Bonum Certa Men Certa

Microsoft Sued for Patent Violations and Monday Seems Likely to End Stupid Patents

John Paul Stevens, SCOTUS photo - portrait
John Paul Stevens, SCOTUS

Summary: Salesforce sues Microsoft in exchange for Microsoft's frivolous lawsuit; The Patently-O crowd says that Justice John Paul Stevens, whose track record is hostile towards software patents, is the one writing the Bilski decision for SCOTUS (Supreme Court of the United States)

Microsoft, which struggles online where it loses almost $3 billion per year, sues those who succeed online. Microsoft decided to attack Salesforce using software patents [1, 2, 3, 4], only to be sued in return.



Salesforce.com Inc. filed a patent- infringement lawsuit today against Microsoft Corp., escalating a fight between the two companies over the growing market for cloud-computing software.


Salesforce enlists David Boies (from the famous Microsoft antitrust case) to show that racketeering [1, 2, 3, 4, 5, 6, 7] won't work. This was promptly covered in:



"Software patent wars are crazy," remarked one of our readers about it, "but only the lawyers like them. Well maybe Judges as well, as Judges were lawyers first before becoming Judges."

Speaking of judges, Justice John Paul Stevens is believed to be writing the SCOTUS Bilski decision just before his retirement [1, 2, 3].

"Widespread agreement that Justice Stevens is writing the Court’s opinion in Bilski," writes the president of the FFII regarding this new post from Patently-O:

It remains a puzzle why the petitioners in this case are persisting in an appeal that seems not only doomed but also capable of establishing new and unpredictable restrictions to the scope of patentable subject matter. I had previously thought that “irrational exuberance” provided the best answer—that the Bilski petitioners were likely to remain unrealistically optimistic about their chances for success right up to the end. But the presence of a multibillion-dollar corporation controlling the litigation decreases the chances that the strategy is due to simple inventor over-optimism. Perhaps the entity controlling the petitioners’ side of the case is really quite wily, for there would be no cause to “fold ’em,” if the petitioners’ side would view thorough defeat as victory. That would explain much.


"Patently-O afraid of Justice Stevens," says Florian Müller, who tells us that the above is "the best and most encouraging article on Bilski I've seen to date." Robert Pogson writes about the subject as well:

One of the side-effects of waiting breathlessly for Bilski at SCOTUS is seeing other things that the supremes decide.

A recent opinion slaps down rulings made by lower courts over decades that US securities fraud laws applied globally. There is so much assumption in the culture of the USA that the world should do things the way they do them: film, politics, copyright, software patents…


Müller's take on the OIN withstanding [1, 2, 3], if software patent are annulled in the United States and later throughout the rest of the world (it's possible, as traditional slavery too has become extinct), then the OIN becomes utterly redundant and can then be dismantled. For now, however, it continues to grow under the assumption that software patents hold water in the United States.

Our prediction is that the Bilski decision will stand after the assessment by SCOTUS; then, lawyers will try to interpret it as though it makes little difference, even when it successfully kills a few software patents. Monday may be a legal turning point for GNU/Linux and software freedom (whether one cares about the field of law or not). We will try to make an HTML version of the ruling as soon as it comes out (as we did the last time).

Recent Techrights' Posts

SUEPO Central Made a Strike (or Striking) Success
Europe has more than enough qualified patent officials
Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
 
GNU/Linux Will Thrive as Long as It's Modular, Not Monolithic
To IBM, it's all about money. Nothing else matters.
EPO "Cocaine Communication Manager" - Part X - People Are Leaving
"I was happy to be at the EPO in the beginning, but since I realized it's all a big mafia"
IBM's 33 Years as a "Financial Engineering" (Accounting Tricks) Company
In relation to Red Hat, this "financial engineering" involves culling many workers and trying to replace them with slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 30, 2026
IRC logs for Monday, March 30, 2026
Links 31/03/2026: Rising Costs, Cyberattacks, Novo Patent Expiry
Links for the day
Gemini Links 31/03/2026: American Spring, Distributed Systems Simulator, and Calculus for Electronics
Links for the day
IBM Layoffs and Their Expected Scope in April 2026
Such layoffs impact not only IBM "proper"
SLAPP Censorship - Part 28 Out of 200: Facing Consequences for Impersonation and Worse
It's not "funny". It is moreover libellous.
Links 30/03/2026: South Korea Next to Curb Social Control Media Addiction and Manipulation, Notorious Patents in the US Challenged
Links for the day
Gemini Links 30/03/2026: Going Back to Wrist Watches and Why LLMs in Programming Suck
Links for the day
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day
No Daylight Saved
Is there still any practical reason for this ritual?
Microsoft Azure Does Not Have "Hiring Freezes", It Has Had Mass Layoffs Every Year Since 2020
Things are always a lot worse than Microsoft formally or publicly acknowledges
SLAPP Censorship - Part 27 Out of 200: Using the Tor Network to Hide From Consequences
Only 1-2 weeks after the countersuit the Canadian attempted to deplatform several Web sites
The Limits of Inclusion
Inclusion with caution isn't "opinionated"; it's a defence mechanism, sometimes a survival instinct
Almost 20 Years After Microsoft/Novell
The mission has not changed, but the priorities evolve all the time
People Discuss Rumours of Mass Layoffs at IBM Becoming Public in 1-2 Weeks
IBM is killing its brand or its "goodwill"
LLM Slop Kills Sites, as Sites That Adopt Slop Are Doomed
People won't subscribe to such sites and visit them if they recognise it's just slop
Links 29/03/2026: Indonesia Cracks Down on Social Control Media Addiction, China Becomes World’s Scientific Superpower
Links for the day
Fedora at the Mercy of Microsoft Because of Back-Doored Kick-Switch Boot
We'll soon revisit the defamation attacks on Torvalds
Links 29/03/2026: Water Shortages and No Kings Rallies
Links for the day
The Old Days
In the early days of this site (2006) it was mostly just a couple of people, plus comments
Gemini Links 29/03/2026: Return to Gopherspace, "Zen of Marking Playing Cards"
Links for the day
The Real XBox is Dead, So Microsoft is Calling Everything "XBox" Now
It even wanted to run a campaign to convince everybody that XBox is not actually a console
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 28, 2026
IRC logs for Saturday, March 28, 2026