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

Under the Guise of "MIT Technology Review Insights" the Site MIT Technology Review Posts Corporate Spam as 'Articles'
Some of the articles aren't even articles but 'hit pieces' against Free software and some are paid advertisements
Brett Wilson LLP Has Track Record in Scam Coin Cases (e.g. Craig Wright and More), Now It Works for 'Crypto' Scam Purveyors
But wait, it gets worse
Will Brett Wilson LLP Handle Its Own Winding Up Petition or be Struck Off for Overt Abuse of Process?
Today we sue not only the first Microsofter
Ubuntu Becomes Microsoft GitHub, Based on Decision Made by British Army Officer
You're hopeless, Canonical
Sharing Code and Recipes
It helps explain the triviality of software freedom
How Many Women Has Microsoft's Alex Balabhadra Graveley Already Strangled and Where Does That End?
If you too are a victim of this man and wish to share information, contact us
"We Might Save Somebody's Life"
I follow the example of my father
 
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
Exclusive: corruption in Tribunals, Greffiers, from protection rackets to cat whisperers
Reprinted with permission from Daniel Pocock
Links 16/07/2025: Chip Bans and Microsoft’s “Digital Escort” Program
Links for the day
Revolving Doors: One Day You're a Judge, the Next Day You're an Attorney Paying Public Officials and Working for Violent and Dangerous Microsoft Employees
how the US justice system works
Slopwatch: Noise, Plagiarism and Even Fear, Uncertainty, Doubt/Fear-mongering/Dramatisation
What are we meant to do to prevent a false association or misleading connotations? Game the LLMs? No. Boycott slopfarms.
Gemini Links 16/07/2025: BaseLibre Numerical System and Simple Web Browsing with TLS
Links for the day
Links 16/07/2025: Fascist Slop Takes "Intelligence" Clothing, New Criminal Case Against MElon
Links for the day
Why I am Suing the Serial Strangler From Microsoft, Alex Balabhadra Graveley, in the UK High Court This Week
Out of respect to the process and to the Court, I shall not share any pertinent details about the case
Links 16/07/2025: China’s Economy Grows Steadily, France Takes Action Regarding Harm to Children by GAFAM and Fentanylware (TikTok)
Links for the day
It is Not About Politics
Beware the people who try to make this about politics
Good Journalism Saves Lives
a shocking number of women die or get seriously hurt every day due to violence from a partner
Recognition of Women's Contributions to Free Software
Being passive is not an option when bad things are happening
Slopfarms Are Going to Perish Because Public Opinion is Changing
Many slopfarms will simply go offline
19 Years of Standing Up for Justice, Equality, and Truth
This week we shall take it up a notch
Gemini Links 16/07/2025: Tmux and OCC25 Working TLS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 15, 2025
IRC logs for Tuesday, July 15, 2025
Links 15/07/2025: LLM Pollution and Pushback in Ukraine
Links for the day
Gemini Links 15/07/2025: xkcd, New Cert, and Alhena Gemlog
Links for the day
Links 15/07/2025: Press Freedom at Risk and New Facebook Blunders
Links for the day
Reboots Should Never be Necessary
"BUT WHAT ABOUT SECURITY!!"
There's Still Hope for the World Wide Web
Let's hope that the trajectory of the Web won't be leading us to over-reliance on Google, nor will it reward worthless slopfarms
Gemini Links 15/07/2025: Smolweb and Alhena 5.1.7
Links for the day
The Danes Want GNU/Linux
David Heinemeier Hansson recently moved to GNU/Linux
Cory Doctorow Explains Why Software Freedom Matters, Whereas "Open Source" Misses the Point and Helps Monopolies
It's a very long article
BillPR (EpsteinGate-Bribed NPR) is Turning Into a Partial Slopfarm that Promotes Slop
"I went on a date with a chatbot!"
Two Weeks Passed Since Latest Large Wave of Microsoft Layoffs, More Expected Next Month
Blaming the debt on "AI" is just self-serving storytelling
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 14, 2025
IRC logs for Monday, July 14, 2025
Gemini Links 15/07/2025: Gemini "Style Sheets" and Switching From Microsoft GitHub to Codeberg
Links for the day