Bonum Certa Men Certa

Microsoft Open Sores (May Contain Patents)

T

o demonstrate the generality of software patents, consider this new find which relates to the description of a hierarchical (i.e. tree-based) filesystem structure as -- wait for it -- a tree! Yes, that's a patent in the United States and it's owned by Microsoft Corporation, the 'innovative' powerhouse that thought about representing a filing system as a tree, never mind prior art like Norton Commander which I personally used long before Windows 3.1 even debuted.

Remember the Tree-View mode in many file management applications? It's shocking to know that this omnipresent feature was patented by Microsoft back in 1995 (granted in 1997). I'm not very sure about the implications, though. The patent is so general that it can be related to many things from tree-mode to virtual filesystems. Check out claim no. 3 of the patent for the most clear part.


If this is representative of the quality of Microsoft's patents, then it's clear that they should be trivial to have re-examined and then trashed. According to an article published at OSCON, Microsoft is not worried about open source patents, but let's take a closer look at the context in which this was claimed.

One of the funniest exchanges between Ramji and the OSCON audience was the following:

"Do you feel like you're screwing a porcupine and you're one prick against thousands?" the OSCON audience member asked Ramji.

Ramji politely replied:

"It takes time to change and I knew that I'd be unpopular when I took this job..."



In other words, software patents are not his concern, but he was merely assigned to stand up there and smile in order for Microsoft to enter open source conferences, mitigate criticism in this way, and make preparations for future legal action, if not just some more threats and extortion.

“To Microsoft, it's nothing but a strategic marketing ploy.”In essence, Ramji is the equivalent of a dunce entertaining an evil emperor and acting innocent because never personally issues an order to attack. He believes (or wants to believe) that it'll keep conscience clear while he's making lots of money and by all means helping Microsoft's fight against Free software. Bill Hilf has already run away from this position and so did Martin Taylor. You can't buy forgiveness and remorse by just swapping heads forever. They all inherit the same burden and guilt.

Ramji too should realise that obeying commands "from above" makes his equally guilty and after last year's unsubstantiated smears against tens of thousands of developers, his hands are equally red. To Microsoft, it's nothing but a strategic marketing ploy [1, 2, 3].

Having already surrendered to Microsoft, the OSI has to be more polite. It's skeptical nonetheless.

As to the DMCA and so-called Trusted Computing, I think that the SE Linux project has made it pretty clear that one can build a secure operating system without resorting to secrets at the implementation or interoperability level.


In this new post, the OSI is asking Microsoft to help abolish software patents and also fight the DMCA. Are they dreaming? Tim, who wrote this post, works at Red Hat, which was attacked by what turns out to be a Microsoft-connected patent troll (at least one of them). Red Hat has posted this update on the situation.

Since the settlement of the Firestar lawsuit last month, we’ve been asked to explain why Red Hat settled the case, rather than fighting to invalidate the patent at issue in the lawsuit. The news some days back that the Patent Office had issued an initial, non-final action rejecting the claims in a re-examination of the same patent has inspired similar questions. Here are our thoughts.

[...]

But as Groklaw reported last week, the ‘502 patent “isn’t knocked out yet.” This office action is just an initial step in a proceeding that is far from final. The patent holder will probably argue to the examiner that the patent is valid over the prior art, a process that may repeat itself many times during the course of the re-exam.


For Microsoft to give up patent plot against FOSS, the solution needs to come (be imposed) from above. Having recently recognised some serious questions, the USPTO seems just a tad wobbly on software patents. To use its own words:

Computer programs are often recited as part of a claim. USPTO personnel should determine whether the computer program is being claimed as part of an otherwise statutory manufacture or machine. In such a case, the claim remains statutory irrespective of the fact that a computer program is included in the claim. The same result occurs when a computer program is used in a computerized process where the computer executes the instructions set forth in the computer program. Only when the claimed invention taken as a whole is directed to a mere program listing, i.e., to only its description or expression, is it descriptive material per se and hence nonstatutory.

Since a computer program is merely a set of instructions capable of being executed by a computer, the computer program itself is not a process and USPTO personnel should treat a claim for a computer program, without the computer-readable medium needed to realize the computer program's functionality, as nonstatutory functional descriptive material. When a computer program is claimed in a process where the computer is executing the computer program's instructions, USPTO personnel should treat the claim as a process claim. ** When a computer program is recited in conjunction with a physical structure, such as a computer memory, USPTO personnel should treat the claim as a product claim. **


Europe should be careful too, not just India. The patent trolls and their junk/software patents gradually cross the Atlantic. Seen a few days ago: [via Digital Majority]

A firm tries to patent online wish lists in Europe. Shall we stop them?



The patent No. 6,917,941, appears to cover the invention of creating a list of things in a database. It was issued in July 2005 (sometime after wish lists were invented on the Internet I believe) and defendants include a long list of startups like On My List, Remember The Milk, WishList and Zlio. Channel Intelligence is not suing Amazon or Ebay, probably because these are large companies which would send Channel Intelligence packing.


Making a living using pieces of paper is not the same thing is making a living writing programs. Some selfish people try to change the rules.

"There’s nobody getting rich writing software that I know of."

--Bill Gates

Recent Techrights' Posts

[Meme] The Failure of Microsoft Rebranding Campaigns
market share down, costs soared, back to basics
Why Your Web Site Should Also Support HTTP (Without 'Secure')
sites which force everybody to use HTTPS have an inherent accessibility problem
Microsoft Windows is Technically at 0% in Some Countries
It's not an important platform to target anymore
Windows Measured at 5.7% 'Market Share' in Philippines, GNU/Linux Rose to 5%
It was 3.62% last month
statCounter: GNU/Linux Up to 4.6%, Windows Down Sharply This Month (Almost 22% Worldwide)
Let's see it the figures stay stable throughout the month
Figures of Note: Tesla's Debt Has More Than Doubled in Two Years and It's a Symptom of a Fake Economic Order
Cash infusions by taxpayers can create "billionaires" who aren't "job creators" (see what happened to Twitter) and bring no benefits to these taxpayers, only poverty
Linux Foundation Let Linux.com Rot for Two Months and Now It Posts Ridiculous Spam
Mindless shopping site
 
GNU/Linux at 4% in Algeria
So it more than doubled since last year
With 4 Weeks to Go (Before the End of 2024) the FSF Has Already Raised Close to 100,000 Dollars
The FSF must be doing something right
"Linux on the Desktop" (Less Than a Third of Web-connected Computers Still a Desktop or Laptop)
It's like we're chasing a goal that's 2 or 3 decades in the past
2 Years Have Passed Since ChatGPT Vapourware and Bing Gained Nothing, Yandex is About to Overtake Microsoft in Search
A cause for concern at Microsoft?
GNU/Linux Rises to 4% in Ireland, ChromeOS Grows and Android Takes Windows' Lunch
Windows down to 22%
[Meme] Meanwhile at Intel (Where the CEO Got the Boot)
Well, if taxpayers pay to save Intel, then Intel should be publicly owned (by those taxpayers)
A Cult of Fake Security
It's almost as if there's a coordinated effort to weed out and drive away people who are passionate about security for the users, as opposed to the financial security of companies like Google and Microsoft
Gemini Links 02/12/2024: Long Hair and Spirituality, Technology and Nature
Links for the day
Windows Not Even a 'Thing' Anymore... in North America (Where It Originally Came From)?
StatCounter shows Windows isn't even listed as a leading platform in any country in North America
Links 02/12/2024: Obesity Crisis to Worsen, Syrian Coups Rebound
Links for the day
Months After Mass Layoffs at Microsoft Nigeria Windows "Market Share" Collapses (Now Measured at 5%)
Of course the winner is Android (new all-time high of 77.3%)
South America Has Made It (Android Majority Everywhere) and in North America New Records for GNU/Linux Usage
Windows monopoly rents cannot be salvaged
Windows Down to Only One in Six Internet- or Web-Connected Devices in Asia
it's not looking good for Microsoft
Microsoft Windows Market Share in the United Kingdom Has Fallen to About 20%
Microsoft knows the true numbers, but it would rather not tell
Links 02/12/2024: Journalists Arrested, Tesla Factories Destroying the Planet and Public Health
Links for the day
Gemini Links 02/12/2024: Adventures With Bevy, Google Very Evil, Jumping Into Gemini
Links for the day
BetaNews is Still a Shrine of Microsoft, and Casually Also an LLM Slop Factory
Fake articles, anti-Linux FUD, and Microsoft propaganda make a sound "business model"?
[Meme] Cyber Monday is Not a Thing; There's No Such Thing (It's a Corporate SPAM Campaign Plaguing the Web)
Enough with these fake 'holidays' that billionaires (business oligarchs) keep inventing to make more money at other people's expense (debt)
Software Freedom Conservancy (SFC) and Linux Foundation: Same Mentality of Revisionism and Plunder
Lie about history and then 'cash in'
[Meme] Software Freedom Conservancy (SFC) Begs You for Donations
How does one even spend 20,000 dollars per month???
Why Software Freedom Conservancy Does Not Deserve Money (Karen Sandler is Already a Millionaire and Her Organisation Attacks Free Software Leaders)
These people speak for "Big Money" interests, not for freedom
On the internet [sic] (Lowercase), They Spread Misinformation About the Internet
Hugh Grant remembers what happened before he was born
Richard Stallman Was Getting Honorary Doctorates Almost Every Year Until 'Cancel Culture' Stepped in, Distracting From Jeffrey Epstein's Ties to Bill Gates
This finally ended... earlier this year (October)
Self-Deprecating Attacks on RMS
Drew DeVault seems to have deleted all of his social control media accounts
When Bills Are Rising, Whereas the Demand Isn't (OpenAI is Insolvent)
Latest month on record shows traffic fell about 3 times lower than earlier this year
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 01, 2024
IRC logs for Sunday, December 01, 2024
Links 02/12/2024: Climate, Sportwashing, and Software Patents
Links for the day
Gemini Links 02/12/2024: Words and Apologies, Being Rude, and Geminauts 0.1.0 Release
Links for the day
today's howtos
some older leftovers
The Microsoft OSI: All the Latest Blog Posts Are Written by Microsoft Operative Salaried by Microsoft
OSI is truly occupied. Microsoft more or less 'bought' the OSI...
Links 01/12/2024: Russian Police Raiding Gay Bars, Zelensky Wants NATO Membership
Links for the day
Gemini Links 01/12/2024: Recycling and Interest in Computers
Links for the day
Links 01/12/2024: 23andMe's DNA Bubble Imploded, Web Server Survey Shows Microsoft Nosediving
Links for the day
Vulture funds war-gaming Ireland loss of corporation tax revenue, Donald Trump
Reprinted with permission from Daniel Pocock
Gerry Hutch & Debian: suicide by Monk?
Reprinted with permission from Daniel Pocock
Gerry 'The Monk' Hutch: criminals vs geeks, multinationals vs Ireland
Reprinted with permission from Daniel Pocock
"Microsoft suffered the next largest loss, down by 634,406 sites (-3.24%)"
Microsoft is now in only 2 of the 5 tables; over time Microsoft slips out of visibility in more categories
The Post Offices Have Turned Into Trash. They Swallow Packages and Only Spit Them Out If You Get Lucky.
Nom nom nom
Four Years of Videos (Self-Hosted, Not Social Control Multimedia)
Seeing how the "hey hi" (AI) hype spreads to GulagTube and ruins GulagTube, we're glad we need not worry about Google (Gulag) policing our "content" via supposedly 'free' (not really) platforms, such as GulagTube, the social control (multi)media "market leader"
[Meme] Hiding From Bullies Not the Solution
‘The only thing necessary for the triumph [of evil] is for good men to do nothing.’
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 30, 2024
IRC logs for Saturday, November 30, 2024
If You Support Free - is in Freedom/Libre - Software, Then Support the Free Software Foundation (FSF)
2024 was the most productive year so far
CNN's Front Page is About 250 Times Heavier Than Techrights' (Also Far Slower)
Those who value performance and users' experience will give bloat the boot
[Meme] What 'Social Justice Warrior' Has Come to Mean by 2024
People who have long called themselves "SJW" aren't exactly any of those things
We Already Know What Makes Techrights So Attractive to Online Abuse and Cybercrimes
Techrights helps explain how to dismantle the 'cancel culture' against Free software (it also names the key perpetrators)
Microsoft Controlling Apache by Proxy/ies
This is a broader attack on what "Open Source" actually means