Bonum Certa Men Certa

Patents Roundup: Microsoft. Apple, TiVo, IBM, and Lots More

Keyboard_1



Summary: A lot of patent news from the past few days

QUITE A LOT has happened since the last Patents Roundup and plenty of news relates to Microsoft as a threat to Free software.



An article from Law.com has rejuvenated [1, 2] interest in the real purpose of the world's largest patent troll, headed by Microsoft's former chief, Nahtan Myhrvold. Mike Masnick calls this troll, Intellectual Ventures (IV), a "pyramid scheme". He explains why:

Intellectual Ventures, of course, is the Nathan Myhrvold company that has been building up a huge portfolio of patents with which to get big tech companies to pay many millions of dollars to not get sued -- and, according to many, to get a cut of future deals as well, making the whole thing sound suspiciously like a pyramid scheme.

[...]

But, a year ago, we noted that the company appeared to be getting antsy. While it was bringing in some hefty fees from a small group of companies who bought into the equity pyramid (which neatly lets the world outside be confused over what's "investment" and what's "revenue"), there was concern that investors were getting impatient. Pouring billions of dollars into a company that isn't doing much can make some investors a little anxious. And while we still don't know of any direct lawsuits, Zusha Elinson has noticed that Intellectual Ventures' former patents are starting to show up in court, often involving some of the most well known names normally associated with "patent trolling."


One reader of ours calls it "Mafia blues", explaining that Intellectual Ventures "Make[s] the dirt job by others." It's an arsenal for hire. They use attack dogs to do their dirty deeds and friends/investors are 'protected' from this. Who are those friends/investors? Good question. Facebook seems like one that's a recent addition.

Bill Gates himself is an investor in Intellectual Ventures (private investment), which got Intellectual Ventures about $5 billion to get the ball rolling, i.e. harvesting patents. Microsoft itself turns out to be an investor and so is Apple (which occasionally uses patents against Linux contenders), according to this bit of information found in the corner of the article mentioned some days ago.

Both Apple and Microsoft have been reported to be IV investors.


It is interesting to find Apple investing in such "pyramid schemes" of patents. When it comes to patents, Apple and Microsoft enjoy a special peace (if not affinity). They cross-license. And as we pointed out some days ago, Google contributes its own share of problems, but at least it is a member of the OIN.

Another part of this problem is IBM, whose policy on software patents is unfriendly to Free software not because it's suing but because it allows others to do so, to an extent. An IBM person currently runs the USPTO, so this is important. IBM's view of the patent system impacts the policy on technology patents.There are finally some Slashdot comments about it (this has made the front page) and also an updated summary.

In its Amicus Brief to the US Supreme Court on the Bilski case, IBM is arguing that "patent protection has promoted the free sharing of source code [...] which has fueled the explosive growth of open source software development."

[...]

Read also page 42 of the IBM letter:

In addition, disclosure of software inventions promotes collaboration among software developers (such as open source development)

Insane.



IBM tends to be seen as an eternal friend of Free software because of its pledges and sincere contributions, but by choosing to continue to accumulate software patents, IBM opens the door for others like Microsoft to pose a real threat. Another company which tends to be associated with Linux is TiVo , but as we regularly show, TiVo is a patent aggressor as well. Watch how one company is forced to pay TiVo $200 million just for patents.

Dish Network and its sister company EchoStar must cough up an extra $200 million to TiVo for continuing to offer DVR functionality in their set-top boxes after being slapped with a court injunction.


A few days ago we also saw the BBC spreading patent propaganda where criminalisation of patent infringement gets justified as a severe action. In relation to that article (one among two) from the BBC, Pamela Jones from Groklaw writes: "Hmm. Let's see. Could we put Steve Ballmer in jail, then, for the i4i patent? Wait. Uh oh. Look at the picture of Mr. Baylis. I think he might be combing his hair in violation of patent No. 4,022,227, Method of Concealing Partial Baldness. Officers, put Mr. Baylis in the clink while we sort this out, will you? And since the CATO Institute recently announced that most companies infringe patents, I believe we could shut down the entire world economy in no time flat by following Mr. Baylis' suggestion."

Glyn Moody had this to say:

Which is the old confusion between theft and infringement. Indeed, it's probably impossible to nick a patent, since it's a government-granted monopoly, and they're pretty hard to steal.

And it's foolish on a practical level: imagine the current insanity of patent law cases turned into even higher-stake criminal cases, and the burden they would imposed on an already stretched legal system.

So, Trevor, do stick to inventing clever things, and leave stupid intellectual monopolies alone.


Regarding Microsoft's call for harmonisation of patent systems across the world, Moody wrote:

Riiight: "bold" as in "infect the rest of the world with the insanity that is the US patent system" bold, I imagine - not forgetting software as "patentable subject matter" while we're at it.

Danke, aber nein, danke, Horacio.


Pamela Jones wrote this: "Microsoft suggests an international patent system. That way, it can kill off its competition, most particularly FOSS, everywhere at once. If you are reckless, you'll go along with them."

Peter Glaskowsky at CNET calls it a "premature patent proposal," further arguing:

I really have no problem with harmonization if it is properly done, but I think it would be tremendously difficult to achieve good results. The reality of patent protection is radically different from that of copyrights because patents are allowed based on the merits of the application; someone has to make a judgment call.


In other news that we mentioned before (regarding the i4i case [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]), here are some articles about the latest development:



Here is a very interesting insight about this case.

As reported by the Wall Street Journal, i4i’s chairman, Loudon Owen called Microsoft’s brief an "extraordinary document" that "captures the hostile attitude of Microsoft toward inventors who dare to enforce patents against them." But with friends like Dell and Hewlett-Packard each filing amicus curiae briefs in support of Microsoft’s motion to stay the injunction, i4i is looking to have to fight more software and computer giants than just Microsoft. The AmeriKat predicts that with the addition of Dell and Hewlett-Packard’s briefs and in applying the third and fourth factors in the test for an injunction as set out in eBay Inc v MercExchange she would be surprised if the Court of Appeals does not lift or in someway amend the injunction given the far-reaching effect on third parties like Dell and HP.


Isn't it enlightening that Microsoft and its allies pretend that the sky will be falling if Word gets banned? As PC World rightly points out, many alternatives to Word exist and they are a lot cheaper (or free).

First, there are plenty of alternative word processors out there, most of which read Word files perfectly well. Sure, there might be a few formatting glitches, but that’s to be expected during any file conversion. Microsoft Office users, particularly those who rely heavily on the well-honed integration between Excel, Word, Outlook, and PowerPoint, would experience the most problems. But, again, the ban would affect new sales of Word, not existing copies. So users would have time to develop workarounds.

Plus, there’d be one big silver lining to a Microsoft Word ban: A true universal document format could take hold, one that replaces today’s defacto standard -- Microsoft’s doc/docx -- that’s tied too closely to the whims of one software vendor.

Word ban? Sure, why not?


GCN has a similar new article, but the list of proposed alternatives is very limited and disputable.

In other interesting news, Microsoft has quietly settled yet another patent lawsuit where the scale of damages claimed was hundreds of millions of dollars. Only one publication (that we could find) actually covered it, twice even:

i. Microsoft settles Tucson firm's patent lawsuit on imaging technology

Microsoft Corp., the world's biggest software maker, settled a patent-infringement lawsuit filed by Tucson-based Research Corporation Technologies Inc. that sought hundreds of millions of dollars over a process to improve images on computer screens.


ii. Microsoft settles with local company

Microsoft Corp. reached a settlement with a Tucson firm that accused the software giant of infringing on patented digital-imaging technology, heading off a jury trial.


Check out this rant about the USPTO. It comes from a reputable source.

The U.S. patent office gets nearly 500,000 applications every year. Figuring out who owns what, typically in court, has morphed into a business worth $10-billion (U.S.) a year in the United States, where the global patent war is mainly being waged.


The ITC is revisiting bans in an important case where patent laws are seemingly being violated. So, there is at least a new sign that recognition of the problem remains poor and another embargo may be on its way.

The U.S. International Trade Commission has voted to investigate technology-related patent complaints brought by two companies, with the vendors asking the agency to ban the import of a wide range of products using flash memory.

In one case, Samsung Electronics of South Korea filed a complaint, and in the second, Samsung is among the targets in the investigation. The two cases involve different types of flash memory.

A Samsung representative didn't immediately return a phone call seeking comment on the two cases.


If this is what "innovation" is all about, then perhaps we need less of it.

Recent Techrights' Posts

Naming Culprits in Switzerland
Switzerland is highly secretive about white-collar crime
Sanitised Plagiarism as "AI" (How Oligarchy Plots to Use Slop to Hide or Distract From Its Abuses, or Cause People Not to Trust Anything They See/Read Online)
This isn't innovation but repression
Recent Layoffs at Red Hat (2026 the Year of Ultimate Bluewashing)
I found it amusing that Red Hat's CEO has just chosen to wear all blue, as if to make a point
Team Campinos Talks About SAP Days Before EPO Industrial Actions and a Day Before the "Alicante Mafia" Series (About Team Campinos Doing Cocaine)
EPO staff that isn't morally feeble will insist on objecting to illegal instructions
Stack(ed) Rankings and Ongoing Layoffs at Red Hat and IBM (Failure to Keep Staff Acquired by IBM)
IBM is mismanaged and its sole aim is to game the stock market (by faking a lot of things)
Linuxiac May Have Reverted Back to LLM Slop (Updated Same Day)
Is he back off the wagon?
 
Writing About Corruption
Fraud is everywhere
The B in IBM is Brown-nosing and Buzzwords (or Both)
International Buzzwords Machines
IBM's 'Scientific-Sounding' Tech-Porn Won't Help IBM Survive (or Be Bailed Out)
Who's next in the pipeline?
IBM Was Never the Good Guy
its original products were used for large-scale surveillance, not scientific endeavours
The Bluewashing is Making Red Hat Extinct (They All Become "IBM", Little by Little)
IBM does not care what's legal
Slopfarms Push Fake News About Microsoft Shutdown, 30,000+ Microsoft Layoffs Last Year Spun as Only "15,000"
The Web is seriously ill
Countries Take Action Against Social Control Media and 'Smart' 'Phones', Not Slop (Plagiarised Information Synthesis Systems or P.I.S.S.)
None of this is unprecedented except the scale and speed of sharing
Sites That Expose Corruption Under Attack, Journalism Not Tolerated Anymore (the Super-Rich Abuse Their Wealth and Political Power)
Sometimes, albeit not always, the harder people try to hide something, the more effective and important it is for the general public
Links 16/01/2026: Social Control Media Curbs in Australia Underway, MElon Still Profiting by Sexualising Kids 'as a Service'
Links for the day
More People Nowadays Say "GNU/Linux"
We still see many distros and even journalists that say "GNU/Linux"
LLM Slop on the Web is Waning, But Linuxiac Has Become a Slopfarm
I gave Linuxiac a chance to deny this or explain this; Linuxiac did not
More Signs of Financial Troubles at Microsoft, Europe Puts Microsoft Under Investigation
The end of the library is part of the cuts
The "Alicante Mafia" - Part I - An Introduction to the Mafia Governing the EPO
Are some people 'evacuating' themselves to save face?
Pedophilia-Enabling Microsoft Co-founder Cuts Staff
Compensating by sleeping with young girls does not make one younger
Microsoft Shuts Down Campus Library, Resorts to Storytelling About "AI" to Spin the Seriousness of It
Microsoft is in pain
Free Software Foundation (FSF) Back to Advertising the Talks of Richard Stallman
A pleasant surprise
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 15, 2026
IRC logs for Thursday, January 15, 2026
Gemini Links 16/01/2026: House Flood and Pragmatic Retrocomputing Dogfooding
Links for the day
Links 15/01/2026: Starlink Weaponised for Regime Change (by Man Who Boasted About Annexing South American Countries for Tesla's Mining), Corruption in Switzerland Uncovered by JuristGate
Links for the day
GAFAM and IBM Layoffs Outline
a lot of the layoffs happen in secrecy and involve convincing people to resign, retire, relocate etc.
Links 15/01/2026: Internet Blackouts, Jackboots Society in US
Links for the day
Coming Soon: Impact With EPO Cocainegate
Will Campinos survive 2026?
The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
The Creator of Git Probably Doesn't Know How to Install and Deploy Git
Nobody disputes this: Mr. Torvalds created Git
Slop is a Liability
Slopfarms too will become extinct because people aren't interested in them
GAFAM is a National and International Threat to Everybody
GAFAM is just a tentacle in service of imperialism
EPO People Power - Part XXXVI - In Conclusion and Taking Things Up Another Notch
They often say that the law won't deter or stop criminals because it's hard to enforce laws against people who reject the law
Running Techrights is Fun, Rewarding, and Gratifying
In Geminispace we are already quite dominant
Red Hat is Connected to the Military, Its Chief Comes From Military Family (From Both Sides)
The founder of Red Hat's parent company literally saluted Hitler himself (yes, a Nazi salute)
Don't Cry for Gaslighting Media in a Country Which Loathes the Press
my wife and I received threats for merely writing about Americans
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day
Still Condoning Child Labour and Exploiting Unpaid Children Developers as PR Props (to Raise Monopoly Money)
These people lack morals. So they project.
"Security, AI or Quantum" on "the IBM Titanic"
Who's RMS?
Hours Ago The Register MS Published Microsoft Windows SPAM "Sponsored by Intel." The Fake 'Article' Says "AI" 34 Times.
The Register MS isn't a serious online newspaper
EPO People Power - Part XXXV - Where Else Will Corruption and Substance Abuse be Tolerated?
We need to raise standards
Status and Capital
People who do a lot are too busy to boast about it and wear fancy garments
IBM Paying the Price for Treating Workers Badly and Discarding Real Talent (Because It's "Expensive")
IBM is dead man walking
Turbulence Ahead
I last rebooted my laptop in 2023
Google News Rewards Plagiarism With LLMs (About Linux, Too)
Google is in the slop business now
Links 14/01/2026: Failing Economy and Conquest Abroad as a Distraction From Domestic Woes
Links for the day
Gemini Links 14/01/2026: The Ephemerality of Our Digital Lives and "Summer of Upgrades"
Links for the day
Projection Tactics - Part III: Silencing Inconvenient Voices Online
If X gets banned in the UK, it'll be hard to see what the spouse says in public
Outsourcing on Microsoft's Agenda, Offshoring Also
"In some cases, India hiring is poised to replace certain roles previously based in the U.S."
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same