Bonum Certa Men Certa

Patents Roundup: Ill-conceived System Under Siege, Microsoft's Attacks on Linux and Google's Response

The patent litigation system is getting rusty, must go away



Summary: Opposition to software patents appears to be on the rise and Microsoft's lawsuits against Linux distributors (whom Microsoft just cannot compete with) contribute to this opposition; Google and Red Hat are encouraged to abolish software patents altogether, not adapt to them

"I’m trying to think of another business,where breaking the law is a necessary part of the business model," explains this person whose article "Start-ups in the maze of software patents" sheds light on the real benefactors of the patent system:



Have you ever thought about patenting a pop up note, an online poll, a leaderboard in an online game, or a system where you open apps by clicking icons? I have some bad news for you – it’s impossible. Not because the claim is stupid, it’s just that all of those things are already patented (take a look here, here, here, or here).

And it’s all fun and factoids, until one day you find yourself in the role of a software start-up, looking down the long black tunnel of software patenting, leading from Happy Town to Reality Check Station in Breakdown City.


Alexandra Weber Morales argues that the Supreme Court should care about software patents. Really, it's about time something is done about it. Having addressed the Bilski case, there seems to be not enough precedence to block similar patents from being granted and it's "iculous software patents," as Slashdot calls them, that turn into "a developer's Nemesis".

Things are not quite as the propaganda puts it -- propaganda which typically comes from patent lawyers and lobbyists (working for large aggressors). Those who can benefit from software patents require a lot of patents, otherwise they can easily be defeated in court; everything infringes on everyone else's monopolies and even Red Hat saw the need the get some patents, for what it claims to be defensive purposes. Sean Michael Kerner discusses a subject mostly brought up by Microsoft boosters who are openly hostile and very combative against Red Hat; he reassesses Red Hat's relationship with software patents. We touched this subject before [1, 2, 3, 4, 5], concluding that Red Hat must change its attitude.

Red Hat played a role in the patent fight in Europe back in the days. It even funded Microsoft Florian, who recently defected to clients on the other side on the face of it. To recall some of the things which happened back in the days, one blogger writes:

For years, the free software movement rallied European citizens and small and medium businesses to reject a very bad directive on patentability of ‘computer implemented inventions’ (in other words, software) that would have damaged society in the long run. We managed to coordinate a strategy between different organizations, like FFII and FSFE. The movement succeeded in building a vast coalition of supporters against the directive, across the political spectrum. We isolated European giants SAP and Nokia, left alone to support a directive that appeared to be written by US-based multinationals.


The FFII has also just responded to Microsoft's latest attack on Linux -- an attack which is of course using software patents. "We predicted years ago that Microsoft would go after Linux challengers with software patents", the FFII's president, Benjamin Henrion, is quoted as arguing and to quote the entire thing (from E-mail).

Patent wars on - Microsoft sues Android retailers ===========================================================

Berlin, May 25rd 2011 -- This week Microsoft sued the retailers Barnes&Noble, Foxconn and Inventec for distributing devices using the Android platform. The Android is a Linux derivate from Google. It is the most recent lawsuit in a battle of dominance on the tablet and smartphone market.

“"We predicted years ago that Microsoft would go after Linux challengers with software patents”
      --Benjamin Henrion
"What a desperate sales argument to sue retailers which use a competing platform. It's 'Take our platform or get sued'. Patent war is on. I am inspired by products like Openmoko and Android, not libel and lawsuits.", finds FFII vice president Rene Mages.

"We predicted years ago that Microsoft would go after Linux challengers with software patents", explains FFII president Benjamin Henrion. "It shows how patents stifle innovation".

The FFII has a track record of making contructive proposals for reforming the patent system to eliminate software patent threats for developers.

=========================================================== Patents ===========================================================

U.S. Patent 5,778,372 "Remote retrieval and display management of electronic document with incorporated images" U.S. Patent 6,339,780 "Loading status in a hypermedia browser having a limited available display area" U.S. Patent 5,889,522 "System provided child window controls" U.S. Patent 6,891,551 "Selection handles in editing electronic documents" U.S. Patent 6,957,233 "Method and apparatus for capturing and rendering annotations for non-modifiable electronic content"

=========================================================== Links ===========================================================

Microsoft press release http://www.microsoft.com/presspass/press/2011/mar11/03-21corpnewspr.mspx

Complaint for patent infringement http://www.geekwire.com/wp-content/uploads/2011/03/msvbandn.pdf

Stop Software Patents in the EU petition http://www.stopsoftwarepatents.eu

Permanent link to this press release: http://press.ffii.org/Press%20releases/Patent%20wars%20on%20-%20Microsoft%20sues%20Android%20retailers

=========================================================== Contact ===========================================================

FFII Office Berlin Malmöer Str. 6 D-10439 Berlin Fon: +49-30-41722597 Fax Service: +49-721-509663769 office at ffii.org

Benjamin Henrion FFII Brussels +32-484-56 61 09 (mobile) bhenrion at ffii.org (French/English)

=========================================================== About FFII ===========================================================

The FFII is a not-for-profit association registered in twenty European countries, dedicated to the development of information goods for the public benefit, based on copyright, free competition, open standards. More than 1000 members, 3,500 companies and 100,000 supporters have entrusted the FFII to act as their voice in public policy questions concerning exclusion rights (intellectual property) in data processing.



Microsoft's lawsuits are actually a sign of failure according to some people's views:

It’s pretty clear that Microsoft, a many-time failure at mass-market tablets has decided that if they can’t beat Apple and Android at popular tablets, they’ll sue them instead. That’s my only explanation for Microsoft suing Barnes & Noble, Foxconn, and Inventec over their Android e-readers.


Vista Phony 7 is still grappling with copy and paste, so Microsoft realises it simply cannot compete by making new products. More Microsoft partners are getting fed up too. Expensify's CEO explains 'Why We Won't Hire .NET Developers' and "Phone maker publicly says ‘No’ to WP7", as we noted earlier this month.

The Consumerist says: "Microsoft says Barnes & Noble isn't licensing the concepts that others, such as Amazon and HTC, pay Microsoft to use." It's just extortion. As noted here before, it's easy to debunk Microsoft's contention and as Tim noted before, it just shows how Microsoft really feels about "open source" and competition in general, namely:

Again I find myself making the observation that Microsoft’s future appears rather more in the courtroom than actual products on shelves. A rather sad state of affairs? Is Microsoft the dog that sits under the table in the hope that someone will take pity and throw it a scrap of food? I’ll let you decide.


Rob Pegoraro writes (about Microsoft and also Apple): "Throwing out ill-founded software patents is the solution. Until that happens, Microsoft may collect some extra royalty fees from companies like Amazon and HTC that find it easier to settle than to slug things out in court. But the company certainly won't be earning any respect for this move."

"Robocast Sues Apple For Infringing Its ‘Automated Browsing’ Patent," says another headline about another patent, "which is, of course, utterly trivial," says Glyn Moody.

Apple is on the receiving end of yet another patent infringement lawsuit. A company called Robocast alleges that Apple has willfully incorporated its patented automated browsing technology in a number of products, including iTunes, Apple TV and Front Row, without licensing their ‘invention’.

Robocast, which was founded by Damon Torres, who claims to have pioneered the use of automated web browsing in the nineties, has earlier sued Microsoft on similar grounds.

The court documents offer a fascinating read – as far as I’m concerned – so I’ve embedded them below.


In other news, from CNET, "U.S. backs I4i in patent case against Microsoft" (showing that Microsoft does not respect software patents, either, wilfully infringing some). Microsoft is trying to portray Google as some kind of firm that disrespects so-called 'intellectual property'. Aoife White writes about Google's latest patent-promoting move and "Google gets patent for its doodles" says another CNET headline:

And yet I still found myself sensing a momentary twitch of the single gray hair between my eyebrows when I heard that Google had been awarded a patent for its doodles.


Sometimes Google seems to be fighting against software patents, just like Red Hat. But at the same time both companies show no true commitment to such a goal, as we repeatedly showed before. Microsoft has just paid Nortel $7.5 million for IPv4 addresses, whereas Google considered buying Nortel's patents. "Google hasn't said what that means. But it appears to involve calling on the services of Quinn Emanuel Urquhart & Sullivan's Charles Verhoeven to help fend off the complaints," states this new article, adding context later:

Verhoeven, who helped Google win several patent trials last year, has appeared on behalf of HTC Corp. or Motorola Inc. in four of the five Android-related suits filed at the International Trade Commission and in more than a half-dozen suits in federal court.

One of the most closely watched is Apple's ITC claim against HTC, which is set for trial next month. Verhoeven and his firm joined the defense in August.

Neither Verhoeven nor his clients will confirm or comment on the arrangements under which he's appeared on their behalf. "A lot of people like Charlie," said Michelle Lee, who heads patent litigation at Google. She referred further questions to Google's press office, which declined to comment.


Rather than concentrate on making products and hiring engineers Google is now wasting effort on lawyers and patents. Who does this benefit? But more importantly, it sometimes seems like there is internal tension between the lawyers and the engineers in companies like Red Hat and Google (the lawyers justify their existence by harbouring patents). This ought to be resolved.

Recent Techrights' Posts

Microsoft Lunduke Keeps Distracting From the Real Problems With Rust
Microsoft Lunduke is stigmatising critics
Stack Ranking Against IBM/Red Hat Staff and a Signal of Mass Layoffs (RAs) Justified by Red Hat and IBM as Poor Performance/Misconduct/Other
Working in an atmosphere like this sounds like a nightmare
Microsoft's "valuation depends on infrastructure that does not exist."
Indeed
The Typical Trajectory: Datamation Began Experimenting With LLM Slop for Fake Articles. Then Datamation Died. (Last Month)
It's always ending up this way
Avoiding the Spooks (Nobody Watches the Watchers, They're Practically Unaccountable)
If more people adopt encryption, it'll be easier for us to deal with whistleblowers
Protecting Whistleblowers Requires Technical Knowledge/Skills
even the highest media judges aren't aware of how to protect sources
Report/Benchmark Says 'Vibe Coding' Results in Security Holes
There are risks they don't like talking about
Record Traffic in Geminispace or Over Gemini Protocol
it's never too late to join
The "Alicante Mafia" - Part III - Europe's Second-Largest Organisation on Strike, Protests, Other Industrial Actions to Come Impacting Over 95% of the Workforce
The EPO's management is highly evasive, weak, and vulnerable
The "Alicante Mafia" - Part II - Breakout of Discontent This Winter in Europe's Second-Largest Organisation
So far we've caused a lot of panic and stress inside Team Campinos
The "Alicante Mafia" - Part I - An Introduction to the Mafia Governing the EPO
Are some people 'evacuating' themselves to save face?
At Microsoft, "Firing People is a "Cheat Code" to Pump the Stock Short-term But They Are Literally Destroying the Company's Soul Long-term."
They frame layoffs as a "success story"
 
Links 17/01/2026: Internet Blackout Normalised, Russian Attacks Civilians by Causing Massive Blackouts
Links for the day
Linuxiac Has Become a Slopfarm, Calling Them Out Isn't Fixing That
What a shame. A once-decent site about "Linux" bites the dust.
Luzern Lion Monument, Albanian Female Whistleblowers: Swiss jurists were cowards
Reprinted with permission from Daniel Pocock
The Splinternet is Already Here, Owing to the Militarisation of Technology (Slop, Social Control Media, Back Doors, and More)
you know what's gonna happen next...
Gemini Links 17/01/2026: Slow computing and Environment Leak
Links for the day
Links 17/01/2026: US Censorship and Violence Crisis, Growing Anger Levels Against Slop Sold as "Intelligence"
Links for the day
Accounts or Devices (e.g. Phones) That Get 'Burnt' Have Many Pitfalls
Embassies and consulates habitually fail at this
At Least 5 Women Quit Brett Wilson LLP in Recent Months. It's the Firm That Attacked My Wife and I on Behalf of Americans (One of Them Strangled Women).
It seems like good news that the women escape this workplace
Slop About Slop and Slop About "Linux"
In short, avoid slopfarms
EPO Abuses Covered in Spanish
Knowing what we know (and heard/saw), the sinister silence of the media is perceived by some to be complicity of the lower order.
Richard Stallman Encourages "ICE Out For Good" Protests, His Opponents Do Not (Passive and Uncaring About Human Rights)
He has done a lot philosophically, politically, and so on
Claim That IBM Marked 15% of its Workforce for Potential Layoffs
No wonder we keep hearing from Red Hat people who say they hate IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 16, 2026
IRC logs for Friday, January 16, 2026
Great Reset at IBM, the Company That Pulps Red Hat
In 2026 many workers are RTO'ed, PIP'ed, and at Red Hat many have effectively 'left the company' and now start afresh as "IBM" staff
J.H.M. Ray Dassen & Debian, Red Hat, GNOME unexplained deaths
Reprinted with permission from Daniel Pocock
Gemini Links 16/01/2026: "Porting My Main Website Over to Gemini" and Seeed Studio DevBoard
Links for the day
IBM Stacked and Ranked Badly, Maladministration Dooms the Company
Now they stack people up for PIPs and layoffs ("RAs")
Google News Poisons Its Own Index With More Slopfarms (Including "filmogaz")
Naming and shaming lazy slobs who rip off other people using LLMs can work, eventually
Links 16/01/2026: UK Royal Family's "Legal Team Accused of Dishonesty, Fraud and Misconduct", OSI Still Controlled by Microsoft (the OSI's Spokesperson is on Microsoft's Payroll, Not Interim Executive Director, Deborah Bryant)
Links for the day
Writing About Corruption
Fraud is everywhere
The B in IBM is Brown-nosing and Buzzwords (or Both)
International Buzzwords Machines
Naming Culprits in Switzerland
Switzerland is highly secretive about white-collar crime
IBM's 'Scientific-Sounding' Tech-Porn Won't Help IBM Survive (or Be Bailed Out)
Who's next in the pipeline?
IBM Was Never the Good Guy
its original products were used for large-scale surveillance, not scientific endeavours
The Bluewashing is Making Red Hat Extinct (They All Become "IBM", Little by Little)
IBM does not care what's legal
Slopfarms Push Fake News About Microsoft Shutdown, 30,000+ Microsoft Layoffs Last Year Spun as Only "15,000"
The Web is seriously ill
Countries Take Action Against Social Control Media and 'Smart' 'Phones', Not Slop (Plagiarised Information Synthesis Systems or P.I.S.S.)
None of this is unprecedented except the scale and speed of sharing
Sanitised Plagiarism as "AI" (How Oligarchy Plots to Use Slop to Hide or Distract From Its Abuses, or Cause People Not to Trust Anything They See/Read Online)
This isn't innovation but repression
Sites That Expose Corruption Under Attack, Journalism Not Tolerated Anymore (the Super-Rich Abuse Their Wealth and Political Power)
Sometimes, albeit not always, the harder people try to hide something, the more effective and important it is for the general public
Recent Layoffs at Red Hat (2026 the Year of Ultimate Bluewashing)
I found it amusing that Red Hat's CEO has just chosen to wear all blue, as if to make a point
Links 16/01/2026: Social Control Media Curbs in Australia Underway, MElon Still Profiting by Sexualising Kids 'as a Service'
Links for the day
More People Nowadays Say "GNU/Linux"
We still see many distros and even journalists that say "GNU/Linux"
LLM Slop on the Web is Waning, But Linuxiac Has Become a Slopfarm
I gave Linuxiac a chance to deny this or explain this; Linuxiac did not
More Signs of Financial Troubles at Microsoft, Europe Puts Microsoft Under Investigation
The end of the library is part of the cuts
Team Campinos Talks About SAP Days Before EPO Industrial Actions and a Day Before the "Alicante Mafia" Series (About Team Campinos Doing Cocaine)
EPO staff that isn't morally feeble will insist on objecting to illegal instructions
Pedophilia-Enabling Microsoft Co-founder Cuts Staff
Compensating by sleeping with young girls does not make one younger
Microsoft Shuts Down Campus Library, Resorts to Storytelling About "AI" to Spin the Seriousness of It
Microsoft is in pain
Free Software Foundation (FSF) Back to Advertising the Talks of Richard Stallman
A pleasant surprise
Stack(ed) Rankings and Ongoing Layoffs at Red Hat and IBM (Failure to Keep Staff Acquired by IBM)
IBM is mismanaged and its sole aim is to game the stock market (by faking a lot of things)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 15, 2026
IRC logs for Thursday, January 15, 2026
Gemini Links 16/01/2026: House Flood and Pragmatic Retrocomputing Dogfooding
Links for the day
Links 15/01/2026: Starlink Weaponised for Regime Change (by Man Who Boasted About Annexing South American Countries for Tesla's Mining), Corruption in Switzerland Uncovered by JuristGate
Links for the day
Linuxiac May Have Reverted Back to LLM Slop (Updated Same Day)
Is he back off the wagon?
GAFAM and IBM Layoffs Outline
a lot of the layoffs happen in secrecy and involve convincing people to resign, retire, relocate etc.
Links 15/01/2026: Internet Blackouts, Jackboots Society in US
Links for the day
Coming Soon: Impact With EPO Cocainegate
Will Campinos survive 2026?
The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
The Creator of Git Probably Doesn't Know How to Install and Deploy Git
Nobody disputes this: Mr. Torvalds created Git
Slop is a Liability
Slopfarms too will become extinct because people aren't interested in them
GAFAM is a National and International Threat to Everybody
GAFAM is just a tentacle in service of imperialism
EPO People Power - Part XXXVI - In Conclusion and Taking Things Up Another Notch
They often say that the law won't deter or stop criminals because it's hard to enforce laws against people who reject the law
Running Techrights is Fun, Rewarding, and Gratifying
In Geminispace we are already quite dominant
Red Hat is Connected to the Military, Its Chief Comes From Military Family (From Both Sides)
The founder of Red Hat's parent company literally saluted Hitler himself (yes, a Nazi salute)
Don't Cry for Gaslighting Media in a Country Which Loathes the Press
my wife and I received threats for merely writing about Americans
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day