Bonum Certa Men Certa

Latest Update on Microsoft's Plans with Software Patents

Nathan Myhrvold



Yesterday we uncovered Nathan Myhrvold's latest mischiefs as a patent troll in deep denial. Slashdot has some more details about it.

"Intellectual Ventures (IV) will be setting up shop at the top of a Four Seasons this week as Headline Sponsor of the Ready to Commercialize 2008 conference hosted by the University of Texas at Austin. It's the patent firm's 100th university deal, though some, such as Professor Michael Heller at Columbia University, warn against such deals. '... their individual profit comes at the cost of the public ability to innovate. The university's larger mission is to serve the public interest, and some of these deals work against that public interest.' It's a follow-up to the conference IV sponsored last summer for technology transfer professionals entrusted with commercializing their universities' intellectual property, and should help IV, a friend of Microsoft, snag even more exclusive deals (PDF)."


A couple of days ago we also mentioned the conference where Microsoft used Novell's fork of OpenOffice.org (yes, it's a fork [1, 2, 3, 4]) to market OOXML and align some of this with software patents, the chief focus of the conference. One of the attendants and bloggers from Oracle wrote about this.

I will soon publish my impression from a highly entertaining European Commission workshop on intellectual property rights and ICT standards on 19 November 2008 in Brussels, Belgium held at the Bedford Hotel, formerly a cotton mill. Since I attended yesterday at the Commission in Brussels, I am still patching up my notes. Here is a very first impression. These are soundbites from the workshop. Some caused laughter. Others were just strange. Others again did not necessarily have one clear interpretation. I will leave it to the readers to interpret them for now.


His quotes from Microsoft may not be precise, but these ones stands out:

"12. - Open Source is not a business model, Amy Morasco [of Microsoft]."

Remember who said exactly that?

The 451 Group: "Open source is not a business model"

It's just a tad fishy because one blog linked to this post of ours when the study was first published.

"13. - OOXML is being implemented in Open Office products, Amy Morasco [of Microsoft]."

Thank you, Novell, for doing this for over 2 years now. Thanks for nothing.

Speaking of OOXML, Groklaw links to this report from an ISO plenary where OOXML is discussed. Pamela Jones adds: "here is my question: what do you implement? Microsoft isn't implementing currently either OOXML or Ecma2. So where is the standard? Also, I am thinking if you can't afford to pay ISO for the OOXML standard [it's not free] or don't like the restrictions on free availability, you could just wait and get Ecma2 when it's available from them without restrictions."

The Vice President and Assistant General Counsel of intellectual monopolies at Red Hat has published the following article regarding the Bilski case and its impact.

In its new opinion, the court declined to settle the issue of when, if ever, software based inventions should be patentable. Even so, the new test in Bilski will probably limit the patentability of software.

Future cases will shed further light on this issue. In the meantime, the holder of a poor quality software patent is likely to think more carefully about bringing a lawsuit, because the patent may be ruled invalid.

The FOSS community and its supporters need to explain to our friends, neighbors, and legislators the practical realities of software patents. We need to continue to challenge received wisdom about innovation in software, and to explain that patents do not always foster innovation.


Jeremy from IPKet has published this post to shed more light on the situation in EPO and UK-IPO.

Some people say that the referral of the questions is a feeble surrender to the demand of Lord Justice Jacob in Aerotel/Macrossan that the EPO resolve the contradictions in its earlier rulings -- contradictions the existence of which the previous President of the EPO denied -- or whether it is a resolute defence of the EPO's resistance to such pressures that have led it to ask its own questions of the Enlarged Board rather than those articulated by Jacob LJ. The nature of the questions has itself given rise to plenty of speculation. Are they there simply to remove perceived inconsistencies in EPO practice, or are they posed in order to provide an excuse to send out answers that will seek to bind practice in national offices too?


Fortunately, this isn't from David Pearce, whom we don't appreciate for his disdain of software patents critics, but either way, it's encouraging to see pro-patents Web sites admitting that the system is weakening. This isn't the first [1, 2].

The OpenMoko analysis, which continues to receive coverage [1, 2], probably fails to identify the source of agitation and litigation. It's not about the patent troll called Sisvel; trolls sometimes operate on behalf of larger companies that want competing products removed from the market. In this case, Sisvel is said to be a proxy of Philips, acting as a front much like the MAFIAA. And let's never forget Acacia [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11], which sued the market's GNU/Linux leaders just shortly after hiring top-level employees from Microsoft. ⬆

Recent Techrights' Posts

Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
 
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026