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 Coraid has buckled under the threat and temporarily withdrawn the product.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

Cybersecurity Does Not Mean Asking Microsoft for Permission to Boot
There were very good and timely reasons to speak about the matter, including impending antitrust complaints against Microsoft
 
Microsoft at 50 Follows the General Trajectory of Skype
How many years does Microsoft have left before payroll becomes impossible?
A Year After a Microsofter Took Over The Register MS It is Effectively a Content Farm With News as a 'Side Dish'
This is not journalism, this is spam
IBM Pays the Media and Cons Some 'Journalists' Into Participating in "Quantum" Spam
"The Boy Who Cried Wolf"
You Don't Need an 'App' for Your Birdhouse (Slopfondlers Come for Birds)
That they sell those things as "AI" really says a lot about how dishonest slopfondlers really are
SLAPP Censorship - Part 113 Out of 200: The United Kingdom is Not Turkey
Turkey is ranked almost worst in the Western World for press freedom
Links 21/06/2026: Bots from Alibaba Do Harm and Many Xbox Games Are Being Cancelled
Links for the day
5 Years After Release of Vista 11 Not Even One in 5 People Use It (in the US)
It doesn't look like Vista 11 will ever be adopted like prior versions and announcing a Vista 12 will mostly upset companies/organisations that only recently "upgraded" to 11
Gemini Links 21/06/2026: Boca Raton, Perfect Summer Day, and LLM Doing Things Poorly
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 20, 2026
IRC logs for Saturday, June 20, 2026
Microsoft Insiders - Not Limited to XBox - Expect a 'Bloodbath' (Their Own Word)
This isn't limited to XBox
Reports of "PIP" as Means of Mass Layoffs at IBM This Year
some insights into the PIPs
SLAPP Censorship - Part 112 Out of 200: Strangles Women, Then Refuses to Even Attend Any of His Own Hearings About It
It is meanwhile very apparent that Brett Wilson LLP is becoming a "mench sphere"
Gemini Links 20/06/2026: "There Was Never Supposed to Be a Camera" and "What Is A Programming Language"?
Links for the day
Geminispace Reaches Its 8th Year, Today It Has Turned 7
Gemini Protocol 'went live' 7 years ago, just before the COVID-19 pandemic
Links 20/06/2026: "Full Page Paralysis" and "Hopes For Xbox’s Future Might Be Over Before It Even Begins"
Links for the day
European Patent Office's (EPO) Strikes "at a Scale not Seen Since Battistelli", European Patent Grants Down by Over 25% in Past 3 Months
The actions are effective
Real Security Elusive, Microsoft Layoffs to Coincide With Certificate Apocalypse
July 1
Links 20/06/2026: Microsoft's "Year of Shame" and "Feed the Writers"
Links for the day
2026 is a Year of Strikes at the European Patent Office (EPO)
As it stands at the moment, to many people the EPO represents crime, not law
Web Browsers Are Technically Bloatware (No Matter What Runs in Them)
Don't make it a society that shames people into using a Web browser where none should be needed
Fedora Has Changed a Lot Since I Last Used It (IBM Dominates Almost Everything, IBM Agenda Displaces Community Goals)
"It is effectively 100% run by Red Hat/IBM employed people... even when they are community-elected representatives."
Andy (Cyber Show) on His Teacher Who "Squeezed Every Last Drop Out of Life, With Gratitude, Humility, Generosity and Mettle"
Some call them "eccentric" and are dismissive about what they have to offer
Only 1.5% Oppose the European Patent Office's (EPO) Strikes and Other Industrial Actions Until 2027
Among those polled/surveyed (in a ballot)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 19, 2026
IRC logs for Friday, June 19, 2026
Gopher/Gemini Links 20/06/2026: Slop With Tcl/Tk and Nokia 770 Perishes
Links for the day
SLAPP Censorship - Part 111 Out of 200: Garrett and Graveley (the Latter Arrested for Strangling Women) Keep Ousting Their Collaboration in Litigation, Lawfare in a Foreign Continent
it's not law, it's just warfare disguised as "law"
European Patent Office (EPO) Series: Lobbying in Lisbon...
reappointment campaign lobbying has not been restricted to the "home front" in Portugal
Slop Making Its Way Into Terms Where It Does Not Belong
Hopefully by year's end Google News can successfully cull (and deprive of traffic) almost all slopfarms
Links 19/06/2026: Microsoft Patent Troll Intellectual Ventures in Europe, "World Cup of Internet Resilience"
Links for the day
Links 19/06/2026: Salesforce Data Thefts and GAFAM's Conspiracy Theories That Data Center Opposition is a Foreign Plot
Links for the day
Links 19/06/2026: The Retweeting Class and Data Centres as National Security Risk
Links for the day
Don't Attack the Wives (or Spouses) of Pundits/Activists/Journalists
We will be writing several series about this in the future
Society Will Only Improve Owing to People Who Push Boundaries
Push boundaries with ideas and facts, not with forbidden language
Internet Relay Chat (Shorthand IRC) is Still Growing
Contrariwise, social control media is waning
The Register MS Published a New Page With "AI" 21 Times in It. It Was Paid SPAM.
The former editor of the The Register MS admitted to me (directly) that he knew all this "AI" stuff was stupid hype
Murdoch's Wall Street Journal (WSJ) Associates Dependence on a Ponzi Scheme With "the Future"
Those ludicrous ads (disguised as rankings) from WSJ deserve scorn and ridicule
The XBox Story is Still Fast-Developing, the Layoffs Are Confirmed to be Happening Already (Mid-June), Just Not "Officially"
Workers have Microsoft have long braced for what is happening this summer and will accelerate further in two weeks' time
Fake News From Rupert Murdoch's WSJ Could Not Keep IBM From Sinking
"2026 Best Companies for the Future"?
To GNU, AV2 Adoption May be a Year If Not Years Away
The leap between versions means that there is fertile ground for incompatibilities
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 18, 2026
IRC logs for Thursday, June 18, 2026
Gemini Links 19/06/2026: "Born and Raised by the Internet", Fifteen Years in Gopher
Links for the day