Bonum Certa Men Certa

Patent Question Becoming Central in the Software Freedom Debate

Team



Summary: Legal manipulators and the companies which hire them become gatekeepers that prevent competition by assembling cartels

HERE at Techrights we are disappointed that the Free software question becomes so hinged on software patents but we are pleased that people wake up and realise that unless this issue is tackled, software freedom will eternally be impeded. Techrights was actually born as "Boycott Novell" only because of the need to fight back against software patents. It is even sites like Tux Machines (usually very technical and Linux-focused) and OStatic (focusing on Open Source more than software freedom) where Susan Linton can recognise the importance of these issues. After a long downtime she wrote:



Looks like I missed the Texas Bedrock vs. Google infringement suit decision too. This could be a rather big deal for all who use Linux. Seems Bedrock's patent is so loosely worded and concerns such a basic function that any Linux distribution or developer could be in violation. Instead Bedrock is going after companies with deep pockets. Most lawyers and juries know so little about technology that they can be convinced of actual infringement. Even if justice prevails, these companies have spent more than the actual judgment in legal fees. There was a time and place where patents served a real purpose, but the system has been so gamed that it no longer works properly.

Speaking of patents, seems that Novell and CPTN has had to change the terms of their deal concering the sale of hundreds of patents. It seems the Department of Justice has decided that the sale of these patents to Microsoft and friends could (and probably would) jeopardize the ability of Linux and other Open Source projects to compete (or even develop) in the operation system arena. So apparently now Microsoft has to sell Attachmate the patents and all will be subject to Open Source licenses.


Then, her colleague/boss Sam Dean wrote about CPTN, which many people shy away from because it is seen as a "controversial" subject. Yes, all progressive actions are controversial in their times. Dean wrote:

No doubt, as the DOJ scrutinized this proposed patent deal, there was much complexity in the analysis. Novell goes back to the early days of local area networking and the PC industry, and its patents are influential and valuable. It's good news that a Microsoft-led consortium won't be permitted to simply run roughshod over the power of those patents. Oracle, Apple, and EMC are included in CTPN Holdings as well.

"To promote innovation and competition, it is critical to balance antitrust enforcement with allowing appropriate patent transfers and exercise of patent rights,” said Sharis A. Pozen, Deputy Assistant Attorney General of the Justice Department’s Antitrust Division. Amen.

Our original conclusion in the wake of the Novell buyout was that it would benefit Red Hat, and yesterday, Red Hat's stock jumped in the wake of new analysis that reached that same conclusion. The jump in the stock came after a research note from Piper Jaffray analsysts was released concluding that "44% [of business survey respondents] indicate that businesses will spend more on Red Hat due to uncertainty surrounding Novell's future as part of Attachmate, while only 4% expect the opposite."

This conclusion from Piper Jaffray's survey was implied the instant the Novell deal was announced. Make no mistake, Red Hat is the big winner in the wake of the Novell deal, and the tech giants behind CTPN Holdings have had their wings clipped in the wake of it, which is good news for open source.


Then came this column from a good author:

In a move designed to protect the free and open source software (FOSS) community, the U.S. Justice Department has intervened in an intellectual property case involving four dominant IT enterprises. The transaction involves software developer Novell (Nasdaq: NOVL) and a consortium made up of Microsoft (Nasdaq: MSFT), Oracle (Nasdaq: ORCL), Apple (Nasdaq: AAPL) and EMC (NYSE: EMC).


And another good piece of insight (sorry, we lack the time to comment on it today):

While the Novell/CPTN sale went in favor of the open source community, Google lost a $5 million judgment in an East Texas courtroom. Bedrock Computer Technologies successfully sued Google (NASDAQ: GOOG), alleging that the search giant infringes on U.S. patent #5,893,120, which it owns. According to Bedrock, Linux 2.4.22 and onward, as used by Google, infringes on its patent.

Google may have lost the first round, but this battle is far from over. Google will be fighting back in an appeal, as will other Linux vendors, including Red Hat.

Ultimately, the goal is to have the Bedrock patent declared invalid, though as is the case with anything in the legal system, it will take time.


The latter issue is particularly relevant and we provided links about it earlier in the week. Just a few more thoughts ought to be added, firstly contesting incorrect reports which say that "Google pays". Google will appeal, not pay, so this is just one among many headlines that can be very deceiving and frightening to adopters of GNU/Linux, e.g. [1, 2, 3]. The matter of fact is, Linux at Google is winning and those who claim otherwise typically turn out to have always had an agenda against Linux, even a vendetta. One of them carries on with her usual tabloid-like commentary. Yes, proprietary software is not so hot on GNU/Linux, so foes of Linux would use that against the platform. it's basically about Adobe's junk (Trash plug-ins and the likes of that) exiting from Linux while Google ushers in replacements such as WebM for video, further building a patent pool to advance that goal [1, 2] (it is called a "Cross-Licensing Initiative"). Apple's aggression against free codecs like this one helps show why a patent pool like CPTN is malicious. The same goes for the MPEG-LA pool. Some of these pools, unlike OIN, are run by aggressors; OIN and other Linux-oriented pools can really do little or no harm because of the terms under which they operate. As MSF puts it these days: [via Groklaw]

These animations explain why people in developing countries can’t get the HIV medicines they need to survive and how setting up a ‘patent pool’ could change that.

MSF calls on researchers and pharmaceutical companies: put your patents in the pool!


Doctors Without Borders suggests a patent pool, so not every such pool is malicious by design. It is important to recognise this fact because Linux foes like Microsoft Florian use spin to distort these facts. They just won't stop spreading their lies.

Recent Techrights' Posts

Richard Stallman Gives Talk in 20 Hours at Ostschweizer Fachhochschule Campus in Rapperswil-Jona
The talk is in English
 
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
Hard to Replace 'Human Touch'
The reason many people insist on using GNU
The Slop Companies Gamble at Our Economy's Expense and They Know It's a Losing Bet (So It's a de Facto Robbery)
The crash of this bubble isn't just inevitable, it's already happening and receding sporadically because of false announcements about money that does not actually exist (to "buy time")
Suppressing Speech by Blackmail, the Iran Story
When Debian wanted to stage a seemingly legitimate election it needed to have more than one candidate running; so eventually the female partner of a geek rose to the challenge (had no coding skills at all, no technical history in Debian) and lost to the "incumbent German"
Too Focused on Buzzwords the Media is Paid to Saturate the Collective Mind With
Just because companies do really bad things in the digital realm does not imply "AI" or follow from "AI"
Discrimination and Prejudice Against Female Journalists
we can shame people who attack a reporter on the grounds of gender
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part II - Trying to Put People in Prison for Committing the Act of Journalism
This is abuse of process
Attack on Copyright and Copyleft by Code Conversion Is Nothing New, It Predates Slop (Code Produced by LLMs) by Several Decades
Even back in the 90s many people converted programs from one language to another. That could invalidate copyleft (and copyright), which already existed
Almost a Slopless Weekend for "Linux"
Let's hope slop will come to an end or sites will cease linking to slop
Insiders Explain Why IBM is Dying and the Inherent Culture Problem
There are many ways to shave this IBM cat
Links 08/03/2026: Microsoft Lost $400 Million on "Project Blackbird" and Half the States Sue Over Illegal Tariffs
Links for the day
Links 08/03/2026: Cisco Holes Again and "Blatant Problem With OpenAI That Endangers Kids"
Links for the day
Activism/Journalism in Our Blood
one must fight for one's principles
Gemini Protocol in Its Prime
What's particularly neat about Gemini Protocol is that it's fast and cheap
Microsofters' SLAPP Censorship - Part 6 Out of 200: Intentionally Misnaming Women, People Who Offered to Testify That They Too Had Been Subjected to Similar Abuse
Today it is International Women's Day
Even Fedora Leadership Cannot Figure Out the Microsoft Kill Switch/Back Door, 'Secure' Boot
It does not actually enhance security
Bruce Perens: Richard Stallman "Has Achieved His Goal"
Stallman's next talk is tomorrow
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 07, 2026
IRC logs for Saturday, March 07, 2026
Gemini Links 07/03/2026: Buying Woodland, Indra 1.3.0 Available, and LLM Exhaustion
Links for the day
The Harder They Attempt to Take Down This Site (and Take Away Liberties), the More People Will See This Site
We'll carry on as usual, as from sunlight comes justice
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part I - A Matter of National Security
Those people are Americans who try to advance the interests of American corporations by weaponising courts abroad
Why They Always Try to Shoot the Messenger (When the Message Harms Profits)
A matter of economics
Coinbase - Like Block - is in Huge Trouble, Its Debt Nearly Doubled in Half a Year
The real reason Block is collapsing is its debt
Starting Another New Series This Evening, It's About American Folly
today commences a series long in the making (years)
Nations Stand to Benefit From Gender Equality and Increased Participation by Women
International Women's Rights Day starts in about 6 hours in the UK
Microsoft is Losing It, Now It's Censoring Its Critics and Sceptics
Whether the measurements made by statCounter are accurate or not, the trends (long-term) typically make sense
WIRED (Conde Nast) Reviews Are Paid-for Marketing Spam, They Change Dates on Old 'Articles' to Make Them Look Relevant and New
The Web is fast becoming a burial ground for ads, trash, spam, and slop
Gemini Links 07/03/2026: Humour, Chilling, and Oversized 'Phones'
Links for the day
Cyber|Show by Andy and Helen Recommended by Techrights and Tux Machines
If your time is limited and you look for informative essays and shows (audio)
Links 07/03/2026: CJEU to Finally Examine Behaviour of the Illegal and Unconstitutional Unified Patent Kangaroo Court, Creative Commons (CC) Hosts Open Heritage Statement Event in Amsterdam
Links for the day
Microsoft's Thailand Problem
It's definitely not Windows
New Lows for Microsoft in Micronesia
GNU/Linux has shown some growth there too
Microsofters' SLAPP Censorship - Part 5 Out of 200: Clearly Not a Security Professional/Expert, Only Ever Pretending to be One
"The Claimant says he is “a computer security expert”, but his background and his track record in the education sense (genetics) does not support this assertion."
Links 07/03/2026: Fuel Already Running Low and "Economic Crisis of the Iran War"
Links for the day
The Corporate Media Repeated the Lies Told by Jack Dorsey ("AI" Hype), Now It Does the Same for Larry Ellison
Disregard the hundreds of headlines that say mass layoffs at Oracle are due to "AI" something
The Free Software Community is Gaining Momentum as Its Importance is More Broadly Realised
As long as "trendy" technology goes in a negative direction there will be a growing portion in society looking for alternatives
Spooking or Chasing Away Women (From Computer Science)
The status quo discourages women from even trying to study Computer Science and related disciplines
"IBM Has Changed So Much in the Last Decade to the Point It's Completely Unrecognizable."
IBM is a dying, rotting company with a morbid culture
The Register MS, Sponsored by Communist Party of China (CPC)
What will happen when the bubble crashes the economy?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 06, 2026
IRC logs for Friday, March 06, 2026
Gemini Links 07/03/2026: Coffee Problem, Marchintosh, Learning, and "Selectively Disabling HTTP"
Links for the day