Bonum Certa Men Certa

The Microsoft Patent Trolls: Android Extortion, Vringo Versus Google, and Intellectual Ventures

Summary: Roundup of news about patent aggression by Microsoft and some of its proxies

A NEW article by Steven J. Vaughan-Nichols talks about patents. "Patent trolls under attack, but not dead yet" is the article's headline. It does not necessarily speak about small trolls but also a corporation, Microsoft, which created several patent trolls, armed several patent trolls (to harass Microsoft's competition), and is engaging in racketeering against successful producing companies, just like all patent trolls do. One glaring error in the article from Vaughan-Nichols is this bunch of numbers which are not substantiated (no link, citation, or even a source). He says: "It's not just the trolls seeking to make a fast buck from honest companies that are abusing the broken American patent system. Microsoft has used its "Android" patents to profit from Android OEMs since 2010. Indeed, Microsoft's most profitable mobile operating system, to the tune of approximately $3.4 billion, was Android, not Windows Phone 8."



Where does this number come from? This may be completely bogus.

"Now," he adds, "thanks to China, we finally know what's in Microsoft's Android patent portfolio. And it appears that Samsung, at least, is saying, "Wait a minute!" about paying Microsoft for these patents.

"Slowly, way too slowly, the Supreme Court is starting to rein in patent abuse. In Nautilus v. Biosig, the Court ruled that for a patent to be valid, its creators had to describe its essential elements of their invention clearly enough that an expert in in the field could understand it with "reasonable certainty."

"Yes, that's right, before this decision, even if an expert couldn't figure out how the heck a patent was supposed to work, you could still patent an idea."

Vaughan-Nichols then mentions other landmark cases and the apparent gradual-but-undeniable demise of software patents.

But where does that leave us? Even if Microsoft did not engage in all this FUD and extortion, it would still be able to do it by proxy. Vaughan-Nichols mentions SCO at the start of the article; Microsoft still uses such a strategy. In order to eliminate the threat as a whole we need to eliminate the patents.

Well, in prior years we showed how Microsoft had armed Vringo with patents which it then used against Google. According to this news, after wasting much time and money, Google is found innocent of infringement: "Google Inc. (GOOG:US) won its bid to overturn a $30.5 million patent-infringement verdict, a reversal that sent shares of Vringo Inc. (VRNG:US) down 72 percent.

"The U.S. Court of Appeals for the Federal Circuit in Washington determined that the Vringo patents in the case were invalid, according to an opinion on the court’s website toda"

Here is how a patent trolls expert put it:

Vringo's win over Google was one of the biggest and most public jury wins for a "patent troll" in recent years. It won $30 million from a jury verdict in 2012, far less than the half-billion-dollar verdict it was seeking.

But last year, the judge overseeing the case revived Vringo's hopes, ordering Google to pay a running royalty amounting to 1.36 percent of US AdWords sales. Those additional payments could have been more than $200 million annually, pushing Vringo investors toward the billion-dollar payday they were pining for.


These articles should outline more clearly Microsoft's role in the lawsuit. This was, as alleged by numerous sources (not just us), somewhat of a proxy war by Microsoft. It's reminiscent of the SCO case, which Microsoft helped fund.

Then there are the trolls who funded and armed by Bill Gates. One of these, Monsanto, is mentioned in this article about counter-action:

Today, just three companies – Monsanto, DuPont and Syngenta – account for about half of all commercial seed sales. More and more, agricultural patents are used to increase the control these and similar companies wield over access to the seeds with which farmers feed the world and – especially in the Global South – themselves and their families.


Bill Gates has profited by monopolising seeds. He lobbied for the seeds monopolies while investing in them (for profit). His good friend Nathan, the world's biggest patent trolls (who was bankrolled by Gates), has also done this for profit along with Gates, especially when it comes to the energy sector. They are profiting by lobbying politicians to adopt energy methodologies from which they would profit. There is new right now about Intellectual Ventures (Gates-backed) hoarding patents on wind power:

Analysis: Patent trolls target wind power



One of the biggest "patent trolls" is moving into American wind technology for the first time. Intellectual Ventures (IV) of Bellevue, Washington has quietly applied for at least five high-quality and widely applicable patents for reducing noise and birds strikes at utility-scale wind projects.


A response has been posted about this in TechDirt:

Wind Power Monthly (I had no idea such a thing existed) has an article about how Intellectual Ventures is apparently targeting its patent trollery towards wind power, having filed a bunch of patents on very broad and basic concepts related to wind power. Of course, IV is trying to hide its involvement here by using one of its many shell companies. For reasons that are beyond me, Wind Power Monthly declines to name the shell companies. It's not clear why it does this -- even withholding the name after it got IV to confirm that it's an IV shell. There seems to be no journalistic reason for withholding the name, but Wind Power Monthly still does it.


The Microsoft-funded CCIA is meanwhile focusing a lot of its efforts going after trolls, urging the government to launch subpoenas. The CCIA's Levy writes: "We’re also looking forward to seeing what the FTC learns about patent privateering. The study could be our first real chance to expose the tactics of companies who have been quietly using patent trolls to do their dirty work.

"There’s no time to waste. Patent trolls won’t stop on their own, and we need all the ammunition we can get.

"Launch subpoenas!"

Several years ago there was pressure on the FTC. It seemed too reluctant to do anything about patent trolls such as Intellectual Ventures, which had heavily lobbied the government along with Bill Gates. Hopefully things are about to change.

The bottom line is, the resolution lies within patent scope. But it's also important to comprehend how Microsoft attacks Linux by proxy, not just in secrecy by means of extortion.

Comments

Recent Techrights' Posts

15 Countries Where Yandex is Already Seen to be Bigger Than Microsoft (in Search)
Georgia, Syrian Arab Republic, Cyprus, Moldova, Ukraine, Armenia, Azerbaijan, Kyrgyz Republic, Uzbekistan, Kazakhstan, Turkmenistan, Tajikistan, Belarus, Turkey, and Russia
FSF Has Made It Halfway to Its Target (Funding Goal) a Week Before Christmas Day
$400,000 definitely seems reachable now, especially if they extend the "deadline"
 
Links 19/12/2024: Nurses Besieged by "Apps", More Harms of Social Control Media Illuminated
Links for the day
Links 19/12/2024: Magnitude 7.3 Earthquake and Privacy Camp
Links for the day
Gemini Links 19/12/2024: Port Of Miami Explosion, TurboQOA, Gnus
Links for the day
Fake Articles About 'Linux'
Dated yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 18, 2024
IRC logs for Wednesday, December 18, 2024
[Meme] The Master Churnalist
Speaking of press releases being passed off as "journalism"
Spamnil's TFiR: Still Pretending Press Releases Are 'Articles' (TFiR 'Originals' as Plagiarism or Fluff)
Same as last year
Links 18/12/2024: Zakir Hussain Dies, TuneIn Layoffs
Links for the day
Links 18/12/2024: Karate Love and Advent of Code
Links for the day
Windows (or Microsoft) Has Become the "One Percent" (Market Share) in Chad
How long before it falls below 1%?
Arvind Krishna, IBM's CEO, Will Eventually Suck Up to Donald Trump Like His Predecessor Did or the Watson Family Did With Adolf Hitler
Literally Hitler
Being a Geek Need Not Mean Being Sedentary
"In the past 18 months," Berkholz writes, "I’ve lost 75 pounds and gone from completely sedentary to fit, while minimizing the effort to do so (but needing a whole lot of persistence and grit)."
GAFAM Kissing the Ring of the Mafia Don
"resistance" to dictatorship and defenders of democracy?
Slop Spaghetti From the Chef, Second Time Today
Fresh slop ready out the oven!
IBM - Like Microsoft - Lies About the Number of People It's Laying Off (Several Tens of Thousands, Not Counting R.T.O. "Silent" Layoffs and Contractors/Perma-Temps)
How many waves of silent layoffs have we seen so far at IBM this year?
Links 18/12/2024: EU Launches Probe Into TikTok (At Last!)
Links for the day
Links 18/12/2024: Doha/Qatar Trafficking, Bloat Comfort Zone, and Advent of Code 2024
Links for the day
Saving What's Left of Decent and Independent Journalism on the Web
We increasingly (over time) try to make local copies (hosted on our server) of important documents; it's hard to rely on third parties
[Meme] Microsoft's Latest Marketing Pitch
"Stop Being Poor; buy a new PC with TPMs"
In South Africa, a Very Large Nation, Web Developers Can Already Ignore Microsoft Browsers (Edge Measured Below 3% in 55 Nations)
The dumb assumption you must naively test with Microsoft browsers is no longer applicable in a lot of places
Open Source Initiative (OSI) is the Voice of Bill Gates and Satya Nadella
Not hard to see what they've done with the money
Microsoft Boasts That Its (Microsoft-Sponsored) "Open Source AI" Propaganda Got Cited in Media (That's Just What the Money Did)
This is a grotesque openwashing campaign
In Many Places Around the World, Perhaps as Expected, Yandex is Nearly Bigger Than Microsoft (Like in Several African Countries)
Microsoft may soon fall to "third place" in search
Keeping Productive This Christmas
We've (pre)paid for hosting till almost January 2026 and fully back on the saddle
IBM and Canonical Leave Money on the Table Because Microsoft Pays Them Not to Compete and Instead Market Windows, WSL, Microsoft 'Clown Computing', and TPMs
Where are the regulators?
Other Editors Who Agree "Hey Hi" (AI) is Just Hype But Won't Say So Publicly as It Might Upset Key Sponsors
Some media would gladly participate in a scam to make money
Brian Fagioli's Latest "Linux" Article Appears to be Fake
Another form of plagiarism/ripoff using bots?
IBM (and Red Hat) is a Patent Troll, Still Leveraging Software Patents to Extract Money Out of Other Companies by Suing Them
Basically, when it comes to patents, IBM is demonstrably part of the problem, not the solution
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 17, 2024
IRC logs for Tuesday, December 17, 2024
[Meme] When the People Who Falsely Accuse You of Pedophilia Turn Out to be Projecting
When you attack something or someone using falsehoods, as happens a lot to Richard Stallman (RMS), there's risk that the attacks will backfire, badly
In Some Countries, Such as Greece, Almost 80% of Windows Users Are on Vista 10 and About 85% Need to Move to GNU/Linux for Security Patches
Vista 11 was a failure
[Meme] They Don't Want the Public to Know What "Responsible Encryption" Really Means
They also blame "China" for their own back doors (because China learned how to exploit those)
The Linux Foundation's Certificate Authority (CA) Significantly and Suspiciously Raises the Number of Certificates It Issues (Quantity Increase/Inflation) by Lessening Their Lifetime in the Name of 'Security' (That Barely Makes Sense!)
LE made 3 months the "standard" for most, soon to become just 6 days instead of 6 months?
Why I Continue to Believe That at the End Software Freedom Will Win
a short and incomplete list of factors which I believe contribute to the sentiment that we can - and will - win the battles over hearts and minds in the "Tech" realm
Links 17/12/2024: More China Sanctions, GOP Scheming to Prop Up Fentanylware (TikTok)
Links for the day
Gemini Links 17/12/2024: The Streisand Effect and Productivity-systems Desiderata
Links for the day
Technology: rights or responsibilities? - Part X
By Dr. Andy Farnell
Links 17/12/2024: More "Tesla Autopilot" and "Hey Hi" (AI) Blunders
Links for the day
Instead of Promoting GNU/Linux (or Ubuntu) Ahead of Vista 10's EoL Canonical is Marketing Microsoft's Proprietary Software
It's like Canonical employs people who work for Microsoft, not for Canonical
Links 17/12/2024: Many Abuses by Microsoft and War Updates From Ukraine
Links for the day
Content Management Systems (CMS) Bloat/ Static Site Generators (SSG) Trouble
some Web site management stories
DEI Room at fedoraproject.org Pretty Much Dead
We're not against diversity but against its weaponisation by greedy people who do not value diversity at all
The "Latest Technology News" at BetaNews is Slop About Slop
This is at the very top of the "news" (front page) at the moment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 16, 2024
IRC logs for Monday, December 16, 2024