Bonum Certa Men Certa

Patent Bullies Roundup: Intellectual Ventures, NetApp, and HP's 'Donation'

Nathan Myhrvold



Summary: Patent aggression vectors are named; HP is criticised for taking away what's public and then 'donating' it back

THE Bilski decision's interpretations regarding software patents continue to arrive [1, 2], but we won't delve into them because it's becoming too repetitive. It also applies to just one country, which happens to be home of the world's largest patent troll, Intellectual Ventures.



Despite all its abuses (racketeering), Intellectual Ventures is said to have just received a "superplug":

I enjoyed Levitt & Dubner’s “Freakonomics”, and picked up the followup “Superfreakonomis” recently at an airport. The last chapter, however, was astonishing. The entire chapter was devoted to a glowing advertisement for Intellectual Ventures, pointing out that they own 20,000 patents “more than all but a few dozen companies in the world”, but of course “there is little hard evidence” that they are patent trolls.

But this bunch of wacky genius billionaires have solved global warming (much of which they dispute anyway) and can control malaria and prevent hurricanes from forming. Unlike the rest of the book which covers analysis of well-known facts and disputes them with insightful economic research, this chapter is so breathless and gushy that it makes me question the rest of the author’s work.

I first came across Intellectual Ventures when The Economist reversed their 100-year opposition to patents, and the only reason I could find was a similarly cheerleading piece about this company. (I had naively expected new research revealing some net positive of patents, or some such revelation).


The PR from Intellectual Ventures appears to be working whenever anyone describes this parasitic bully as something worth keeping around.

Speaking of trolls, NetApp happens to be one among the few companies that sue Free/open source projects using software patents [1, 2] and it is doing it again:

NetApp has threatened Ethernet and ZFS storage supplier Coraid with implied legal action unless it stops selling its EtherDrive Z-series NAS. Coraid has buckled under the threat and temporarily withdrawn the product.

The back story here is that NetApp sued Sun in 2007 for infringing its patents with the ZFS file system product which it used in its 7000 storage system and which it made available to the open source community. Sun counter-sued NetApp to destroy the validity of the patents in question by showing that there was prior art - existing IP - rendering the patents null and void.

The two legal actions were combined, with the case ongoing in a northern California court. Oracle has inherited the case with its acquisition of Sun. A letter from Coraid's CEO, Kevin Brown, to Coraid users and partners says NetApp and Oracle are trying to resolve the dispute out of court.

Now we see a significant hardening of NetApp's stance as it directly attacks the open source community using ZFS with this offensive against Coraid. This could be part of a negotiating tactic against Oracle.


One last news item which is worth addressing is this PR move from HP, which takes away from the Commons and then sells it back. It's like 'donating' what you took away in the form of a monopoly, just like IBM and like Google:

The World Business Council for Sustainable Development (WBCSD) announced late last week that HP will join the likes of IBM, Nokia and Sony in making some of its patented technology freely available under the Eco-Patent Commons scheme. The scheme, launched in January 2008, is a joint effort between the WBCSD and IBM, Nokia, Pitney Bowes and Sony.


Why are they allowed to acquire monopolies on these ideas in the first place? Those who are already cynical about the patent system will only be inclined to strengthen those beliefs of theirs. The better solution is to just reject all patents of this type at the USPTO level. Certain things are beneficial neither to the economy nor society when they become a government-protected monopoly.

Recent Techrights' Posts

What Do People Ever Buy From Microsoft Anyway (Not PCs)?
Microsoft sells two things these days: 1) vapourware/promises. 2) its stock.
Gemini Links 20/02/2026: "Mainstream Unix, Underground Unix", Slop Staging DDoS Attacks Against Small Sites
Links for the day
IBM Inclusivity: Red Hat Summit is for Rich Sponsors Like Microsoft and Rich Guests Who Pay $500 a Day
Nothing signals societal tolerance more than paying a large military contractor
IBM Behaves Like a Company Looking for Loose Change Between Sofa Cushions
Chasing laid-off workers for dollars and even pennies, making excuses and devising loopholes (such as PIPs) to flout severance obligations
 
Links 20/02/2026: Standards, Science, and Politics
Links for the day
GNU/Linux Adoption is Higher in Richer Countries
Is it because freedom is actually expensive - something that only privileged people can pursue?
Links 20/02/2026: Windows TCO Versus Deutsche Bahn, Europe Seeks More Independent Digital Future
Links for the day
IBM, Red Hat and Fedora: Don't Say "Master", It Offends People. Also IBM, Red Hat and Fedora: "Master Podman".
The hypocrisy at Red Hat and Fedora shows no boundaries
IBM Layoffs Aren't Just in IBM 'Proper'
Who is still using Lotus after the HCL move?
The Register MS Gets Paid by Gartner to Promote a Ponzi Scheme for Gartner, Microsoft, and Others
The credibility of that site will suffer because it tries to sell a major scam to its audience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 19, 2026
IRC logs for Thursday, February 19, 2026
Gemini Links 19/02/2026: "Towards a Gemini Famicom Resource" and Dumping Microsoft
Links for the day
Microsoft Found Another Bailout Opportunity: Killing People
Good thing that Nadella is not racist!
No "Smart Mobs" (Social Control Media) in BRIC?
It looks like the "Social" "Media" sites tracked by statCounter see little from (or of) BRIC, and moreover it is declining fast
The Few Slopfarms We Saw Today
The sentiment has changed a lot
Links 19/02/2026: Protecting Framework Laptop 13, Hardware Drive Shortages
Links for the day
In Africa's Second-Largest Nation, Democratic Republic of the Congo (DRC), Opera 10 Times Bigger Than Firefox (and GNU/Linux Now at 5%)
This will become an accessibility problem
Links 19/02/2026: "A.I.pocalypse" Inevitable and "Butlers to LLMs"
Links for the day
An Inherently Royal (Monarchs') Legal System Where Size Matters (Big Capital Eats the Small)
This reinforces the notion that justice is only for those who can afford it
These Statistics Should Keep Microsoft Shareholders Awake at Night
Windows is, in general (all versions collectively), declining over time
Economic Failure and Other Harsh Realities Have Nothing to Do With Slop 'Innovation'
Advanced propaganda, not advanced 'AI' [...] They attack workers while insulting their intelligence
Spaniards Shutting Down MElon's Digital Weapon of "Smart Mobs"
Are the Spanish people already acting based on gut feeling and shunning/shutting out the provocation vector?
Bitcoin: government engagement contradictions
Reprinted with permission from Daniel Pocock
Richard Stallman in the United States - Part II - "Haters Gonna Hate"
we shall carry on with this series at the right pace
Typical! Solicitors Regulation Authority (SRA) Tells Victims of Fraud to Wait 10 Weeks
justice delayed is justice denied
EPO Union Leaders in Rijswijk Explain Where EPO Strikes Stand and How to Prepare for Next Week's
We have some revelations to share in a few days
statCounter: Only One in 350 Iranians Would Use Microsoft for Web Search
Microsoft is trying to fake "demand"
Slides Shown a Week Ago by the EPO's Staff Committee Ahead of the Second Very Large Strike
This coming weekend we'll drop a 'bombshell' of sorts
EPO "Cocaine Communication Manager" - Part II - Illegal Drug Addicts Mobbing the Wrong People, This Will Definitely Backfire
This year may well be the last year of Team Campinos. Nobody will hire them after that.
Mass Layoffs (But Silent Layoffs) Still Happening in IBM, You Need Only Look Closely (There Are NDAs, PIPs, 'Early Retirement' Sweeteners and IBM - Like Microsoft - Skirts the WARN Act)
the layoffs are definitely happening
Microsoft's "AI CEO" (Slop Propagandist) is Projecting, Many Microsoft "Jobs to be Replaced With All-Indian Low-Paid Staff in 12 Months"
Windows is perishing
Very Little Slop
We are not finding much slop anymore
Links 19/02/2026: Illegal Kangaroo Court for Patents Attracts Aggressive Firms, Public Domain Review Grows
Links for the day
Gemini Links 19/02/2026: Taxing the Rich, Raspberry Pi 4 Tinkering
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 18, 2026
IRC logs for Wednesday, February 18, 2026
Links 18/02/2026: DMCA Weakened, Anna’s Archive Still Thriving
Links for the day
Links 18/02/2026: Gig 'Economy' Condemned, Microsoft Insulting/Stressing People With False Slop Predictions
Links for the day
Twitter Falling to 1% in Africa's Largest Nation (Algeria)
About 15 years ago the regime in Egypt got toppled (and others had been too) partly because of social control media such as Twitter
"How Many Friends Do You Have?"
"Do bots count?" "Friends in Facebook?" "Does a girlfriend chatbot count as a friend?"
Solicitors Regulation Authority (SRA) Responds to Crises Only After It's Way Too Late
The SRA does not do its job. The new chief's job is face-saving PR in the media.
The Techrights Team Makes the Platform Faster
The infrastructure is already fast
Mozilla Firefox Died in Afghanistan
Mozilla has been a complete disaster
Gemini Links 18/02/2026: Astronomy and Texinfo
Links for the day
Are IBM CEO and IBM CFO Ready for Financial Audit That Topples the Shares by 50% in One Day?
The same "chefs" that cooked up Kyndryl Holdings Inc are still in charge of the IBM kitchen
France Does Not Need Digital Weapons Disguised as Social and as Media
French people lost interest in Social Control 'Media' (or Networks)
"Senior AI Reporter" at Slop Technica/Ars Sloppica Has Written Nothing in Nearly a Week, Did Conde Nast Suspend Him for Fake Articles With Fake Quotes?
Slop Technica/Ars Sloppica is having a serious credibility issue right now
Linux Foundation Puts Slop Images, Not Just Slop Text, in Linux.com
More of the same then
The Register MS Paid-for 'Articles' (Ads) Seem to be LLM Slop Again
If it's true that The Register MS is resorting to these marketing tactics, will they later delete the evidence (as they did months ago)?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 17, 2026
IRC logs for Tuesday, February 17, 2026