Bonum Certa Men Certa

Linspire Has No Patents, So What Did Microsoft Pay Linspire For? (Updated and Corrected)

Having just taken a glance at Groklaw News Picks (which I help maintain), I could not ignore PJ's comment. It indicates that our initial assessment was correct. Just as we have seen before, a company (it's Linspire turn now) takes some money to eat the bait. This followed the route Corel and Novell had taken.

[PJ: Actually, I went to USPTO and did a simple search and I can't find any [Linspire] patents at all. So what kind of patent deal is this, and what precisely is Microsoft paying Linspire for? It can't be interoperability. You can do that with Linux anyway, without any need for an agreement. Yet, news reports are saying Linspire got some money. So if that is true, what was it for? And if it's a straight patent license, how is it not a violation of GPLv2, let alone v3?] -


The point of interest here is the endowment, the money. GPL aside, here you have a company that pays competitors to sell off their businesses and become victims of taxation. This is monopoly abuse and this aspect of it is covered in the following video. Many years ago, vicious monopolies found ways to make money regardless of which product is bought.

Mandriva, which is at the verge of bankruptcy, is now at the center of some questions and speculations. The Linux Foundation's involvement might actually be needed here. Mandriva, unlike Linspire and Xandors, has some decent userbase and it contributes code. It doesn't just repackage somebody else's work.

Let us return to Groklaw for a moment. Also in Groklaw last night, the new (and hopefully improved) patent processing system got some coverage and a careful first look. This has been muchly anticipated, but one wonders what happens to existing (old) patents. It's easy to shelf patents, but harder to get them cleaned up, eliminated on grounds of validity (e.g. prior art, "trivial"), or organised (e.g. duplication management). Is the USPTO just broken beyond repair? Have a look.

What the USPTO is also looking for is whether or not the application is sufficiently new and nonobvious to a person of ordinary skill in the art to qualify for a patent under current law. Trust me when I tell you that the USPTO has no clue when it comes to FOSS prior art. If you could have blocked Amazon's One-Click patent application so it never issued, would you have?


There are clearly some challenges ahead, but as long as the patent system is perceived as a farce (at least by some), the effect of IP FUD will be minimal. The last thing we need is a USPTO with credibility (and a sharp tooth, which it hasn't).

Update: Have a look at the following item which explains why Mandriva will not sign any patent deals with Microsoft.

Mandriva and Microsoft

So in conclusion from my ramblings, Mandriva would have nothing to gain while everything to loose by signing such an agreement.

By reading the speculations about this so far, it all seems like 99% FUD to me while the only valid reasoning behind the speculations being the fact that a few other vendors has already done so..


I have been saying all along that Mandriva, unlike Linspire and Xandros, has an open source spirit, so it won't be victimised. I apologise for an incorrect assertion (mistake pointed out by a reader), which I have just corrected.

Comments

Recent Techrights' Posts

IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails