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

01.28.11

Microsoft Patent Trolls Intellectual Ventures and Interval Extortion Sue by Proxy, Directly

Posted in GNU/Linux, Google, Microsoft, Patents at 11:36 am by Dr. Roy Schestowitz

Nathan Myhrvold

Summary: The patent system is being prominently broken by patent trolls, the biggest of which (biggest troll, biggest lawsuit) seem to be seeded in Microsoft

THE ENTITY known as Intellectual Ventures, a patent troll of massive proportions (kick-started by Microsoft and run by a former Microsoft CTO), is already suing companies directly. It is reportedly attacking even Linux/Android (by coercion on the face of it, through extortion just like Microsoft’s). Mike Masnick helps show that Intellectual Ventures is still fuelling court battles using patents, too:

Last year, we noted that more and more patents previously held by Intellectual Ventures were showing up in lawsuits — with rumors swirling that IV still got a cut of money collected on at least some of those patents. Then, in December, IV finally filed its first patent infringement lawsuits directly. However, more of its “former” patents are popping up in lawsuits as well. Joe Mullin has the details of yet another secretive shell patent holding company, called Pragmatus, that has some former IV patents and sued Facebook, YouTube and Linkedin last year, and now is suing basically all of the cable industry, claiming that its patents (5,581,479 and 5,636,139) cover the rather broad concept of video-on-demand.

[...]

Once again, the deeper you dig into these stories, you realize that it’s really just a bunch of lawyers passing around patents to figure out who can sue companies who actually do stuff. This is why it’s frustrating when the press falls for IV’s ridiculous spin about how it’s really inventing things. As far as we can tell, nothing “invented” at IV has hit the market in any meaningful way in its many years of existence.

Well, “patent laundering” is what Glyn Moody called it. In some ways, Microsoft can also do the laundering using Nathan Myhrvold. We already know that Microsoft tried to feed some patent trolls with anti-Linux patents because Microsoft got caught [1, 2, 3, 4, 5, 6].

“In some ways, Microsoft can also do the laundering using Nathan Myhrvold.”But wait, that’s not all. Microsoft’s co-founder (another one of Microsoft’s patent trolls) who is now suing Android, is rapidly becoming a loathed individual (unless one judges this by the Seattle press, which also showers the Gates Foundation with kisses). The owner or originator of the patent that Traul Allen [sic] of Microsoft and Interval Extortion [sic] (extorting in intervals) is using makes a revealing statement.

“Statement from inventor of Interval Licensing patent on a suit that “will likely exceed annual budget of [NEA]“,” summarises this the EFF, which has a patents-busting project. To quote this message from yesterday:

I am listed as lead inventor on patent number 6,757,682, “Alerting Users to Items of Current Interest”, one of the four asserted patents in the Interval Licensing lawsuit. The origin of the patent was an Interval Research project exploring how to find live events as they happen. The project was focused and specific, and led to, among other things, an Interval spinoff venture called Kundi.com, which built a working, publicly-accessible system in 2001. I am grateful for our team and proud of our accomplishments.

[...]

But the stage is now set for enormous resources, from all sides, to support litigation over innovation. The creative community needs all the support it can muster, and it’s a perplexing thought that the money at risk in this lawsuit will likely exceed the annual budget of the National Endowment for the Arts, possibly several times over. It could be hugely significant if all parties commit to something good for the creative community as an outcome.

Wow.

“And You Will Know Us By The Trail of Patent Trolls” appropriately states thinkprogress.org, a very popular Web site which is clearly concerned about what the USPTO has done to the United States:

To offer an analogy that I actually think isn’t stretched at all, but 21st century standards Isaac Newton should have patented calculus (“A Method For Using Fluxions To Determine Instantaneous Rate of Change”) and then waited patiently until Leibniz published his superior method and then sued the pants off anyone who tried to take a derivative without coughing up a hefty license fee. But would that world have been a better place? The issue isn’t really so much the rents that Newton would have thereby extracted (I’m not going to begrudge one of human history’s greatest geniuses a fortune) but the barriers to entry that would have been created as a secondary consequence. A world in which smart people have access to the stock of existing human knowledge and are free to apply it in new ways is a world of competition and innovation. A world where you need to consult with an army of lawyers first isn’t. If you ask the people who care most about promoting entrepreneurship in America about this they kind of shrug, concede that the patent system is hopelessly broken, and then confess to despair that it can or will be fixed.

In a broader sense, a lot of our politics is about symbolism. And symbolically intellectual property represents itself in the contemporary United States as a kind of property—it’s right there in the name. But it’s better thought of as a kind of regulation. Patents and copyrights are modeled, economically, the same as you would model any state-created monopoly.

There is a long discussion about this (interesting comments) and it symbolises a demise of American production by so-called ‘knowledge workers’. Microsoft is central in the breeding of massive patent trolls (who produce nothing) and Bill Gates too has a dormant patent troll (NPE). Oh, and speaking of trolls, let’s not forget this latest update about Android basher Microsoft Florian. He gets deeper in the mud the more he speaks and he seems to be aware of it.

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. The EFF Back to Tackling Software Patents, Not Just Patent Trolls

    Electronic Frontier Foundation lawyers start targeting large companies that exploit patents for intimidation and extortion, not just patent trolling



  2. Microsoft Wants to Devour the Competition (Linux), Devour People's Data

    Refuting the "new Microsoft" propaganda and some ludicrous concept that Microsoft is now "playing nice"



  3. Benoît Battistelli Thinks 'President' is Above the Law, Decides to Ignore the Court's Ruling

    Staff of the EPO is given yet more reasons to protest tomorrow at the British Consulate, for the so-called 'President' of the EPO reminds everyone of the very raison d'être for the protest -- a vain disregard for the rule of law



  4. Links 24/2/2015: Xfce 4.12 a Week Away, GNOME 3.16 Previewed

    Links for the day



  5. Links 23/2/2015: Ubuntu Kylin 14.04.2 LTS, Cinnamon 2.6 Previews

    Links for the day



  6. IRC Proceedings: February 8th - February 21st, 2015





  7. The EPO's Sham 'Internal Investigation' of EPO Vice-President Željko Topić's Affairs

    The EPO never investigated the Željko Topić affair, it only pretends to have investigated (one small aspect, i.e. cherry-picking) using a Benoît Battistelli-controlled group



  8. Links 21/2/2015: GNOME 3.15.90, Google Wins Android Lawsuit

    Links for the day



  9. Microsoft AstroTurfing War on GNU/Linux is Still Going On, But Hidden Better, Uses API as Instrument of Lock-in

    The corruptible press continues to describe blatant attacks (Embrace, Extend, Extinguish) against GNU/Linux and Free software as Microsoft 'embracing' Open Source



  10. Lenovo's Superfish Scandal is Spyware on Top of Spyware (Microsoft Windows), the Problem is Inherently Proprietary Software

    Shifting focus to the root problem, which is neither Lenovo nor its laptops but the non-free programs installed on hardware



  11. Benoît Battistelli Once Again Threatens EPO Staff That 'Dares' to Protest, Battistelli Exploits Terror Attacks to Pretend to Respect Free Speech

    The European Patent Office (EPO) President, Benoît Battistelli, reportedly started threatening -- as before -- staff that decides to exercise the right to assemble and protest against abuses, including the abuses of President Battistelli himself



  12. Links 20/2/2015: Android Studio v1.1, GDB 7.9

    Links for the day



  13. Links 20/2/2015: Bloomberg Joins Linux Foundation, ClearOS Community 6.6.0

    Links for the day



  14. The Chartered Institute of Patent Attorneys Slams the European Patent Office for Structural Failings

    An important letter which we overlooked while writing yesterday's 4 articles about the European Patent Office (EPO); yet another key stakeholder complains



  15. Links 19/2/2015: Hewlett-Packard on Cumulus Linux, Previews of GNOME 3.16 Beta

    Links for the day



  16. Techrights Under Attack Again, Shortly After Important EPO Articles

    Techrights highlights a pattern that is months old; Site faces availability issues shortly after reports about the European Patent Office and its abuses



  17. EPO Staff Protests Against Benoît Battistelli’s Lowering of Patents Quality (Scope Expansion and Software Patents for Profit)

    A protest in Munich in less than 6 days will target Mr. Sean Dennehey, who has helped Battistelli cover up his abuses and crush legitimate critics, whom he deemed illegal opposition as if the EPO is an authoritarian regime as opposed to a public service which taxpayers are reluctantly (but forcibly) funding



  18. Breaking: European Patent Office Sued by Its Own Staff in The Hague, Must Unblock Staff's Voices

    The crooked management of the European Patent Office (EPO) gets in legal trouble after repeated attempts to cover up abuses and suppress criticism



  19. Željko Topić's History in SIPO Leaves a Legacy of Alleged DZIV Vehicles (Bribes), Authorship Abuses, and Intimidation Against Reporters

    Another deep look at Željko Topić's background in Croatia, preceding his very notorious appointment to the EPO where he now serves as Benoît Battistelli's most controversial attack dog



  20. The Old Obsession With Patent Trolls Continues to Distract From Debate About Software Patenting

    A roundup of recent coverage about monopolies on algorithms in the United States



  21. Links 19/2/2015: 64-bit ARM Linux, Chinese New Year

    Links for the day



  22. Links 18/2/2015: Linux Report, FlightGear 3.4

    Links for the day



  23. EPO Scandals: The Story So Far

    An overview of articles about mischief, misconduct and breach of laws at the EPO



  24. Links 17/2/2015: TripleO, Pivotal

    Links for the day



  25. Links 17/2/2015: SystemD 219, Frugalware 2.0 (Rigel) Released

    Links for the day



  26. Željko Peratović Slammed for Whitewashing Željko Topić After Publishing Important Piece on Behalf of Key Sources

    Response from Ivan Kabalin to Zeljko Peratovic's so-called "apology" which is both mysterious and seemingly inadequate as it does nothing to actually explain what was wrong (if anything)



  27. Benoît Battistelli Has Made Oversight of European Patent Office Absolutely Impossible





  28. Microsoft Already Killed Nokia, Don't Let It Kill Android Players Too

    Microsoft's strategy against Android mirrors the company's evil strategy that derailed MeeGo and Nokia



  29. Intel Continues to Attack Software Freedom Through UEFI

    The Trojan horse that Microsoft uses to cement its monopoly on desktops and laptops (making it hard or impossible to install and run GNU/Linux) is also being misused to block Coreboot



  30. Links 16/2/2015: Netrunner 15, Bridge Linux

    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