Bonum Certa Men Certa

More Patent Lawsuits Target GNU/Linux, Response Includes Calls to End Software Patents

Stallman lectures



Summary: A roundup of patent news affecting GNU/Linux and policy facilitating software patents in the United States

Patents and Free software don't get along. It's not surprising to see them colliding more and more as Free software becomes mainstream and even dominant in the operating systems sector.



Patent aggressor/accumulator Amazon has just gotten a taste of its own poison and it is targeting its Linux device, Kindle. 6 patents are involved in this lawsuit, which means that there is another attack vector challenging most Linux-based eReaders (almost all eReaders run Linux, some with GNU).

Linux, GNU, and Android have become common targets for patent aggressors. Apple was first large company to sue Android with patents and it is still going after Google through Motorola (aiming at FRAND with antitrust, just like Microsoft). Apple is also suing Samsung and it initially sued HTC (see Apple vs HTC). Both companies pay Microsoft for Linux, but possibly just for FAT support inside of it. According to this notice [PDF] from the ITC, deterrence against Apple's litigation might not work as CPTN members lobbied to stop an iPhone 4 ban and succeeded, letting Apple pursue its embargoes of Android devices without facing any risk of its own. Obama is to blame:

Obama vetos iPhone ban, gives Apple unfair advantage



As expected the Obama administration came running to wipe the nose of Apple by vetoing the ban on some of its iPhone and iPads. Samsung had won the ban from the ITC, as a response to Apple's repeated legal attacks on the company globally. This was one victory which could have forced Apple into settling the patent dispute for good.


Since when do Obama et al. specialise in patent cases? All they do is say they'll go after trolls while allowing cartels like CPTN to distort the market. Well, there is minor real progress by Google and Red Hat after they disappointed by going after trolls only. As Benjamin Henrion (FFII) put it the other day, "Google, Redhat and al petition US Congress to outlaw business methods, while they are fundamentally software patents" (link). To quote:

"This week, a coalition of more than 40 companies sent a letter to Congress asking for legislation that expands the Covered Business Method (CBM) program, a move some feel would stem patent abuse in the United States. Expanding the scope of CBM—a program that grants the Patent and Trademark Office the power to challenge the validity of certain business methods patents—would expedite the patent review process and significantly cut litigation costs, they say. "The vague and sweeping scope of many business method claims covering straight forward, common sense steps has led to an explosion of patent claims against processes used every day in common technologies by thousands of businesses and millions of Americans," says the letter, signed by companies like Amazon, Netflix, Red Hat, Macy's, and Kroger)."


Meanwhile there's resistance. The USPTO's staff is trying to guard against reform. In a paper which is being promoted by patent lawyers (the leeches in this whole system, as the leeches are not those who won't bother with insulting patents on trivial ideas) it is being claimed that software patents are not a problem. As Gérald Sédrati-Dinet (April) ‏put it, "PTO staff are known academics ? sorry but you'll need more convincing study" (it's not even a study, it's propaganda/marketing).

"I could have made money this way, and perhaps amused myself writing code. But I knew that at the end of my career, I would look back on years of building walls to divide people, and feel I had spent my life making the world a worse place."

--Richard Stallman

Recent Techrights' Posts

Enjoy the Giving/Sharing, Not Taking
We've long supported what we believed in, even with the little money we had
SLAPP Censorship - Part 190 Out of 200: Plagiarism, Back Doors, and Sabotage of Linux
This can go on for a decade or longer
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 20, 2026
IRC logs for Sunday, September 20, 2026
Gemini Links 21/09/2026: Digital Hoarder, GTD, Minimalism vs Digital Minimalism, Rejection of LLMs
Links for the day
Links 20/09/2026: "Google Now Asking For Users’ Video Selfies" and Energy Prices Set to Rise
Links for the day
Links 20/09/2026: Amazon Layoffs, Flock 'Buyouts' (Silent Layoffs)
Links for the day
USCIS and Microsoft Rumours: Curbs on Lowering Salaries by Importing Cheaper Replacements?
It seems like Microsoft's mass layoffs and efforts to cheapen the workforce face obstacles
Gemini Links 20/09/2026: "Music While Working" and Radio Silence
Links for the day
Clownflare Data From Canada
We've like to think many people are attempting to install GNU/Linux over the weekend
Linux Kernel Becoming a Slopfest - Part 5 - Kernel Dependency on Plagiarism Giant Microsoft is a Death Blow to Any Kernel
Microsoft is bringing copyright-infringing slop into Linux
GNU/Linux Has Grown a Lot Lately
Based on Clownflare
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 19, 2026
IRC logs for Saturday, September 19, 2026
Links 19/09/2026: Many Patents Become Candidates for Annulment and Linux [sic] Foundation Takes More Slop Money to Promote Malicious Bots
Links for the day
Gemini Links 19/09/2026: The Fundamental Human Assets, The History of Gopher's "i" Type, and ROOPHLOCH 2026
Links for the day
Links 19/09/2026: "OpenAI and Microsoft Knew They Were Starting a ‘Doom Loop’ [of Mass Plagiarism 'Normalised' by Brute Force] for the web", Calling It "Hey Hi"
Links for the day
8 Series Going on at the Moment in Techrights
4 series about SLAPPs and related matters
Linux Kernel Becoming a Slopfest - Part 4 - Outsourcing to Microsoft, Approaching 10 Gigabytes
Can we blame Microsoft for those DDoS attacks? Partly.
SLAPP Censorship - Part 189 Out of 200: A Terrible Idea to Condemn Projects for Using Slop 'Code' When Your Own Employer Does This (and Profits From Every Company Doing So) or to Call Distros 'Not Secure' While You Advance Back Doors
"I don’t want a back door. I want a front door."
Software Freedom Day 2026 is Today, Week-long Celebration in Brazil
In Brazil, Clownflare reckons about 1 in 20 laptops/desktops might use GNU/Linux already
Red Hat Lost 2,000 Staff (Net Loss)
Maybe by year's end it'll be a 20% reduction
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 18, 2026
IRC logs for Friday, September 18, 2026