Bonum Certa Men Certa

Linux Defenders: Obeying -- Not Challenging -- a Broken System

THOSE WHO FOLLOWED RECENT posts about this subject [1, 2, 3] already know that we are not huge fans of the "Linux Defenders" initiative; not because it's ineffective but because it's the wrong way to approach the problem. It is a way that pleases big companies (and funding sources) like IBM, i.e. it keeps the things IBM likes and tackles those which it does not like. IBM is, sadly enough, not opposed to software patents. It just wants to weed out the 'nuisance' that's a by-product.



To address the Big Issues, one needs to spend less time pushing papers and more effort fighting Microsoft's (and others') expansion of software patent laws -- or alternatively back doors -- into more countries. The suppressors want universal consent that Microsoft owns all sorts of algorithms and that Free software therefore becomes illegitimate or "not free".

It used to be the same with DMCA, which expanded and expanded and expanded globally. It's about taking people's rights away, however artificially it needs to be done. (Sheesh! Just don't mention the ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16])

The following article about "Linux Defenders" reminds readers of the source of this push, which is tied to IBM and even Novell.

The whole setup was apparently the brainchild of the Open Invention Network (the OIN registered the linuxdefenders.org domain, in fact), which appears to be patent-friendly twin of Linux defenders. The New York University's Center for Patent Innovation provided some of the intellectual foundations for the group, and maintains the sites devoted to patent peer review.

Overall, this seems like a lot of effort to dedicate to simply staying out of trouble but, as the SCO case demonstrated, even spurious patent claims can keep open source software (and the companies that rely on it) tied up in court for years. Unless and until the patent system is reformed, Linux Defenders appears to be a necessary protective measure.


Here is a questionable bit from Heise.

Such projects are extremely important to the long term future of open source, which by its nature is vulnerable to patent attacks. As open source grows and gains commercial acceptance, it becomes a more tempting target for patent trolls.


Well, by OIN's own admission, this approach does not stifle patent trolls. As such, to describe "Linux Defenders" as a response to patent-trolling is totally missing the point.

Digital Majority has been very active recently because it's keeping an eye on articles discussing the patentability of software, e.g.:

  1. Patents Act 1977: Patentability of computer programs


  2. What "as such" means, what it really, really, nearly means ...


EurActiv has been peddling a lot of Microsoft-serving agenda recently. It seems to be ushering a system that would potentially contaminate EU law with the sordid chaos that's the USPTO.

Several days ago we wrote about one example (ACT, a Microsoft shill, pushing for software patent loopholes in the EU), which Glyn Moody finally comments on as well.

The ACT seems to think that the patent system works so well in the US, that Europe absolutely must ditch its own quaintly fragmented approach, and adopt a nicely unified one closer to the Stateside model.

Pity, then, that books like Patent Failure provide hundreds of pages of incontrovertible evidence that the patent system there actually costs more money – in terms of litigation – than it generates for patent holders, with the possible exception of the pharmaceutical industry (and we all know what paragons they are, especially in their licensing terms to developing countries.)


EurActiv is now offering a full interview with a known Microsoft mouthpiece [1, 2, 3, 4, 5, 6, 7, 8]. Microsoft is not even mentioned in the form of disclosure in this article and Jonathan Zuck keeps pretending to be a representative of small businesses, which he is not.

Fragmentation of the EU's single market and particularly its patent system represent major obstacles to innovation, which is mainly driven by SMEs, Jonathan Zuck, president of an association representing more than 3,000 small and mid-sized IT firms from around the world, told EurActiv in an interview.


How many of these "3,000 small and mid-sized IT firms from around the world" actually fund Jonathan Zuck and ACT (or other shells)? On the face of it, none. This is not the first time that large businesses like Microsoft and their lobbies steal the voices of small ones.

These hired guns from ACT have even released a 'study' and it's worth remembering who funds them.

There is a new page in "Worst EU Lobby Awards 2008". ACT is not alone then.

There has been a broad discussion about his role in the debate about software patents in the European Parliament. Lehne has been one of the MEPs pushing for software patents, while Taylor Wessing has a large patent group and advises clients on patenting strategy in the software sector. Lehne has argued that he wasn’t involved with any companies engaged in the patents debate in his work as a lawyer. But still he is a partner in a law firm that boasts that its “patent group is one of the strongest, largest and best known in Europe”.


In conclusion, lobbying is to Microsoft what flying it to a bird. And it continues to this date. "Linux Defenders" is handling small potatoes whilst some big animals in the back yard are messing up with all the plantations. The "defenders" deal with grains, not crops.

In order to step up and resolve this litigious problem, people must never be led to believe that the cure lies in probing of patents one at a time while praying that laws will stay the same and hostile peers will be merciful. History is not forgiving.

Laws constantly want to be changed because companies and fortune holders always strive to elevate their level of power and control. As Richard Stallman once said, "geeks like to think that they can ignore politics, you can leave politics alone, but politics won't leave you alone." He also said that "fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria" and, to summarise more generally, "value your freedom or you will lose it, teaches history."

Lincoln_address 1958

Comments

Recent Techrights' Posts

Being Prevented From Accessing One's Own System Means Getting Locked Out, Not Security
a metaphor
3/4 (Three-Quarter) of Requests Seen by statCounter (Originating From Desktops/Laptops) Deemed to be "Linux" in San Marino
74% Linux, it says...
The Linux Foundation Does Not Work for Linux, Definitely Not for Free Software
works for its biggest sponsors, i.e. companies like Microsoft, IBM, and others
The European Patent Office's (EPO) Crisis Week Ends Today, the Rest of the Year Will be EPO Staff on Strike
The outcome of the two-day meeting won't change the fact that EPO staff is on strike for the whole year
 
Links 04/07/2026: 2026 Old Computer Challenge and Trying Gopher
Links for the day
SLAPP Censorship - Part 127 Out of 200: Lawsuits by Americans Filed in the UK a Burden on British Taxpayers, No Way to Recover the Funds When Americans Lose Their Cases
Are Garrett and Graveley 'pulling a 4Chan'?
Links 04/07/2026: USMCA (Covering Software Patents) Might Not be Renewed, Slop Bros Try to Pay Weird Al to Endorse Their Scheme
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 03, 2026
IRC logs for Friday, July 03, 2026
Gemini Links 03/07/2026: Mindfulness Practice and "Slop Is Killing the Human Spirit"
Links for the day
Links 03/07/2026: Openwashing of Slop in "Linux" Clothing and "Happy Birthday, America"
Links for the day
John Been (reallinuxuser.com) May Have Crossed Over to the 'Dark Side' of LLM Slop
It 'smells' like it, a scanner seems to concur
Who or What is "Nadeko"?
Fijxu's services make life a lot easier for Free software sticklers
10 Years Since the World Lost Ian Murdock
My wife and I still use Debian, as does this site
No, Microsoft is Not Laying Off 5,000-6,000 But a Lot More
There are "buyouts", "PIPs" (silence layoffs), pink slips, and future waves, not counting subsidiaries and contractors
The Cyber Show's Andy and Helen Confronting 'Upgrades'
the latest from Andy and Helen
statCounter Sees Almost 1 in 10 Desktops or Laptops in Egypt as GNU/Linux Workstations
10% "market share" (for GNU/Linux) was nearly attained last month
The March of GNU/Linux in the Russian Ally, Belarus
record high for GNU/Linux in Belarus
Technology is Getting Objectively Worse and Less Reliable
Something went horribly wrong
FOSS Force 2026 Independence Drive Lacks Independence From GAFAM's 'Linux' Foundation
We're not trying to 'bash' FOSS Force
News That Matters, News That's Exclusive, and News LLM Slop Will Never Get Right
Churning out blog posts just for quantity's sake was never our goal
Independence and Software Freedom
Much work remains to be done
European Patent Office (EPO) Series: Operation Monte Titano: Micro-State Diplomacy
On 28th May 2026 EPO President António Campinos paid a visit to the Most Serene Republic of San Marino where he was received with full diplomatic honours
Links 03/07/2026: Slop "Isn’t Replacing Lawyers", "App Fatigue"
Links for the day
Statement on This Week's DDoS Attacks
DDoS attacks are not a "badge of honour". They are a nuisance.
Skinnerboxes as Health Problems and Impediments (Against Happiness)
skinnerboxes are a form of addiction
Costa Ricans' Adoption of GNU/Linux Reaches New Highs
Windows is doing poorly in general
British Women Don't Want to Work for American Men Who Attack American Women
"[g]reeting clients and preparing beverages"
Mass Layoff Event on June 30 at Red Hat? Let Us Know...
We are looking for more Red Hat whistleblowers
Gaming on Windows is in Trouble, XBox is Practically Dead Already
It seems increasingly clear that Microsoft wants to get rid of XBox
New Record for GNU/Linux in the World's Largest Muslim-Majority Population (287,983,025)
Will Indonesians leave GAFAM behind?
SLAPP Censorship - Part 126 Out of 200: Becoming More Aggressive Against Us Only Proves Us Right
the police involved
IBM Red Hat Kicks Out the Community, Promotes Slop
It has gotten so bad
The Register MS Covers "AI" Because It Gets Paid to
A lot of noise "in the news" about "AI" is paid-for trash
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 02, 2026
IRC logs for Thursday, July 02, 2026
Gemini Links 02/07/2026: OpenBGPD, Newt and OpenBSD, Indieweb Theme for Ghost
Links for the day
Links 02/07/2026: China "Ethnic Unity" Law a Global Threat, "EU Imposes €3 Duty on Parcels From China"
Links for the day
Japan's Share of GNU/Linux Has More Than Doubled
GNU/Linux now sits around 3.5% compared to about 1% two years ago
'Largest Single Layoff Event In Gaming History' or 'Largest Single Layoff Event In Microsoft History'?
we need whistleblowers, not official or semi-official statements from Microsoft
Off-putting Terms or Behaviour That Keep Women Away From Areas of Technology (Not What IBM and GAFAM Tell Us)
the use of language
Microsoft Windows "Goes South" in South America, GNU/Linux Popularity Soaring
Brazil and its neighbours must have paid attention to what happened earlier this year in Venezuela
It's Not the Layoffs, It's the Debt
PIPs and/or "silent layoffs" are about the companies flouting obligations to staff, reducing or eliminating the compensation packages
European Patent Office (EPO) Series: Cutting Ribbons in Sintra While the EPO Burns
Like the Roman Emperor Nero, Campinos fiddles in Sintra while the EPO burns
In Spain, GNU/Linux Now Measured at 5.5%
Microsoft and Windows are generally shrinking
North America: GNU/Linux Leaps to 8% "Market Share"
the trend is clear
statCounter: GNU/Linux Has Risen to All-Time High of 6% Worldwide (July 2026)
GNU/Linux has massive gains
Not Tolerating Death Threats
Death threads are a serious matter
Silent Layoffs, 'Happy' Layoffs, and 'Buyouts' (Pretending to Voluntarily Retire)
We've been seeing lots of that at IBM and Microsoft
SLAPP Censorship - Part 125 Out of 200: Litigants in Person (LIPs) Handling American Lawfare Funded by Third Parties (About a Million Pounds for 100 Kilograms of Legal Papers)
An appeal to the Court of Appeal can be justified at one point
IBM HR "Process is Similar to Raising Farm Animals"
IBM "silent layoffs" won't stop
Attacks on the Sites
These are clearly censorship attempts
Links 02/07/2026: Microsoft May be Shutting Down 5+ Studios, Slop Got Too Expensive, "RAMpocalypse" Discussed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 01, 2026
IRC logs for Wednesday, July 01, 2026
Gemini Links 02/07/2026: Kondo, Theological Thought, and X4
Links for the day