Bonum Certa Men Certa

Free Software vs Microsoft: It's Down to Patent Law Now

Battling on a terrain one prefers

Microsoft's Fight for Software Patents



When you can't defeat an enemy in the rain, you attack on a dry day. If you are incompetent down at the valley, then you relocate and escalate the battleground to the mountains. But it's merely a parable. Likewise, having failed to win based on technical merits, Microsoft wants to fight using lawyers. Might Microsoft strike back at Google like it attacks Linux (with saber-rattling)? Remember that Yahoo's search predates many, including Google's.

"The idea that Bill Gates has appeared like a knight in shining armour to lead all customers out of a mire of technological chaos neatly ignores the fact that it was he who, by peddling second-rate technology, led them into it in the first place."

--Douglas Adams



The recent speculation which suggests Microsoft needs Yahoo! for its software patents is once again being repeated. Google has many software patents as well.

Microsoft and the Yahoo patent portfolio



The latest thinking in the Silicon Valley scene regarding the Microsoft-Yahoo-Carl Icahn Saga, which is not going away, might be about some sort of killer patent owned by Yahoo. Right now financial researchers everywhere are trying to figure out what exactly the patent is.


Whatever the patent may be, it is encouraging to see the muchly-influential Mark Shuttleworth standing behind GPLv3, unlike some other remarkably-inspirational developers.

Shuttleworth was responding to a question of how developers could protect themselves against patent and intellectual property issues when it comes to contributing code to open source projects. He initially said, "GPL V3 is a good solution..." But pressed on the threat regarding Microsoft, Shuttleworth said he did not think the software giant would pursue a claim.

In essence, Shuttleworth said, Canonical has copyright assignment agreements with developers. "In order for us to be nice enough to accept your code you have to ensure us that there are no problems with it," he said. Shuttleworth, upon further questioning indicated that the GPL3 would provide protection against legal claims.


Software Patents Are Not Yet Dying in America



There was this hotly-debated post about Google's patents, but it turns out to have been misleading. Here is a premature requiem from Linux Journal.

Obviously, the matter is still in its early stages — there's no way of knowing yet whether Duffy's interpretation is anywhere near reality — what will actually come of it remains to be seen. The possibility holds huge promise for the Open Source community, however, as a day in which software patents no longer encumber the work of Open Source developers has been a long-held dream — one can only hope it will rapidly become reality.


Here is an entirely different take on this, from one who would be happier to see software patents going away.

Finally, the post is ethically questionable, as its author, John Duffy, was hired by a software company, RDC, to write an amicus brief in the Bilski case pushing for the position that software should remain patentable. This is not disclosed in the post. In other words, he's clearly biased in favor of making sure that the end result of Bilski is that software patents remain in tact, and a little publicity campaign, stirred up by misleading claims that everyone's beloved Google will somehow be harmed could help push public sentiment towards allowing software patents.


There are many other interpretations, but some are shallow. On the brighter side of things:

There's been a running debate in IP circles whether software patents would hold long-term, and as more online innovation focuses on just collecting and combining data in new ways, the attacks on software patents are getting more precise.


Groklaw calls it all FUD, insinuating this this is a non-event. People might find out soon.

Another Patent Dies



After those endless and vicious legal assaults [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16], the Nokia-Qualcomm case turns out to be a total waste of time and money.

The German Federal Patent Court ruled Wednesday that a Qualcomm GSM patent claim against Nokia is invalid, said the Finnish phone giant.


This was also published here and here. What a disappointment. In other words, the patent should never have been granted in the first place. If it hadn't, there would not be this basis for unnecessary fights.

And they say patents encourage development and productivity...

Europe Almost Goes Mad



Fortunately, the following proposal got abandoned, but the BBC tells its story. [via Digital Majority]

The Treasury has ditched controversial proposals to raise additional tax from companies that locate intellectual property, such as drug or technology patents, in low-tax countries.

[...]

A number of multinationals had warned that their tax bills would rise to unacceptable levels if the Treasury were to tax earnings generated abroad from patents and other forms of intellectual property.

Some threatened to move their headquarters overseas to escape the incremental tax.

A Treasury official said that the government had been surprised by quite how many companies feared they would pay additional tax.


This may be another subversive way of extending the scope of software patents.

Europe and ACTA



The abomination known as ACTA is not shredded yet, either. It's revolving around Europe, but the following article is more of a status report on the controversial "Intellectual Monopoly Tsar".

It comes as bodies, such as the European parliament and the French government, have proposed having a European high commissioner for IP. “The high commissioner could be an interesting model for abroad and for Europe,” said Kessler.

He added that people in similar positions in different countries could help harmonize the work of law enforcement bodies overseas, but was sceptical about discussions on an Anti-Counterfeiting Trade Agreement (ACTA): “ACTA is a future issue and a difficult one. It is something for our children.”


Also of interest:

Senate Judiciary Committee Chairman Patrick Leahy and ranking member Arlen Specter will join Sens. Evan Bayh, D-Ind., and George Voinovich, R-Ohio, on Thursday in unveiling new legislation intended to boost government efforts to crack down on counterfeiting and piracy.


ACTA is still making headlines, including in this good new article from Linux Journal.

The name of the “Anti-Counterfeiting Trade Agreement” – ACTA – is indicative of the overall approach being taken. First, this is a trade agreement, which means that it by-passes many of the more open processes for drawing up international agreements. This has allowed it to be discussed in secret, amongst a cosy club of interested parties and their chums – notably, those in industries based on exploiting intellectual monopolies.

Moreover, this is an invitation-only club, which has led to the exclusion of most developing countries, and hence most of the world in terms of population. It is nothing less than cyber-imperialism by the rich countries that for so long have imposed their agendas on the rest of the globe, but which finally see their traditional hegemony threatened by the rise of new powers – and new ideas. ACTA is a last-ditch attempt to lock the world into an old and outdated mindset.


For further information:



Ubuntu's insistence that Bug Number 1 is to do with market share seems to totally overlook the danger that is corruption of existing laws as means of illegalising Free software. What good are a few new users (at the expense of a Mono-free, Microsoft-deal-free existence) if another SCO strikes tomorrow? ⬆

patent threat
Photo under the GNU Free Documentation license

Recent Techrights' Posts

Brigading Against Women - Part X - When Actions of American Men Are Not Judged by Other American Men
"There is not the slightest suggestion that either Dr or Mrs Schestowitz did anything to invite or deserve it. They are both clearly and justifiably angered, dismayed, distressed and hurt by it."
European Patent Office (EPO) Series: A Source of Pride for Portugal?
In this part our focus returns to the main theme of this series, namely the current reappointment campaign of the EPO President, as we consider whether Campinos can still expect to enjoy the same level of support from the Portuguese political establishment as he did during the earlier stages of his career
Computers Freeze Because of UEFI Restricted Boot
damage is also done to computers running Windows
Linux Has Conquered Mobile, But Desktops and Laptops Matter More
When people say the desktop "doesn't matter" they seem to be missing the point that workplaces use desktops (or laptops) and a lot of the work gets done not on skinnerboxes but "workstations" or terminals
Brigading Against Women - Part VIII - Misogyny Embedded; Like Firm, Like Clients
It's about back doors
Microsoft Can PIP Workers (Silent Layoffs) Until Almost Nobody is Left
Microsoft is gradually vanishing
 
Techrights is International
There are many sites that focus on local communities or nations. We're not one of those sites.
5 Years Ago (September 29, 2021) Richard Stallman's Talk in Ukraine Noted
Let's hope the war will end soon
Links 29/09/2026: Acceleration, Morale, and ROOPHLOCH 2026
Links for the day
Links 29/09/2026: "Scam Altman Is Driving Drunk" and Anthropic Lies About Slop Usage
Links for the day
It is Very Expensive to Slow Down Techrights
Garrett's expensive hearing (costing the British taxpayers about 120,000 pounds; he doesn't live here and does not pay tax here) slowed us down for a few days, but we've picked up the pace since
Brigading Against Women - Part IX - "What Are You, a Racist?"
Because behind every strong man is a strong opinion?
Gemini Links 29/09/2026: "Digital Sabbath", Starting a GemCapsule, and Sterrenkijker 1.1.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 28, 2026
IRC logs for Monday, September 28, 2026
Chaos Imminent at Red Hat (This Week)
IBM is 'finishing the job' an ex-IBMer (Ron Hovsepian) did at Novell.
The Cyber Show Says Truth Always Requires a Fight, a Struggle
"Truth-tellers always face struggle and run risk"
Maladministration at the EPO as a Crisis for the EU and for Portugal's Image in Europe
Some time soon we'll publish a long article about what EPO leadership means to Portugal
3 Years of UK Hosting
We commend the webhost for standing firm in the face of misogyny
Tech Labeled "Smart" Does Not Make People Smart
People who insist on making everything digital are not advancing progress
Gemini Links 28/09/2026: Truncated Sleep, Plain Text, and Slop Problem Kept Out of Geminispace
Links for the day
Links 28/09/2026: "A Growing North Korea Problem" and Independent Journalism as a Lifeline
Links for the day
Links 28/09/2026: Microsoft Chatbot "Giving Extremely Specific Advice to a School Shooter on How to Maximize Casualties", ‘Suicidal Empathy’
Links for the day
Microsoft's Attacks on Courts in the Netherlands Result in GNU/Linux Growing to About 10% There
One core issue that justified this and led to this outcome is Microsoft's interference with the administration of justice
They Create the Conditions for People to Leave, This Way They Don't Call it "Layoffs"
We keep seeing many stories like these
Gemini Links 28/09/2026: Wildfire, DOS, and Backups
Links for the day
Brigading Against Women - Part VII - 'Trolling' Courts and Legal Systems in America and in the UK (Europe) Costs a Lot to Taxpayers
They only attend hearings after being arrested
European Patent Office (EPO) Series: The Portuguese Talent For Bureaucratic Empire Building
Portugal’s success in securing senior executive appointments at the EUIPO and the EPO is a notable example of how countries seek to strengthen their influence within European intergovernmental institutions
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 27, 2026
IRC logs for Sunday, September 27, 2026
Gemini Links 27/09/2026: Writing Well, Productivity, and a Relaunch in Geminispace
Links for the day
Making This Site More Useful to More People
Search engines (as a concept) are under attack
Exposing Crimes of Americans (From the UK)
We must ensure UK prisons are never misused to punish/silence people who expose crimes in America
Spam and Chatbot Spam in Internet Relay Chat (IRC)
Maintaining one's own IRC network requires some housekeeping, but it's simpler than outsourcing to malicious companies
Search Engine of Techrights Improved for Better Signal-to-Noise Ratio
Our growing community needs more search facilities
Microsoft: We Love Layoffs, We Do Silent Layoffs, More Microsoft Projects/Teams/Studios Confirmed to be Shutting Down
XBox is dying. Piece by piece.
Brigading Against Women - Part VI - On Garrett and Lozza, Defamation, Attempts to Crack My Wife's Accounts, Social Engineering to Try to Take Sites Offline, Subscribing Us to Mountains of SPAM
tried swatting us
Links 27/09/2026: "Provost of Dartmouth Busted Using Hey Hi (AI) Slop for His Own Writing in Newspapers and Academic Journals" and "UK Government Enforcement Reform"
Links for the day
People and Sites Wish a Happy 43th Birthday to GNU (Today)
We've collected some examples
Dejan Panovski Outs linuxize.com as a Slopfarm, Another Site That Sold Out and Became LLM Garbage
From what we can gather, both images and text are slop
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DistroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DistroWatch page to make the illusion of popularity
Links 27/09/2026: Microsoft Fired People a Day After Promotion, "Fragility of Online Journalism"
Links for the day
Brigading Against Women - Part V - SWATTING, Extortion Against Webhosts, and Lawfare Under Sworn Oath (Perjury Also)
Matthew Garrett has no qualm about still collaborating with Lozza
20 Years Later
There's a strong anti-democracy movement brewing in many places
Gemini Links 27/09/2026: Telescopes/Gskyer, Writing for Writing's Sake, and Writing Tools
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 26, 2026
IRC logs for Saturday, September 26, 2026