Bonum Certa Men Certa

Software Patents Are Still Menacing to Free Software: OIN Expands Scope, HEVC Adds to MPEG-LA Burden/Tax, Google and Facebook Give in on Patents

Making distribution of software strictly contingent upon payments

Wealth



Summary: A look at recent news about software patents and especially Free/libre software, which is inherently incompatible with them

SOME time ago the OIN announced that it was extending its 'coverage' of 'protection' for Linux-related packages. "For this update," is said, "115 new packages will be added to the Linux System, out of almost 800 proposed by various parties. Key additions are the reference implementations of the popular Go and Lua programming languages, Nginx, Openshift, and development tools like CMake and Maven. This update will represent an increase of approximately 5% of the total number of packages covered in the Linux System, a reflection of the incremental and disciplined nature of the update process."



It's a shame that they don't mention GNU at all, but let's not get too pedantic about words and 'brands'. Simon Phipps from the OSI covered this almost a week later (the technology media largely ignored the OIN's announcement), writing that "Docker, Puppet, LibreOffice, and the Go language are the latest additions to the Open Invention Network's extensive patent nonaggression umbrella" (patent pool may be more accurate a term than nonaggression umbrella).

"Out of nowhere," the inventor and developer of Ogg wrote some weeks ago, "a new patent licensing group just announced it has formed a second, competing patent pool for HEVC that is independent of MPEG LA. And they apparently haven't decided what their pricing will be... maybe they'll have a fee structure ready in a few months."

So a new patent troll emerges to attack Free software in multimedia, adding its weight (and tax) to that of MPEG-LA, a patent troll that's already viciously criticised by Simon Phipps. It's not getting much better, is it? The OIN has no way to protect against such patent trolls. If they are non-practising, then there is no way to retaliate with a defensive lawsuit, is there? That's just why we deem OIN not part of the overall solution, just a sort of duct tape. The OIN does not lobby for patent reform that involves elimination of software patents. The OIN was founded and first run by proponents of software patents (it was initially managed by a man from IBM, perhaps the leading or biggest proponent of software patents).

"It is somewhat understandable that Google fears destruction by patents given all the patent attacks against Android, multimedia codes that are FOSS (VP8/9), etc."Meanwhile we have noticed (last night) that Google goes deeper into the patents mess. "Google is a large company that has plenty of technology and many innovations," says the report, "and in turn they hold plenty of patents on those technologies, but they still fell behind other big name tech companies last year for the biggest earners of U.S. patents. According to Fortune though, Google did rise up the list to reach being the company with the 8th largest amount of U.S. patents being awarded to them last year, gaining around 38% more patents in 2014 than they had the previous year which totaled a number of 2,566 U.S patents in all. With such a large portfolio it must seem like a daunting task to keep up on all the information related to patents in Google’s portfolio, and that may be true, but Google’s legal team has more than a few tools at their disposal to get the job done and one of those is an analytics software called PatentIQ."

It is somewhat understandable that Google fears destruction by patents given all the patent attacks against Android, multimedia codes that are FOSS (VP8/9), etc. Companies like Microsoft, Apple, Oracle and numerous smaller trolls that they are feeding (Rockstar Consortium and MPEG-LA, to name just a couple, let alone Intellectual Ventures, CPTN, MOSAID/Conversant, and Acacia) are usually behind it.

"Kudelski Group and Google Enter Into Patent Cross License Agreement," said this headline very recently, adding not many details except this: "The Kudelski Group, a leading independent provider of media protection and value-added service technology, and Google, today announced they have entered into a multi-year patent cross licensing agreement."

There is clearly a systematic issue here and unless we manage to get rid of software patents in the US, this issue won't just go away.

Simon Phipps wrote another related article recently. Titled "Facebook gives in on patent grant", the article explains how occasional patent bully Facebook tries to appease its critics:

Late Friday, Facebook announced it's finally giving in to pressure from the open source community and fixed its open source patent grant. While most people felt the intent was good and welcomed the original version of the grant, it was worded in such a way as to give Facebook a significant legal advantage in any open source community where it was the initiator.

While current versions of modern open source licenses, such as the Apache License, the Mozilla Public License, and the General Public License, all include coverage to patent rights associated with the copyrights the licenses cover, older licenses like BSD and MIT include no explicit patent grants. Facebook was following common practice by giving a full license to any patents necessarily infringed by users of code in Facebook projects that incorporated the grant under those licenses.


For the Free/Open Source software world the patent situation has become very tricky, so in the coming few posts, spread across the coming few days, we are going to explain where we're at when it comes to patent law. It's not looking too good because large corporations diverted the entire public debate to "patent trolls". The corporate media helps them do this.

Recent Techrights' Posts

Trajectory of O'Reilly: From Publisher of Books to Microsoft Advertiser
The state of the media is not good and when prolific book publishers start running ads as 'articles' or videos (never mind the disclosure) it is rather tasteless
Links 17/06/2026: Slop's “Crack Cocaine” Approach to Pricing, Microsoft's Rapid Shrinking of Gaming Business
Links for the day
Links 17/06/2026: "How Developers React to Slop-Scented Blog Posts", Police Caught Fabricating Evidence Using Slop
Links for the day
More Than 90% in European Patent Office (EPO) Ballot Vote for Continuation of Industrial Actions/Strikes, About Half Wish to Further Intensify These
Ballot results on intensification of actions
If Not Now, Then When?
If you are not part of the solution/s, then you're merely a vessel or passive participant
Microsoft Offers People 'Retirements' (Again) to Fake (Artificially Lower) Number of Layoffs, Those People Are Nowhere Near Retirement Age
Microsoft implicitly affirms huge cuts are coming
Gemini Links 17/06/2026: 10 Years in Canada, Wild Flower Explorations, and Microslop
Links for the day
European Patent Office (EPO) Series: The Portuguese Prodigy
In this part we will present some additional background information about Mendonça's activities before he joined the EPO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 16, 2026
IRC logs for Tuesday, June 16, 2026
Microsoft Will "DOOM" id Software and Others, Claim Observers
As the worst predictions trickle in and out Microsoft loses control of the narrative
Austria Shows Rapid Demise of Windows in the EU
Expect many Microsoft layoffs soon, and not just in XBox/gaming
Links 16/06/2026: Mainstream Media Affirms Microsoft Studio Closures Planned, Anthropic’s Latest Marketing Hype Debunked by Experts
Links for the day
This Morning The Register MS Published Page With "AI" 42 Times in It. It Was Paid SPAM.
The Register MS is propping up a pyramid scheme
Microsoft XBox is Having Its 1990s Apple Moment (Near Bankruptcy), Says Respected Insider
Microsoft's CEO has already admitted that XBox is having serious financial problems [...] They already try to reuse the brand "XBox" to refer to Vista 11
OECD Carries Water for Microsoft, Targets Schools and Children With Slop Agenda
Peel off a layer or two to find GAFAM
Microsoft "Xbox braces for sweeping studio closures before June 30."
Microsoft's control of the damage-limiting narrative has clearly slipped
In Africa's Largest Nation Windows Has Fallen From 100% to a Lot Less, Now All-Time Lows
Let's see what happens or will happen in Algeria in 2027
Richard Stallman's Talk Due in One Hour, Here's What People Say
To Stallman, what matters is control by users and collective control
SLAPP Censorship - Part 108 Out of 200: Moving On and Moving Up
an explanation of our rich history and commitment to courageous whistleblowers
Links 16/06/2026: UK to Restrict Access to Social Control Media; The FCC Wants to Eliminate Burner Phones
Links for the day
Why We Call Him Dr. Stallman
He got at least 15 such titles
United States of America: GNU/Linux Hovering Around 5% (It Started There)
GNU/Linux is turning 43 this year (in a few months), Linux will turn 35
Microsoft Promises Made to be Broken
It's a real problem and it is not limited to XBox
IBM Down $61 in Two Weeks, The Lies About Quantum Computers Didn't Last Long
IBM is an unsafe employer, not a good place to work
You Probably Don't Want to "Go Viral" in Toxic Social Control Media
Good news sites do not strive to go "viral" but to be consistently good, irrespective of "traffic"
New 'Article' in The Register MS Has Mentioned "AI" 44 Times. The Register MS Got Paid to Publish It.
Bear this in mind when seeing "hey hi" all over the news
18-Year Anniversary of Our IRC Community
As noted some months ago, trolling and abuse in our IRC network is very rare these days
Microsoft - Like IBM - is Leaving a Legacy is Emptied/Abandoned Buildings
Microsoft's LinkedIn had many layoffs recently
Richard Stallman's (RMS) Speaking Tour in Europe Coincides With Abandonment of Microsoft Windows
The message applies to all governments
Gemini Links 16/06/2026: Nazi Law of Mental Abuse and Lewis Aburrow's 3D-Printed Slider
Links for the day
Links 16/06/2026: Windows TCO and Fedora Finding Serious 20-Year-Old Holes in Microsoft Outlook
Links for the day
European Patent Office (EPO) Series: An Advisor to the President
he had recently advanced to membership of the "inner circle" of Team Campinos.
Two Weeks Ahead of July Three Studios Microsoft Plans to Shut Down Already Named
This is what happens when companies try to establish themselves on a mountain of promises and false assumptions, kicking the can down the road until payroll becomes hard to complete
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 15, 2026
IRC logs for Monday, June 15, 2026
IBM Works for Microsoft
Hours ago in IBM.com
Microsoft May Already Be Shutting Down More Gaming Studios
the writings are on the wall: XBox is in disarray.
European Patent Office (EPO) Series: The EPO's Brussels Liaison Officer
It would appear that in January 2020, Pellegrino was induced by Campinos to jump ship from the EUIPO and take up his current position as Brussels Liaison Officer for the EPO
European Patent Office (EPO) Receiving Section (RS) and Elimination of Many Roles
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO) [...] Does the EU leadership intend to tolerate this?
Microsoft's XBox is Disintegrating, Executives Are Quitting
We're basically witnessing the slow-motion "end of XBox"
Gemini Links 15/06/2026: Slop Code Benchmarked, Wireguard on NixOS and Guix
Links for the day
Links 15/06/2026: More Own Goals for the Slop Industry, Palantir Trouble in UK
Links for the day
Apple Wants Everybody to Forget About "Vision Pro" Because It Was a Giant Flop
worthless gadgets with no obvious use case/s
The Cyber Show is Adopting 'Book Form' (or Long Form Publications)
Andy and Helen nowadays invest more time in making their site faster
Richard Stallman's Software Freedom/Digital Sovereignty Tour in Europe
As things stand at present, the vast majority of people have their interactions controlled/policed by GAFAM
Estimates of Scale of Microsoft Layoffs, Will Likely Happen "in Batches"
"Heard 10 to 15 percent eventually but idk date."
IBM Has Put Red Hat on a Poor Diet of Slop, Now Fedora and Red Hat Suffocate or Choke on It
Over the weekend we saw more people leaving the company
Estimates of Microsoft Layoffs: 3,000 Staff to be Culled Just in Gaming, How Many in Other Divisions?
Now the XBox division has its own "fall guy", but it is a woman
Straw Man Arguments Against Rust
If anything, it teaches the importance of auditing packages
Tesla Debt Rose Sharply, Sales Declined, Wall Street's Claim of Tesla "Value" is Merely a Fairytale (and Not Just Tesla)
We would gladly sell land on Mars to anyone who honestly believes a company that loses money is somehow "worth" trillions in Wall Street
Stop Calling Losses "Investment"
XBox is losing money, it is a sinkhole
For Justice We Need More Speech, Not Less Speech
When you attack something you are just giving that something a bigger platform
SLAPP Censorship - Part 107 Out of 200: Keeping Law Accessible to Everybody
We'll have stories related to this in the future
Links 15/06/2026: Slop "Beg Bounties", Wall Street Fakes 'Worth', and Arkansans Saved PBS
Links for the day
Gemini Links 15/06/2026: Dating Oaks, Simulation, and Theremin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 14, 2026
IRC logs for Sunday, June 14, 2026