Bonum Certa Men Certa

Microsoft's “Burning The Ships” is Corporate Patent Propaganda (and How Novell Helps It)

Summary: Preliminary remarks on the motives of a new book and some more patent news

Stupid Book



EARLIER ON IN THE DAY we wrote about Ina Fried's little Microsoft placement, which glorified the company's patent strategy against Free software. Now that Mary Jo Foley (who is usually more moderate and less of a Microsoft mouthpiece) has finally looked at Microsoft's book and had time to make up her own mind, this turns out to be just what one ought to expect: a 186-leaf 'whitepaper'.



While Microsoft may not have directly funded this book, it gave the authors access to its execs — everyone from Gates to Senior VP and General Counsel Brad Smith, to a number of Microsoft public-relations folks. Phelps still works at Microsoft as Corporate Vice President for IP Policy. So calling this book “unauthorized” is quite a stretch.

[...]

I haven’t read the full 186 pages of The Ships yet. But what I’ve skimmed so far makes me feel like I’m reading yet another Microsoft white paper or press release, not any kind of a behind-the-scenes tell-all. I’d be interested in hearing how some of the OEMs and other licensees of Microsoft’s patents feel about the way the authors characterize the IP licensing deals mentioned in the book….


Speaking of "other licensees," Microsoft has just signed up another ActiveSync victim, just like it did with Xandros. It even mentions Xandros by name in the new press release about Gecad.

Over the past few years, Microsoft has entered into Exchange ActiveSync licensing agreements with Apple Inc., Big Bang System Corp., DataViz Inc., Google Inc., Helio LLC, IXI Mobile (R&D) Ltd., Nokia Corp., Palm Inc., Remoba Inc., Samsung Electronics Co. Ltd., Sony Ericsson Mobile Communications AB, Symbian Software Ltd. and Xandros Inc.


Andy Updegrove wrote a good article last week. Therein, Updegrove explained how Microsoft had been stringing such patent deals together to justify them and persistently pressure the next victim until submission. This string of patent deals was kick-started by Novell and then marketed widely by both Microsoft and Novell. Soon enough, Microsoft found some new victims like Xandros, Linspire, and Turbolinux. It's part of a bigger plan

“This string of patent deals was kick-started by Novell and then marketed widely by both Microsoft and Novell.”The book just published is therefore intended to continue the marketing campaign whilst Microsoft lobbyists sing praises of Microsoft's mighty "IP" and how everyone must respect it despite the fact that Microsoft never respected anyone else's ideas and inventions.

We've learned that the publisher of “Burning The Ships” also sends SJVN a complimentary copy of the book. But why? Steven will hopefully not be brainwashed by it.

The newly-published book is likely to be filled with spin or saturated with revisionism because a truthful book would concentrate on and describe failures of Phelps to sign the patent deal Microsoft really needed -- the one with Red Hat. Peer reviewers of this book appear to be Microsoft executives -- primarily those who think of terms of law and have professional background in the subject.

Lastly, the book also sells the impression that Microsoft is changing. Just think about the title of the book. It's a serious lie to say that Microsoft has changed or evolved (or is "burning old ships"). Microsoft uses Novell to market itself and sell the false perception that it encourages interoperability (whilst suing TomTom over FAT in Linux).

Yesterday in the news we found this from a Microsoft executive who uses Novell to market Microsoft technologies and sell the bogus image Microsoft craves to deceive the public with.

[Microsoft's] Paoli: We also collaborate with our competitors — EMC, Novell, SAP and Sun, for example— to help solve the interoperability challenges of our mutual customers. Take Novell, for example. Microsoft worked with Novell to enable Moonlight, an open source implementation of Silverlight for the Linux operating system. Moonlight gives Linux-based users access to Web experiences that incorporate video, animation, interactivity and stunning user interfaces. It will be provided as an open source plug-in for the Firefox Web browser. In fact, an early version of Moonlight was used in January to stream President Obama’s inauguration ceremony.


Stupid Patents



It is reassuring to see that patent unrest is growing. IEEE Spectrum, for example, has just published "The Death of Business-Method Patents" and it mentions software patents too. [via Digital Majority]

The problem is that all software ultimately reduces to mathematical operations, yet only some software controls actual stuff, like the baking of rubber. If the rest is merely math and therefore unpatentable, does that mean we must deny patents to all software that runs nothing but itself?


Over in the South African press, the idea of patenting in general -- and software in particular -- is being slammed based on a famous corollary from Newton and the success of the World Wide Web, being a spectacular reference example of a democratising force.

Berners-Lee himself was motivated by the desire to be able to share and collaborate on ideas with other scientists and researchers. He worked on the notion of combining the concept of hypertext with the Internet, and the rest, as they say, is history.

The interesting thing about all of this in today's world of digital rights and software patents is Berners-Lee let his creation loose on the world, with no intention of claiming ownership, royalties or patents. Thanks to this, others were able to build on his ideas and give us the WWW we enjoy (and profit from) today.

Had Vannevar Bush claimed “prior art” for his ideas or Berners-Lee felt a tad greedy, we might be looking at a very different technology landscape in 2009. Most technology, whether it's a hammer with a claw attached or a nail-file-clipper combo are converged versions of several ideas. With the ongoing debate about who's using whose code and whether or not they should be paying for it, maybe it's time to take a step back and look at the mentality of the guys who got us here today. Driven by a desire to share learning and collaborate with others, they saw a bigger picture. Maybe we should do the same.


Stupid WIPO



Glyn Moody keeps abreast of these matters as well. He too realises that software patents are a hot topic right now (and not in a good way).

Finally, the World Intellectual Property Organisation (WIPO) is also looking at the whole area of patents. Particularly significant is the explicit consideration of “Exclusions from Patentable Subject Matter and Exceptions and Limitations to the Rights”, which mentions programs as one such area that might be examined.

It's hard to tell whether good or bad will come out of these initiatives, but it's clear that software patents are a hot topic at the moment.


The FSFE is doing what it can to make impact on (mis)understanding of software patents inside WIPO, which considers Free software to be illegal. [via Glyn Moody]

FSFE believes that its systematic considerations should be taken into account for and put in perspective to the reports. In particular the economic rationale for the patent system should be taken into account and reflected for the considerations of document SCP/13/3, the report on exclusions from patentable subject matter and exceptions and limitations to the rights.


We wrote about WIPO many times before [1, 2, 3, 4]. It is run by companies in the sense that funding and people come from companies, so to assume there are purely ethical and logical considerations at play would simply be naïve. But that's exactly the Geneva-based establishment which the FSFE is addressing here. Coincidentally, FSFE was conceived in Switzerland (see correction at the bottom) and so was ISO, which got corrupted by Microsoft.

Last but not least, regarding the patent 'reform' bill that's a farce, there is something happening right now which may impact and probably reinforce this broken 'reform'. Results from the Tafas v. Doll appeal come into play.

The conflict stems from a set of rules that the USPTO tried to put into effect in 2007. These would have limited patent applications to five unique claims and 25 total claims per invention, versus the historic lack of limit. Among other things, they would also have restricted the number of requests to reconsider a decision to reject a patent application as well as the number of continuations, or chances to effectively amend a patent application already in process. (Additional continuations would have been theoretically possible, but only with special permission and filing of additional paperwork that experts say could open the patents, if granted, to additional avenues of attack from competitors.)


Stupid Future



In a perfect world, engineers -- not lawyers -- would choose their own destiny. But as long as many administrative roles, governments included, are mostly occupied by lawyers, it will simply be too difficult to ignore, let alone to change the rules. Remember the Golden Rule: those with the gold will make the rules.

"Geeks like to think that they can ignore politics, you can leave politics alone, but politics won't leave you alone."

--Richard Stallman



Woman novell



Correction from Georg Greve (26/03/2009): "FSFE was not incorporated in Geneva or Switzerland. FSFE was initially incorporated in Hamburg, Germany - and has always been a charitable registered German association. See http://fsfeurope.org/about/legal/constitution.en.html for the legal statutes registered in Germany.

"That said, we do have an office in Zurich, Switzerland, which also constitutes the basis for our charitable status in Switzerland. This is a useful base for the Freedom Task Force, and allows me to go to Geneva with a simple train ride.

"Another reference that's potentially useful - FSFE's project page for the WIPO work is at http://fsfeurope.org/projects/wipo/ and contains lots of materials and references about the work we've been doing."

Recent Techrights' Posts

Investigative Journalism Protects Society From Corruption, Crimes Against Women, Assaults on Civil Society
"what is the point of men doing military practice to defend a system that is so rotten?"
Swiss pimp usurping reputation of legendary Tissot boss Francois Thiébaud from France (BaselWorld, SWATCH Group SA)
Reprinted with permission from Daniel Pocock
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Richard Stallman to Give Public Talk in 3 Hours, Then in the Technical University of Munich (Germany) Next Week
Richard Stallman at TUM on 21.10.2025 18:00, MW2001
Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
 
The EPO's War on Techrights Was a Massive Mistake
The EPO started the SLAPPs after we had published a few hundreds of articles; we've since then published close to 6,000 because the attacks on us emboldened insiders to help us
General-Purpose Computers to Become Growing Area of Coverage
Without them, we have little left for controlling our lives
"They missed a great opportunity to shut up." -Jacques Chirac
Brett Wilson LLP has been trying to cheat the legal system many times
Harassment evidence: Switzerland, overcrowded fitness and yoga centers, incompetence and racism in accident response
Reprinted with permission from Daniel Pocock
Vincent Danjean & Debian NXIVM collateral, blackmail risks
Reprinted with permission from Daniel Pocock
In Sweden This Past Friday Richard Stallman Explained Why Copyleft is Important
And he didn't have to 'bash' BSDs, either
Dystopian Trends in Technology Make Richard Stallman More Relevant Than Ever
It's good to see him attracting vast audiences
IBM Layoffs Due to a Lack of Money and Company Debt Rising by Almost 10 Billion Dollars in 6 Months
IBM didn't buy Red Hat for any ideological reasons; it was a fast "cash grab" for revenue
Forbes Already Stopped Being a News Sites. Now It's a Spam and Propaganda Platform for "Paying Partners" (Companies).
news from Forbes became very scarce
Is the Second-Largest Institution in Europe (EPO) Gradually Becoming More Like a Sweatshop?
Underpaid, unqualified, inexperienced and incompatible people are already recruited to replace veteran examiners
The Register MS Has No FOSS Coverage Anymore
The Editor in Chief is like a Microsoft plant
Links 13/10/2025: "Toasty Subwoofer" and WiFi Speakers "Are About To Go Dumb"
Links for the day
Gemini Links 13/10/2025: iNaturalist and Tove Jansson’s Moominpappa at Sea
Links for the day
Microsoft Does Not Deny That Large Retailers Like Walmart, Costco and Target Are Giving Up on XBox (and Not Stocking It)
No doubt XBox is in trouble and rumours suggest that more mass layoffs are imminent
We'll Encourage Richard Stallman to Talk About Software Patents at the EPO Next Week When He Visits Munich (EPO Headquarters)
Go listen to Richard Stahlmann
Arnaud Parreaux lost case defending rogue employer
Reprinted with permission from Daniel Pocock
Mathieu Elias Parreaux declared bankrupt in Switzerland
Reprinted with permission from Daniel Pocock
Breakdown of the Rule of Law and Patent Law in the European Union (EU)
The EPO cannot recruit suitably qualified patent examiners this way, let alone retain them
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025
The Same People Who Attacked Richard Stallman (RMS) Are Attacking Daniel Pocock to Discourage People From Listening to His Information
Pocock is being demonised for the same reasons and by the same people who attack RMS
Your Typical Anti-Richard Stallman (RMS) Cancellist
"About the RMS cancellation"
Richard Stallman (RMS) Has Announced His Talk in Rome Less Than 20 Hours in Advance (and on a Sunday)
Why did he wait until the night before?
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
GNU Tools Cauldron Event in Portugal: Videos Now Available via Invidious
Go have a look
The Way Things Are Going, They May Soon Stop Saying "Web Address" and Instead Say "Chrome Address"
The Web isn't built or based around open Web standards anymore. It's centered around user-agent.
Microsoft as a Golden Cage
"I was laid off by Microsoft and can't find a job. I'm weeks away from giving up my apartment and moving across the country to live with family."
Weekend Discussion About How IBM's Bluewashing of Red Hat Will Cause "Enshittification" for Users
"I worked at a software company that was acquired by IBM so I knew it was game over for RedHat the day they were acquired"
Brett Wilson LLP Getting Sued by Its Very Own Clients, a Legal Story That Has Made the Mainstream News (Law360)
Law360 or Law.com are about as mainstream as one can get in that "sector" (litigation 'industry')
Slopwatch: GNU/Linux Sites That Became Slopfarms and Spamfarms
The Web is a mess and "Linux" or "Ubuntu" sites became part of the problem
Richard Stallman's Talk 25 Hours Away, Aula Magna Palazzo del Rettorato (CU001), Sapienza Università di Roma (Piazzale Aldo Moro, 5)
The talk is 25 hours away and we see some QR code for it
Gemini Links 12/10/2025: Watches, the Depression of 2026, Gamboling with Odds
Links for the day
Links 12/10/2025: 'False' DMCA Claims and Slop Facing Perils Again (the Hype Wears Off)
Links for the day
Microsoft Has Just Lost Privacy Case in Austria and Its Latest Moves Make a Complete Ban Seem Imperative
Microsoft is not a software company, it's a spying agency that uses software to collect data
The Register MS: Microsoft is the Security Expert, Not the Prime Culprit, So Buy More Microsoft
This front page feature is devoid of any actual substance, it's just Microsoft copypasta
Stefano Zacchiroli (Zack) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Lucas Nussbaum & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 12/10/2025: "Palm Computering", Further Exploration of Slide Rules, and Key Takeaways from The Well-Grounded Rubyist
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 11, 2025
IRC logs for Saturday, October 11, 2025
Tomorrow: Founder of the Free Software Foundation and of GNU/Linux, Richard Stallman, Speaks in Roma (Rome), Italy at 4PM
GNU/Linux is more important than ever in this dystopian world
Microsoft and Apple Are Rare Topics in Geminispace
in Geminispace it's rather safe to assume everyone is into BSD, GNU/Linux, and sometimes retro
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
The Demise of Shopping in Person
In a world like this, how valued is the customer?
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025