Bonum Certa Men Certa

Copyright and Patent Battles Against Linux Carry on (the Usual Suspects)

Flying bricks



Summary: Allies of Microsoft are still throwing bricks at the unstoppable platform which gradually takes over everything

LINUX is constantly under attack because it is winning (just look at all the anti-Android litigation). At Techrights we emphasise this all the time. As Linux goes very mainstream everywhere, malicious proprietary software companies like Apple, Microsoft, and SCO are certain and determined to attack Linux. All three companies already sue companies which sell Linux. They sue using intellectual monopolies, which are the weakest form of competition (all the other forms -- including technical merit -- have failed for them). The situation at Nokia is serious, but it is not fatal. Now, let us look at litigation -- not entryism -- which poses a risk and constitutes a factor that can slow down Linux and Free software's triumph. Regarding the SCO sale to UnXis, Groklaw keeps an eye on it (as do we) and there is now a formal objection to the UnXis plan:



Novell has, as expected, filed an objection to SCO's proposed sale of assets to UnXis. It's terse in mood, but unless the judge is asleep, it should do the job.

The first basis for the objection is that SCO doesn't have the "necessary consents" from Novell "for the assumption and assignment of agreements with Novell". As Novell tells the court, "Original APA Section 9.5(c) expressly prohibits its assignment by SCO without Novell’s consent." And Novell won't consent this time either, just like last time.


Crossing over to the realms of patents, DistroWatch is advertising Centrify and Linux.com too has been advertising (for money) this pusher of Microsoft APIs and software patents. Such Microsoft proponents that are close to Microsoft are dangerous for the same reason Likewise is dangerous and based on this new press release about Tuxera joining the Linux Foundation [1, 2], the number of Microsoft pushers who promote Microsoft patents is growing inside the Linux Foundation (Linux.com is now owned by the Linux Foundation too). As a quick recap, Tuxera tries to extract/pass Microsoft patent tax from Android and Linux, using proprietary file systems that nobody wants or needs. Centrify promotes Microsoft protocols too and it is keen on software patents. One need not be baffled by the Linux Foundation's admission because it's hard to embrace exceptionalism at this type of open consortium and many of its most powerful members (with IBM's clear dominance) are proponents of software patents. Despite the use of the term "Foundation", the Free Software Foundation differs enormously from the Linux Foundation and certainly the Gates Foundation, which loves patents more than the former two. That having been said, the Linux Foundation does a lot more than it should to endorse software patents, even with the OIN. The so-called 'ecosystem' it promotes involves a lot of patented and proprietary software, so the policies embraced by the Linux Foundation are at times incompatible with Linux itself. Carlo Piana, a respected lawyer specialising in Free/open source software, explained this problem to me last night.

I agree, and act, but how to achieve that? The lobbying is intense in the opposite direction.


Piana does not fully agree with Red Hat's stance on the subject (like the OIN, its legal team speaks of "bad patents" rather than "software patents" as needing to be abolished). Piana rightly insists that "the *only* solution is abolition NOW". Meanwhile, Microsoft Florian keeps tweeting me a lot about the subject. Last night he was still messaging me, trying to daemonise Red Hat's stance. He generally daemonises Red Hat, GNU/Linux, and its business model in his blog, removing any pretences that he cares for "Linux" or "FOSS". He hates OIN with a passion because OIN is a big deterrent/problem to companies like Microsoft and Mandriva in fact has just announced joining the OIN:

Open Invention Network (OIN), the company formed to enable and protect Linux, today extended its community with the signing of Mandriva as a licensee. By becoming a licensee, Mandriva has joined the growing list of organizations that recognize the importance of leveraging the Open Invention Network to further spur open source innovation.


Mandriva is located in a region where software patents are theoretically invalid; however, malicious monopolies and their lawyers try to change this. "Feel free to explain what the author got wrong," wrote the FFII several hours ago about this new post about the "EU patent" (path for inserting software patents into Europe).

Keeping track of threats is not FUD, it's vigilance. Linux will need a lot of vigilance as it enters phones and tablets, not just servers, routers, and several other non-desktop market segments that are actually expanding.

Comments

Recent Techrights' Posts

SLAPP Censorship - Part 58 Out of 200: 5RB and Brett Wilson LLP Helped Garrett and Graveley Make Equivalent of GAFAM NDAs Superficially 'Enforceable' in the UK, Using Threats
laziness results in many hours and high lawyers' fees
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 26, 2026
IRC logs for Sunday, April 26, 2026
Journalistic Malpractice: Helping Microsoft Paint 'Voluntary' Layoffs (Before PIPs) as "Buyouts"
What does this tell us about today's media?
The Man IBMers Regard or Already See as Likely Successor of Krishna (or Next CEO of IBM) is a Slop Fanatic
How dangerously misguided
The Corrupt Lecture the Non-Corrupt - Part VI - Management of the European Patent Office (EPO) Covered Up Cocaine Use, Even Colleagues Not Informed
the self-described "fu--ing president"
Who Controls Fedora? IBM and GAFAM.
Don't for a moment believe that IBM understands GNU/Linux. We are quite certain nobody in IBM's Board of Directors uses it.
State of Slop About GNU/Linux
As the incentive to publish is reduced (competing with slop is no fun), the effort/money invested in stories goes down
Links 26/04/2026: Korean Inflation, GLP-1 Drugs Linked to Cognitive Impairment, Lithuania's Public Broadcaster LRT Besieged
Links for the day
Hopefully Smooth Sailing in OS Upgrade
There are some contingencies at hand
Links 25/04/2026: "Horrible Economics of AI Are Starting to Come Crashing Down", More Restrictions Placed on Social Control Media
Links for the day
Getting Aggressive Suggestive of Loss - Part IV - Shutting Down My Existence
Would anyone out there tolerate such messages sent from burner accounts?
Gemini Links 26/04/2026: Gemini Movie Database (or GeminiMDB) and Star Trek III
Links for the day
Weeks Before Linux Removed Over 100,000 Lines of Code Due to Slop 'Bug Reports' Microsoft Paid 'Linux' Foundation to Advance Slop in the Name of 'Security'
What can possible go wrong? Both for security and for stability.
Tracking Ages of People
To stay "safe" tell us your age
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 25, 2026
IRC logs for Saturday, April 25, 2026
"A single witness shall not rise up against a person regarding any wrongdoing or any sin that he commits; on the testimony of two or three witnesses a matter shall be confirmed." (Deuteronomy 19-21)
The spouse of Garrett repeatedly points out that Garrett can barely code or can only do so very poorly
Rust People Sabotage Stability for the Sake of a Falsely-Promised 'Security'
Set aside severe performance issues, poor handling of "edge cases", general bugs, lack of compatibility, and even crashes
SLAPP Censorship - Part 57 Out of 200: 5RB and Brett Wilson LLP Made the Garrett and Graveley Particulars of Claims a Lot Like Photocopies!
They seem very much irritated that I speak about this
Huge Strike at the European Patent Office (EPO) This Coming Friday (May 1st)
International Worker’s day
Links 25/04/2026: Nokia Wins Embargo in Kangaroo Court Where Judges Are Salaried Nokia Staff (UPC), Allison Pearson Defamation Case (UK) Succeeds, Smokey Robinson and "Puff Daddy" (US) Fail
Links for the day
Gemini Links 25/04/2026: Weekly Echoes, Gemtext Tables, and Using Offpunk
Links for the day
Corporate Media Did Not Specify What Microsoft Means by "Buyouts" (Layoffs), It May Be Hardly Different From Severance
Time will tell, but investigative journalism hardly exists anymore, so we won't hold our breath
The Corrupt Lecture the Non-Corrupt - Part V - "Diversity" and "Inclusion" at EPO Means Sleeping With Sister of "Cocaine Communication Manager" and Making Them Millionaires
Remember that top applicants or key stakeholders of the EPO are already complaining about a lack of quality
Links 25/04/2026: Fake GAFAM Valuations (Gripping the Market Based on False Accounting), "Evidence Isn't Just for Research", and "Putin Defends Mobile Internet Outages"
Links for the day
Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Internet Trolls Likely Trying to Distract From the Demise of IBM, Problems With Red Hat
there seems to be trolling online aimed at suppressing discussion
Debian Upgrade Coming Up (Soon)
Yesterday we contacted the datacentre staff about it
Getting Aggressive Suggestive of Loss - Part III - Threats From Burner Accounts Formally Treated as a Crime
Countries that cannot preserve freedom from self-censorship are countries where free press ultimately cannot prevail
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 24, 2026
IRC logs for Friday, April 24, 2026
Gemini Links 25/04/2026: 3.4k+ Capsules, Microsoft Layoffs, Call for Nuclear Disarmament, "Internet is Sad and Lonely"
Links for the day