Bonum Certa Men Certa

Ongoing (Albeit Secret) Campaign of Patent Extortion Against GNU/Linux Distributions Using Software Patents, Even Expired Ones in Europe

OIN is MIA, as usual (it exists to protect monopolies, not GNU/Linux)

Danish Post Letter Boxes



Summary: GNU/Linux distros attacked by software patents, even in Europe where no such patents are supposed to exist (or have any legal bearing)

JUST over a month ago Techrights became aware of a serious issue, which had been going on for months prior. The public was never made aware and the message we received was private. This article will name neither the distributions nor the aggressors, as naming either might reveal the nature of an ongoing dispute and have a negative impact on the outcome.



"Are they trying or at least hoping to make it sufficiently uncomfortable if not stressful for small (community-based) distros of GNU/Linux to the point were they shyly shut down, going offline without explaining the real reason (for fear of being sued as means of retribution, akin to NDAs)?"As a little recap, the EPO under the corrupt management of Benoît Battistelli and António Campinos has been gleefully granting software patents in Europe. Not many people are aware of the negative consequences (or truly care). Those have a highly detrimental effect on software developers and packagers across Europe. The impact is very negative when it comes to Free software and proprietary software alike. It harms European competitiveness and harms the profession (programming) globally. Who benefits? A bunch of parasites who cannot code and never coded anything.

To quote a message that we received, a patent troll "started harassing me and stating that I must license their [redacted] patents. But these are software patents and I am based in [redacted]. We are a small, open source project, so I don’t know what their game is. They’re asking for a couple of million dollars, based on fees from every download, including [redacted] downloads which we release at no charge."

Letter from trollIt is a GNU/Linux distro used by a lot of people. A lot of people.

"My worry," said the person on the receiving end of threats, "is that we may look like an easy target or they’re trying to set a precedent. Despite these software patents not being valid as pure software patents, I can see that they are enjoying success in German courts such as Mannheim and Düsseldorf."

Are patent trolls and their legal representatives getting so bored and unoccupied during the pandemic that they're started a Cold War against GNU/Linux?

On the nature of the threats received: "What worries me is that they’re emailing me, and not serving me by paper. German courts have considered this to be sufficient and they’ve already stated that I am obligated to reply and that they’ve made me a FRAND offer. But some of these patents have expired and I do not understand how this can be FRAND if they are forcing me to license expired patents. Further — I can’t see how this can be FRAND when they’re not consistently enforcing any level of compliance across other companies and open source projects. I’d not wish this on my worst enemy, but it is surprising that Canonical / Ubuntu are skirting legal issues but we (a small project) are in such a predicament."

Or else!OIN membership has apparently not prevented this. Not at all. We'll hopefully have an update on this some time soon. As a reminder, Canonical / Ubuntu went as far as licensing lousy codecs (software patents) from Microsoft more than a decade ago. Canonical / Ubuntu isn't what it seems on the surface and it never really helped the battle against software patents.

Are they trying or at least hoping to make it sufficiently uncomfortable if not stressful for small (community-based) distros of GNU/Linux to the point were they shyly shut down, going offline without explaining the real reason (for fear of being sued as means of retribution, akin to NDAs)? If so, this would not be unprecedented in relation to Free software projects. We covered many examples in the distant past.

Can the leadership of the aggressor shed a light/clue regarding motivations? Is this a proxy battle in a bigger war? What's the endgame here?

Stay tuned. We cannot say much more at this point (not safely anyway, without potentially causing harm by escalation).

Recent Techrights' Posts

Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
[Meme] The Cancer Culture
Mission accomplished?
Why the Articles From Daniel Pocock (FSFE, Fedora, Debian Etc. Insider) Still Matter a Lot
Revisionism will try to suggest that "it's not true" or "not true anymore" or "it's old anyway"...
 
Links 04/05/2024: Tesla a "Tech-Bubble", YouTube Ads When Pausing
Links for the day
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though
Gemini Links 03/05/2024: Diaspora Still Alive and Fight Against Fake News
Links for the day
[Meme] Reserving Scorn for Those Who Expose the Misconduct
they like to frame truth-tellers as 'harassers'
Links 03/05/2024: Canada Euthanising Its Poor and Disabled, Call for Julian Assange's Freedom
Links for the day
Dashamir Hoxha & Debian harassment
Reprinted with permission from disguised.work
Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
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