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

Links 05/05/2026: "Republicans Made Children More Expensive" and "Internet Blackouts" Cripple Economies
Links for the day
What "Age Verification" Laws Are About
We know based on experience (even predating the Web) that kids will find workarounds, so such restrictions are difficult to enforce
SLAPP Censorship - Part 67 Out of 200: Graveley and Garrett Claims Against My Wife and I Assert 'Distress', But It Was Just a Copy-Pasted Template (Mechanical Crocodile Tears)
Can barristers charge 10,000-15,000 US dollars (about $1,000-1,500 per page!) to do such shoddy, sloppy work?
 
Links 05/05/2026: Germany, Depression, and Control of Online Discourse in Geminispace
Links for the day
Microsoft Lunduke Has a Serious Problem: He's Fronting for Sites That Insist on Exposing Children to Pornography
He's even contradicting himself a lot
Unsustainable 'Tech' (Debt) Giants Rely on US Taxpayers for Bailouts and Subsidies
In the past 6 months Oracle and Amazon alone borrowed over 100 billion dollars
Future-Proofing Techrights
2 days from now this site turns exactly 19.5 (years)
Microsoft is Waning Like IBM
There will be lots of "ex Softies" or "former Microsofters" out there
Chatbots Are Not Replacing Web Search, But They Contaminate Results
People still value pages written and curated by humans; they use search engines to find these
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 04, 2026
IRC logs for Monday, May 04, 2026
Links 05/05/2026: Energy Crises, Data Breaches, and Journalists Murdered
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XIII - Health and Safety With Cocaine
That they are trying to approach us (the President's own family) is a sign of weakness
Codecs and Software Patents - Part I - The 2026 Status Quo
It's frustrating to see how little (almost none) media coverage exists for these sorts of matters
Gemini Links 05/05/2026: ASCII Chessboard Without HTML and Ongoing Antenna Migration
Links for the day
Links 04/05/2026: Economics of Slop Discredited, Democrat and Republican Voters Want Cuts to Data Centres
Links for the day
IBM's "FutureNow" is the Rebranding of the Client Innovation Center (CIC), for Lobbying Purposes by IBM While Halving People's Salaries
So says a new comment
Libera.​Chat Openly and Publicly Admits It Has an LLM Slop Problem (Chatbots in Its Channels)
If there's a policy that bans chatbots (not humans), there's even a moral imperative for it
Microsoft: Yes, We Are Losing Windows Users and Yes, We Have Problems With Payroll (So We Lay Off Essential Workers)
From what we can gather, "hey hi" is now the name of everything at Microsoft
Ubuntu.com While Ubuntu.com is Under DDoS Attack and Intermittently Offline Due to Windows Botnets: Don't Use Ubuntu, Use Windows Instead
Unbelievable, as this is their advice when Windows zombies hammer away at their Web site and general infrastructure
Links 04/05/2026: "DNC Covering Up Its 2024 Autopsy" and Rudy Giuliani in Critical Condition
Links for the day
Linux Kernel Tainted by Software Patents That Make Linux Worse and the 'Linux' Foundation is Compiling Bribes to Enable This (Promotion of Monopolies and Tolerance of Software Patenting)
Why you need to reboot when a serious bug is found in Linux? "Licencing"...
ChromeOS and GNU/Linux Exceed 5% in New Zealand
Can we expect New Zealand and Australia to divest from GAFAM?
Links 04/05/2026: Energy Shortages Become More Visible, Germans Reject Military Service, Merz Says US 'Humiliated' Over Iran
Links for the day
KDE's Cornelius Schumacher Explains Why You Should be Slop-Free
Output is not measured by quantity of words
The Real News is Botnets (e.g. Windows With Back Doors), Not Iran
Let's focus on the botnets [...] Microsoft's aim is the opposite of security
SLAPP Censorship - Part 66 Out of 200: Alex Graveley Did Illegal Things, Then Asserted Mentioning Those Illegal Things is Privacy Violation
Alex Graveley "has suffered damage and distress" when the public found out he told women to kill themselves
The Corrupt Lecture the Non-Corrupt - Part XII - Outsourcing Everything to Microsoft, Which is Illegal
Today's EPO isn't about technology or law
Melissa Chan on Why Press Freedom Matters to Everyone, Not Just Journalists
dispelling a myth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 03, 2026
IRC logs for Sunday, May 03, 2026
Gemini Links 04/05/2026: Another Old Web Pillar Gone and Simple Lobsters Mirror for Gemini
Links for the day
Links 03/05/2026: Insolvent US Bailing Out Google, Microsoft, Amazon, Nvidia, Oracle, OpenAI, and SpaceX
Links for the day
SLAPP Censorship - Part 65 Out of 200: Graveley and Garrett Claims Are Word-by-Word Similar (They Also Collaborated All Along)
We'll keep it short today
IBM Has a Long and Rich History of Showing Chatbots Bear No Business Prospects (From Jeopardy to Watson Healthcare and McDonalds)
Watson Healthcare is already in the dustpan, so they are rebranding it again
Europe Decoupling is Bad News for GAFAM, Especially Bad to Microsoft
Countries want independence
India Needs to Recognise That the World Wide Web is Monoculture in India
In the US, a judge with Indian roots dealt with a case related to this; why won't India?
All-Time Lows for Windows Down Under
seeing the demise of Windows in Australia (historically a slow or low adopter of GNU/Linux) is good news
IBM's Kyndryl Accounting Fraud Explained and More Recently the Insiders Talk About Mass Layoffs
Judging by how the media totally ignored 800+ layoffs at IBM's Confluent and 400+ layoffs at Red Hat a few weeks ago don't expect to hear anything about Kyndryl layoffs
Links 03/05/2026: Water Shortages Crises and Slop Fakes "Are Coming for Your Bank Account" (Slop-Enabled Fraud)
Links for the day
All-Time Lows for Windows in Spain and Portugal
data which became publicly available less than 24 hours ago in statCounter
The Corrupt Lecture the Non-Corrupt - Part XI - EPO 'Products' to Cement Asian and American Monopolies
Only a fool would believe Lame Duck Campinos
Microsoft Windows Falls Below 9% in South Africa
As one can expect, GNU/Linux is measured as going up in France
Gemini Links 03/05/2026: The Black Side of the Web, LiveJournal, Chimarrão
Links for the day
A Month Since Mass Layoffs at Red Hat (400+ Engineers Laid Off), The Media Didn't Cover It
We are very concerned about the state of the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 02, 2026
IRC logs for Saturday, May 02, 2026