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

An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part III - Very Strong Legal Basis for an Appeal
The case is now being escalated to a Foreign Secretary and former Deputy Prime Minister
No Slop Found in RSS Feeds, Only in Google News
No slopfarm will survive for very long, certainly it'll go bust as soon as readers (if it had any) know what it is
What the Solicitors Regulation Authority (SRA) and Action Fraud UK Have in Common
Don't let London become the world's "crime capital"
Dr. Andy Farnell on How GAFAM, NVIDIA and Others Lie to People Via the Sponsored Media to Prop Up Lies Under the Guise of "AI"
Lots of key aspects are covered
 
Attacks on Techrights Make Techrights Stronger and Attract More Whistleblowers to Techrights
The harder they attack us, the more productive we become
The Register MS Has Just Taken Money From Google (Where the Former Chief Editor Now Works) for Femmewashing and Ponzi Scheme Promotion
now The Register MS not only promotes a Ponzi scheme but also bags money to pretend Google respects women
People at IBM Are Still Smart Enough to Understand What's Really Going on
"I would never refer someone to work at IBM that I liked! I hope all of you have reviewed IBM on Glassdoor."
European Patent Office (EPO) to "Eventually Eliminate the Tasks Performed by Formalities Officers"; EPO Run by People Without Experience in Patents
full paper
RMS is 73 Next Week
Richard Matthew Stallman (RMS) turns 73 exactly 7 days from now
Iran & FSFE: blackmailing women, from football to the French Government (CNIL)
Reprinted with permission from Daniel Pocock
Police investigations, lawsuits & Debian leader election candidate shortage
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) Has Defeated Cancel Culture, a Mostly American Phenomenon
RMS is talking now
Links 09/03/2026: Many Security Breaches and a Pandemic of Censorship
Links for the day
People Who Work or Worked at IBM Hate It
bluewashing is only the first step
Richard Stallman (RMS) Talks in 30 Minutes, Next Stop Bern (Last Stop)
We assume he'll travel back to Boston after that
IBM's Fedora as a Booster of Slop Disguised as Code or Computer Programs
Maybe we should also stop seeing a doctor and instead ask chatbots about symptoms?
Richard Stallman (RMS) Talk Five Hours From Now
there is growing recognition for what he really did for everybody
EPO Strike 10 Days From Now, Planning Assembly Tomorrow, Last Couple of Strikes Had High Participation Rates (1,500-1,600 Staff Went on Strike)
The next strike is in 10 days' time and then there will be another strike
Links 09/03/2026: GAFAM Outsourcing, "MAGA Political Meddling" in EU, Indonesia Bans Social Control Media for Children Under 16
Links for the day
Using Slop (and Slop in Articles) to Attack Copyleft 'on Budget'
This article is pure BS from an anti-GPL and anti-RMS 'activist'
Why The Register MS Sold Out to Microsoft: They're Losing Lots of Money, The Register MS is Bleeding to Death, Based on Its Own Financial Records
With over 6 million pounds in debt (nearly 10 million US dollars) we guess it's likely some other company will take over the site (if it deems it worthwhile)
Microsofters' SLAPP Censorship - Part 7 Out of 200: Like With the Serial Strangler From Microsoft, Misuse of UK-GDPR to Try to Hide Embarrassing Facts
They do and say really bad things, then allege it's a "privacy violation" to mention those things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 08, 2026
IRC logs for Sunday, March 08, 2026
Gemini Links 09/03/2026: Exponentials and Tailscale
Links for the day
Sloppyleft
Article by Alexandre Oliva
Hard to Replace 'Human Touch'
The reason many people insist on using GNU
Richard Stallman Gives Talk in 20 Hours at Ostschweizer Fachhochschule Campus in Rapperswil-Jona
The talk is in English
The Slop Companies Gamble at Our Economy's Expense and They Know It's a Losing Bet (So It's a de Facto Robbery)
The crash of this bubble isn't just inevitable, it's already happening and receding sporadically because of false announcements about money that does not actually exist (to "buy time")
Suppressing Speech by Blackmail, the Iran Story
When Debian wanted to stage a seemingly legitimate election it needed to have more than one candidate running; so eventually the female partner of a geek rose to the challenge (had no coding skills at all, no technical history in Debian) and lost to the "incumbent German"
Too Focused on Buzzwords the Media is Paid to Saturate the Collective Mind With
Just because companies do really bad things in the digital realm does not imply "AI" or follow from "AI"
Discrimination and Prejudice Against Female Journalists
we can shame people who attack a reporter on the grounds of gender
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part II - Trying to Put People in Prison for Committing the Act of Journalism
This is abuse of process
Attack on Copyright and Copyleft by Code Conversion Is Nothing New, It Predates Slop (Code Produced by LLMs) by Several Decades
Even back in the 90s many people converted programs from one language to another. That could invalidate copyleft (and copyright), which already existed
Almost a Slopless Weekend for "Linux"
Let's hope slop will come to an end or sites will cease linking to slop
Insiders Explain Why IBM is Dying and the Inherent Culture Problem
There are many ways to shave this IBM cat
Links 08/03/2026: Microsoft Lost $400 Million on "Project Blackbird" and Half the States Sue Over Illegal Tariffs
Links for the day
Links 08/03/2026: Cisco Holes Again and "Blatant Problem With OpenAI That Endangers Kids"
Links for the day
Activism/Journalism in Our Blood
one must fight for one's principles
Gemini Protocol in Its Prime
What's particularly neat about Gemini Protocol is that it's fast and cheap
Microsofters' SLAPP Censorship - Part 6 Out of 200: Intentionally Misnaming Women, People Who Offered to Testify That They Too Had Been Subjected to Similar Abuse
Today it is International Women's Day
Even Fedora Leadership Cannot Figure Out the Microsoft Kill Switch/Back Door, 'Secure' Boot
It does not actually enhance security
Bruce Perens: Richard Stallman "Has Achieved His Goal"
Stallman's next talk is tomorrow
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 07, 2026
IRC logs for Saturday, March 07, 2026
Gemini Links 07/03/2026: Buying Woodland, Indra 1.3.0 Available, and LLM Exhaustion
Links for the day
The Harder They Attempt to Take Down This Site (and Take Away Liberties), the More People Will See This Site
We'll carry on as usual, as from sunlight comes justice
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part I - A Matter of National Security
Those people are Americans who try to advance the interests of American corporations by weaponising courts abroad
Why They Always Try to Shoot the Messenger (When the Message Harms Profits)
A matter of economics
Coinbase - Like Block - is in Huge Trouble, Its Debt Nearly Doubled in Half a Year
The real reason Block is collapsing is its debt
Starting Another New Series This Evening, It's About American Folly
today commences a series long in the making (years)
Nations Stand to Benefit From Gender Equality and Increased Participation by Women
International Women's Rights Day starts in about 6 hours in the UK
Microsoft is Losing It, Now It's Censoring Its Critics and Sceptics
Whether the measurements made by statCounter are accurate or not, the trends (long-term) typically make sense
WIRED (Conde Nast) Reviews Are Paid-for Marketing Spam, They Change Dates on Old 'Articles' to Make Them Look Relevant and New
The Web is fast becoming a burial ground for ads, trash, spam, and slop
Gemini Links 07/03/2026: Humour, Chilling, and Oversized 'Phones'
Links for the day
Cyber|Show by Andy and Helen Recommended by Techrights and Tux Machines
If your time is limited and you look for informative essays and shows (audio)
Links 07/03/2026: CJEU to Finally Examine Behaviour of the Illegal and Unconstitutional Unified Patent Kangaroo Court, Creative Commons (CC) Hosts Open Heritage Statement Event in Amsterdam
Links for the day
Microsoft's Thailand Problem
It's definitely not Windows
New Lows for Microsoft in Micronesia
GNU/Linux has shown some growth there too
Microsofters' SLAPP Censorship - Part 5 Out of 200: Clearly Not a Security Professional/Expert, Only Ever Pretending to be One
"The Claimant says he is “a computer security expert”, but his background and his track record in the education sense (genetics) does not support this assertion."
Links 07/03/2026: Fuel Already Running Low and "Economic Crisis of the Iran War"
Links for the day
The Corporate Media Repeated the Lies Told by Jack Dorsey ("AI" Hype), Now It Does the Same for Larry Ellison
Disregard the hundreds of headlines that say mass layoffs at Oracle are due to "AI" something
The Free Software Community is Gaining Momentum as Its Importance is More Broadly Realised
As long as "trendy" technology goes in a negative direction there will be a growing portion in society looking for alternatives
Spooking or Chasing Away Women (From Computer Science)
The status quo discourages women from even trying to study Computer Science and related disciplines
"IBM Has Changed So Much in the Last Decade to the Point It's Completely Unrecognizable."
IBM is a dying, rotting company with a morbid culture
The Register MS, Sponsored by Communist Party of China (CPC)
What will happen when the bubble crashes the economy?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 06, 2026
IRC logs for Friday, March 06, 2026
Gemini Links 07/03/2026: Coffee Problem, Marchintosh, Learning, and "Selectively Disabling HTTP"
Links for the day