Bonum Certa Men Certa

Lesser Technical Dangers to the Triumph of GNU/Linux and Digital Freedom

Technical barriers banner



FROM a purely technical perspective, there is little or no reason why GNU/Linux-powered devices should cease to thrive. They could even become a de facto choice in consumer appliances for years to come. In turn, more broadly we might find desktop deployments that consistently use GNU/Linux as the platform of choice. The greater of barriers to this are more subtle though.



“More recently, Torvalds said he was becoming concerned about what he described as "external issues -- especially patents."”Linus Torvalds, the creator of the Linux kernel, keeps insisting that failing to compete based on technical merits, Microsoft resorts to fear, uncertainty and doubt techniques, sometimes going as far as intimidation. More recently, Torvalds said he was becoming concerned about what he described as "external issues -- especially patents."

This makes a classic case where legacy products are unable to compete, so laws and/or technical policies are being modified using sources of great influence while psychological games are being played. This alters the rules of the competition, rendering it a "moving goalposts" scenario which seeks to reverse the tipping point.

The discussion we present here takes a look at subversive tactics and shows what makes them possible in the first place. Such tactics can have technical superiority combated by other factors which enable existing software (notably Microsoft products in this context) to compete better, especially in a crowded market where software development, as opposed to support, gets more commoditised. Proponents of Free software are encouraged to aware of these factors because ignoring risk does not make it magically go away.



Patents

Patents were introduced under the premise that they would protect the 'small guy', whose invention can be stolen by 'the big boys', then commercialised and marketed too quickly for anybody else to keep up. The invention was of course a physical one. It was tangible. At the time, the patent office was somewhat of an 'anti-ripoff' system. Its purpose was not to stifle competition by sheltering monopolization but very much the opposite. The system was also selective and restrictive in terms of scope.

“It has a chilling effect on opportunities for startups.”Over the years, under increased pressure and lenience inside what had evolved to become an application-litigation ecosystem, patents became more fuzzy. Their original role was misplaced and they were incorrectly classified alongside intangible pillars such as trademarks and copyrights. It is hardly surprising that their new 'umbrella' -- typically referred to as "intellectual property" -- comes under a lot of ridicule nowadays. Some even consider this mixed bag a set of "intellectual monopolies" because grossly generalised ideas -- even thought -- can be owned by a company or an individual, who can lawfully charge a fee for sharing these. The ideas refer not to specific work but to general broad ideas, no matter how they are applied or implemented.

More recently, since some time in the 90s and only in few parts of the world, even knowledge pertaining to mathematics (think about software patents and business methods) could be owned by a person. It creates many unknown barriers and stifles development in science and technology. It makes programming, for example, a luxury of the wealthy. It has a chilling effect on opportunities for startups.

Just under a year ago, Microsoft began using vague patent claims as means of scaring away prospective users of GNU/Linux. It did so more aggressively than ever before. The company's strategy relied on the assumption that revenue can be maintained, restored or increased by imposing a 'tax' on revenue made by competitors. It may also repel customers from levied products. Overall, it seems rather absurd.

“Might we be seeing the whole patent system implode, primarily due to self-inflicted damage and serious deficiencies?”Ownership of generic knowledge, rather than actual development work, has been a controversial subject for quite some time, not to mention the passing (or purchasing) of that knowledge by those wishing only to use it litigiously. They are commonly referred to as "patent trolls".

One could reach the point of discussing another logical possibility. Might we be seeing the whole patent system implode, primarily due to self-inflicted damage and serious deficiencies? Familiarize yourself with the work of the open invention network for example. It is one possible solution, but it is worth considering ways of working around patents also.

There have been efforts to create algorithms which sidestep patent issues, such as the efforts which produced the Ogg format for encoding media files. Another barrier then merges because making these formats a standard, let alone a de facto standard, can be difficult. Many parties have vested interests in proprietary formats and patents, as the big controversy which involved Apple, Nokia, Ogg Vorbis and HTML5 has probably taught us.



Non-standards

There is actually a fine intersection between the issue of patents and the issue of standards. Universal standards exist to accommodate the need for free interoperability which mitigates patent issues or eliminates them altogether. Without standards, there is typically ownership of protocols -- a proprietary entanglement that leads to one vendor controlling many others. It is a question of decentralization.

“Buzzwords like 'innovation' may be used as an excuse to deviate from standards and obtain greater control over means of communication.”In a perfect world, open and free methodologies exist to facilitate a royalty-free exchange of information, such as the ones which made the Internet a wonderful thing based upon low entry barriers. In reality, however, there is a resistance to this, which is sometimes the result of selfishness, even greed. Buzzwords like 'innovation' may be used as an excuse to deviate from standards and obtain greater control over means of communication. It makes dependency, even a reliance. Examples include the use of Adobe Flash and Microsoft's ActiveX in public Web sites. This undermines the raison d'être and fundamental principles that made the Web accessible, indexable, portable and simplified enough for archival purposes.



Lobbying



To an extent, lobbying is related to the first and second points, namely standards and patents, at least in the sense that it sometimes brings them together. When governments do not prescribe standards, companies can take advantage and introduce patent-encumbered, vendor-specific, and sometimes DRM-laden ones as 'standard'. Government-imposed restrictions and policies often stand in the way of new disruptive technologies and those who write and rewrite the law serve as gatekeepers in the face of change. They essentially serve as 'agents of status quo'.

“They essentially serve as 'agents of status quo'.”Lending a hand to issues around patents and standards, lobbyists are also involved in the process of making patent law and restrictions (e.g. requiring secret code for media playback). Watered-down bills and procurement which is not open for bidding (no tender) are another serious issue. We saw plenty of this even in the ODF/OOXML debate, which ceased to be technical although it should have been all along.

Lobbyists sometimes use a personal perspective, which is seen as self-serving (serving those whom they are paid by). There is plenty of evidence out there about DRM disinformation, for example, getting used to pass laws around the world, disguising the need for stubborn vendor lock-in as an elixir to copyrights infringement.



Competing Free Software Projects

Of course, as always, competition plays a role. Although GNU/Linux came under the most legal scrutiny in the past year -- no matter how imaginary or spurious this scrutiny has been -- other similar projects such as Hurd (part of the GNU operating system), OpenSolaris and BSD do exist to serve similar needs. They needn't be seen as a threat because there is a great deal of intersection between the projects and their licensing terms permit a fair deal of exchange in terms of code. Hostility between the projects remains a danger. It's a social barrier to be avoided because the projects can share space while there is plenty of market up for grabs.

“No battle is won without a fight and those who lose to GNU/Linux never rest on their laurels.”A fortnight ago, Microsoft's CEO reluctantly admitted that Linux is the biggest competitor to Microsoft. Not Sun Microsystems, not Google, not IBM and not even Apple was the primary concern in Steve Ballmer's mind. It seems to be the great momentum enabled by free software licences such as the GPL that Microsoft is most allergic to (i.e. afraid of).

Looking ahead, GNU/Linux will continue to evolve very fast. No other highly-distributed programming project thrives in development by a group so large and so highly motivated. It has become apparent, however, that some of the challenges to address along the way are more than just technical. It is important to be aware of them and respond to them appropriately. Embrace standards, favor Free software, antagonize software patents and keep a close eye on attempts to change the law. No battle is won without a fight and those who lose to GNU/Linux never rest on their laurels. They only make it seem that way in order to create apathy and unawareness of looming response. Secrecy can sometimes be predatory.



Originally published in Datamation in 2008

Recent Techrights' Posts

Search @ Techrights: Almost There Now (Maybe an Anniversary Gift)
Just to be very clear, search would not be unprecedented at Techrights
At IBM, Layoffs Start at 1AM (at Night)
not a single English-speaking site covers the news about the layoffs
Envy Makes People Do Self-Harming Things (and Harm to Others)
Online communities that can be deemed successful are built around trust, mutual respect, and collective accomplishment
What Julian Darley Wrote About the Stallman Talk Regarding "AI" in Oxford (2025)
From LinkedIn (Microsoft)
"All truths are easy to understand once they are discovered; the point is to discover them." -Galileo Galilei
This site is educational
Many People Have Said That They "Leave" IBM in Recent Days (Ahead of Mass Layoffs)
So the real extent of layoffs is greater than what's publicly stated (there are silent layoffs) [...] Whatever IBM says about the scope, scale, or magnitude of the "RAs", it doesn't tell the full story
Techrights Will Contact German Media About the EPO's Substance Abuse
This scandal won't "go to waste"
The Rumour Was True, Mass Layoffs at IBM Today
How widespread the layoffs are (or how they're disguised, e.g. PIPs) is hard to assess
 
Richard Stallman's 2005 Article on Why Patents on Software Should be Denied
If patent law had been applied to novels in the 1880s, great books would not have been written. If the EU applies it to software, every computer user will be restricted, says Richard Stallman
"Last Day" at IBM and Red Hat as "Stealth Layoffs" (They Force People to Pretend It's Wilful)
So the real extent of the layoffs is being kept 'undercover'
Slopwatch: The WebProNews Slopfarm and the Serial Slopper
The Web is ill
Links 04/11/2025: Tensions Around Belarus Grow, Turkey’s Hype-inflation Continues
Links for the day
Corporate Media That Fails to Report Cocaine at EPO is Totally Failing to Report Mass Layoffs at IBM
How come nobody anywhere writes about this week's RAs?
Links 04/11/2025: Google Cloud Account Engages in Censorship of the Innocent, arXiv Spammed by LLM Slop
Links for the day
EPO Cocaine Chronicles: Our Aim Will be to Ensure This Becomes a Mainstream Media Topic, Not a Suppressed Scandal (Which the German State Deems Embarrassing and Detrimental to Its Pan-European Patent Franchise)
At the EPO, and perhaps in German media as well, people "fall upwards" (they get rewarded for bad things)
Static Site Generators (SSGs) Made Techrights Better, Faster, Easier to Manage
Consider adopting SSGs if you still use a CMS such as WordPress
But he Was Born in Manchester! (Origin Stories)
Borussia Dortmund does not exist!
GNU/Linux is American, Not Finnish
It started in Boston, not in Helsinki
'Hacker' 'News' Makes Dumb Assertions Against Smart People
A logical fallacy
We Turned Down Every Settlement Offer Because Truths Aren't Determined in Bank Accounts
Without free press, there won't be free society
Why I'm Always Proud of the Site I've Devoted My Life to
As a graffiti around the corner from our home says, "be a better person"
Standing Up or Standing for What's True But Inconvenient
Bad actors need to be called out
Media Coverage Regarding IBM is Vapourware and LLM Slop
With slop images, too
statCounter Says GNU/Linux Rose to 4% in the Russian Federation
Adoption of Vista 11 has been embarrassingly weak
Corruption is Not a Joke
we'll try to limit our use of humour to avoid misunderstandings or misinterpretations
The Slopfarm WebProNews is Overwhelming "linux" Results in Google News
Google News is slop
The Fall of IBM: What Happened?
Just like the EPO continues riding some old reputation acquired in the 1970s IBM relies on old myths like, "nobody gets fired for buying IBM."
IBM's CEO Already Has the Excuse for the Latest Wave of Mass Layoffs
Only days ago the CEO told a bunch of nonsense
Links 04/11/2025: Conflicts, Politics, and IPv6 at Home
Links for the day
Gemini Links 04/11/2025: Entering WiFi Passwords and Programming Rambles
Links for the day
Arch Linux Seems Like the New Debian
Arch users (btw!) are growing in relative and absolute share
Analytics From US Government Affirm a Trend: Microsoft's "Market Share" in Search is Falling
the data set is large
Holding Institutions Such as the EPO Accountable Through Public Information
Speaking truth to power is never easy
EPO Staff Losing Holidays, as Usual, as the Office Increases Profits by Illegally Granting Invalid Patents While Reducing Salaries
How much more can the staff endure and generally tolerate?
Free Software Does Not Always Speak for Itself, It Needs Advocates
Legal matters that relate to sharing of code will be discussed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 03, 2025
IRC logs for Monday, November 03, 2025
The Register MS Continues Looking for Money in Promotion of the "AI" Ponzi Scheme
That The Register MS participates in this deceit rather than tackle/debunk it says a lot about The Register MS
IBM Layoffs in "Software", This Likely Impacts Red Hat as Well
Many people say "software" people are impacted
Escaping Proprietary Software, Not Just Escaping Microsoft
To take control of your life adopt GNU/Linux
A Lot of Fake News About Microsoft Headcount (Also: Microsoft's Debt Rose by About 24 Billion Dollars in Past 12 Months)
If you see some headline about Microsoft's CEO making claims about hirings, look away
Techrights Turns 19 in Three Days
It would be nice to meet for a chat
Akira Urushibata on How Grokipedia Fails to Work
The Grokipedia article gives the wrong character for the "Ko" on "Koan"
Links 03/11/2025: Data Breaches, Wars, and Digital Censorship
Links for the day
Gemini Links 03/11/2025: Poetry, Old Androids and Small Shells
Links for the day
Links 03/11/2025: Internet Anniversary
Links for the day
Two Years of Uptime
Reboots are seldom involuntary
Richard Stallman is Giving Another Talk in Less Than a Fortnight
in two weeks' time (13 days from now)
Windows Falls Below 20% in the UK
Many people choose to leave Windows altogether
Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
what can Microsoft sell other than shares in Microsoft?
Evidence Regarding Layoffs at Red Hat
Seems like IBM layoffs
Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
Hallmark of pseudo-economics
GNU/Linux as a Boarding Pass
being mostly analogue is still feasible
Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
Links for the day
Gemini Links 03/11/2025: Books in October and Change
Links for the day
Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
The Web has become monocultural
Debian is Non-Free
Devuan might be worth looking into
Slopwatch: Brian Fagioli and LinuxSecurity
This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
Today we expect to be back to a more-or-less regular publication pace
Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 02, 2025
IRC logs for Sunday, November 02, 2025
Microsoft's Debt Has Skyrocketed by More Than 15 Billion Dollars in 6 Months or 8.2 Billion Dollars in the Past 3 Months Alone
The corporate media intentionally disregards - or merely turns a blind eye to - such data
Rumour: IBM Layoffs in Canada Starting Tomorrow
"RA (IBM's term for layoffs) Coming to Canada this week (Nov 3rd)"
Debunking False/Misleading Statements Made or Told to the High Court
People who try to cheat the system by gaslighting judges will end up discrediting themselves
Fear, Uncertainty, Doubt (FUD) by LLM Slop
The Web has become such a sordid mess that this FUD made by bots is what Google News deems to be "the news"
This Month's Analytics Show Vista 11 Down, GNU/Linux Up
After pulling the plug on Vista 10 we see losses - not gains - for Vista 11
Almost Fully Caught Up
The EPO series will continue very soon, maybe tomorrow or on Tuesday
Links 02/11/2025: Another Halloween Bust and MAGA Regime Says Public Universities Should No Longer Hire 'Foreign' Employees
Links for the day
The Long-Coveted Milestone of 3,200 Active Gemini Capsules
Despite being away some days last week, about 50,000 Gemini requests were served each day, on average
Five More Days Till Techrights Party
We'll have many more batches of Daily Links as we catch up with a 'backlog' of news
Links 02/11/2025: More Nuclear Escalations and "Anti-Cybercrime Laws Are Being Weaponized to Repress Journalism"
Links for the day
Gemini Links 02/11/2025: "The Pragmatic Programmer", Perl New Features and Foostats
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 01, 2025
IRC logs for Saturday, November 01, 2025