Bonum Certa Men Certa

Legitimisers of Software Patents

FOSS stamp



Summary: News about initiatives and companies that under the guise or true intention of promoting Free software actually promote proprietary software and software patents (with Microsoft "patent tax")

EVERY NOW AND THEN we politely name those players in the industry whose actions contribute to software patent entanglements and thus barriers to software freedom. The intention is not to provoke but rather to inform. So today we'll start by naming Peer-To-Patent again. It's hard to criticise the project, which takes a 'pragmatic' approach and has some inter-personal roots in Linux-friendly companies; we -- as well as others whose approach is similar -- have been critics of Peer-To-Patent because it is promoting "good" software patents, albeit passively. Groklaw seems to like Peer-To-Patent and their staff is always sending us E-mail, however we -- along with others like FFII and TechDirt -- are rather sceptical because valuable time of volunteers is being spent gardening the work of people who applied for patent monopolies on software. TechDirt says that Peer-To-Patent may be coming back; it's better than nothing at all, but there may be better ways (also better than OIN) to eliminate the problem. TechDirt starts by stating:



We've been a bit critical of the Peer-to-Patent program that was tested in the US a couple years ago. The idea -- which I appreciate -- was that certain patent applications would be opened up in a "crowdsourcing"-style, for the wider community to provide evidence of prior art. My problem with it wasn't the concept of involving others, but the idea that prior review during the application process would really be all that meaningful or useful in the long run. That's because it's often tough to get the necessary people to care about a bad patent or bad patent application until it's being used against them. So the incentives to keep swatting down bad patents just isn't that exciting. Second, the worst of the bad patents are ones that are asserted later, for something that seems completely different or unexpected, but which the patent holder claims violates their patent. It's tough to predict that ahead of time. Finally, the program only focused on prior art, not obviousness, which is an even bigger issue.

Yes, you could argue that such a peer review system wouldn't hurt, but it often felt like the program's backers thought it would solve most of the problems of the patent system, where I can only see it maybe helping out at the margins. That's why we weren't surprised at all to find out that the program had quitely shut down last year and almost no one had noticed.


Another player which is hard for us to criticise is Tuxera, which actually did bring some invaluable software to Linux (NTFS) before it signed a deal with Microsoft and started selling software patent licences rather than just software. Well, Tuxera's NTFS is coming to Macs now. It's not entirely clear what role Microsoft plays in it (if any) now that these companies are together in a patent bed.

There is another company called Likewise which helps sell Microsoft UNIX/Linux patent licences (Active Directory and the likes of it). Likewise uses the latest release of Ubuntu to sell its patent ploy again [1, 2], taking advantage of users who are not already familiar with Samba. "Likewise Integrates Alien Systems with Microsoft Active Directory" says this resultant article. For those who do not know, Likewise has roots in Microsoft and so does Black Duck, whose CEO will become part of an "open source" think tank (even though Black Duck is a proprietary software company). Black Duck is located next to Novell's headquarters and not far from Microsoft's other attempts to harm GNU/Linux from the inside (Cambridge labs), by means of fusion with software patents. To quote a new article:

Black Duck CEO Yeaton joins China open-source think tank



Waltham-based Black Duck Software announced last week that it had acquired open-source online resource Ohloh.net, an online directory of open-source-related software and people.


Ohloh is not open source, either. Like Black Duck, it only takes advantage of open source, just in the data sense. The products themselves are proprietary, but the data they get applied to is free/open source software source code.

“Apple is now devising software patents as path to an exclusive censorship mechanism.”Another company which loves to pretend that it is an "open source" player is Apple, even though software patents are a high priority at Apple and the latest outrageous patent raises a brow and makes many headlines (e.g. [1, 2, 3, 4]). To quote one article: "Apple has just been awarded a patent for what people are already calling 'anti-sexting' software."

It's still about restrictions at Apple because Apple knows best and it wishes to impose its beliefs/preferences on customers. Jobs has already spoken about “freedom from porn” and that's a classic example of where freedom comes to mean the exact opposite. Orwell once warned: “Don’t you see that the whole aim of Newspeak is to narrow the range of thought? In the end we shall make thoughtcrime literally impossible, because there will be no words in which to express it.”

Apple is now devising software patents as path to an exclusive censorship mechanism. Does society need restraint to be imposed by gadgets? Need it be a monopoly, too?

Recent Techrights' Posts

The Register MS: Don't Use Linux
That really says a lot about The Register MS
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Sounds Like Microsoft 'Open' 'AI' (Slop) Ran Out of Money to Borrow
Maybe in 2026 slop will be scarce enough that eventually, maybe by year's end, we'll manage to just ignore it.
Links 24/12/2025: US TACOs on "China Chip Tariffs Until 2027", Russian Snickers in U.K. Convenience Shops
Links for the day
 
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025
Gemnini Links 25/12/2025: Hibernation and TV detox
Links for the day
In India, Staff Works on Christmas Eve, Becomes Unemployed (Last Day)
The company fires based on how "expensive" workers are more often than based on their productivity
Links 24/12/2025: Cheeto President "Accused of Rape in Jeffrey Epstein Files", Windows to be Replaced by Slop?
Links for the day
Gemini Links 24/12/2025: Tea, Love During Pain, and Gaming This Year
Links for the day
GAFAM is a Bubble, Nothing is Free in This World
Nothing is free in the world
My New CD Player/Stereo Didn't Even Last a Year, My CD Player/Stereo From the Early 1990s Still Works
That helped reaffirm what I said in recent years about production/manufacturing standards of "modern" things
GitHub Isn't Free, Microsoft Subsidises It (Losses) to Entrap You Inside Proprietary Software, Now Come the Fees
GitHub was never free
XBox Console is Dead, "Microsoft is Rethinking What XBox is"
So XBox is now "cloud"
IBM SkillsBuild: Teaching Slop to People
What skills does that give? Making more slopfarms?
Maybe 2026 Will be the Last Year of António Campinos
Europe's patent system is run by thugs and it serves thugs
2025: The Year LLM Slop Rose to Prominence and Then Fell
the slop hype is bound to end
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 23, 2025
IRC logs for Tuesday, December 23, 2025
Links 24/12/2025: Spotify Surveillance and Shadow Over Rule of Law in Hong Kong
Links for the day
A Good End for a Fine Year
Today we saw some pleasant news online about the growth of GNU/Linux and more perils impacting Windows and XBox
Serial Sloppers Lost Momentum, Sites With "Linux" in Their Name Barely Bother Anymore
Will 2026 be the year slopfarms jump the shark?
Gemini Links 23/12/2025: Hydraulic Pressure Balance and mercury://
Links for the day
Gemini Links 23/12/2025: "The sun is shinning" and "problem in the Butlerian Jihad setup"
Links for the day
Links 23/12/2025: "Over 8,700 News Articles Censored in Turkey in 2024" and "Photos Are Being Deleted From the Epstein Files"
Links for the day
Techrights as 'Regulator' Against Runaway Trains
"Runaway trains" never scared us because we know that they, unlike us, don't think rationally
Links 23/12/2025: That ‘Satisfying Click’ and Security Lapses, Car Bomb Kills Russian Lieutenant General Fanil Sarvarov
Links for the day
Links 23/12/2025: GNU Taler 1.3, US Regime Censors Television Again
Links for the day
Valve Can Bring More Users to GNU/Linux, But It Won't Bring Freedom
Steam is DRM
Social Control Media is Bots (Fake Traffic, Fake 'Engagement')
As per FORTUNE, 76% of Twitter is alleged to be bots now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 22, 2025
IRC logs for Monday, December 22, 2025
How the Slop (So-called 'AI') Bubble Will Burst Next Year
There are already talks about mass layoffs in January
"Generative AI Bubble Has Begun to Pop", Nvidia Rides “Circular Financing... a Strategy That Hearkens Back to the Dot-com Crisis”
For companies like Microsoft this may mean another 30,000+ layoffs next year
Microsoft-Connected Media Talking About XBox Division "Profit Margins" is Distraction From XBox Sales Collapsing 70% in One Year
The simple fact is, Microsoft's console is dead in the water
The Reality is "Vibe Code" (Slop) is That It's Worthless
“Confidently Wrong”