Bonum Certa Men Certa

Why Google Will Invalidate Linux-Hostile Patents

Crosswalk



Summary: Explanations given to clarify that Linux is not under siege and that OIN helps deter Microsoft, leaving it using patent trolls and proxies for the attempted taxation of GNU/Linux

Microsoft feeding patent trolls with "anti-Linux patents" (not our own term but a term that was widely used at the time) is not a conspiracy theory, thanks in part to proof obtained by the OIN and the Linux Foundation [1, 2, 3, 4, 5, 6]. As we showed before, the patent troll-led MPEG-LA is batting for Microsoft's and Apple's benefit, directly aiming at Google as well (there is reactive defence from Google). Google's GNU/Linux servers, the free codec, the free Web browser, and Android are some of the lucrative targets these days. It is a subject which we tackled repeatedly over the past week [1, 2, 3], more latterly because of Microsoft Florian and his FUD about a patent ruling which will most probably be overruled.



Here are some interesting details about the source of the lawsuit:

Can't let it pass without comment: A mystery-company called Bedrock Computer Technologies sues Google in the Eastern District of Texas for infringing on a patent. And that patent names Linux! It's also going after Yahoo, MySpace, Amazon, PayPal, Match.com, and AOL (What??? Does AOL use Linux?).

You can just about throw a dart and hit a tech blog reblogging the story today, but I like Steven J. Vaughan-Nichols & Paula Rooney's take on it the best: "Idiotic Anti-Linux & Google Patent Decision" says it all.

It's almost a parody of a patent troll case. "Bedrock Computer Technologies" has a website, and what's on that home page? A showcase of technologies for sale by them? A shopping-cart section where you can actually buy something from them? Nope, just an Art-Deco logo straight out of Atlas Shrugged, linking to an email drop - I take it whomever's job it is to read the mail from that drop is having a jolly time hosing it out today. Bedrock is a patent troll, and they don't give a thin damn who knows it.


Given the geography of the case and given the depth of Google's pocket, this is more noise than signal. This will go away. It is a timely lesson, however, regarding the ridiculousness of software patents and it can rekindle this important debate.

Well, guess what? Even Microsoft boosters acknowledge that it's not as serious as Microsoft Florian tried putting it and Groklaw has this productive suggestion and constructive response which seeks to eliminate software patents as a whole. It is the only real solution. From the introductory summary:

This article provides a detailed factual explanation of why software is mathematics, complete with the references in mathematical and computer science literature. It also includes a detailed factual explanation of why mathematics is speech, complete once again with references. My hope is that it will help patent lawyers and judges handling patent litigation understand these fundamental truths, so they can apply that technical knowledge to their field of skill.

Case law on software patents is built on a number of beliefs about how computers and software work. But as you will see, when you compare the technical facts presented in this article and in the authoritative works referenced, with expressions in case law on how computers and software work, you will find they are often in complete opposition. I believe this is a foundational problem that has contributed to invalid patents issuing.

If you are a computer professional, I hope you pay attention to another aspect of the article, on how the lawyers and judges understand software. This is critical to understanding their point of view. After reading case after case on the topic, I have concluded that the legal view of software relies on beliefs that are in contradiction with known principles of computing. Computer professionals explain their profession based on an understanding that is, on its face, the opposite of a few things the legal profession believes to be established and well understood facts. Moreover, the law is complex and subtle. Computer professionals don't understand it any better oftentimes than patent lawyers understand software, and so they can make statements that make no legal sense.

I believe that coming to a clear and fact-based definition of what an algorithm is can help both sides to communicate more effectively. So let's do that as well.


Brian Proffitt says that there is "no reason to worry about Linux" because this patent verdict can be overturned quite soon. To quote his column:

I was on the road in Boston late last week, and thus was unable to easily write something up on the April 15 jury finding in the case of Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al.

That's the catchy name for the patent infringement lawsuit launched in 2009 by Tyler, Texas-based Bedrock against Softlayer and CitiWare Technology Solutions, LLC, two Texas-based software companies, and a few firms that are decidedly not from Texas: Google Inc., Yahoo! Inc., MySpace Inc., Amazon.com Inc., PayPal Inc., Match.com, Inc., AOL LLC and CME Group Inc. The suit alleges that a patent that Bedrock owns, US 5,893,120, is infringed by the defendants in the suit, because such a method is employed by the Linux operating system and as major users of Linux, the defendants are liable for damages.

Back on April 15, after a five-day jury trial, the Federal jury in Tyler, Texas indeed found in favor of Bedrock and specified that Google owed the company a huge, staggering amount of $5 million in damages. (Yes, that was sarcasm.)

Patent law followers will note the location of the trial venue. The United States District Court Eastern District of Texas is well-known as a favored district for patent infringement suits. It is no coincidence, surely, that Bedrock's founder David Garrod opted to start his company, which exists only as a holder of patents like 5,893,120, in such a patent-friendly location.


Proffitt's former colleague, Sean Michael Kerner, reminds us of the role played by the OIN, which has no built-in immunisation against patent trolls (e.g. those whom Microsoft feeds), unlike large companies that wage patent wars under different rules. To quote Sean:

Patents remain a source of risk for the open source ecosystem, though the Open Invention Network (OIN) is doing its' part to help reduce the risk.

The OIN launched back in 2005 as a group tasked with acquiring patents and then licensing them back to the open source community on a royalty-free basis.

OIN has continued to grow over the years, and for the first quarter of 2011, the group grew by over 70 new licensees including HP, Facebook and Juniper Networks.


Since those who bemoan Linux (and constantly spread patent FUD about it) also smear the OIN, surely there is something about the OIN which worries Microsoft; it acts as a deterrent. For example, Microsoft is not suing OIN members for patent violations, assuming they join early enough, unlike TomTom. The monopolist can use patent trolls to file these lawsuits however. Microsoft is, after all, the genesis of the world's biggest patent troll. It cannot deny this fact.

"In a world where there are $500 million dollar patent infringement lawsuits imposed on OS companies (although this is not completely settled yet), how would somebody like Red Hat compete when 6 months ago they only had $80-$90 million in cash? At that point they could not even afford to settle a fraction of a single judgment without devastating their shareholders. I suspect Microsoft may have 50 or more of these lawsuits in the queue. All of them are not asking for hundreds of millions, but most would be large enough to ruin anything but the largest companies. Red Hat did recently raise several hundred million which certainly gives them more staying power. Ultimately, I do not think any company except a few of the largest companies can offer any reasonable insulation to their customers from these types of judgments. You would need a market cap of more than a couple billion to just survive in the OS space."

--SCO's Strategic Consultant Mike Anderer

Comments

Recent Techrights' Posts

IBM's Payroll: Cannot Even Pay the People What They're Legally Entitled to
How financially-stressed is IBM at this point?
IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
 
Slop About "linux" in Google News
Once people recognise that those sites are fake it's hard to 'unsee' what they are
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part V - Attempts to Take Down and Suppress Criticism of Back Doors Controlled by Microsoft and the American Government
The cost of maintaining illusions
Slides From the European Patent Office (EPO) Explain Why They're Striking, How They're Striking, and What Comes Next
A week from now the strike will go ahead
GAFAM Datacentres Are Facilities of War, So Risk of Downtime by Missiles or State-Sponsored Cracking Has Vastly Increased
How safe is your business in "clown computing" or DCs marked as some "legitimate targets" at wartime?
Companies That Take Away Blood and Sweat From the Community to Sell a Ponzi Scheme to Everybody
We need Free software that is run by communities
1,234 People Gather Online to Plan Next EPO Strikes and Other Industrial Actions
yesterday an online gathering orchestrated the next moves by EPO staff
Links 11/03/2026: Fake Videos Swarm YouTube, "Ukraine Can Now Manufacture ‘China-Free’ Drones"
Links for the day
Gemini Links 11/03/2026: Lagrange for iOS and Android and "Turning a Folder of Git Repos Into Project Launcher"
Links for the day
Kafkaesque: Unlawful Activities in the UK to Cover Up Unlawful Activities in the United States of America
Why is bribery and even extortion seen is OK? Because rich people do those things?
Former IBM Executive, Ron Hovsepian, Doomed S.u.S.E. (SUSE)
SUSE is like a child nobody wants to raise
Quiet Layoffs or Silent Layoffs Alleged at Microsoft
Will some investigative journalists do their job now and ask Microsoft tough questions?
After a Long Lull LinuxTeck (linuxteck.com) Came Back Only as a Slopfarm
Unlike Linuxiac, LinuxTeck wasn't very active in recent years
Links 11/03/2026: EPO and USPTO Software Patents Thrown Out Again, Copyright Concerns Over Slop (Plagiarism Using Buzzwords)
Links for the day
Microsofters' SLAPP Censorship - Part 9 Out of 200: 5RB Barrister Does Not Even Know the Name of His Own Client (That He Was Paid Well Over $200,000 to 'Speak' or 'Cover' for)
If you assault women in the United States, there's a barrister available for you in the UK
IBM's Fedora is Now Led by GAFAM Slop
The official word of Fedora is partly slop
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026
Geminispace Continues to Grow
Geminispace Will Soon Have 5,000 Capsules
Very Little Slop About "Linux"
We hope to see slop eradicated by year's end
BBC Lied for Its Longtime Sponsor (Bribes for 15+ Years) Bill Epsteingate, in Effect Covering Up Sex Trafficking of Underage Girls
The state of the media is truly awful
Microsoft GitHub is Not Free Hosting and It Won't Last
Not for much longer [...] Microsoft is afraid to say that it is pulling the plug, but it seems inevitable
Mass Layoffs at Microsoft, March 2026
When will the media properly investigate this?
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part IV - Escalating to Ministers, Explaining the Severity of These Matters
British Sovereignty at Stake
"The Lost Generation" Came Back, This Time Literally
Based on my limited experience with young people ("alphas"), they're lost
IBM is Not Likely to Survive Another Decade
Despite having already survived over a century [...] Last week we saw claims that some company would likely acquire IBM for its remaining assets
IBM Has Just Been Sued Again by Its Own Staff (This Time a Manager, Stephen P. Gutierrez)
IBM's behaviour towards its staff can prove costly
When a Company Says Its Layoffs are "Due to AI" Check the Debt (Typically the Real Reason for Mass Layoffs)
The mass layoffs at Microsoft continue, but Microsoft hides those in some of the same ways IBM does
Doing More With Less
primacy of concepts rather than bells and whistles
Andy and Helen in Cybershow on Divesting From the United States' Technology and Politics
It is no longer considered a taboo to say this and it's not "anti-American" because many Americans can relate to and agree with such criticism
Links 10/03/2026: "GEMA v. Suno Copyright Case" and "Valve Faces PRS Lawsuit Over Allegedly Unlicensed Steam Music"
Links for the day
Gemini Links 10/03/2026: Woods in UK, Slop Laziness, and "Small Technology and Small Economic"
Links for the day
Garrett Announces LibreLocal Instance in Northampton, Massachusetts (USA)
his message was the only one last month
Microsofters' SLAPP Censorship - Part 8 Out of 200: Gross Misuse of UKGDPR to Protect the Agenda of American Back Doors (Mass Surveillance)
Responding to bunk claims regarding UKGDPR and claims of 'analytics' in our sites
Links 10/03/2026: Oil Prices Rising, South Korean/US Military Assets Redirected
Links for the day
Links 10/03/2026: Rust Rewrites by Slop "20,171 Times Slower", "You MUST Review LLM-generated Code"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 09, 2026
IRC logs for Monday, March 09, 2026
Attacks on Techrights Make Techrights Stronger and Attract More Whistleblowers to Techrights
The harder they attack us, the more productive we become
The Register MS Has Just Taken Money From Google (Where the Former Chief Editor Now Works) for Femmewashing and Ponzi Scheme Promotion
now The Register MS not only promotes a Ponzi scheme but also bags money to pretend Google respects women
People at IBM Are Still Smart Enough to Understand What's Really Going on
"I would never refer someone to work at IBM that I liked! I hope all of you have reviewed IBM on Glassdoor."
European Patent Office (EPO) to "Eventually Eliminate the Tasks Performed by Formalities Officers"; EPO Run by People Without Experience in Patents
full paper
RMS is 73 Next Week
Richard Matthew Stallman (RMS) turns 73 exactly 7 days from now
Iran & FSFE: blackmailing women, from football to the French Government (CNIL)
Reprinted with permission from Daniel Pocock
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part III - Very Strong Legal Basis for an Appeal
The case is now being escalated to a Foreign Secretary and former Deputy Prime Minister
Police investigations, lawsuits & Debian leader election candidate shortage
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) Has Defeated Cancel Culture, a Mostly American Phenomenon
RMS is talking now
No Slop Found in RSS Feeds, Only in Google News
No slopfarm will survive for very long, certainly it'll go bust as soon as readers (if it had any) know what it is
Links 09/03/2026: Many Security Breaches and a Pandemic of Censorship
Links for the day
People Who Work or Worked at IBM Hate It
bluewashing is only the first step
Richard Stallman (RMS) Talks in 30 Minutes, Next Stop Bern (Last Stop)
We assume he'll travel back to Boston after that
IBM's Fedora as a Booster of Slop Disguised as Code or Computer Programs
Maybe we should also stop seeing a doctor and instead ask chatbots about symptoms?
Richard Stallman (RMS) Talk Five Hours From Now
there is growing recognition for what he really did for everybody
What the Solicitors Regulation Authority (SRA) and Action Fraud UK Have in Common
Don't let London become the world's "crime capital"
EPO Strike 10 Days From Now, Planning Assembly Tomorrow, Last Couple of Strikes Had High Participation Rates (1,500-1,600 Staff Went on Strike)
The next strike is in 10 days' time and then there will be another strike
Dr. Andy Farnell on How GAFAM, NVIDIA and Others Lie to People Via the Sponsored Media to Prop Up Lies Under the Guise of "AI"
Lots of key aspects are covered
Links 09/03/2026: GAFAM Outsourcing, "MAGA Political Meddling" in EU, Indonesia Bans Social Control Media for Children Under 16
Links for the day
Using Slop (and Slop in Articles) to Attack Copyleft 'on Budget'
This article is pure BS from an anti-GPL and anti-RMS 'activist'
Why The Register MS Sold Out to Microsoft: They're Losing Lots of Money, The Register MS is Bleeding to Death, Based on Its Own Financial Records
With over 6 million pounds in debt (nearly 10 million US dollars) we guess it's likely some other company will take over the site (if it deems it worthwhile)
Microsofters' SLAPP Censorship - Part 7 Out of 200: Like With the Serial Strangler From Microsoft, Misuse of UK-GDPR to Try to Hide Embarrassing Facts
They do and say really bad things, then allege it's a "privacy violation" to mention those things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 08, 2026
IRC logs for Sunday, March 08, 2026
Gemini Links 09/03/2026: Exponentials and Tailscale
Links for the day
Sloppyleft
Article by Alexandre Oliva