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

GAFAM "doesn't depend on any sort of lock-in, humans just don't want to be free anymore," according to MinceR
As many readers are aware, our criticism of UEFI (restricted boot in particular) attracted a lot of online harassment against us, including stalking and libel
 
Breaking Your Proprietary Router in the Name of "Security"
Each time they "patch" the router something that previously worked OK is likely to just break
IBM May be Breaking the Law to Silence Staff It Laid Off
Observation to add regarding IBM layoffs
Demonisation Attacks on Richard Matthew Stallman (RMS) - Including Antisemitic Attacks - Have Not Worked
Name-calling doesn't work
Slop ("AI") Will Replace People and Take Away Jobs, Say the Slopfarms With Fake (LLM-Generated) Text and Slop Images
"AI" often means slave labour in a poor country
More Than a Million Bytes Should be Enough for Most Computer Programs
Who said computing would improve over time?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 14, 2025
IRC logs for Sunday, December 14, 2025
Another "AI" (Slop) Use Cases Turns Out to be a Fraud
Those who talk about this fraud get SLAPPed
They Say Rules Are Made to be Broken, at Microsoft That Became an Imperative (e.g. Accounting Fraud, Bribery and So on)
Its biggest client is itself
In Russia, Microsoft is Already a Dying Breed Online
A lot of Europe also dumps Microsoft. Europe is a big revenue source of Microsoft.
The Future of News on the World Wide Web
No "greener pastures" on the Web
𝐈𝐁𝐌 𝐂𝐄𝐎 𝐀𝐫𝐯𝐢𝐧𝐝 𝐊𝐫𝐢𝐬𝐡𝐧𝐚: Proof That at IBM People Fall Upwards
IBM is collapsing
EPO People Power - Part XII - The Mobbing Got So Bad People Were Unable to Work
What's at stake here isn't just the EPO or the patent system
Links 14/12/2025: "Chile to ban smartphones in classroom" and "Portugal updates cybercrime law to exempt security researchers"
Links for the day
Gemini Links 14/12/2025: "GUI TUI CLI" and EmacsConf 2025 Video
Links for the day
Links 14/12/2025: Tensions in Asia, US Making Deals With Belarus
Links for the day
A Utopian and Very Dumb Vision of Technology, Based on Accounting Fraud
the "industry" has become insane and a lot of "the media" is going along with it
Links 14/12/2025: "The Slop of Things to Come", Goldman Sachs Nervous About Slop Bubble
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 13, 2025
IRC logs for Saturday, December 13, 2025
Google News is Google Noise
Google News is really hopeless, even on weekends
IBM: We Pay You to be Obedient or Deny You What You're Entitled to If You Don't Act Obediently
Good luck starting legal battles with a company that has almost as many lawyers (including aggressive patent lawyers) as it has geeks
Links 13/12/2025: Jimmy Lai and Media Freedom on Trial, "OpenAI Researcher Quits, Saying Company Hiding the Truth"
Links for the day
Gemini Links 13/12/2025: Extensive Catchup With Gopherholes
Links for the day
Deliberate Lies or Glaring Distortions
Calling Torvalds anything "Soviet" or "Russian" would overlook the fact he comes from Finland and has Swedish roots
Canonical and Ubuntu: Working for Microsoft, Promoting Proprietary Surveillance (Dis)Services
Canonical started with a rich and overambitious Debian Developer. He wanted to become richer.
Russian "Hybrid Attacks" Are Typically Microsoft TCO and/or Windows TCO (Total Cost of Ownership)
Information-related warfare relies a lot on computer systems
EPO People Power - Part XI - The Media in Europe is Ill and Complicit in Ills
We must all recognise that there's a problem here
Running With Technology
At least they always run Linux (all of them, since 2015)
Dealing With "Tech Cults"
If you think you identified a "Tech Cult", walk away
It Seems Like IBM is Firing 'Everybody' (Anywhere, Any Age, No Matter What Team)
Healthy companies would sack IBM's management (sacked by Board, bylaws etc.) but IBM is a sick company
Latest Stallman Talk (Event in Argentina) Published
Less than a day ago they released his talk
GAFAM is a Financial Problem and Sovereignty Risk, a Policy-Level (National Level) Boycott is Needed
Europe has plenty of skilled computer engineers
LLM Slop Becoming Rarer
Today we've found no LLM slop in our RSS feeds regarding "Linux"
2026 Could Very Well be Last Year of XBox, Microsoft Dropped the Ball
It would be shocking is XBox can stage any kind of comeback
Links 13/12/2025: Social Control Media Bans and "Could Finland be Hiding a Blue Zone?"
Links for the day
Expecting Mass Layoffs, More Microsoft Workers Join Unions
they see tough times ahead
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 12, 2025
IRC logs for Friday, December 12, 2025