Bonum Certa Men Certa

Paul Allen's Patent Troll Obviously Did Not Sue Microsoft, But Why Did Amazon Get a Free Pass?

Bezos gives lecture



Summary: An analysis of what makes Amazon unique in the eyes of Microsoft and its patent trolls; why the Interval Licensing case is unlikely to be settled, just like i4i's

SOFTWARE patentor Amazon was not sued by Microsoft co-founder, who used his patent troll to sue just about every large Internet company [1, 2, 3]. How come? Well, Amazon and Microsoft are neighbours and Amazon has been getting occupied by former Microsoft employees at the highest levels (no wonder Amazon is now paying Microsoft for GNU/Linux, even for Red Hat servers). Writers are mystified by the fact that Interval did not take on Amazon. At Groklaw, for instance, Pamela Jones' initial reaction was: "He isn't suing Microsoft or Amazon. He is suing in addition Facebook, AOL, eBay, Netflix, Office Depot, OfficeMax, Staples, Yahoo and YouTube. Because a billion or more is never enough."



It is similar to what several other people have said, including this blogger:

Allen is one of the world's richest people, with a fortune that Forbes magazine estimates as over $13 billion.


"This is yet another example of the cynical use of the American legal system to extort money out of successful companies — in the name of protecting innovation and innovators. Shame on Paul Allen for being part of it," wrote a blogger at the Web site of Forbes Magazine about this almost classic act of patent trolling. It should not be surprising that Microsoft Florian decided to "redefine open standards, redefine troll, redefine democracy," according to the FFII, which responds to Florian's latest posts which defends the indefinsible. "Why Paul Allen doesn't want to be a troll" is the title of that post.

David Kappos recently said that the patent office he runs actually creates jobs. Jones, a paralegal by trade, begged to differ at the time and now she says: "Don't anyone ever again tell me that patents stimulate the economy and create jobs. They line the pockets of a few, while killing off creative endeavors by everyone else. What jobs are these patents creating? What jobs do any patent trolls' patents create? Jobs for lawyers, but really, who else?"

Here is another article Jones found about Amazon being excluded from the massive lawsuit (it covers Facebook, which is partly owned by Microsoft):

Patent lawsuit du jour: Paul Allen versus the world (but not Microsoft or Amazon)



[...]

Fortunately, those companies also can afford the legal bills. That may not be the case for many smaller Web sites. So at what point will the chief executives of America take a break from complaining about the "uncertainty" of Washington economic policy to notice the massive uncertainty created by an out-of-control patent system?


A settlement is said not to be likely.

Final point: The vast majority of patent cases settle. Here, however, all of the parties have large amounts of cash-on-hand. In addition, some of the defendants are repeat patent infringement defendants. Those factors tend to make settlement less likely.


i4i is not willing to settle, either. Its people want to bar Microsoft. But Microsoft won't leave them alone until they run out of money, apparently. Might it reach SCOTUS?

Microsoft has petitioned the U.S. Supreme Court to overturn a $290 million patent ruling in a long-running dispute with i4i Inc. of Toronto over the use of technology known as custom XML in Microsoft Word.


i4i is not a patent troll. Fortunately for us, despite its pro-software patents policy it is causing a lot of damage to Microsoft Office and to OOXML. Microsoft should be sued like this a lot more frequently; maybe then it will decide that software patents are no longer its friend.

Comments

Recent Techrights' Posts

IBM and Microsoft Hiding Layoffs in Similar, Overlapping Ways
Performance Improvement Plans aplenty
IBM is a Cancer That Attaches Itself to Everything
Red Hat should have remained an independent company
Plot Twist: Microsoft MSN Relays Articles Hinting at or Pointing to Mass Layoffs Soon, Other Gossip
the narrative from Microsoft's "PR bunny" (Shaw) is showing mold already
'Vibe Coding' is Not "AI", It's a Sewer, It is Junk
Linus Torvalds was wrong. 'Vibe coding' isn't good for anything.
GNU/Linux May be Approaching 10% "Market Share" in Montenegro
The surge started around 2021
More IBM Layoffs in India
If IBM cannot afford to retain workers in India, then something is truly "out of control" at IBM
Dr. Richard Stallman Has Done No Harm to the GNU Project or the FSF (He Had Benefited Both, Always, Even After the Attacks on Him Began)
Some people try to prevent Dr. Stallman from speaking or having a platform where many people can hear him
Microsoft Isn't Denying the Mass Layoffs
Still silence from Microsoft
In Western Africa GNU/Linux Flirts With 5% Market Share
there's a gradual increase in GNU/Linux usage there
Gemini Links 09/01/2026: Pro1 X Repair and the Mercury Protocol
Links for the day
No, Microsoft Did Not Deny the Q1 Mass Layoffs (Microsoft Can Delay These)
Maybe they disperse or delay the layoffs (changing plans), but the layoffs are going to happen
 
EPO People Power - Part XXX - New Year Starts, Cocainegate Still Discussed a Lot, António Campinos Desperate for Distraction From It
Why the sudden change or 'generosity'? [...] Actual cocaine addicts caused nervous breakdowns among sober people
2026 Might be the Year Microsoft Replaces Layoffs With Mass Firings (No Severance Payments to Dismissed Staff)
It's hard to "see" PIPs unless insiders blow the whistle
Links 10/01/2026: STV Layoffs (Scottish TV), “CBS Evening News” in Chaos (Culls and Censorship by the US Regime)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 09, 2026
IRC logs for Friday, January 09, 2026
Gemini Links 10/01/2026: Blackout, E-Waste, and Secondary Smartphone
Links for the day
Links 09/01/2026: Google and Character.AI Implicitly Accept Chatbots Kill Kids and GLP-1 ‘Slimming Pens’ Turn Out to be a Lot Worse Than Advertised
Links for the day
At IBM, "Employee Reviews" (or Appraisals in the UK) Are a "Trojan Horse" for RAs (Mass Layoffs), a Waste of Time
comments from IBMer serve to suggest that appraisals can be precursors
Links 09/01/2026: Technical Blogging Lessons Learned and Google's Gmail Getting a Lot Worse
Links for the day
Escaping GAFAM Colonialism Requires Homegrown Free Software
GNU/Linux now measured at 3% in Zambia
GNU/Linux at 4% in Saudi Arabia, Says statCounter
Some years ago Windows fell to a "market share" of just 11% there
Links 09/01/2026: Cambodia and China Extradition, "NATO’s High-risk Patrols Near Ukraine"
Links for the day
Only One Person in Charge of Fedora is Not IBM Staff
This is not a community project, it's just a way for IBM to onboard unpaid volunteers
This Is Not a Drill, GNU/Linux is Really Going 'Mainstream' on Laptops (and Desktops)
It is important to explain to people software freedom
IBM Albany Layoffs
not only did many in the site lose their job; there's more to come "and likely another one in February" (weeks from now)
EPO Workers' Industrial Action to Include Many Strikes, to Last Several Months
In some ways, The Hague and Bavaria are becoming almost indistinguishable from Moscow
EPO People Power - Part XXIX - Getting DER SPIEGEL, FAZ, Deutschlandfunk and Sueddeutsche Zeitung (SZ) to Cover EPO Scandals
We kindly ask our readers to contact their local media and urge it to cover the scandals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 08, 2026
IRC logs for Thursday, January 08, 2026
Gemini Links 08/01/2026: "New Year, Old Plans" and Alex's "Butlerian Jihad"
Links for the day
LLM Slop About "Linux" Scarce and of Very Low Quality
At this rate, we reckon there may be one (or zero) per day by year's end
IBM's "Forever Layoffs" (to Bypass Warnings or Notices as Required by WARN Act)
There is a bunch of speculations about when the next "major round" of RAs will be
Attempts to Undermine This Site's Latest Series Using Intimidation, Threats, and Presumptuous Accusations
threatening language is less effective when everyone is an alibi
Links 08/01/2026: "Golden Smartphone" Scam and Riseup Account Issues
Links for the day
Links 08/01/2026: Possible "Collapse of NATO Over Greenland"; Journalistic Malpractice and "US Voters Hate Slop"
Links for the day
EPO People Power - Part XXVIII - A Sensitive Issue for Germany and The Netherlands
If Germans who read this series can communicate this to public officials or to their media, maybe they can strike a nerve and get the ball rolling
Age Discrimination at IBM Discussed Amid Mass Layoffs (Especially in the United States)
Workers are anxious. Are they next to face the axe?
Gemini Links 08/01/2026: Potentiometer Calculator, Power Outages, Why You Should Abandon Discord for IRC (e.g. Ergo), and Formatting Gopher Posts
Links for the day
Links 08/01/2026: More Software Patents Squashed, White House Repeats Misinformation From the Kremlin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 07, 2026
IRC logs for Wednesday, January 07, 2026