Bonum Certa Men Certa

We Need to Talk About IBM's and OIN's Stance on Software Patents at Times When Microsoft-Armed Patent Trolls Attack GNU/Linux

OIN (IBM roots) has already admitted that it has no solution to trolls (it's run by them) and it refuses to oppose software patents

OIN loves Microsoft



Summary: The people who claim to be tackling the patent woes of GNU/Linux are actually in bed with Microsoft and don't oppose software patents; they try to wed the Free software community and such patents -- even if that means a shotgun wedding

THERE IS a serious problem in the Free software world which few of us talk about (or want to talk about). It's not convenient. Our so-called 'flag bearers' and sometimes sponsors work against our interests. They do this in a number of dimensions, but this post will focus on patents. We'll try to keep this non-legal (as in no legalese) and non-technical -- to the point or the degree possible. We won't, for instance, explain 35 U.S.C. €§ 101 caselaw in the USPTO or the illegal granting of European software patents by the European Patent Office (EPO). It really doesn't matter so much in this context. All that matters is that software patents are inherently bad, developers don't want these (no matter if Free software developers or non-free software developers), and courts increasingly reject these patents.



"All that matters is that software patents are inherently bad, developers don't want these (no matter if Free software developers or non-free software developers), and courts increasingly reject these patents."So here we are in 2019, with IBM as the likely biggest "contributor" (in the coding sense) to GNU/Linux because of the Red Hat acquisition. One could choose other criteria such as number of instances/installations serviced/hosted. But that's not the point. The point is, whether we like it or not, we're sort of 'stuck' with IBM as a major 'flag bearer'; yes, it dominates development of many components in a GNU/Linux system, including the kernel and systemd. Many are happy about IBM's (or Red Hat's) kernel contributions, more so than the latter. IBM does a lot of important -- and sometimes good -- things. It also does bad things. Pretty common when dealing with very large companies...

We now come to the 'beef' of this post if not this borderline rant. Earlier this week Benjamin Henrion (FFII President) complained about the "EPO sponsoring yet another software patent conference on Internet Of Things (IOT) http://www.iam-events.com/events/iot-ip-2019/agenda-6e588d27158140d98ee1f35b75c3e976.aspx …"

"IBM does a lot of important -- and sometimes good -- things. It also does bad things."For those who don't know, at the EPO "IOT" (or "IoT") is nowadays one of several buzzwords that they use to disguise software patents. Henrion might be wrong here because the EPO is not listed among sponsors but OIN is. Yes, OIN. This wouldn't be the first time OIN shows up in pro-software patents events of the EPO and IAM, which is a patent front of the EPO et al. IAM is funded in part by patent trolls. Sometimes it's supported and funded by the EPO and its PR agencies. When they're pushing for software patents it isn't motivated by logic, just money, greed and self-interest. "Closing keynote address" in this event is Grant Philpott, a Microsoft-friendly proponent of software patents (we wrote about him many times in the past). This whole event is a farce and OIN's role in these IAM events is to give the illusion that "Open Source" too is participating. That's just a reminder that OIN is an enemy of Software Freedom and friend of software patents (like IBM is).

These EPO events or OIN-attended events aren't a new problem; they're part of a pattern we've been covering here for at least a year. They tend to push software patents without mentioning that term or that phrase. Here's another new example from an EPO tweet that said: "EPOPIC 2019 starts in less than a week. We look forward to welcoming you for three days of thought-provoking exchanges with patent information specialists from all over the world."

Notice who's speaking there. Andrei Iancu with "Intellectual property and the next Industrial Revolution" (another weasel term for software patents, akin to "4IR") and Alexander Klenner-Bajaja from the EPO with "Artificial intelligence and patent classification" (the usual "AI" hype).

"These EPO events or OIN-attended events aren't a new problem; they're part of a pattern we've been covering here for at least a year. They tend to push software patents without mentioning that term or that phrase."The EPO's social media team then retweeted this tweet that said: "The @Derwent experts are on hand next week at #EPOPIC Attend our workshop on the new enhanced Derwent Innovation and hear how the latest patent research tool is going to transform the way you search for data."

This thing is being advertised by EPO staff. Why? Shouldn't the EPO be impartial? But let's leave the EPO aside for a moment; it's no secret that it's lobbying for illegal software patents.

Going back to OIN and Henrion (FFII), there's a discussion about the high-profile lawsuit against GNU/Linux; we wrote 3 articles about it [1, 2, 3] and over at Tux Machines we carefully filed every article and blog post on this subject (we always try to exhaustively archive topics for reference, both present and future reference).

"Will you use Alice as defence?"

So asked Henrion, who continued: "Using prior art is not helpful to get rid of software patents, Alice is. You should clarify in your fundraising message if you gonna use it or not. If that's the case, http://FFII.org and its thousands of supporters database can be called."

"The GNOME Foundation still refuses to even acknowledge rather obvious Microsoft connections (their biggest troll armed this smaller troll)..."He continued separately: "Will the Gnome Foundation use Alice to kick software patents out in the US? as RMS said "fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitos will eliminate malaria" https://www.gnome.org/news/2019/10/gnome-files-defense-against-patent-troll/ … read https://lwn.net/Articles/802819/ …"

He made a similar point about a week ago.

The GNOME Foundation still refuses to even acknowledge rather obvious Microsoft connections (their biggest troll armed this smaller troll) and if they rely on IBM front groups such as OIN (proponents of software patents to whom patent trolls aren't really a problem but a cost of IBM doing 'business'... i.e. blackmailing companies with a trove of lousy old patents) you end up having a rather lousy defense strategy, potentially a costly one too.

"I have asked the Gnome foundation to clarify if they gonna use Alice as defense," Henrion noted, citing this message of his:



Hi,



I wanted to ask the Gnome foundation a crucial question before calling on FFII supporters to donate.

Will you use Alice as defence (patentable subject matter)?

Using prior art is not helpful to get rid of software patents,patentable subject matter is way more important.

You should clarify in your fundraising message if you gonna use it or not.

If that's the case, FFII.org and its thousands of supporters database will be called to donate.

You should also call on donators to contact their senators to oppose the STRONGER patent act which aims to restore software patents in the US:

https://www.fsf.org/blogs/community/strengthen-free-software-by-telling-congress-to-reject-the-stronger-patents-act





We keep seeing blog posts from GNOME people and Debian people (sometimes also tweets). Oddly enough, Red Hat employees and Fedora developers have hardly said a thing! Maybe with the exception of Richard Hughes (LVFS/fwupd developer).

These must be rather awkward times to be at Red Hat; on the one hand they're developing and supporting GNOME and on the other hand, while at the same time working for IBM (remember that IBM lobbies for those software patents -- the type of patents that IBM lobbies hardest for) they're confronting these ruinous lawsuits. Can they speak out against patent trolls while IBM, their employer, keeps shaking down companies like a troll? Maybe they prefer not to say anything.

"These must be rather awkward times to be at Red Hat; on the one hand they're developing and supporting GNOME and on the other hand, while at the same time working for IBM (remember that IBM lobbies for those software patents -- the type of patents that IBM lobbies hardest for) they're confronting these ruinous lawsuits."Stefano Zacchiroli ("Free Software activist" by his own description, with past connections to OSI where he was a technical member) wrote: "Please donate to the #GNOME Patent Troll Defense Fund here: https://secure.givelively.org/donate/gnome-foundation-inc/gnome-patent-troll-defense-fund … Software patents are a disgrace and we should defend FOSS from them. Learn more in the blog post below. https://twitter.com/gnome/status/1186412835083042817 …"

Zacchiroli is a very good person whose geek credentials and track record speak for themselves. But where are the Red Hat (IBM) employees? Why are they so quiet on matters pertaining to patents? The sad reality is that GNOME's key sponsors/stewards, Red Hat included (now IBM), are big proponents of software patents (and IBM is naturally and perhaps factually the biggest). We need to talk about this...

"Red Hat was quick to comment on (celebrate with diplomatic restraint) the ousting of Richard Stallman, but as far as we can tell no comment has been made -- at least not yet -- about a troll armed by a Microsoft proxy suing GNU/Linux."Henrion, commenting on the FOSDEM conference near him, has noticed that the sponsors' page has just been updated.

"Remember that the 3 sponsors of FOSDEM routinely file software patents," he wrote. "And sue using these patents," I continued his thoughts, "especially IBM (so Red Hat basically)."

Red Hat was quick to comment on (celebrate with diplomatic restraint) the ousting of Richard Stallman, but as far as we can tell no comment has been made -- at least not yet -- about a troll armed by a Microsoft proxy suing GNU/Linux. Odd that...

Recent Techrights' Posts

SLAPP Censorship - Part 58 Out of 200: 5RB and Brett Wilson LLP Helped Garrett and Graveley Make Equivalent of GAFAM NDAs Superficially 'Enforceable' in the UK, Using Threats
laziness results in many hours and high lawyers' fees
 
Red Hat Circling Down the Slop Drain
IBM, governed by slop fanatics, is going to do a lot of damage
Slop is an Addiction, Its Users Find It Addictive
please do not tolerate people who slop
The Corrupt Lecture the Non-Corrupt - Part VII - Secrecy at the EPO (Regarding Cocaine and Nepotism) Has Undermined Trust in Management
If Europe's second-largest institution is run by the "Alicante Mafia", does this mean that other key European institutions are "Mafia"?
SLAPP Censorship - Part 59 Out of 200: Mentioning the Fact Alex Graveley Arrested and Charged for Strangulation in Texas is "Reckless" and "Malicious", According to His 'Hired Guns' in London
it was framed as "malicious"
Links 27/04/2026: Strikes, Corruption in Spain (Spanish PM Sanchez' Wife), and YouTuber Faces Jail Time
Links for the day
Gemini Links 27/04/2026: Gopher Catch-up, Year of Contentment, and Path to Freedom
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 26, 2026
IRC logs for Sunday, April 26, 2026
Journalistic Malpractice: Helping Microsoft Paint 'Voluntary' Layoffs (Before PIPs) as "Buyouts"
What does this tell us about today's media?
The Man IBMers Regard or Already See as Likely Successor of Krishna (or Next CEO of IBM) is a Slop Fanatic
How dangerously misguided
The Corrupt Lecture the Non-Corrupt - Part VI - Management of the European Patent Office (EPO) Covered Up Cocaine Use, Even Colleagues Not Informed
the self-described "fu--ing president"
Who Controls Fedora? IBM and GAFAM.
Don't for a moment believe that IBM understands GNU/Linux. We are quite certain nobody in IBM's Board of Directors uses it.
State of Slop About GNU/Linux
As the incentive to publish is reduced (competing with slop is no fun), the effort/money invested in stories goes down
Links 26/04/2026: Korean Inflation, GLP-1 Drugs Linked to Cognitive Impairment, Lithuania's Public Broadcaster LRT Besieged
Links for the day
Hopefully Smooth Sailing in OS Upgrade
There are some contingencies at hand
Links 25/04/2026: "Horrible Economics of AI Are Starting to Come Crashing Down", More Restrictions Placed on Social Control Media
Links for the day
Getting Aggressive Suggestive of Loss - Part IV - Shutting Down My Existence
Would anyone out there tolerate such messages sent from burner accounts?
Gemini Links 26/04/2026: Gemini Movie Database (or GeminiMDB) and Star Trek III
Links for the day
Weeks Before Linux Removed Over 100,000 Lines of Code Due to Slop 'Bug Reports' Microsoft Paid 'Linux' Foundation to Advance Slop in the Name of 'Security'
What can possible go wrong? Both for security and for stability.
Tracking Ages of People
To stay "safe" tell us your age
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 25, 2026
IRC logs for Saturday, April 25, 2026
"A single witness shall not rise up against a person regarding any wrongdoing or any sin that he commits; on the testimony of two or three witnesses a matter shall be confirmed." (Deuteronomy 19-21)
The spouse of Garrett repeatedly points out that Garrett can barely code or can only do so very poorly
Rust People Sabotage Stability for the Sake of a Falsely-Promised 'Security'
Set aside severe performance issues, poor handling of "edge cases", general bugs, lack of compatibility, and even crashes
SLAPP Censorship - Part 57 Out of 200: 5RB and Brett Wilson LLP Made the Garrett and Graveley Particulars of Claims a Lot Like Photocopies!
They seem very much irritated that I speak about this
Huge Strike at the European Patent Office (EPO) This Coming Friday (May 1st)
International Worker’s day
Links 25/04/2026: Nokia Wins Embargo in Kangaroo Court Where Judges Are Salaried Nokia Staff (UPC), Allison Pearson Defamation Case (UK) Succeeds, Smokey Robinson and "Puff Daddy" (US) Fail
Links for the day
Gemini Links 25/04/2026: Weekly Echoes, Gemtext Tables, and Using Offpunk
Links for the day
Corporate Media Did Not Specify What Microsoft Means by "Buyouts" (Layoffs), It May Be Hardly Different From Severance
Time will tell, but investigative journalism hardly exists anymore, so we won't hold our breath
The Corrupt Lecture the Non-Corrupt - Part V - "Diversity" and "Inclusion" at EPO Means Sleeping With Sister of "Cocaine Communication Manager" and Making Them Millionaires
Remember that top applicants or key stakeholders of the EPO are already complaining about a lack of quality
Links 25/04/2026: Fake GAFAM Valuations (Gripping the Market Based on False Accounting), "Evidence Isn't Just for Research", and "Putin Defends Mobile Internet Outages"
Links for the day
Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Internet Trolls Likely Trying to Distract From the Demise of IBM, Problems With Red Hat
there seems to be trolling online aimed at suppressing discussion
Debian Upgrade Coming Up (Soon)
Yesterday we contacted the datacentre staff about it
Getting Aggressive Suggestive of Loss - Part III - Threats From Burner Accounts Formally Treated as a Crime
Countries that cannot preserve freedom from self-censorship are countries where free press ultimately cannot prevail
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 24, 2026
IRC logs for Friday, April 24, 2026
Gemini Links 25/04/2026: 3.4k+ Capsules, Microsoft Layoffs, Call for Nuclear Disarmament, "Internet is Sad and Lonely"
Links for the day