Bonum Certa Men Certa

Microsoft & Acacia's Extortions Roadshow

Brother's patent deal with Microsoft is a subject that we've already covered in:

  1. Microsoft Distorts the Linux and Virtualisation Markets
  2. Boycott Brother Industries
  3. Microsoft: Deal with Brother Similar to Novell's
  4. Patents Roundup: Apple, Microsoft Trolls, and Linux


In the last among these posts we mentioned Epson, whose printers apparently required patent cross-licensing with Microsoft. But it turns out that Epson became a victim of Acacia's extortion (Acacia has former Microsoft employees within its top ranks [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]) and in response to this, Epson has just joined the silly thing called RPX, which is a pricey patent repository. What an utter waste of time and a total waste of money that is [1, 2, 3, 4, 5, 6]. How does any of it empower developers? Ars Technica takes a harsh stance against this pattern in a "let's kill all the lawyers" edition.

Software patents have been a fantastic source of innovation... among patent attorneys. Their value to the software industry as a whole is rather more dubious. But are they even legitimate? The Supreme Court hasn't directly addressed the question in decades, but in a thorough analysis for Ars, Tim Lee finds reason to think they're the legal equivalent of vaporware.


There is also the following essay, "The Hoax of Invention History."

This chapter makes me sad for all the great innovators whose names are not in the history books, and even sadder for all of us who have been denied great innovations because some fool managed to make it to the patent office first only to use that privilege to kill his competition the next day. Far from encouraging innovation, patent and copyright have managed to kill off so many wonderful works of art and technologies that it boggles the mind. In order to understand this, you have to look beyond the patent records. You have to train yourself to look at the unseen costs of government regulation.


Acacia went after some other printer makers, from which it extorted money very successfully. Dell and Lexmark are the most recent victims and the lawsuit was filed in the Eastern District of Texas, as usual.

Acacia Research Corporation announced today that its subsidiary, International Printer Corporation, has entered into a settlement and license agreement with Dell Inc. covering a patent portfolio that relates to networkable multifunction printer technology. This agreement resolves patent litigation that was pending in the United States District Court for the Eastern District of Texas against Dell. International Printer Corporation has also entered into a license agreement with Lexmark International, Inc. covering the same technology portfolio.


Going back to the posts about Brother, Matt Asay has published this commentary on the subject.

Slowly, behind the scenes, Microsoft continues to try to portray Linux as risky and Microsoft's patent coverage as insurance. Given that the company selling the insurance is also the one threatening a lawsuit, however, Microsoft needs to step very carefully to avoid the "extortionist" label. I personally believe that it has already crossed the line and needs to get back to competition between products, not lawyers.

Microsoft Windows competes well against Linux. The company doesn't need patent trickery. It has a compelling, valuable ecosystem that it can use against Linux. Why does it continue these Linux kidney punches, of which Microsoft claims it has closed more than 500 deals?

[...]

Perhaps Microsoft is the company with something to hide? The last time I checked, Linux was open source, with everything available for public inspection. In the Brother patent deal, as in all the others, Microsoft has made absolutely nothing available for public inspection to test the veracity of its claims. That's a sign of weakness, not of strength.


In other patent news:

i. Patent Bounty Paid in Garmin Patent Dispute

Article One Partners announced earlier today that two winners will share the $50,000 prize for discovering prior art in Article One’s Garmin/SP Technologies Patent Study. The Study related to a graphical interface providing a touch screen keyboard display that may not be minimized, maximized, closed or deleted. In a 2008 complaint filed in federal court in Chicago, SP Technologies, LLC (SPT) accused Garmin Limited and Garmin International, Inc. of infringing SPT’s patent. Garmin is a market leader in the portable navigation devices market. This litigation follows prior industry action from SPT involving this patent including infringement actions that have settled against Apple’s iPhone and iPod Touch (settled May, 2008) and Magellan Navigation products (settled January, 2009), in addition to ongoing cases against Samsung Group, HTC Corporation and TomTom products.


ii. Kaspersky files image-based spam busting patent

Kaspersky Lab has patented a statistics-based method for detecting image-based spam that is used to bypass traditional text-based filters.

The technology analyses whether text is contained in images based on the graphic pattern of words and lines, said developer Eugene Smirnov.


The one thing we know is that Microsoft not only intends to use patents against Linux; It's already doing this and Novell conveniently ignores the problem because it has an exclusive not-to-sue promise from Microsoft. Novell receives a lot of money to do this.

Novell money



""[...] we know that Microsoft is getting patents on some features of C#. So I think it's dangerous to use C#, and it may be dangerous to use Mono."

--Richard Stallman

Recent Techrights' Posts

Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
People Discuss Rumours of Mass Layoffs at IBM Becoming Public in 1-2 Weeks
IBM is killing its brand or its "goodwill"
 
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day
No Daylight Saved
Is there still any practical reason for this ritual?
Microsoft Azure Does Not Have "Hiring Freezes", It Has Had Mass Layoffs Every Year Since 2020
Things are always a lot worse than Microsoft formally or publicly acknowledges
SLAPP Censorship - Part 27 Out of 200: Using the Tor Network to Hide From Consequences
Only 1-2 weeks after the countersuit the Canadian attempted to deplatform several Web sites
The Limits of Inclusion
Inclusion with caution isn't "opinionated"; it's a defence mechanism, sometimes a survival instinct
Almost 20 Years After Microsoft/Novell
The mission has not changed, but the priorities evolve all the time
LLM Slop Kills Sites, as Sites That Adopt Slop Are Doomed
People won't subscribe to such sites and visit them if they recognise it's just slop
Links 29/03/2026: Indonesia Cracks Down on Social Control Media Addiction, China Becomes World’s Scientific Superpower
Links for the day
Fedora at the Mercy of Microsoft Because of Back-Doored Kick-Switch Boot
We'll soon revisit the defamation attacks on Torvalds
Links 29/03/2026: Water Shortages and No Kings Rallies
Links for the day
The Old Days
In the early days of this site (2006) it was mostly just a couple of people, plus comments
Gemini Links 29/03/2026: Return to Gopherspace, "Zen of Marking Playing Cards"
Links for the day
The Real XBox is Dead, So Microsoft is Calling Everything "XBox" Now
It even wanted to run a campaign to convince everybody that XBox is not actually a console
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 28, 2026
IRC logs for Saturday, March 28, 2026
Open Web Destroyed by Centibillionaires, Says Anil Dash of Blogging Fame
Blogging was going through its 'prime years' about 20 years ago
"Linux" Slop Going Away, Microsoft et al Pay 'Linux' Foundation to Promote Slop
It's a timely reminder that the Linux Foundation exists to promote whoever pays the Linux Foundation, even pedophiles and companies that attack the GPL
Links 28/03/2026: Microsoft's LinkedIn a National Security Risk, Microsoft's Slop "Ambitions Face Investor Scrutiny Amid Soaring Costs"
Links for the day
Gemini Links 28/03/2026: "Finding My Base Tone", "Astrobotany", and BugoutBack/OFFLFIRSOCH
Links for the day
Links 28/03/2026: More Worldwide Bans on Social Control Media (Harms to Adolescents), Protests in US Against Dictatorship
Links for the day
SLAPP Censorship - Part 26 Out of 200: Asking for Documents and Information You Already Have, Even Letters and E-mails That You Yourself Sent!
barristers are expensive
Gemini Links 28/03/2026: Echo Delay and 0x0.st
Links for the day
Rumours of More IBM Mass Layoffs at Beginning of April
IBM is not doing well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 27, 2026
IRC logs for Friday, March 27, 2026