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

What Happened to the Open Source Initiative (OSI) Elections: Leaking Information of Members (Even in 2025)
More nonsense about Hey Hi (AI), which OSI has been openwashing on Microsoft's payroll
Techrights Will Never Capitulate to Threats From Microsofters
Set aside violence against women and all sorts of other things; it's not about personal issues
The Microsoft-Led Open Source Initiative (OSI) is Hurting, It'll Try to Hurt Its Critics and Exposers Now
The OSI's chief meanwhile issues a bunch of meaningless waffle, a sort of "damage control" or "face-saving" platitudes
 
Richard Stallman on Patents
uploaded a day ago by Aleksandar Popovic
Recommended New Article From Dr. Andy Farnell and Some Site Miscellany
Andy says he and his daughter successfully avoid GAFAM
Links 20/03/2025: Executions in China and Crackdowns on Science in the US
Links for the day
Gemini Links 20/03/2025: Ubuntu Shafting Common Sense and Blocking of Bots of the Net
Links for the day
Links 20/03/2025: IBM Layoffs (Thousands Reportedly Laid Off) and Lots More Corruption in the White House
Links for the day
Apple is Still an Enemy of Open Standards and Software Freedom
Apple did not get any more benign
Gemini Links 20/03/2025: Wanting the Future Back and "Society That Lost Focus"
Links for the day
Fake Articles About GNOME
betanews again
Richard Stallman's Personal Site Says He's Looking for More Opportunities to Speak in Europe
He does not charge people for the talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 19, 2025
IRC logs for Wednesday, March 19, 2025
Debian Pregnancy Cluster, when I stopped using IRC
Reprinted with permission from Daniel Pocock
Mass Layoffs at IBM Confirmed
Thousands believed to have been laid off
Slopwatch: linuxsecurity.com, cybersecuritynews.com, gbhackers.com, and techmonitor.ai (Fake 'Articles' About "Linux")
Almost all of them (75%) show up in Google News
Is Ubuntu Compromised? Push Away From GNU and GPL Led by Army Officers.
Perhaps people should ask Canonical what the thinking behind it was...
Gemini Links 19/03/2025: go-gopherproxy and 'Small Web' as Self-expression
Links for the day
Links 19/03/2025: Attention's Cost and Media Still Besieged by Dictatorships
Links for the day
Phoronix Seems to be Trying to Kill Discussion About "Asahi Lina" and the Anti-Torvalds Brigade
Our informed guess is that by reporting this news Phoronix got caught up in flamewars that divide and fracture the community
Claiming to Love What You Reject or Seek to Totally Own, Control
The Russia analogy is political
LinuxTechLab Became Just LLM Slop and SPAM
Another dead (former "Linux") site
The Rust Song
It's about control
Facts on the Case Already Disclosed by US Authorities
NGOs in the UK (several keep abreast of this, judging every recent move) are truly unimpressed
The Times Group (and The Times of India) Basically Died Again
This time a death by LLM slop/plagiarism
The Death of The Economic Times (India Times): LLM Slop Presented as 'Articles', Containing Errors and Revisionism
They'd be better off shutting down operations with some dignity than resort to bots giving the false impression (illusion) of authorship
In Belgium, Android is Finally Measured as Bigger Than Windows
In Belgium, the lobbying capital of Microsoft, it wasn't easy to get there
"Rust People" Are a Threat to BSD Too (the Licence Isn't the Main Issue, Nor is the Proprietary Microsoft Hosting)
BSDs aren't written in Rust, so BSD developers should buckle up
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 18, 2025
IRC logs for Tuesday, March 18, 2025
Sami Tikkanen Explains Rust Language and Its Goals
"Sompi" (the nickname of Sami Tikkanen) has weighed in
Links 19/03/2025: Gardening Season and the Web Without an Audience
Links for the day
Mauritius: Windows at All-Time Low, Down From 96% to 17%
Put in simple terms, people choose to connect from the "phone" (running Linux), not some laptop running Windows
Many IBM Layoffs Reported Today in Europe and North America
there's definitely a lot going on today
The GNU Manifesto is 40. Here's the Original Print (1985).
Some unpleasant people want to replace GNU with Microsoft-controlled (GitHub) Rust copycats
Unixmen Seems to Have Died After Turning Into a Slopfarm and Spamfarm, Is LinuxSecurity.com Next?
Better to not publish anything at all than to resort to fake garbage.
What Happened to the Open Source Initiative (OSI) Elections: More People Begin to Speak Out
Kuhn set another bonfire ablaze
Links 18/03/2025: ‘Meritless’ Defamation Suit Thrown Out, InterDigital Software Patents Headed for the Bin Too
Links for the day
These Strange Web Statistics From The Bahamas Show Windows Falling From 93% to Less Than 5%
There are about half a million there
Gemini Links 18/03/2025: Weather and Resisting "MAGA"
Links for the day
Links 18/03/2025: New Apple Blunders and Windows Disliked by Users
Links for the day
Once Again 'Losing Track' of Who the Clients Are, The Serial Harasser and Strangler from Microsoft
Timing is everything
2025 Rumours of IBM Layoffs in Marketing Likely True, Online Powwow Drops More Clues
Expect over 10,000 layoffs this year (at IBM alone)
Android (With Linux) Rises to Record Highs in Hong Kong and in Macao
Looking quite bad for Microsoft
Distractions. Distractions Everywhere.
distracting from the real solution
EPO Concerns About the Education and Childcare Allowance Reform (ECAR) and School Liaison Officer (SLO)
The public deserves to know as it impacts thousands of families
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 17, 2025
IRC logs for Monday, March 17, 2025