EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

07.08.10

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

Posted in Free/Libre Software, HP, Oracle, Patents at 4:35 am by Dr. Roy Schestowitz

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 Coraid has buckled under the threat and temporarily withdrawn the product.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.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Microsoft Windows Unsafe at Any Speed, by Design

    More timely reminders that Windows is simply not designed to be secure, irrespective of version, status of patching, etc.



  2. After Moonlight Dies and Even Microsoft Abandons Silverlight, the Abusive Monopolist Keeps Pushing for Other Microsoft Lock-in, Injecting OOXML Traps Into Free Software (Moodle)

    Despite a long history of Microsoft formats being proven guarantee of digital obsolescence, Moodle allows itself to become Microsoft prey and a Trojan horse for OOXML in classrooms (for children)



  3. Links 4/7/2015: Mostly (Geo)Political Catchup

    Links for the day



  4. Links 3/7/2015: KDE Applications 15.04.3, Ubuntu-Flavored Compute Stick

    Links for the day



  5. Patent Lawyers and Their Firms, Still Desperate to Protect the Status Quo, Manipulate the Media

    Patent lawyers are besieged by gradual tightening of patent scope and recklessly fight back (e.g. by saturating the media) to secure their revenue sources, derived from (and at the expense of) actual scientists and true market producers



  6. Amid Controversy, Political Scrutiny and Increased Media Pressure Željko Topić and Benoît Battistelli Allegedly Cancel Today's Trip to Zagreb (Croatia) Where Topić Faces Many Criminal Charges

    The Croatian press comments on the recent declaration from the Council of Europe and Topić's not-so-sterling status in his home country, where he is wanted for alleged crimes



  7. Microsoft Gradually Embraces, Extends, Extinguishes Linux Foundation as a Foundation of GNU/Linux

    By liaising with (or hijacking) existing members of the Linux Foundation, as well as by paying the Linux Foundation, Microsoft turns the Linux Foundation into somewhat of a Windows advocacy group



  8. Microsoft India Still Lobbies and Lies About Free Software in Order to Knock Down Policy That Favours Free Software

    Microsoft continues to bully Indian politicians who merely 'dare' to prefer software that India can modify, maintain, extend, audit, etc.



  9. Patent Lawyers and Corporate Media Nervous About New Patents Barrier/Reality (Less Patents on Software and Business Methods)

    The rich and the powerful, as well as their lawyers (whose job is to protect their money and power by means of government-enforced monopoly), carry on whining after the Alice case, in which many abstract patents were essentially ruled -- by extension -- invalid



  10. Translation of Pierre-Yves Le Borgn' Speech Against EPO Management and New Parliamentarian Interventions

    More political fire targeting the EPO's management, adding up to over 100 parliamentarians by now



  11. Links 2/7/2015: KDE Plasma 5.3.2, antiX 15

    Links for the day



  12. Links 1/7/2015: OpenDaylight Lithium, OpenMandriva Lx 2014.2

    Links for the day



  13. Munich Press, Münchner Merkur, Slams the Munich-based EPO

    Pressure on Benoît Battistelli to leave (or be fired) grows as the cronies whom he filled his office with have become a huge public embarrassment to the decades-old European Patent Office



  14. The Shameless Campaign to Paint/Portray Free Software as Inherently Insecure, Using Brands, Logos, and Excessive, Selective Press Coverage

    Some more FUD from firms such as Sonatype, which hope to make money by making people scared of Free/libre software



  15. National Insecurity and Blackmail, Courtesy of Microsoft

    British members of parliament (MPs) outsourced their communication to the number one PRISM company and they are paying the price for it; The US Navy's systems continue to be unbelievably insecure (Windows XP), despite access to the world's biggest nuclear arsenal



  16. Microsoft Keeps Shrinking

    As the era of shrink-wrapped software comes to an end so does Microsoft, whose effort to become a 'cloud' company with online operations has been miserable at best



  17. They 'R' Coming: More Microsoft Money for the Linux Foundation

    The problem with having Microsoft in a Linux Foundation initiative, the R Consortium



  18. Speculations About the EPO's Possible Role in DDOS Attacks

    Readers' views on who might be behind the attacks on this site amid confirmation that it's on the 'targets' list of the EPO



  19. Links 30/6/2015: Linux Mint 17.2, OpenMandriva

    Links for the day



  20. Techrights Confirmed as a Target of EPO Surveillance, With Help From Control Risks Group (CRG)

    Unveiling the cloak of secrecy from long-term surveillance by the European Patent Office (EPO) and a London-based mercenary it hired, bypassing the law



  21. Google's Fight to Keep APIs Free is Lost, Let's Hope Google Continues Fighting

    SCOTUS refuses to rule that APIs cannot be considered copyright-'protected', despite common sense and despite Java (which the case is about) being Free/libre software



  22. Patent Trolls in the Post-Alice World

    A round-up of news about patent trolls in the United States, some of whom are are doing well and some of them not as well



  23. DDOS Attacks Against Techrights

    Information about some of the most recent DDOS attacks against this Web site and the steps to be taken next



  24. The Patent System Not What it Used to be, Large Corporations and Patent Lawyers the Principal Beneficiaries

    A look at some recent patent stories and what can be deduced from them, based on statistics and trends



  25. After Intervention by the Council of Europe Comes a Detailed Summary of the Situation in the European Patent Office (EPO)





  26. IRC Proceedings: May 31st - June 27th, 2015

    Many IRC logs



  27. Links 28/6/2015: Manjaro Linux Cinnamon 0.8.13, VectorLinux 7.1

    Links for the day



  28. Williamson v. Citrix Online (at CAFC) Reinforces Alice v. CLS Bank (at SCOTUS) in Crushing Software Patents

    More patent news from the United States, again serving to indicate that software patents over there are getting weak (harder to defend in court or acquire from the patent office)



  29. Proskauer Rose LLP is Cherry-Picking Cases to Make Software Patents Seem Eligible Despite Alice v. CLS Bank

    Naming and shaming those who are trying to reshape the consensus despite a rather consistent pattern of software patents being rejected



  30. IAM Biased: How IAM 'Magazine' Glorifies Patent Stockpiling

    A look at the bias of one of the most overzealous sites for and by patent lawyers


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts