Silencing Inconvenient Voices Online
If X gets banned in the UK, it'll be hard to see what the spouse says in public
 
Coming Soon: Impact With EPO Cocainegate
Will Campinos survive 2026?
The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
Linuxiac May Have Reverted Back to LLM Slop
Is he back on the wagon?
The Creator of Git Probably Doesn't Know How to Install and Deploy Git
Nobody disputes this: Mr. Torvalds created Git
Slop is a Liability
Slopfarms too will become extinct because people aren't interested in them
EPO People Power - Part XXXVI - In Conclusion and Taking Things Up Another Notch
They often say that the law won't deter or stop criminals because it's hard to enforce laws against people who reject the law
Running Techrights is Fun, Rewarding, and Gratifying
In Geminispace we are already quite dominant
Red Hat is Connected to the Military, Its Chief Comes From Military Family (From Both Sides)
The founder of Red Hat's parent company literally saluted Hitler himself (yes, a Nazi salute)
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day
Still Condoning Child Labour and Exploiting Unpaid Children Developers as PR Props (to Raise Monopoly Money)
These people lack morals. So they project.
"Security, AI or Quantum" on "the IBM Titanic"
Who's RMS?
Hours Ago The Register MS Published Microsoft Windows SPAM "Sponsored by Intel." The Fake 'Article' Says "AI" 34 Times.
The Register MS isn't a serious online newspaper
EPO People Power - Part XXXV - Where Else Will Corruption and Substance Abuse be Tolerated?
We need to raise standards
Status and Capital
People who do a lot are too busy to boast about it and wear fancy garments
Turbulence Ahead
I last rebooted my laptop in 2023
Google News Rewards Plagiarism With LLMs (About Linux, Too)
Google is in the slop business now
Links 14/01/2026: Failing Economy and Conquest Abroad as a Distraction From Domestic Woes
Links for the day
Gemini Links 14/01/2026: The Ephemerality of Our Digital Lives and "Summer of Upgrades"
Links for the day
Outsourcing on Microsoft's Agenda, Offshoring Also
"In some cases, India hiring is poised to replace certain roles previously based in the U.S."
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same
Links 13/01/2026: Russia Weaponises Weather Against Civilians, Beijing-Controlled HK Attacks Legal Team of Besieged Critics
Links for the day
Gemini Links 13/01/2026: Loss of Desire to Produce, Individual Consumption
Links for the day
Shobhit Varshney From IBM Pushing Slop at Large Bank, Another McDonald's Waiting to Happen?
How long can they get away with phony narratives like "replaced by AI"?
Links 13/01/2026: Ubisoft Layoffs, "India IT In Shambles", and Microsoft Chatbot Killing People
Links for the day
IBM is Not a Leftist Company, the "I" Stands for Imperialism, and Poo Floats to the Top
Remember that AK is military from both sides of his family
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day