Bonum Certa Men Certa

Patent Trolls and the Rise of Non-Practicing Parasites Not Just in the US But Also in Europe

It's already happening right here in the UK...

Carnegie Mellon University



Summary: The role played by patents, increasingly bolstered by self-serving patent maximalists, outweighs actual creativity, innovation and production which patents were, in principle, supposed to encourage and advance

PATENT trolls are a huge problem, but the corporate media, owned and/or influenced by large corporations, does not pay attention to the fact that patent trolls almost always use software patents. Therein lies the bigger problem. It's the core problem. Software patents should never have existed in the first place, as evidence always served to show that they would be counter-productive.



Here we see a new article from the British mass media, which was summarised this week (just a couple of days ago) as follows: "Apple has been told to pay a hefty fine to a small company for patent infringement. So why aren't we celebrating the victory of a 'David'? Because the little guy is a 'patent troll', stifling innovation by abusing the system, says Rhodri Marsden" (he says nothing about the nature of the patent/s or Apple's own patent aggression, including its 6-year patent war against Linux/Android).

As we put it earlier this month, "VirnetX Case Against Apple Shows Not the Problem With Patent Trolls But With Software Patents."

In other news, as noted here yesterday, "IV [Intellectual Ventures] Invention Fund Teams with Fraunhofer in Europe" (Fraunhofer is a notorious actor when it comes to software patents in Europe).

The EPO-funded bloggers wrote a puff piece for Intellectual Ventures, the world's largest patent troll. This trolls-funded mouthpiece (also EPO-funded) went with the headline "The Intellectual Ventures invention fund teams up with Fraunhofer in major move into Europe". UPC would help more such trolls penetrate Europe, giving jobs to patent lawyers who profit from an increase in litigation, or "patent warming" as the FFII's President calls it.

Who would more likely settle with patent trolls? Take a guess. It's European SMEs, which make up a lot of the industry here (we don't have Googles and IBMs here, except for branches of these US firms). It makes SMEs a very attractive bunch of targets for trolls, especially in Europe. To quote United For Patent Reform (from the other day): "Did you know patent trolls are disproportionately hurting smaller, more vulnerable firms?" There is a valuable reference there with additional information and it links to this paper (published less than a year ago by James Bessen et al). Wall Street, i.e. the big businesses well past their IPOs (and with massive legal departments of their own) promotes or at least defends patent trolls in its press. Is anybody surprised by this?

"Software patents should never have existed in the first place, as evidence always served to show that they would be counter-productive."The Computer and Communications Industry Association, which is funded by big businesses, now focuses on universities -- not aggressors like Microsoft or Apple -- as the problem.

"'Innovation'", wrote in response this one person, "is a piece of paper you can sue others with?"

"Warped mentality," added this anonymous person.

The context for this misdirection must be reports about CMU, which not only attacked anonymity (undermining Tor for the US government) but also attacks practicing companies using patents. As WIPR put it: "Carnegie sued Marvell at the US District Court for the Western District of Pennsylvania in 2009, claiming the company had sold billions of chips using the technology."

This is likely to become a sort of 'tax' on products that almost everyone buys. See parts of a longer discussion with Patent Buddy about the funding of US universities and how it now relates to such legal battles over patents. "Carnegie Mellon," as it was put at one stage, "has transformed US universities in[to] patent trolls" (link to CMU).

"These days in the US," Patent Buddy told me, "patent attorneys make about as much as engineers."

What about the externalities? They're everyone except patent lawyers.

"It makes SMEs a very attractive bunch of targets for trolls, especially in Europe."The response to him was that "in a better world they should do another more useful job." And on it goes (details in Twitter)...

Looking at some press coverage we find that, based on the formal statement, "Marvell Technology Group Ltd. (NASDAQ: MRVL), a global leader in integrated silicon solutions, and Carnegie Mellon University, a private research university, today announced that, pursuant to a court-ordered mediation, the Company and University have settled their patent infringement lawsuit. The parties have resolved the case on mutually acceptable terms, including an aggregate payment by Marvell to CMU of $750 million, with no ongoing royalty payments."

Here is what patent maximalists wrote: "Court-ordered mediation ends in $750m agreement to settle the seven-year-long patent infringement lawsuit between Marvell Technology Group and Carnegie Mellon University" (see CMU background).

"CMU does not actually produce anything."This is not a software patent, but the issue here is different. CMU does not actually produce anything. The source of CMU's funding, as noted above, is also relevant to this. From an economic perspective, the public only loses.

Incidentally, as pointed out by the FFII's President the other day, "Olimex [is] forced to file software patents are required in order to get EU funding," which is an "insane waste of public money" (it can also be used to tax the public later).

Here is the relevant bit of a blog post published two days ago:

This gives amazing opportunities to Bulgarian companies to become globally competitive.

Unfortunately the most interesting area the innovation is burden with most paperwork and some things which are totally unacceptable with our Open Source way of thinking. For instance one of the requirement is to fill file patents for the innovation, which to protect the EU investment in your company. Looks logically, but this effectively cut off all companies which work with Open Source Technologies.


What is the EU coming to? Is it trying to impede a FOSS spirit and a sharing culture by urging people to get software patented, despite the rules (as per the EPC) not allowing it? Something sure is rotten at the EPO, which urgently needs to be fixed.

Recent Techrights' Posts

Debian Can Dump Blind Users Because I am Not Blind
the sort of mentality we're up against
The European Patent Office Cannot Attract Proficient Patent Examiners Who Master Their Domain
They are enablers and facilitators of corruption
 
linuxconfig.org Joins linuxtechlab.com and Others, Becomes a Slopfarm With Fake Linux 'Articles' (LLM Slop)
They contain "linux" in their domain names, but they are just slopfarms
Links 19/07/2025: Microsoft Cuts in China and Wall Street Journal Sued for Reporting on Jeffrey Epstein
Links for the day
Fascistic Policies Got 'Normalised' in 'Public Office'. Let's Not Let the Same Happen in 'Tech'.
Political discourse typically guides what's "normal" and what "good citizens" should believe/feel
Yes, Your Mastodon Instance Will Also Shut Down
Few people run a one-person instance in the Fediverse
The Demise of GAFAM Necessitates Greater and Broader Awareness
Morale at Microsoft is really bad
Free Software Foundation Reaches 75% of Funding Goal
Not bad for this "Fosschild"
Slopwatch: 7 New Examples of Fake 'Linux' Slop Pieces (Plagiarism With Misinformation)
Serial Sloppers need to be shunned
Links 19/07/2025: Kapo-berg Settles, Software Patents Challenged
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 18, 2025
IRC logs for Friday, July 18, 2025
Links 18/07/2025: Peace With PKK and Connie Francis Dies
Links for the day
Gemini Links 18/07/2025: Alhena 5.1.8 and Bornhack 2025
Links for the day
How to Top Up a "Limited Liability" With Even More Limitations (Dodging Accountability in the UK)
Some people call it a "shell game". Sometimes it's done for tax evasion purposes.
Free Software Foundation, Inc. (FSF) Inches Towards 75% of Fund-Raising Target
Will the cutoff date be extended again?
Gemini Space (or Geminispace) Grows, But Usage of Certificate Authority Let's Encrypt Drops Further
Ideally, all Gemini capsules should use self-signed certificates
Links 18/07/2025: More Microsoft Layoffs in Activision, The New Stack (Sponsored by Microsoft) Complains About Openwashing
Links for the day
Gemini Links 18/07/2025: OCC25 Gnus for Reading Usenet and RSS Feeds, Small Web Updates
Links for the day
[Meme] 9AM Meeting at Brett Wilson LLP
Brett Wilson LLP in space
Listing as Staff People Who Left the Company More Than Six Years Earlier
There are apparently no laws against that
Brian Fagioli Shovels Up LLM Slop (Plagiarism) Onto Slashdot, Then Uses Slashdot for Affirmation or as Badge of Honour
Notice how some of his latest slop is presented ("as featured on Slashdot")
Social Control Media Productivity
Snapping photos of the bone
The Law Firm SLAPPing Us For the Microsofters Lost 72% of Its Tangible Assets in the Past Year, According to Its Own Reports
That might help explain why they're willing to tolerate serial stranglers from Microsoft as clients
Slopwatch: LinuxSecurity.com Slopfarm and Slopfarms Propped Up by Google News
"As LLM slop is foisted onto the WWW in place of knowledge and real content, it now gets ingested and processed by other LLMs, creating a sort of ouroboros of crap."
Links 18/07/2025: Weather Events and Health Hazards
Links for the day
Microsoft's All-Time Low in Finland
Microsoft is in a freefall
Security: Shane Wegner & Debian statement of incompetence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 17, 2025
IRC logs for Thursday, July 17, 2025
Gemini Links 17/07/2025: "Goodreads for Gemini" and Defence of "The Small Web"
Links for the day
Links 17/07/2025: Anger and Morale Issues at Microsoft, Wars and Conflicts Get Digital
Links for the day
CALEA / CALEA2 is the Real Problem, Not Chinese Operatives Exploiting CALEA / CALEA2 (as Any Other Nation Can)
CALEA / CALEA2 is more of a front door than a back door
99.99% Uptime in First Half of 2025
Since January there was only one noticeable outage
Nils Torvalds and Anna "Mikke" Torvalds (née Törnqvis) Hopefully Use GNU/Linux by Now
"Torvalds Family Uses Windows, Not Linus’ Linux"
Attack of the Slopfarms
FUD-amplifying bots with slop images, slop text (LLM slop)
When People Call a Best/Close Friend of Bill Gates a "Serial Rapist"
Good thing that the Linux Foundation keeps the "Linux" trademark ("Linux Mark") clean
Not My Problem, I Don't Care
Context/inspiration: Martin Niemöller
Honest Journalism About the European Patent Office Ceased to Exist After SLAPPs and Bribes to the Media
The EPO is basically a Mafia
Microsoft Bankruptcy in Russia, Shutdown in Pakistan, What Next?
It seems possible that in 2025 alone Microsoft will have laid off over 50,000 workers
Life Became Simpler When I Stopped Driving and I Don't Miss Driving When I See "Modern" Cars
Gee, wonder why car sales have plummeted...
Why I Believe Brett Wilson LLP and Its Microsoft Clients Are All Toast
So far our legal strategy has worked perfectly
EPO Jobs Are Very Toxic and Bad for One's Health
Health first, not monopolies
Response to Ryo Suwito Regarding the Four Freedoms
the point of life isn't to make more money
Microsoft's Morale Circling Down the Drain
Or gutter, toilet etc.
What Matters More Than "Market Share"
The goal is freedom, not "market share"
Tech Used to be Fun. To Many of Us It's Still Fun.
You can just watch it from afar and make fun of it all
Links 17/07/2025: "Blog Identity Crisis" and Openwashing by Nvidia
Links for the day
Greffiers and the US Attorney of the Serial Strangler From Microsoft
The lawsuit can help expose extensive corruption in the American court system as well
Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
The People Who Promoted systemd in Debian Also Promote Wayland
This is not politics
UK Media Under Threat: Cannot Report on Data Breach, Cannot Report on Microsoft Staff Strangling Women
The story of super injunction (in the British media this week, years late)
Victims of the Serial Strangler From Microsoft, Alex Balabhadra Graveley, Wanted to Sue Him But Lacked the Funds (He Attacked Their Finances)
Having spoken to victims of the Serial Strangler From Microsoft
Links 17/07/2025: Science, Hardware, and Censorship
Links for the day
Gemini Links 17/07/2025: Staying in the "Small Web" and Back on ICQ
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 16, 2025
IRC logs for Wednesday, July 16, 2025