Bonum Certa Men Certa

Patents Roundup: Microsoft Patents Customer-hostile DRM, Refuses to Obey Patent Law; Apple and eBay Sued; Patent Troll Tracker Set Free

Summary: As the title suggests, this is yet another roundup of patent news of interest

THERE IS a lot of news to go through today, so here is just a gist of developments in the patent world -- in particular issues that affect Free software. The Inquirer was one among several sources that noticed Microsoft's latest patent that harms people's rights and freedom. It's about DRM, which Microsoft almost pioneered and certainty welcomed.



SOFTWARE IMPERIALIST Microsoft has been awarded a patent for a distributed DRM system that works over peer-to-peer (P2P) networks.

Patent number 7,594,275 is entitled, "Digital rights management system" and uses encrypted public and private keys as the licensing mechanism.


Encryption is for security, not for prevention of access to one's own files. But this is what Microsoft not only does here but also strives to have a monopoly on. To their defence comes the familiar anti-GNU/Linux brigadier whom we wrote about here. One person at Linux Today responded to him as follows: "No sorry its not "stealing" please cut the crap."

Sharing cannot be "stealing" where only copying (duplication) is concerned. DRM can never really prevent "stealing", unless it acts as a deactivation mechanism that reduces desire for theft, e.g. of a cellular phone. But encryption too has been patented, so Apple and eBay get sued. From Heise:

For some time, Vendor TQP (Telequip Corporation) has been filing lawsuits against various US banks over its patent for changing keys during encrypted data transmissions. Now the list of defendants also includes Apple and eBay. The claim is about the alleged violation of a patent which was applied for in 1992 and granted in 1995. It describes a method in which symmetric keys for a sender and a recipient are created using synchronised pseudo-random number generators and may be changed during transmission.


This is a very fundamental idea in cryptology. How can that be a patent? Patenting this only reduces security and acts as a barrier to those who are trying to make the world a safer place.

Microsoft has perhaps realised that deliberate infringement is acceptable [1, 2, 3, 4, 5, 6, 7, 8, 9, 10] because patent laws do not apply to Microsoft. To Microsoft, annulling the ban on Word was not an interim verdict that's sufficient; the company goes further and attempts to shoot down the entire monetary penalty.

Microsoft protests $290m Word judgment



[...]

A federal judge fundamentally misinterpreted a patent asserted against Microsoft Word, an error that should require a $290m infringement penalty to be overturned, attorneys for the software giant argued Wednesday.

[...]

i4i has claimed that Microsoft deliberately set out to destroy its business while publicly proclaiming the two were allies. Microsoft's inclusion of custom-XML editing in Word from 2003 usurped its own invention and relegated its patented technology from a mainstay in the mass market to a niche player in the pharmaceutical industry, it has said.


In other news, the USPTO is overflowing with patent applications which cannot be processed in a timely fashion and patent lawyers -- rather than acknowledge that there is a fundamental issue with scope of patenting -- believe that throwing more people at the problem is the way to go, apparently.

The IPKat thinks that making the system more efficient is all very good, but wonders how far this will go in reducing the backlog.


Over at TechDirt, a warning gets sounded regarding these attempts to popularise the changing of hands on patents, which only elevates patent trolls like Microsoft's Nathan Myhrvold.

The auction will be run by Pluritas, a patent broker based in San Francisco. Robert Aronoff, its managing director, says Zoltar has strong, court-tested patents that apply to a huge industry, at a time when there is an increasingly brisk market for intellectual property. “They are entering into this vastly changed marketplace with a hot property,” he said.


If such auctions become the norm, then patents become ownership of opportunistic lawyers rather than actual inventors with morals. Who is this system really for then?

Some days ago we wrote about Patent Troll Tracker, who has been fighting this rotten system and put at stake his career in the process [1, 2, 3, 4, 5, 6, 7]. The good news is that the case is now settled.

None of the lawyers involved in the case would comment on the settlement Monday. Cisco issued a statement Tuesday morning in which it said the dispute between the parties "has been resolved to their mutual satisfaction, and Rick Frenkel and Cisco apologize for the statements of Rick Frenkel on the Troll Tracker blog regarding Eric M. Albritton." Frenkel is now of counsel at the Silicon Valley law firm Wilson Sonsini Goodrich & Rosati.


Sadly, as TechDirt puts it, even with Rick Frenkel set free, Patent Troll Tracker is unlikely to ever come back.

The real question is whether or not this means Frenkel will start blogging again. Some of his statements in the past (and having to go through this entire ridiculous process) suggest that he may not blog again. However, I'm hopeful that he'll get back to it, though obviously not anonymously any more. His work in highlighting some of the more nefarious actions of patent system abusers is still sorely missed.


Will someone succeed Frenkel's work? Let's hope so.

Patent Troll Tracker - Rick



Recent Techrights' Posts

Like Microsoft and IBM, the 'Alicante Mafia'-Governed EPO Does PIPs Nowadays (at the EPO, It's "Professional Incompetence Procedure")
So "PIPs" are definitely in the EPO and we saw letters sent to staff
Time for Change, More New Articles, Less Curation
The oligarchy wants to gut the real press and replace media with slop and social control media (or social control media with slop in it, i.e. their own voices, mechanised)
Almost 1,600 EPO Employees Went on Strike Last Week
There is another strike coming 2.5 weeks from now
Over at Tux Machines...
GNU/Linux news for the past day
 
Claims That IBM Will Lay Off 20% (or 15%) of Its Workforce This Year Unless It Finds a Way to Push Them All Out by Threats, Shame, Guilt
Where are the articles about IBM layoffs?
IBM Isn't a Serious Company Anymore, It's a Ponzi Scheme Operated by a Clique and It Misuses Companies It Acquires to Prop Up or Legitimise the Scheme
IBM seems like it's nothing but a "Scheme"
Google News Drowning in Slop About "Linux" (Slopfarms Galore)
Google should know better than to link to any of these slopfarms, but today's Google is itself a pusher of slop
Living in Freedom When 'False Flag Operations' Like EFF Get Captured by Billionaires to Take Freedom Away
There are many ways to think of Software Freedom
Links 05/02/2026: EU Commission Gutting Net Neutrality
Links for the day
Gemini Links 05/02/2026: NixOS Books and Monochrome Emojis
Links for the day
Links 05/02/2026: Canadian Government Uses US LLMs to Override Expert Opinions, NVIDIA Troubles Due to Enablement of Mass Plagiarism ('Piracy') Misleadingly Obscured as "Hey Hi"
Links for the day
Explaining the Letter From JUDGE SYKES FRIXOU, Threatening Me Around the Time GNOME's Nat Friedman Lost His CEO Job at Microsoft GitHub and His Best Friend Got Arrested for Strangulation
this letter (with annotation) is critical
Linuxiac Not Rehabilitated, It's Still Full of LLM Slop (Part of a Trend)
The Web as a resource/source of information is perishing
"Sponsored by Azul" to Write Fake 'Article' About Azul, Quoting Azul Itself
The "journalism" industry [sic] became so utterly corrupt
JuristGate is for sale: three billion Swiss francs for a domain name
Reprinted with permission from Daniel Pocock
Gemini Links 05/02/2026: Coercion, Antibiotics, and LVDT Project
Links for the day
IRC Proceedings: Wednesday, February 04, 2026
IRC logs for Wednesday, February 04, 2026
Links 04/02/2026: Extreme Malice in Microsoft's Visual Studio Code on GNU/Linux, More Hey Hi (AI) Chaos
Links for the day
Sexism & GNOME: shaming men, hiding women, Sonny Piers update
Reprinted with permission from Daniel Pocock
You Know Microsoft's "Value" is 100% Fictional When in One Single "Trading" Day in Wall Street It Loses THREE TIMES More in "Value" Than It Was 'Worth' in 2009
Microsoft does not behave like a company riding trillions but like a company that struggles with payroll
Gemini Links 04/02/2026: Humanity and Animality, systemd (Controlled by Amutable, a Proxy of Microsoft) Moves on to "Extinguish" Phase
Links for the day
Better Outcomes When Facing the Discomfort of Conflict
Don't take the easy way out when the "hard way" is the right way and it can result in positive revelations
Certificate Authority Let's Encrypt Used to be Widely Used in Geminispace, Now It's Down to Just 0.2% of the Whole
Let's Encrypt is not your friend
What IBM Does Is Clearly Illegal in the US: Tying Severance Packages to NDAs (Non-Disparagement Agreement/Clause)
The NDAs make things worse; they keep people isolated and silent
Microsoft's Giant Snowball of Layoffs and PIPs (in 2026)
They would delay until March or April if they wanted to, but then we can expect numbers exceeding 10,000 layoffs (Microsoft always low-balls the real figure/s)
Mozilla Turned Firefox Into Shovelware, Adding 'Kill Switch' for Slop Still Means Mozilla is Participating in a Pyramid Scheme, Plagiarism, Grifting
Mozilla is still a slop pusher
Leaving the United States 3 Years Ago Was the Best Decision We Made
A lot of stuff is being consolidated
Links 04/02/2026: "Laws of Succession" and Microsoft's VS Code as Code-Stealing Malware
Links for the day
BillBC (BBC) Covered Up Pedophilia, Now It's Covering Up for Its Sponsor Bill Gates by Reprinting His Lies, Which His Own Wife Disputes
Is Bill Gates having orgies (group sex)?
Phoronix Swims With the Real Trolls, People Who Fancy Proprietary Software and Back Doors
If Larabel begins to actively participate in provocation with the "Microsoft GitHub fans club", what does this tell us about Phoronix?
They Know Microsoft Layoffs Are About to Hit Them Hard
The gaming division at Microsoft is a complete catastrophe, lots of money (debt) down the drain [...] Buying Activision was all about misleading shareholders or hiding the deep trouble/problems XBox was having
Red Hat is Not a Linux Company, It's IBM's Ponzi Scheme Enabler
Had we still been stuck in 2021, perhaps IBM would plaster "NFT" or "metaverse" all over RedHat.com
Keep Grinding
"Don't let the bastards grind you down"
Mobbing at the European Patent Office (EPO) - Part III - Who's Going to Pay for the EPO's Corruption? (Aside From European Citizens)
Some people inside the EPO reached out to us
"Investors Are Concerned About an AI Bubble" (That GAFAM and IBM Ride)
A few decades from now IBM will only be remembered in the same sense many so-called 'AI' companies will be remembered
EPO Staff Union: "Very High Strike Participation on Friday 30 January", Another Strike Starts 19 Days From Now
EPO management in a bit of a panic
Censorship/Free Speech and Social Control Media
It's important to have a grasp of how contemporary censorship works and how to tackle it
Google News as Slop Booster
this is what Google links to
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 03, 2026
IRC logs for Tuesday, February 03, 2026
Gemini Links 04/02/2026: "Raspberry Pi Relaxes the Rules for Its RP2040 Hacking Challenge" and "Long Web Society"
Links for the day