Bonum Certa Men Certa

Why Microsoft Still Loves Software Patents

Love coffee



Summary: Some of the latest developments in an unnecessary dimension of patents and how they help show that Microsoft needs software patents

EVERY NOW AND then we find an odd suggestion that Microsoft dislikes software patents due to cases like i4i vs Microsoft. It is immensely valuable for Microsoft to give such an impression -- basically lobbying for particular laws that bring enormous benefits to itself while the public believes the opposite (and thus does not resent Microsoft). Tax law is another example of that and it relies on the whole "job creation" nonsense (phrases which people love to hear without questioning them, e.g. "patents help increase innovation").



Microsoft has already produced some very large patent trolls, including Traul [sic] Allen (the recently-emergent example). A columnist at Mercury News considers it to be proof that the USPTO is broken.

If Microsoft co-founder Paul Allen accomplishes nothing else with his wide-ranging lawsuit claiming that almost every major Internet company has stolen his firm's ideas, at least we can give him credit for reminding us of the troublesome flaws in the U.S. patent system.


Dave Methvin says that Microsoft wins in the Java patents hell storm, which may end without much disruption because the Oracle vs Google case lacks tying to a particular machine. As Wayne puts it:

Another question involves the ‘specific machine’ issue. Pamela Jones wrote about this, and it could be very important. When I read the patents I didn’t see any tie them to a specific machine. The issue surrounds the constantly shifting U.S. Patent rules, which change every time a major patent court case happens. If it is deemed that a patent must be tied to a specific machine, then the patents are invalid, and Oracle looses.

Even if the patents don’t have to be tied to a specific machine, there is a good chance that they will fail, due to the subject matter being predated by something else, or by being ruled obvious, in which case Oracle loses. I’ve read the patents, and the things that they are talking about were implemented at least fifteen to twenty years previously in Unix.


We recently explained how and why Microsoft already makes money from Android [1, 2]. It's due to software patents, or at least an empty allegation relating to them. "Well, well," wrote Groklaw, "And here we were wondering why all of a sudden everyone seems to be suing Android. Microsoft would like you to know that they indemnify, and that the Android lawsuits are costly. That is very like what Microsoft said when SCO sued IBM, after Microsoft paid SCO millions, that they would indemnify and that Linux would be plagued by litigation for years."

“Microsoft would like you to know that they indemnify, and that the Android lawsuits are costly.”
      --Pamela Jones, Groklaw
It is true that Microsoft has many software patents, but lots of them are absolutely worthless. As an example we gave the shutdown patent, which has been covered here at least 3 times already [1, 2, 3]. It is still being covered in some Web sites because it helps show lack of ingenuity that passes the USPTO's tests and the poor quality Microsoft aims for. "This is odd," Groklaw wrote. "Maybe I'm missing something, but Microsoft has gotten a patent on a "scheme" to shut down an operating system. The claims seem to say that it's about when you want to shut down, but you forgot you have unsaved work, so in Windows or a Mac, you get prompted to save it if you want. The patent is a system that saves it for you automatically. The patent says, "The following aspects will focus on a Windows based operating system. It will be understood, however, that aspects of the invention will apply similarly to other operating systems including, but not limited to, Mac and Linux based operating systems.

"But Linux has always done this. It's one of my favorite things about Linux, that if you want to shut down, or even do it by mistake, it saves everything for you. I just wanted to mention it, because if some legal gnome at Microsoft has a "scheme" in mind for this patent, as in $$$ from Linux, this is just to point out that the supremely clueless USPTO just gave Microsoft a patent on something with tons of prior art, unless there is some detail I'm missing."

In addition to "ActiveSync tax" in Android, Microsoft is also said to be in the position of 'owning' simple ideas with digital/physical metaphors such as mail priority (trivial ideas turned digital). "Microsoft had a 'priority email inbox' way before Google, and has patents to prove it," says this one report that's echoed elsewhere. Well, another little report has the headline "The New Xbox 360 Controller Is Really About Patents [Microsoft Introduces A New Xbox 360 Controller With A New D-Pad That Scoots Around Nintendo Patents]".

As the Edison story keeps spreading further (now coming to Wired), it is easy to foresee an analogy between Edison's attitude and Microsoft's. They both merely exploit the system and take credit for other people's idea.

Since Microsoft sells many software licences, software patents are crucial to its survival, especially in an age when it can no longer sell much of its own software. To Microsoft's future software patents are needed and without such patents, software will be freer. Microsoft can't afford letting software be free (not the same as "open").

"There's free software [gratis, dumpware] and then there’s open source... there is this thing called the GPL, which we disagree with."

--Bill Gates, April 2008

Recent Techrights' Posts

Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
Fragmentation of Data
Life is too short to "hoard" data
Jamie Zawinski Complained About Wayland, Then Decided to Give It a Go, Now Complains Again About Wayland
Ask IBM (Red Hat) why it's worth throwing so much away just for Wayland fanaticism
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Taking Stock of a Good and Productive Week
We shall now be taking a break, unpacking the new hard drive (8 TB), and making backups of everything
Ageism in Tech
Your protocol is "old"...
 
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed
Are You Served?
For many people, advocacy of Free software and GPL enforcement are assumed to be happening
Conspiracy or grooming? Alex Jurado, Voice of Reason compared to Outreachy
Reprinted with permission from Daniel Pocock
Links 20/07/2025: Security Breaches and Former 'Open' 'AI' Engineer on Hype and Culture Issues
Links for the day
Links 20/07/2025: Fending Off BRICS and US Government Attacks Its Own Media (Like China and Russia)
Links for the day
Framed by social control media: Alex Belfield, Voice of Reason
Reprinted with permission from Daniel Pocock
Gemini Links 20/07/2025: Summertime and OCC25 Wrap-up
Links for the day
Slopwatch: Planet Ubuntu, LinuxSecurity, and More
former "Linux" blogs which basically became slopfarms
Links 20/07/2025: More GAFAM Lawsuits, Layoffs, and SLAPPs
Links for the day
Nice Recovery (From Actual Fire) by PCLinuxOS, New Version of PCLinuxOS Released, Now Top of DistoWatch
PCLinuxOS is a community-driven distro
More Microsoft Shutdowns That Mostly Slipped Under the Radar
Remember what happened to books 'sold' by Microsoft?
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025
Gemini Links 19/07/2025: Git For Authors and Filtered Antenna
Links for the day
UEFI 'Secure' Boot Abuses by Microsoft to be Brought Up in the UK High Court in 3 Months
we'll seek compensation
Next Year It'll Be Half a Decade Since the Fall of Freenode (and IRC is Still Doing OK)
Our IRC network is still accessible using the exact same software that ran in Windows 3.x
Lupa Will Soon Know of 3,100+ Active Gemini Capsules
And some people in the "Small Web" try to tell us that Gemini is dying?
The Slopfarms Are Taking Real News Articles and Replacing Them With Lies Generated by Machines
Bluntly speaking, Fagioli is nothing short of an online scammer
Links 19/07/2025: Techtarget to Cull 10% of Staff, New Threats to Free Press in the US (Home of Dangerous and Violent Stranglers From Microsoft)
Links for the day
Gemini Links 19/07/2025: "Climate Justice” and Forking Programs
Links for the day
What Wayland and Microsoft/IBM systemd Have in Common
focus on what IBM (Red Hat) is pushing while running over critics.
Linux Already Has About 60% of the "Market"
"When mentioning the client side," opines an associate, "it is essential to recite the list of other markets where Microsoft is negligible or a no-show. It is repetitive to do so, but it needs saying -- often."
In Norway, Android/Linux Has Just Hit All-Time High (First Time Since 2020), GNU/Linux Already Very Prevalent
Despite its small population size, Norway gave us Qt and many other things
Finland (and NATO) Must Move to GNU/Linux and Dump Microsoft Even Faster
"Microsoft is not a technology problem, it is a staffing problem."
Microsoft's Mass Layoffs Very Wide-Ranging, Media Focused on Gaming Though Microsoft Mass-Firing Lawyers and "AI" Staff (Contradicting Its Supposed "Investment" in "AI")
Microsoft plans to fire almost half a thousand people in legal roles
2012 Article About the Free Software Foundation Blasting Canonical/Ubuntu Over Adoption of "Secure" Boot (Microsoft's Remote Control Over GNU/Linux Since PCs' Power-on)
By Katherine Noyes (article has since then became 404, not found)
The Microsofters We Sued Helped Microsoft Make GNU/Linux 'Expire' This Year
"Linux and Secure Boot certificate expiration"
linuxconfig.org Joins linuxtechlab.com and Others, Becomes a Slopfarm With Fake Linux 'Articles' (LLM Slop)
They contain "linux" in their domain names, but they are just slopfarms
Links 19/07/2025: Microsoft Cuts in China and Wall Street Journal Sued for Reporting on Jeffrey Epstein
Links for the day
Debian Can Dump Blind Users Because I am Not Blind
the sort of mentality we're up against
Fascistic Policies Got 'Normalised' in 'Public Office'. Let's Not Let the Same Happen in 'Tech'.
Political discourse typically guides what's "normal" and what "good citizens" should believe/feel
The European Patent Office Cannot Attract Proficient Patent Examiners Who Master Their Domain
They are enablers and facilitators of corruption
Yes, Your Mastodon Instance Will Also Shut Down
Few people run a one-person instance in the Fediverse
The Demise of GAFAM Necessitates Greater and Broader Awareness
Morale at Microsoft is really bad
Free Software Foundation Reaches 75% of Funding Goal
Not bad for this "Fosschild"
Slopwatch: 7 New Examples of Fake 'Linux' Slop Pieces (Plagiarism With Misinformation)
Serial Sloppers need to be shunned
Links 19/07/2025: Kapo-berg Settles, Software Patents Challenged
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 18, 2025
IRC logs for Friday, July 18, 2025