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

LLM Slop is Not Reliable, Constitutes No Process of 'Thinking'; There's No Thought Process at All, No Grasp or Understanding, Let Alone Context
Lies have become the "business model" [...] More people ought to talk about it and explain to other people what LLMs really are
Not a Security Expert If You Cannot Manage to Keep Online a Simple Two-User Mastodon Instance Somebody Else Built
From uptime of ~99% to maybe 80%
Microsoft Has All the Symptoms of a Dying Company (Mass Layoffs of the People Who Built the Company)
the company's debt is going through the ceiling
For Effective 'Finlandisation' (Not Digital Sovereignty) to Be Replaced by Autonomy Finland Needs to Think Like GNU (Software Freedom), Not Linux (Openwashing Source, Plus LLM Slop and Killswitches)
What is 'Finlandisation'?
IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
 
Links 15/05/2026: Electric Company Shuns Entire Town to Prioritise Only Data Centres, Saudi Arabia and U.A.E. Carried Out Secret Attacks in Iran
Links for the day
Focus is Important, Focus is Everything
We are still running 6 multi-part series in tandem
Guest Post on False Marketing and PR Blitzes by Anthropic
A lot of people my age are just tired of the nonsense
Links 15/05/2026: UK antitrust regulator is officially investigating Microsoft Office, Anthropic’s Fraudulent Lies About Mythoslop Don't Withstand Scrutiny
Links for the day
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026
Links 13/05/2026: Sudan War Enters Fourth Year and Strait of Hormuz Leaves Safe Passage a Gamble
Links for the day
Gemini Links 13/05/2026: Useless Protests and Foofaraw on Geminispace
Links for the day
Mainstream Media: Microsoft Says No Layoffs. Microsoft: OK, There Are Layoffs.
Where is Waggener Edstrom/Frank Shaw now?
IBM's Kyndryl Down Almost 20% in 5 Days, IBM Down 35% in About 6 Months, Further 'Staff Reductions' at Red Hat (Problems Paying Salaries!)
Will this year's festivities be Krishna's last?
More Mass Layoffs at Microsoft, Only Weeks After the "Buyout" Nonsense (Glorified Severance to Highest-Paid American Staff)
Next up it is LinkedIn
IBM is in a Freefall, When Will IBM's CEO Fall on His Sword?
Since he controls the Board, is anyone in a position to fire him?
At GitLab, "AI" is "All India"
It says "as much as 30%," but they also hire and it's clear what demography is targeted
Verified Accounts of Microsoft Offering 'Retirement' (Layoffs) to People in Their 40s, Over Two Decades Earlier Than Retirement Age
It's not even about performance, it's about age (or "cost" as well as location; they cheapen the labour)
Links 13/05/2026: Slop Turns Into 2008-Style Subprime Bubble, Mass Layoffs at Starbucks
Links for the day
They Don't Like the Layoffs, So They Are Rebranding Them
Layoffs are layoffs
IBM Downgraded as the Shares Sink to New Lows
The current strategy of IBM is financial engineering, wage reductions, and mass layoffs that the corporate media refuses to even write about
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 12, 2026
IRC logs for Tuesday, May 12, 2026
Gemini Links 13/05/2026: TUIs and Internet Radio
Links for the day
How the European Patent Office Became a Crime and Corruption Hub, One of Europe's Biggest
incomplete outline