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

08.06.10

Intellectual Ventures Revisited as Facebook is Hoarding Patents; Apple Patents Other People’s Ideas/Implementations

Posted in Apple, Microsoft, Patents at 9:01 am by Dr. Roy Schestowitz

“We’ve always been shameless about stealing great ideas.”

Steve Jobs, Apple

Happing hogs

Summary: Facebook is hogging again and Apple shows that it’s not only a patent threat but also a cheeky hoarder of other people’s ideas

IN A POST that we wrote earlier on about Facebook (a Microsoft partner) we mentioned Microsoft's patent troll (Nathan Myrhvold) because Facebook’s founder (Zuckerberg) was meeting with this troll, according to reports. It is possible that Zuckerberg was looking to buy some software patents, which he eventually got off of Friendster for more than Friendster is even worth, according to TechDirt:

Facebook Picked Up Friendster’s Patents For More Than It Cost To Buy Friendster

[...]

What’s impressive here is that the entire company Friendster had been sold just a few months earlier for… $39.5 million. So the buyer has effectively recouped the purchase price in less than a year. Impressive. As for why Facebook just wasted so much money (even if not all of it is “real”) on a bunch of patents? As Liz Gannes postulates, it’s probably just to keep the patents from getting in the way of an upcoming IPO. For a company currently valued at such insane levels, $40 million to clear an obstacle to an IPO is nothing major — especially when a portion of the deal is via in-kind services. Hopefully Facebook knows better than to start using the patents offensively, but somehow, I get the feeling this is not the last we’ll hear about these patents.

It probably remains to be seen how these patents will be used (maybe just as a deterrent) and we have reasons to be concerned [1, 2]. Did Facebook ever buy patents from Nathan Myrhvold’s racketeering firm (Intellectual Ventures)? According to another new post from TechDirt, Intellectual Ventures continues to sell patents, even to large companies like Verizon (which is now working with Google to destroy net neutrality, for shame!).

Intellectual Ventures is the infamous company founded by former Microsoft CTO Nathan Myrhvold to hoard patents on a massive scale and to basically get companies to pay up “protection money” to (1) keep those patents from being used against them and (2) let them use those patents against others. While for years Myrhvold insisted that Intellectual Ventures was avoiding lawsuits, we have seen IV patents showing up in lawsuits lately. The first one was last year, involving a patent IV had sold, but it wasn’t clear if it still had an interest in any awards or settlements received. It has become clear that the company has set up over 1,000 shell companies, however, so that makes it more difficult to know sometimes.

However, there have been two cases of IV patents officially involved in lawsuits lately, and both are on the “defensive” side. The first was back in March, where IV sold some patents to Verizon that it could use in its fight against TiVo. TiVo had sued Verizon, but since Verizon had paid IV some huge amount of money (hundreds of millions of dollars), it had the right to pick from IV’s patent portfolio to sue back. That same thing appears to be happening again, though, this time with a smaller company who wasn’t already an IV member. Speech to text company Vlingo was sued by speech recognition software giant Nuance for patent infringement, and now Vlingo has paid Intellectual Ventures to “join” and to get patents back, which it can use to fight back against Nuance.

Remember who’s behind Intellectual Ventures in terms of funding. It’s Microsoft, Bill Gates, and Apple. And in other news about Apple, its latest outrageous software patents are being discussed in Slashdot, which points to several sources. Jan Wildeboer says: “[A]pple patents “inspired” by existing 3rd party work? Or plain stealing? You decide.” Here is the referenced article which says:

The patent has been filed in December 2009. And clearly, the number of details with all the icons, their ordering and the actual app name “Where To?” in the title bar (which, as a sidenote, doesn’t make a lot of sense as a module in a potential iTravel app) can’t be randomly invented the same way by someone else.

[...]

In summary, this episode once more reinforces my personal aversion against software patents. In my opinion they discriminate against smaller developers who can’t afford building a huge legal department to defend against such patent cases and to research existing patent mine fields.

Wildeboer added: “Is Apple trying to patent apps to create an innovation tax on android apps?”

Consider more information on the same subject:

Not a Joke: An Apple App Patent (Pic) That Looks Like an Actual App Selling on the App Store

[...]

Dan Wineman explains that ”the diagram is just part of an example of one way the technology in question might operate. I think it’s more likely that the people involved in drawing up this patent simply didn’t think about the message it would send to developers. I’m sure it’s not Apple’s practice (or intention) to plunder the App Store submissions bin for new things to patent.”

Reader Gary Watson says: “After reading the claims, it’s clear that the spinning wheel image stolen from the 3rd party app was not part of the claimed invention at all and was just an illustration. You see this a lot in patents, where a an exemplar device such as a Dell laptop is used in a drawing but is not part of the claims.”

Earlier this week we wrote about a TechCrunch report which gave Apple’s hypePhone as an example of a product with over 1,000 patents on it (and Apple uses hypePhone patents offensively against Linux). This report led TechDirt to asking “How Much Of The World Is A Patent Free Zone”. From the opening:

Vivek Wadhwa has an interesting post at TechCrunch, pointing out that much of the world beyond the US, Europe and BRIC (Brazil, Russia, India, China) are effectively a patent free zone. Even if many of these places do have patent laws, very few companies find it worth the trouble to file for patents in those places — and, technically, that means that anyone producing products in those areas can legally copy from the patents filed elsewhere.

Had there been no patents in this area (especially mobile phones), products would improve, according to analyses*. But big companies like Apple would then not be as wealthy. That’s just who patents typically serve — the already-wealthy. Patents are an expensive protectionist tool, not a progressive tool, contrary to myths. Here is a video of a phone which runs Linux but Microsoft is taxing using software patents that it refuses to disclose (it’s a Samsung Galaxy S).


____
* Many phones are deliberately limiting function due to patents.

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's and Bill Gates' Biggest Patent Troll (Intellectual Ventures) Suffers Setback and Nokia is Dead While Patents Scattered to Microsoft Patent Proxies

    Microsoft's patent collectors (trolls) are to have a feast with Nokia patents while Intellectual Ventures, Microsoft's largest patent proxy, continues to attack companies including Motorola



  2. Patent Racketeering Continues With Nadella: Motorola the Latest to Join the FUD Campaign

    Nadella continues Ballmer's campaign of intimidation and alienation, showing that nothing has changed at Microsoft, not even the FUD



  3. Links 23/4/2014: GNOME Maps Application, LG in Headlines

    Links for the day



  4. Links 22/4/2014: More GNU/Linux Gains, Syria Updates

    Links for the day



  5. Links 21/4/2014: New Games for GNU/Linux, Some NatSec Politics

    Links for the day



  6. Site Focus for The Remainder of the Year

    What we plan for the rest of 2014 and why



  7. Links 20/4/2014: EFF FOSS, Easter Drone Strikes, Copyright Industry Fear of Google

    Links for the day



  8. Links 19/4/2014: Slow Easter News Day

    Links for the day



  9. Links 18/4/2014: New KDE, Kubuntu, and More

    Links for the day



  10. Some Perspective on Heartbleed®

    Our views on the whole Heartbleed® bonanza, which seems like partly a PR stunt (for multiple stakeholders)



  11. Microsoft is Leaving Windows -- Including Vista 8.1 -- Vulnerable to Non-Government Crackers, Not Only to NSA

    Microsoft makes it ever more evident that securing users of Windows is not at all a priority, and perhaps not even a desire



  12. Links 17/4/2014: Android RDP, New Ubuntu, RHEL 7 Milestone

    Links for the day



  13. Racing to 1984: Mass Surveillance, Cracking, 'Targeted' Assassinations, and Illegal Torture

    Links for the day



  14. More Microsoft Subsidies to Patent Troll Intellectual Ventures

    Microsoft hands money to Bill Gates' close friend who is the world's largest patent troll



  15. Aiding Microsoft Under the Disguise of 'Pro-FOSS'

    Not everything which is FOSS necessary becomes, by virtue of existence, a positive contribution, as we are constantly reminded by projects that help proprietary software and/or restrictions get a strong grip on FOSS



  16. Links 16/4/2014: Red Hat PR, Ubuntu LTS Imminent

    Links for the day



  17. Links 15/4/2014: Lots of PCLinuxOS Releases, Ukraine Updates

    Links for the day



  18. Apple and Microsoft Actively Lobbying Against Patent Reform in the US

    Apple and Microsoft are reportedly intervening/interfering with US law in order to ensure that the law is Free/libre software-hostile



  19. Lawsuit by Microsoft Shareholder Targets Fine for Crimes Rather Than the Crimes Themselves

    A new lawsuit by a Microsoft shareholder shows everything that's wrong with today's model of accountability, where those who are responsible for crimes are accused of not avoiding fines rather than committing the crimes



  20. Public Institutions Must Dump PRISM-Associated Software

    Another reminder that taxpayers-subsidised services should refuse, as a matter of principle, to pay anything for -- let alone deploy -- proprietary software with back doors



  21. GNU/Linux News: The Opportunities Amid XP EOL

    Links for the day



  22. Microsoft Gets Its Money's Worth From Xamarin: PlayStation 4 Now Polluted by Microsoft

    The Trojan horse of Microsoft, Xamarin, is pushing .NET into Microsoft's console competitor



  23. After Brendan Eich Comes Chris Beard

    Having removed Brendan Eich using bullying and blackmail tactics, his foes inside Mozilla achieved too little as we have yet another man (coming from inside Mozilla) acting as CEO



  24. Healthcare News: Free Software in Health, Humanitarian Causes

    Links for the day



  25. Links 14/4/2014: MakuluLinux, Many Games, More Privacy News and Pulitzer Prize for NSA Revelations

    Links for the day



  26. TechBytes Episode 87: Catching up With Surveillance (NSA, GCHQ et al.)

    The first audio episode in a very long time covers some of the latest happenings when it comes to privacy and, contrariwise, mass surveillance



  27. Server News: KVM, ElasticHosts, Other GNU/Linux Items, and Open Network Linux

    Links for the day



  28. Hardware News: Freedom, Modding, Hackability on the Rise

    Links for the day



  29. Distributions News: GNU/Linux Distros

    Links for the day



  30. GNOME News: Financial Issues, Mutter-Wayland, West Coast Summit, Community Participation

    Links for the day


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