Bonum Certa Men Certa

Microsoft Storms India with Patents, by Proxy

"Intellectual property is the next software."

--Nathan Myhrvold, Microsoft patent troll



Microsoft may be breaking the law in India, as we have already pointed out before, but more importantly, its surrogate Nathan Myhrvold with his shell company seem to resort to patent-mining in a land which makes software more of a commodity.



It's a desperate yet somewhat successful attempt to digitally monopolise in a country that potentially suffered the most from such type of suppression, brought about in a colonialist fashion, so in light of the patent deform in the country [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11] Indians are urged to react.

The 'meat' of the claims comes from this article. It reveals that Nathan Myhrvold's deals are kept secret not just in the United States. It's akin to those secret patent extortions by Microsoft, for the use of GNU/Linux.

New Delhi: Individual inventors and research organizations here may find their patents turning liquid with the imminent entry of Intellectual Ventures Llc., a controversial company that owns an estimated 20,000 patents and is in the market for as many more as it can lay its hands on.

The company has already entered into agreements to buy patents from the Indian Institute of Science, Bangalore, Indian Institute of Technology, Bombay, and is close to signing an agreement with the Council for Scientific and Industrial Research, India’s largest research and development organization, said a person familiar with the developments who did not want to be named.


Software patents protest in India



There is some more detailed commentary in this subsequent article.

Intellectual Ventures is moving into India says a report published this weekend. According to the Wall Street Journal’s Livemint Lounge, IV has signed deals to acquire patents from the Indian Institute of Science, Bangalore, IIT in Bombay, while it is close to signing an agreement with Council for Scientific and Industrial Research (CSIR).

What the report does not say is whether this is a deal for Indian patents, for US patents or for patents internationally. My guess is that there is going to have to be a pretty substantial international element. On that front, it is worth noting that CSIR is by far the biggest Indian filer of international patent applications, filing over 350 in the US alone between 2005 and 2007.


These patently-absurd escapades of IV have made it exceptionally unpopular and it shows.

Brian Kahin draws the parallel between the financial/real-estate “bubble” with the still-expanding “bubble” in patents. As Brian suggests, combine that bubble with a Ponzi scheme (Intellectual Ventures) and you might have a real perversion."


This is not about a peaceful collection of patents. First comes the mining, later comes the extortion.

Millionaire Nathan Myhrvold, renowned in the computer industry as a Renaissance man, has a less lofty message for tech companies these days: Pay up.

Over the past few years, the former Microsoft Corp. executive has quietly amassed a trove of 20,000-plus patents and patent applications related to everything from lasers to computer chips. He now ranks among the world's largest patent-holders -- and is using that clout to press tech giants to sign some of the costliest patent-licensing deals ever negotiated.


Since Microsoft already rattles its saber, this isn't something to be overlooked entirely. Digital Majority has found this page where Microsoft's intentions, as confirmed by those 'ally analysts' it had ammassed, are clear for all to see. It's incompatible with Free software and it's no accident.

As a result of our investment in innovation, Microsoft has created a large, diverse portfolio of intellectual property (IP) that is now available for licensing. This portfolio includes source code, schemas, protocols, and documentation as well as associated copyrights, trademarks, patents and trade secrets. Our policy is to license this IP under commercially reasonable and nondiscriminatory terms.


The following post, "Software Patents and Microsoft," explains why (and how) geographies matter a lot.

The US (and Australian) more liberal position on patents for software has traditionally differed from the UK where software patents are related to thought processes, which are not patentable. The Boards of Appeal of the European Patent Office (EPO) has allowed companies to patent computer programs if they can demonstrate some sort of innovative technical effect. This may for example be something like increased memory access.

The case law of the EPO Boards of Appeal is not binding on the EPO member states and different national courts acting on different cases may take a different view of patentability. The position on software patents in the UK has been recently considered by the High Court and UK Intellectual Property Office (UKIPO).


We will soon unleash another post that reviews the state of the patents systems in Europe and Australia. There's unrest and there are evident problems.

As pointed out earlier today, Bruce Perens has at least temporarily joined the cause of fighting software patents and here are some portions from his latest article, which explains patents in the context of open source software.

Jacobsen's case against Katzer is ongoing, although this most important appeal is completed. He has not yet convinced the judge that Katzer lied on his patent application, but what if he does? There has been no criminal prosecution of anyone for lying ("perjury") on a patent application since 1974, when the patent office eliminated its enforcement department.

Contrast that to what the defendant in a suit brought by the holder of a bogus patent faces: between $3 and $5 million dollars in legal fees per case. Without the beneficent legal team that came to Jacobsen's aid, winning such a case is so expensive that it's really losing.

The current system of software patents in the United States makes it too easy for the Katzers of the world to come after others for big bucks, even when there is significant doubt regarding the validity of their own patents. The poor defendants have to spend millions just to prove that the patent being pursued against them isn't valid, bankrupting themselves in the process.

The patent holders have little prospect of punishment when they game the system. That's a system with no sign of balance. We need to restore justice to the patent system, and we also need to take a good look at the motivation for software patents, which many economists and others feel do more to hurt innovation than to promote it.


Microsoft is not the only foe here, but it's the one which is poised to lose the most. Shielding the existing patent laws is very important where software patents are verboten.

Recent Techrights' Posts

The Corporate Media Intentionally Overlooks How Google's Debt Trebles in Just Over a Year
We'll soon see how much more money Microsoft has borrowed
(Trigger Warning) Jeremy Bicha & Debian-Edu, TecKids, Ubuntu incest scandal at DebConf25
Reprinted with permission from Daniel Pocock
The Corrupt Lecture the Non-Corrupt - Part X - Deliberately Violate European Patent Convention (EPC), Tolerate Cocaine Use in Management, Hide That From Staff and Stakeholders
The "Alicante Mafia" (as staff calls it) is a disgrace to Europe
Apparently Last Day for Nearly 1,000 Confluent Workers IBM Laid Off Last Month
IBM is a dying company pretending to be strong because of its age
In Past 6 Months IBM Lost About 100 Billion Dollars in 'Value' While Debt Ballooned to 70 Billion Dollars
Welcome to a universe of fake finances and phony accounting based on fictional assets with made-up 'worth'
If We Move Everything to Devuan...
IRC, Git, Apache and so on
 
Links 30/04/2026: Barrage of Lawsuits Against Slop, Microsoft's Stock Crashes
Links for the day
Microsoft Says Mass Layoffs Are Coming and Puts a Price on Them
Microsoft will shrink
Upgrade Successful
we had a downtime of only 1-2 minutes overall (for two reboots)
Links 30/04/2026: Slop Industry Cannot Keep Up With Bills, "The World Is Getting Too Hot to Feed Itself"
Links for the day
Then Come the DDoS Attacks
Is someone trying to 'kill' Techrights?
The Register MS Running Spam Pieces for Huawei, a Banned Company
Money does not excuse bad behaviour
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 29, 2026
IRC logs for Wednesday, April 29, 2026
Gemini Links 30/04/2026: Outdoor Time, Old Computers, and Joining Geminispace
Links for the day
Dr. Andy Farnell on Weaponising Morality Against Technofascism and Slop
It's longer than a "tweet", so social control media addicts are likely mentally unfit to read it
Six Months
Techrights will be around (and active) for a very long time to come
Why We Publish "The Corrupt Lecture the Non-Corrupt"
We intend to report the facts, fearlessly, until real and lasting solutions are reached
SLAPP Censorship - Part 61 Out of 200: Garrett and Graveley Must Understand That Reporting Women's Issues in the United States of America (“the US”) is Not Impermissible
when you cover Microsoft corruption and have real effect
Weeks After Mass Layoffs of Red Hat Engineers We Learn of European "Buyouts" and Layoffs at IBM
At Microsoft, they tell us there are merely "buyouts", but they don't tell us what happens if you say "no!"
OS Upgrade Tentatively Scheduled for Tomorrow
We have some contingencies in case the upgrade goes wrong
Campinos is a Lame Duck President This Year at the European Patent Office (EPO)
The strikes are not ending. If anything, they intensify further.
Links 29/04/2026: LLM Chatbot Usage Goes Down Sharply (as Do Stocks Associated With Them), Microsoft's Circular Financing Accounting Fraud at Risk
Links for the day
Gemini Links 29/04/2026: Returning to an Exodus and Farewell APU
Links for the day
Slop Has a Long Way to Go Before It Gets Basic Facts Right
Please do not rely on slop for anything
The Corrupt Lecture the Non-Corrupt - Part IX - European Patents That Are Illegal (But Serve Non-European Monopolists in Exchange for 'Quick Cash')
People who shamelessly violate the European Patent Convention (EPC) have the audacity to lecture workers on "ethics"
Canonical is Selling You, Ubuntu is a Data-Collecting Platform
Canonical is looking for money in the wrong places
Links 29/04/2026: "Snowden Affair 13 Years Later" and "Landmark Data Center Pause"
Links for the day
Seems Like Only Techrights Covered IBM Laying Off About 33% of Confluent Staff
How can such a large round of layoffs evade today's media?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 28, 2026
IRC logs for Tuesday, April 28, 2026
Gemini Links 29/04/2026: Bad Diet, New Middle Ages, and Temperature Model
Links for the day
IBM is Already Doing 'Voluntary' Layoffs This Year in Europe ('Buyouts' Ahead of Mass Layoffs)
IBM's efforts to hide or belittle layoffs is noteworthy
Tracing Back the Misuse of the Word "Buyout" to Describe Merciless Mass Layoffs
So we can assume very large Microsoft layoffs are on the way, this time not spun as "buyouts"
Growing the List of Sites That Are Rogue
It's very important to raise and spread awareness of which ones are fake
Links 28/04/2026: Uganda Criminalising ‘Foreign Agents’ and China’s Economy "Starts to Show Cracks"
Links for the day
Anthropic and Claude Are National Security Risks Not Because of Politics But False Marketing and Vandalism, Plagiarism Sold as Innovation
The slop hype is causing severe damage
Like GAFAM, US Telecom Industry Has Severe Debt Problem
Maybe their real problem is true profitability
Gemini Links 28/04/2026: Misfin, ELPiS, and Developing Another Gemini Client
Links for the day
US Government Sites See More Traffic From Apple Devices Than Microsoft Windows PCs
Keep this in mind when Microsoft talks about mass layoffs while calling these "buyouts"
Layoffs Versus Buyouts
Microsoft has mass layoffs and those target the most experienced people in one of the best-paid locations
Latest Example of False Marketing by Anthropic
Like Scam Altman, they're better at buying publicity (paying for hype) than they are at delivering something of genuine value [...] That has the full make-up of fake news and a publicity stunt
IBM: From RAs to "Workforce Re-balancing" (New Names for Mass Layoffs)
Well, "workforce re-balancing" means "RAs", which is a misleading acronym IBM has devised to soften if not hide mass layoffs.
Aaron Hillel Swartz Would Have Turned 40 This Year
Aaron Swartz killed himself in 2013
The Trumps Are Making Jimmy Kimmel More Famous and Popular
Comedy has long been "controversial", but trying to get people sacked for the 'wrong' joke results in having no comedians or only pseudo-comedians who are the dictator's jester/joker
Microsoft's Grip Has Slipped, Market Share Steadily Declining
This is why Microsoft is having financial issue
Links 28/04/2026: Microsoft's GitHub Upselling After Two Leaders Jumped Ship (Losses Pile Up), "Inflation Jumps," and More
Links for the day
SLAPP Censorship - Part 60 Out of 200: Talking About Corruption at Microsoft and Arrest for Strangulation is "Malice"
At the moment Brett Wilson LLP has no new clients
The Corrupt Lecture the Non-Corrupt - Part VIII - "Red Line" When the European Patent Office (EPO) President Sleeps With Sister of "Cocaine Communication Manager" (Whom He Unconditionally Protects)
If only management took its own words (idealistic pontification) seriously
IBM Laying Off Thousands of Workers Again, Based on Q1 Earnings Call
under the guise of "workforce rebalancing" we are again seeing that IBM plans to pay people (severance) to leave
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 27, 2026
IRC logs for Monday, April 27, 2026
Gemini Links 28/04/2026: Good Sunrise Viewing and Self-hosting from Home
Links for the day[1;5C