Bonum Certa Men Certa

When Self-Proclaimed 'Linux Companies' Turn to Software Patents, Just Like Apple and Microsoft

Hot-cold dial



Summary: An assorted analysis of patent news with emphasis on the proprietary lobby and its impact when it comes to software freedom

NOVELL loves its software patents and believes that more are needed. Here is the latest addition based on Utah's press:

System and method for codifying security concerns into a user interface, patent No. 7,831,840, invented by Robert Love of Cambridge, Mass., and Nat Friedman of Boston, assigned to Novell Inc. of Provo.


Robert Love and Nat Friedman, eh? Well, Friedman has already left Novell. Robert Love left Novell, then joined Google in 2007 and we hope that Google stops its bad habit of collecting software/algorithm monopolies (Love's patent was probably filed just for Novell).

Meanwhile, Novell's friends from Redmond patent foot interface (having previously explored 'stomping' on SPAM, which Microsoft Windows zombies spew out). Microsoft boosters have the details:

Microsoft's research into a "foot-based user interface" seemed somewhat novel in 2006, when I first wrote about the project. Now that the company has released its Kinect full-body motion control system for the Xbox 360, the idea of controlling a machine with your feet seems like only part of the picture.

But the wheels of the intellectual property system grind slowly, and the Redmond company won a patent on the concept just this week -- under the title of "Foot-based interface for interacting with a computer."


This just shows that Microsoft is desperate for PR and something profitable as it becomes more of a patent troll. This so-called 'research' is just patent farming and PR, as noted by some good journalists. The ideas which come out of it hardly make up good products. Take Surface for example. The Surface will quite likely die soon, says even a Microsoft booster [1, 2, 3], Matt Rosoff.

Microsoft is going to fit well among the trolls. Not so long ago it paid the patent troll Uniloc [1, 2, 3, 4, 5, 6, 7, 8, 9, 10], which is now suing a major section of the industry -- a considerably high number of companies (while claiming not to be a patent troll):

On Monday, Uniloc sued 19 software companies in federal district court in Tyler, Tx., alleging that the defendants' products infringe Uniloc's primary patent, U.S. Patent No. 5,490,216. It's quite a powerful patent, '216. As we reported in September, Uniloc has already sued dozens and dozens of other companies for allegedly infringing the patent, which covers a license validation procedure known as "software activation." (The technology requires users to unlock authorized copies of software with a digital key.)

By our count, the latest Uniloc suit brings the grand total of companies it has targeted in '216 infringement claims to 92. Think about that: 92 defendants! (They include big names like Sony and McAfee as well as lots of smaller software firms.)

The company's sue-'em-all strategy met with spectacular, if short-lived, success last April, when Uniloc won a $388 million verdict against Microsoft in Rhode Island federal district court for infringement of the '216 patent. At the time, Uniloc's lawyers at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo crowed that the verdict was the fifth-largest in patent law history. But the victory didn't hold up: The trial judge granted a post-trial motion by Microsoft's lawyers at Fish & Richardson and vacated the award just five months later. Uniloc hasn't given up on vindication in the Microsoft case: It is currently awaiting a ruling on an appeal to U.S. Court of Appeal for the Federal Circuit, which heard arguments on Sept. 7.


Here is a screen snapshot of the Uniloc Web site:

Uniloc Web page



Outrageously enough, "MIT's Tech Review Comes Out In Favor Of Patent Trolls," claims TechDirt:

Reader David Carter sends in this bizarrely uninformed column by Christopher Mims at the MIT Tech review, praising patent trolls and calling them "the secret heroes of the tech world." Carter notes that when he first read the article he thought it was satire. I can see why he thought that as well, but it appears to be serious.


In other news about patents, watch hard-drive makers getting hit in a major way by patents [1, 2]. And let's pay attention to this new Canonical deal with Centrify, which is a software patents proponent and Microsoft ally [1, 2, 3, 4, 5]. Not only Microsoft is a noteworthy patent threat to GNU/Linux anymore. Apple too is suing Linux and Dana Blankenhorn accepts the possibility that we wrote about yesterday, namely that Apple has something to do with Oracle's lawsuit against Android. Blankenhorn writes about Apple quite harshly, with paragraphs like the following: "Apple has never had any interest in the open source community. It’s a nuisance, a bunch of so-called idealists who copy its ideas and prevent it from gaining the monopoly rents it feels its innovation deserves."

It takes a lot of Kool-Aid to believe that Apple cares about software freedom and Nick Bilton spoke to Tim Wu (Columbia law professor) a few days ago, only to confirm that Apple's threat to freedom mustn't be underestimated. From the interview:

Tim Wu, the Columbia law professor who came up with the term “net neutrality” in a research paper, has just written a new book, “The Master Switch: The Rise and Fall of Information Empires,” published by Knopf.

[...]

Which companies do you fear the most?

Right now, I’d have to say Apple.

What about Facebook?

I think Facebook is looking for a mentor, they are looking for a role model. Right now it is choosing between Apple and Google in this great war between open and closed. It is possible that whatever side Facebook takes will have a lot to do with the future of how we communicate.

What worries you about Apple?

As I discuss in the book, Steve Jobs has the charisma, vision and instincts of every great information emperor. The man who helped create the personal computer 40 years ago is probably the leading candidate to help exterminate it. His vision has an undeniable appeal, but he wants too much control.


Apple is now said to be worth more than Microsoft. It is also more restrictive in many areas. As micu (at Identi.ca) put it yesterday, "fascist company Apple blocks Blueray from coming to Mac to sell more HD videos on iTunes. MS strikes back" (yes, even Microsoft is not as bad sometimes). Both companies currently resort to software patents as means of defending a territory and as we'll explain in a later post, the only real solution is ending software patents.

Recent Techrights' Posts

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
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)
Debian Can Dump Blind Users Because I am Not Blind
the sort of mentality we're up against
The European Patent Office Cannot Attract Proficient Patent Examiners Who Master Their Domain
They are enablers and facilitators of corruption
 
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."
Finland (and NATO) Must Move to GNU/Linux and Dump Microsoft Even Faster
"Microsoft is not a technology problem, it is a staffing problem."
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
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
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
Links 18/07/2025: Peace With PKK and Connie Francis Dies
Links for the day
Gemini Links 18/07/2025: Alhena 5.1.8 and Bornhack 2025
Links for the day
How to Top Up a "Limited Liability" With Even More Limitations (Dodging Accountability in the UK)
Some people call it a "shell game". Sometimes it's done for tax evasion purposes.
Free Software Foundation, Inc. (FSF) Inches Towards 75% of Fund-Raising Target
Will the cutoff date be extended again?
Gemini Space (or Geminispace) Grows, But Usage of Certificate Authority Let's Encrypt Drops Further
Ideally, all Gemini capsules should use self-signed certificates
Links 18/07/2025: More Microsoft Layoffs in Activision, The New Stack (Sponsored by Microsoft) Complains About Openwashing
Links for the day
Gemini Links 18/07/2025: OCC25 Gnus for Reading Usenet and RSS Feeds, Small Web Updates
Links for the day
[Meme] 9AM Meeting at Brett Wilson LLP
Brett Wilson LLP in space
Listing as Staff People Who Left the Company More Than Six Years Earlier
There are apparently no laws against that
Brian Fagioli Shovels Up LLM Slop (Plagiarism) Onto Slashdot, Then Uses Slashdot for Affirmation or as Badge of Honour
Notice how some of his latest slop is presented ("as featured on Slashdot")
Social Control Media Productivity
Snapping photos of the bone
The Law Firm SLAPPing Us For the Microsofters Lost 72% of Its Tangible Assets in the Past Year, According to Its Own Reports
That might help explain why they're willing to tolerate serial stranglers from Microsoft as clients
Slopwatch: LinuxSecurity.com Slopfarm and Slopfarms Propped Up by Google News
"As LLM slop is foisted onto the WWW in place of knowledge and real content, it now gets ingested and processed by other LLMs, creating a sort of ouroboros of crap."
Links 18/07/2025: Weather Events and Health Hazards
Links for the day
Microsoft's All-Time Low in Finland
Microsoft is in a freefall
Security: Shane Wegner & Debian statement of incompetence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 17, 2025
IRC logs for Thursday, July 17, 2025
Gemini Links 17/07/2025: "Goodreads for Gemini" and Defence of "The Small Web"
Links for the day
Links 17/07/2025: Anger and Morale Issues at Microsoft, Wars and Conflicts Get Digital
Links for the day
CALEA / CALEA2 is the Real Problem, Not Chinese Operatives Exploiting CALEA / CALEA2 (as Any Other Nation Can)
CALEA / CALEA2 is more of a front door than a back door
99.99% Uptime in First Half of 2025
Since January there was only one noticeable outage
Nils Torvalds and Anna "Mikke" Torvalds (née Törnqvis) Hopefully Use GNU/Linux by Now
"Torvalds Family Uses Windows, Not Linus’ Linux"
Attack of the Slopfarms
FUD-amplifying bots with slop images, slop text (LLM slop)
When People Call a Best/Close Friend of Bill Gates a "Serial Rapist"
Good thing that the Linux Foundation keeps the "Linux" trademark ("Linux Mark") clean
Not My Problem, I Don't Care
Context/inspiration: Martin Niemöller
Honest Journalism About the European Patent Office Ceased to Exist After SLAPPs and Bribes to the Media
The EPO is basically a Mafia
Microsoft Bankruptcy in Russia, Shutdown in Pakistan, What Next?
It seems possible that in 2025 alone Microsoft will have laid off over 50,000 workers
Life Became Simpler When I Stopped Driving and I Don't Miss Driving When I See "Modern" Cars
Gee, wonder why car sales have plummeted...
Why I Believe Brett Wilson LLP and Its Microsoft Clients Are All Toast
So far our legal strategy has worked perfectly
EPO Jobs Are Very Toxic and Bad for One's Health
Health first, not monopolies
Response to Ryo Suwito Regarding the Four Freedoms
the point of life isn't to make more money
Microsoft's Morale Circling Down the Drain
Or gutter, toilet etc.
What Matters More Than "Market Share"
The goal is freedom, not "market share"
Tech Used to be Fun. To Many of Us It's Still Fun.
You can just watch it from afar and make fun of it all
Links 17/07/2025: "Blog Identity Crisis" and Openwashing by Nvidia
Links for the day
Greffiers and the US Attorney of the Serial Strangler From Microsoft
The lawsuit can help expose extensive corruption in the American court system as well
Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
The People Who Promoted systemd in Debian Also Promote Wayland
This is not politics
UK Media Under Threat: Cannot Report on Data Breach, Cannot Report on Microsoft Staff Strangling Women
The story of super injunction (in the British media this week, years late)
Victims of the Serial Strangler From Microsoft, Alex Balabhadra Graveley, Wanted to Sue Him But Lacked the Funds (He Attacked Their Finances)
Having spoken to victims of the Serial Strangler From Microsoft
Links 17/07/2025: Science, Hardware, and Censorship
Links for the day
Gemini Links 17/07/2025: Staying in the "Small Web" and Back on ICQ
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 16, 2025
IRC logs for Wednesday, July 16, 2025