Bonum Certa Men Certa

Intellectual Monopolies @ Microsoft, Counter-Productive Monopolies

Software patents protest against EPO



“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway."

--Marshall Phelps, Microsoft



A SUBJECT THAT we last covered two days ago is Microsoft's alignment with software patents as a business strategy. Further to this, let us consider the effect of its intimidation alone on GNU/Linux [via Digital Majority].

Companies also can use their patent portfolios to disrupt competitors and gain revenue from companies that want to use their patented technologies. Microsoft, for example, has made claims that it holds patents for technologies in Linux, which open-source proponents viewed as a tactic to discourage people from using open-source software.


According to this, "Microsoft’s Patent Group oversees nearly 10,000 issued US patents, with more than 17,000 US patents pending, as well as the growing portfolio of more than 30,000 issued and pending patents filed internationally."

So, whilst axing workforce, they show no signs of cutting down on software patents. Judging by the low standards at the US patent office, many of these patents do a better service at intimidation rather than action. But there are exceptions. Here for example is an incident involving a soft patent that has just had Oprah Winfrey sued. From the more opinionated news summary:

Joe Mullin is back to let us know about the latest patent insanity, starting with a post about a whole bunch of patent infringement lawsuits based on patents held by Scott Harris. You may recall Harris because he was a lawyer for a big law firm, but was quietly filing patents on the side, and then apparently working out deals whereby other companies licensed those patents to be used in infringement lawsuits against big companies -- including companies represented by the very same firm Harris worked for.

[...]

ow, my critics will be the first to point out that I'm no patent attorney, but reading over the patent, it certainly appears to be a patent on displaying a book online. How is that possibly patentable material?


Worse things have already been patented, and sometimes even used in lawsuits. Here is an example from Boxing Day.

Is This Necessary?



People like Glyn Moody, a mathematician by practice but journalist by trade, denounce the core idea of patents even more broadly. Citing other articles, they show how much damage is caused by what ought to be referred to an "intellectual monopolies". Here are two new examples:

1. The Once and Future Economy

This is yet another reason why the lock down of knowledge by intellectual monopolies is simply unacceptable in a world that will be predicated on sharing digital stuff, just as we used to share the physical stuff that Nature gave us a few hundred thousand years ago.


2. The (Intellectual Monopoly) Biter Bit

The author of a proposed Chilean law to fight copyright infringement was greeted with the warning message "This copy of Microsoft Office is not genuine" when he was making a presentation about it.


Here is Siemens shipping an hefty bill for intersection of ideas or inspiration. Shouldn't it be shipping products instead?

Siemens reckoned Seagate had infringed a group of patents it thought it owned concerned with multi-layer hard disk drive sensor technology in GMR (Giant Magneto-Resistive) read heads. Siemens claimed up to $1bn in damages, based on all Seagate hard drives shipping since 2000 using its patented technology. Subsequently this was reduced to $366m, which it calculated as a three per cent royalty on Seagate HDD sales of $12.2bn in the relevant period. The judge then restricted the damages claim to royalties on disk drive sales after November 24 2004, which amounted to $160m.


This is not a soft patent, but nonetheless, such a confrontation shows little innovative value; it's litigation and bureaucracy. It makes for hostile environments where solicitors are the main benefactors.

Recent Techrights' Posts

The Slop Presumption Rule
Tainting oneself can take one day
August 2026 Microsoft Layoffs Are "Secret Layoffs" or "Silent Layoffs"
It's all about secrecy, isn't it?
Newer Not Better: Treadmill Updates Cause Problems
after 2 years the un-updated machines still fine
 
GNU/Linux Exceeds 6% in Spain
In recent years the "market share" steadily grew from 3% to over 6%
Brazil: GNU/Linux Record High, 5%
On average, GNU/Linux has evidence of growth in many countries this summer
Amid 2026 Bing Layoffs Microsoft Share in Search Collapses
How much longer before Microsoft throws in the towel or rebrands again?
United Kingdom: GNU/Linux up to 7%, ChromeOS Another 5% (Total 12%)
further significant gains for GNU/Linux this month
Links 02/08/2026: Cheeto "Blurted Out Vile Plot to Censor ABC"; New York Times Fights 'Intimidation'
Links for the day
Why Techrights Will Still be Active a Decade From Now
Techrights will carry on for many years to come
We Are Witnessing the End of IBM
IBM cannot find growth by moving downwards, by lowering standards
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 01, 2026
IRC logs for Saturday, August 01, 2026
Gemini Links 02/08/2026: Older Books, Esperanto Music History, and Slop Making Things Worse
Links for the day
Sharing and Empathy
Be more like Stallman, not Linus
Fedora 'Community' Became 100% IBM Staff, Drawing Up Policies Like CoC and CoI (Where the IBM is Excepted From Conflict of Interest Policies)
IBM has in effect killed Fedora
Gemini Links 01/08/2026: Planner Season is Upon Us, Slop "Apocalypse", and USENET
Links for the day
Cuts at IBM, Allegedly More Shutdowns to Come, CEO Visits Complicit Media to Promote Lies and Products That Will Never Exist (Misleading Shareholders)
IBM is collapsing
Links 01/08/2026: GAFAM Falling Deep Into Trillion in (Secret) Debt to Keep the Slop Bubble From Popping Already, Anger Over "FIFA’s World Cup Privatisation Plan"
Links for the day
The Cyber Show on the Slop Bubble
new article about the implosion of the slop bubble
Links 01/08/2026: New York Times Trying to Inflate the Slop Pyramid Scheme (at Cost to Its Own Reputation) and "Iran Appears to Be Blasting Amazon Data Centers Off the Map"
Links for the day
Positive Political Momentum
Daniel Pocock is taken seriously by many people who contact us privately
Google "AI" is Plagiarism, the Case of Richard Stallman (RMS)
Why would anyone choose LLM slop over the originals, curated and fact-checked by domain experts?
SLAPP Censorship - Part 136 Out of 200: Lawyers That Get Paid to Mess About
They were already outnumbered and understaffed
Explaining That Software Patents Are Neither Legal Nor Desirable
Many of our readers work in the legal sector
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 31, 2026
IRC logs for Friday, July 31, 2026
Gemini Links 01/08/2026: Retirement, Bike Trips, Quake Stuff, Usenet Reborn
Links for the day
Links 31/07/2026: Microsoft Now Says Slop is Bad (LinkedIn Cracks Down on It), LinkedIn Narrows Down Size (No Expansion)
Links for the day
European Patent Office (EPO) Series: From Alicante to Munich: Another Smooth Ride
Campinos is intent on transforming what was originally envisaged as a temporary public office into his own permanent personal feather-bed
Daniel Pocock and the Important Observation About Threats of Cult-Like Behaviours (No Rationality, No Reason, Just "Mob Rule")
It's a threat to Europe's sovereignty
The "PIP Parade" of IBM's Lousy Management, Which Said "Blockchain" Was the Future
In a healthy company such a CEO would be punished for utterly wrong visions and predictions. Not at IBM...
SLAPP Censorship - Part 135 Out of 200: Limited Liability Partnership (LLP) That Does Not Disclose Financial Activities Before August
It certainly looks like they keep losing the remaining women that still exist in the firm
Links 31/07/2026: "Climate Cover-Up Continues" and Pesticides "Cook the Planet"
Links for the day
Datacentre 'Boom' Sceptics Aren't Luddites, They Recognise a Threat to Human Survival (Not Limited to Climate Change)
Archaeologists very well know that no species will survive forever
Microsoft's Claims Are Based on a Big Lie
the bubble is coming to its hard limits
Don't Lose Sight of the Impact of "End of 10" (Vista 10)
GNU/Linux has taken off fast
Microsoft's Debt Continues to Steadily Increase, Not Counting Hundreds of Billions in Secret/Hidden Debt
The mass layoffs will carry on, maybe labelled LITE
IBM is Circling Down the Drain, the 'Growth' Comes From Beancounting Tricks and Salary Cuts
IBM was down 2.17% yesterday
Microsoft's "Headcount" Distracts From How Big a Cull It Had This Month
It also speaks of numbers "[a]s of June 30" though the "buyouts" were effective July 1 and since then well over 10,000 workers have vanished
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 30, 2026
IRC logs for Thursday, July 30, 2026
Gemini Links 31/07/2026: Music, Journaling, and Longing
Links for the day