Bonum Certa Men Certa

Patents Roundup: OIN, ESP, Microsoft and Apple

Novell soup



PATENTS -- and in particular software patents -- have become an important issue to Free software. That is because, having already shown superiority in many areas (e.g. Apache on the server, Firefox on the client side), Free software faces injurious intimidation from miserable companies that -- failing to compete based on technical merits -- resort to litigation or preemptive threat (FUD). Here are some of the latest tidbits to be aware of.

OIN and ESP



The OIN takes a very different approach to that of End Software Patents (ESP). The former uses the patent system to defend against certain software patents, whereas the latter seeks to abolish software patents altogether. OIN is mostly backed by companies that possess software patents (large corporations), whereas the latter caters for small players which long ago realised that this system only serves as a gatekeeper for status quo -- one that keeps competition out of the market. It's not even about Free software; any small played is equally vulnerable and stifled regardless of its attitude towards Freedom. As Marco Schulze from Nightlabs Gmbh put it, "small software companies cannot afford to go to court or pay damages. Who is this software patent system for?"

Digital Majority has found something rather interesting. About RMS and his work, said head of the OIN:

Because of the legacy of Richard Stallman in the, when you're trying to drive a new paradigm it almost requires a certain level of extremism and I think, you know, so I am not in any way saying that Richard Stallman's view was a defective one given the times but I think a more balanced view that we now have the benefit of time and being able to adopt and take is that it's not about throwing the baby out with the bathwater, all intellectual property is not bad and to be rejected by the open source community. I am not anti patent, I am clearly focused on improving the quality of patents and ensuring that there is greater granularity in what ultimately does get granted by the patent and trademark offices around the world so that the patent system is back to what it was designed to be.


This is why companies like IBM call it "Linux" and distance themselves from a doctrine of ethics (GNU). They quietly cherish intellectual monopolies on software, despite the fact that there is something inherently flawed in them. The South African press has just published an article which recites the words of Geraldine Fraser Moleketi.

In March 2008, the Third Idlelo Conference on Free and Open Source Software and Digital Commons was held in Dakar, Senegal by the Free Software and Open Source Foundation for Africa (FOSSFA). South Africa's then Minister for Public Service and Administration, Geraldine Fraser Moleketi, stated: “The adoption of open standards by governments is a critical factor in building interoperable information systems which are open, accessible, and fair and which reinforce democratic culture and good governance practices”. The minister further said patents are “exclusive and anticompetitive in their nature” and there is no reason to believe society benefits from monopolies granted on computer program inventions.

It seems clear there is some disunity within government and its agencies, when the Innovation Fund through its funding instruments is urging the filing of patent applications in the ICT sector to enhance economic growth and competitiveness, while on the other hand a government minister suggests that patenting of computer program inventions is undesirable.


Details about this can be found in Tectonic and the video right here in Boycott Novell. We also recommend the new talk from Ciaran O'Riordan regarding software patents. There is a bunch of points in his Web site as well. Georg Greve claimed the other day that "UMTS patent thicket [is] amounting to 10.000 patents, according to France Telecom/Orange."

Who benefits from this sordid chaos? It is a big maze of unnecessary complexity.

Microsoft and Apple



Someone has found this good page which accumulates information about Microsoft and software patents. Here is a good sample of the type of things Microsoft wants a 20-year monopoly on.

There are many patents held by Microsoft which should have been denied due to the existance of prior art or because they're self-evident and are not true inventions as defined by U.S. patent law:

* Double-clicking a button (6,727,830) * Grouping task bar buttons (6,756,999) * Two-way scroll mouse (6,700,564) * Task list generated for software developers (6,748,582) * Using the human body as a conductive medium for power and data (6,754,472) (much prior art done by research labs) * The equivalent of the sudo Unix command (6,775,781) as old as at least 1980


Mary Jo Foley discusses the novelty of multi-touch because Apple and Microsoft both claim ownerships in the area, despite the fact that neither has really been an inventor. As Bill Gates once said in reference to Xerox (probably the pioneer/inventor of touchscreens too), "Hey, Steve [Jobs], just because you broke into Xerox’s store before I did and took the TV doesn’t mean I can’t go in later and steal the stereo."

The multi-touch patent game: Who was first?



[...]

While Apple and Palm have tussled over who “owns” multi-touch, Microsoft has kept surprisingly silent.


Apple's obsession with weird patents has gotten the wrath of The Register yesterday. It was having loads of fun on April 1st.

Another subsection of the filing lists an "electronic device for the inculcation of data-denial modalities among front-line liveware". This iPod-like device can be securely locked into a trainee's ear canal, where it will repeat an infinite loop of denial vocabulary until switched off by a prequalified Apple HR officer.


Another joke came from the FFII:

FFII and EPO announce 'Binaries-As-Prior-Art'



After years of confidential work, the European Patent Office (EPO) and the Foundation for a Free Information Infrastructure (FFII) today announce a radical way to improve software patent quality: Binaries-As-Prior-Art, or BAPA. BAPA combines a database of billions of compiled computer programs ("binaries") with a powerful Cloud search engine that can find any invention in microseconds.


There is nothing funny about an utterly broken patent system, but good humour on this special day sheds light on obvious problems; it contains or brings out an element of truth.

Recent Techrights' Posts

Maintenance Reminder
We'll carry on publishing
EPO "Cocaine Communication Manager" - Part VIII - Mobbing and Silencing of Dissenting Staff
that's the very cornerstone of functional democracies with real opposition parties
Reader Shares Recent Memes on Slop and 'Coding' by LLMs
"just some funny memes I thought were relevant to current coverage."
Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
SLAPP Censorship - Part 17 Out of 200: A Long Track Record of Online Abuse, Then Choosing a Low-Cost Law Firm to Muzzle People Who Have Illuminated This Abuse for Over a Decade
Censorship by targeting ISPs and webhosts isn't unprecedented
 
SLAPP Censorship - Part 18 Out of 200: Third Parties Funding Attacks on the Messengers, Lawsuits Against GAFAM-Critical Voices That Uphold Real National Security
Women are like kryptonite to them
Never Trust People Who Write Their Own Wikipedia Pages (Vanity Pages About Themselves) or Ask Friends to Do So. Also: Jono Bacon is Married to Microsoft.
We'd hardly be the first to point out Wikipedia isn't what it seems
No Tolerance for Attacks on Family Members
Being a Free software activist ought not lead to "collateral damage" like attacks on family members, including doxing
Sirius Open Source is Just a Zombie Firm With Shell Entities
Many companies fake their health and their size
Communities Can Only Survive When Trust Prevails
PCLinuxOS is still a vibrant and authentic community
Techrights Was Always a Community Site
The harder we're attacked, the more people participate in the site
Behind the PR Smokescreen and Microsoft-Sponsored Chaff, Microsoft Layoffs in "AI" Alleged This Month
In an age when ~1,000 simultaneous layoffs aren't enough to receive any media coverage, what can we expect remaining publishers to tell us about Microsoft layoffs in 2026?
Bluewashing at Confluent: Some Workers to Leave Within 3 Months (IBM Mass Layoffs)
Is the "era of AI" an era when none of the media will mention over 800 layoffs? [...] There's a lesson here about the state of the contemporary media, not just IBM and bluewashing
Microsoft OpenAI, Drowning in Debt and Forced to Make Significant Cuts (as Reports Reveal This Month), Does Hiring Disguised as "Takeovers" to Fake Value or Alleged Potential
Remember what happened to Skype last year
Slop Does Not Replace Art, It Contaminates Everything With Reckless Nonsense
many Computer Scientists do not want programs to get contaminated by slop
Coders Don't Just Reject 'Vibe Coding' Because They're "Luddites", They Just Know the True Cost of Slop
if some programmer says slop sucks, don't rush to assume selfishness or defence of one's occupation
When Nobody Else Covers the News
There's an obvious "media blackout" regarding the mass layoffs
Links 21/03/2026: David Botstein Dies, Slop as Censorship Apparatus
Links for the day
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026
Plagiarism in "Linux" Clothing (LLM Slop in linuxiac.com, LinuxTeck.com, and linuxsecurity.com)
The net effect of those slopfarms is very negative
Links 20/03/2026: Facebook Weaponised Politically, Openwashing by LF and NVIDIA, Encyclopedia Britannica Sues Microsoft Proxy for Plagiarism
Links for the day
The EPO's Local Staff Committee Munich (LSCMN) Explains to the Administrative Council (AC) How Bad Things Have Become at Europe's Second-Largest Institution, Biggest Patent Office, and Corruption/Cocaine Hub (Jobs Sold to Friends)
We'll say a bit more tomorrow
IBM's Red Hat Diversity: Only 3 Women (Out of 11 Leaders)
For comparison's sake, the FSF is about 50% female
Symptom of Publishers Dying: They Move to Adopt Slop. Symptom of Software Companies Dying: They Move to Adopt Slop ('Vibe').
It'll always fail. It's hype. It's a bubble.
Under IBM, Red Hat Replaces Code With LLM Slop, Fedora is Slopware
Not even hiding it, those things are in plain sight
Gemini Links 20/03/2026: Depictions of Culture and The Social Smolnet
Links for the day
SimilarWeb Was Never a Reliable Yardstick for Traffic
5RB may need some "house-cleaning"
Strangulation, suffocation, Jonathan Carter & Debian toxic culture confirmed
Reprinted with permission from Daniel Pocock
Reports or Hearsay Suggest Ogilvy Broke Up With IBM and Insiders Report Mass Layoffs in "Infrastructure" (Might Impact Red Hat Entrants)
hearsay in Social Control Media
Scheduled Server Maintenance Tomorrow Night
Starting 9PM
None of the Above (NotA) & Debian snubbing Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 20/03/2026: Cryptography Pioneers Win Turing Award and BMG Sues Anthropic for Copyright Infringement
Links for the day
Even Uganda Understands That Journalists Never Belong in Prison
"Ugandan authorities must respect the spirit of this ruling and abandon any measures that seek to jail Ugandans for the free flow of ideas."
Inaction Helps Your Enemies
Without freedom, there's nothing else left
Windows Down From 99% to ~50% in Republic of Seychelles (République des Seychelles)
Windows fell by a lot
"systemd is essentially a corporate IBM/Redhat project and corporations of course will comply"
Microsoft and IBM care about users' freedom like Cheeto Lump cares about the US Constitution
Confluent Insiders: IBM Laid Over Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
The Layoffs at IBM Carry on (Shades of Enron)
Is IBM another Enron?
"IBM boss Arvind Krishna... financial package valued at $38 million in calendar 2025 - equivalent to the average collective pay of 765 Big Blue workers."
continues to ruin the company to enrich himself while pretending he has a strategy
Gemini Links 20/03/2026: Digital Identity Bifurcation and a "Return to Gemini"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 19, 2026
IRC logs for Thursday, March 19, 2026
SLAPP Censorship - Part 16 Out of 200: Detailing the Actors and Explaining Techrights' Own Internet Relay Chat (IRC) Network
For those who have not followed our story
Microsoft "hiding behind bigger news of war, Epstein, other companies' layoffs"
They know what's coming, they just don't know when
Joerg Jaspert (Debian Account Manager/DAM) personally approved Raphael Hertzog's wife Sophie Brun
Reprinted with permission from Daniel Pocock
Letter 'A' prohibited by Code of Conduct extremism
Reprinted with permission from Daniel Pocock
Spoiler: Diversity & Debian means different things to different people
Reprinted with permission from Daniel Pocock
Solicitors Regulation Authority (SRA) Admits Failures and Criticism of Inaction on SLAPPs
many if not all solicitors and solicitor firms in the UK are in effect unregulated
Archiving or Preserving Pages About IBM Layoffs
Layoffs at IBM and the media does not talk about these
ABC, the American National Broadcaster, "Now Publishes Slop"
If the "big media" absorbs slop, it'll no longer be trusted and therefore not read/watched by the public
Links 19/03/2026: Culling Deepfakes of Artists’ Music and "Age Verification Isn’t the Answer"
Links for the day
Gemini Links 19/03/2026: "Aktion GPT-4" and "Kill All Descendants"
Links for the day
"AI" 15 Times in Short 'Article' From The Register MS. And The Register MS Got Paid to Publish It.
gets paid to do this
People Who Decided to Boycott Novell Over Its Microsoft Alliance Should Also Boycott Canonical
As an associate put it, "selling out further, due to Microsoft moles inside Canonical"
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day