Bonum Certa Men Certa

Rage Against the Masochist

Nathan Myhrvold



Summary: Public opinion is quickly shifting against patents after a National Public Radio (NPR) piece and also some highly excessive activities from a shell troll of Nathan Myhrvold (shown above)

WE have just written a summary following the NPR coverage that led to some very strongly-worded comments about Microsoft's patent troll who is the world's biggest patent troll. A lot of people were not quite aware of the seriousness of this issue.



Professor Webbink has this theory about what Lodsys is doing with Myhrvold's acquired patent (that he passes around for other non-practising entities to sue and absorb the bad press):

To really understand why Lodsys is doing what it's doing, we thought it would be worthwhile to ask a patent lawyer to explain it, so we contacted Patrick Igoe, the lawyer who writes the Apple Patent blog and who has pointed out some real weaknesses in the Lodsys patents.

Why, we wondered, was Lodsys first going after the little people, so to speak, first and now hitting up Rovio and Electronic Arts? Is it like SCO, lots of headline seeking, hoping people will be so scared they'll just pay them to stop? Is it all just so much "legal" theater, in other words, with analysts popping up and advising the little people to settle with Lodsys? I gather that didn't work. If Lodsys was following a traditional playbook and hoped to use any licensees as a foundation to next go after the big fish, are they now acknowledging that failure and heading for the deeper pockets, in hopes that will work better?

And why only claim 27 of the '545 patent, which is what Lodsys is alleging is infringed? What is claim 27, anyhow? How could a game violate it?


The head of the FFII meanwhile discovers that 'Amazon [is] sued for patent infringement over transactions using "a receipt having payment remittance information."' He also links to this item of news about Lodsys attacking Angry Birds -- a subject that even the BBC covers right now:

But here is what I would want to have asked him. Is a system that appears to reward those who acquire patents and hire lawyers and punish those who simply try to make things really going to encourage innovation?

My contact is certainly not doing much innovating right now - he's too busy worrying about the threat of an expensive lawsuit.


That comes from Rory, who in the past did a lot of Microsoft promotion. Maybe he softened with age. Either way, the news might not be so bad for Brits. After all, it is US-based users who are likely to be prevented access to software and Britain might also see developers leaving the US and come to a haven from patent trolls, a haven such as the UK (provided they don't sell in the US).

As a direct result of NPR coverage, "Intellectual Ventures: Another American Mafia story" was published by Stefano Maffulli. "Intellectual Ventures is the company behind Lodsys," he explains, "the company suing independent iPhone app developers for a silly patent violation. Lodsys has no employees, it's not making any product, it's not producing any innovation. It sues people that create jobs and deliver products.

"Did you think that patents were introduced to foster innovation? To give an incentive for inventors to bring new products to the society and solve problems? Think again. Companies like Intellectual Ventures are just a problem for startups and innovators. Venture investor Chris Sacca even said to NPR reporters that these trolls remind him of "a mafia-style shakedown, where someone comes in the front door of your building and says, 'It would be a shame if this place burnt down. I know the neighborhood really well and I can make sure that doesn't happen.'". The FSFE raised this issue in Europe many years ago. The US patent system needs to be reformed, now."

Well, in several recent stories about patent FUD we highlighted the fact that almost nobody in today's society should want patents. It's the luxury of very few and it is beneficial to even fewer, maybe less than 1% of the population. In a new post titled "Android & Linux FUD", someone asks about Oracle's attack:

Do you think that patent issues and all this money changing hands has nothing to do with Linux? Just follow the money. While most of the legal attention focuses on Dalvik, the Android implementation of the Java virtual machine, the public perception of Linux is also tarnished to anyone who understands that Android is a Linux distribution. I can only imagine what cyanogenmod.com people think about what is going on.


Well, Oracle's attack is already weakening and the Oracle case might yield nothing at all or only a fraction of what Oracle expected. To quote this new summary:

What If Oracle Loses The Android-Java Court Battle?



[...]

Contrary to the blog-based reports, Oracle has been at the losing end from the very beginning. The major setback was when the court ordered it to cut the number of claims from 132 to 50. Another major setback for Oracle was when USPTO rejected a majority of Oracle's patent claims.

Oracle again faced a defeat when the judge earlier questioned the damage estimates of Ian Cockburn and asked both parties to name more experts to assess damages. An now the court has rejected Oracle's 6.1 billion damage estimation. The court has asked Oracle to come up with a figure starting from $100 million.


Maybe the case will end in dismissal or some settlement at a low (and likely undisclosed) price. Who knows, maybe it will even go on for years like the SCO case, depending on Oracle's stubbornness (or SCOracle's vindictiveness). Either way, I'm away until August, so no more paten rants for a while.

Comments

Recent Techrights' Posts

How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
 
Linux Today Dumped All Social Control Media Last December
Linux Today seems to have concluded that all Social Control Media is just a waste of time
Don't Say X.com is OK Because People Can Access It by Alternative Means
Can Mozilla please clarify who inside Mozilla greenlit a return to X.com?
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026