Bonum Certa Men Certa

IBM is a Massive Patent Bully That Amasses Software Patents, So Invalidation or 'Sharing' of One Single Patent Misses the Point Entirely

Today's IBM is not Samuel Palmisano's IBM but a shameless patent aggressor and legal bully

Samuel J. Palmisano
Photo credit: Gage Skidmore



Summary: IBM's patent gold rush and worldwide lobbying for software patents yield lawsuits but also draw complaints -- to the point where IBM resorts to face-saving moves and the Patent Office looks foolish for accepting bogus patent applications

FOR A rather large number of years (nearly a decade) we were mostly supportive and friendly towards IBM. Readers and especially longtime readers can agree. We were never inherently biased against IBM, maybe only the contrary (primarily because IBM supported ODF, GNU/Linux and so on). A lot of this changed, however, when IBM became an active patent bully again (2016), not to mention a vocal lobbyist for software patents (it had done this more covertly in the past). In a sense, IBM has become even an anti-FOSS bully. We cannot tolerate this because it directly and unequivocally betrays our values and principles. What on Earth happened to the 'old' IBM that Samuel Palmisano ran for quite some time with great success? IBM can barely sell its crown jewels anymore (stuff like mainframes), it lays off a lot of staff, and so it tries converting software patents -- its last potent 'asset' (many of which due to expire soon) -- into some kind of Mafia culture led by Ginni Rometty. For shame! What did IBM foresee -- if it brothered with any projections/forecasts at all -- as the impact to its brand and reputation which it so uniquely relies on? People don't spent half a million dollars on a single machine unless they have great confidence in the brand (like the old saying, "Nobody ever got fired for choosing IBM").



"What on Earth happened to the 'old' IBM that Samuel Palmisano ran for quite some time with great success?"A couple of days ago, prolific sites noticed yet another one of these notorious IBM patents. Slashdot in this case has many comments about it and this is far from the first time that Slashdot nitpicks or criticises IBM patents, resulting in public concessions and/or apologies from IBM. But the whole debate started like this not at the beginning of this month but at the end of February, courtesy of the EFF. It called it "Stupid Patent of the Month" and explained it as follows:

On January 17, 2017, the United States Patent and Trademark Office granted IBM a patent on an out-of-office email system. Yes, really.

United States Patent No. 9,547,842 (the ’842 Patent),“Out-of-office electronic mail messaging system,” traces its history to an application filed back in 2010. That means it supposedly represents a new, non-obvious advance over technology from that time. But, as many office workers know, automated out-of-office messages were a “workplace staple” decades before IBM filed its application. The Patent Office is so out of touch that it conducted years of review of this application without ever discussing any real-world software.


""Watson" is another such marketing stunt -- selling that old illusion of IBM being sharp and ahead of the curve.""IBM Shamed Into Giving Away Awful Patent On Email Out-Of-Office Messages," TechDirt wrote soon afterwards. TechDirt typically reprints the "Stupid Patent of the Month" series, but it didn't do it this time around. TechDirt's coverage was better than the rest because it emphasised the real reasons for IBM's 'generous' giveaway. To quote: "IBM basically tries to patent everything, no matter how stupid. The company has (no, really) been at the top of the patent recipient list in the United States for an astounding 24 straight years. Really. And, yes, sure, the company has done some innovative things and yes, Watson's pretty cool, but does anyone actually think IBM is the most innovative company around for the past two and a half decades? It gets tons of patents because IBM has an army of lawyers who just try to patent anything. Earlier this week, the EFF put out its regular Stupid Patent of the Month post, and it was about an incredibly stupid patent from IBM. The patent (US Patent 9,547,842) is for an out-of-office email messaging system."

IBM is somewhat of a fake innovator, which (as we last explained in January) exploits the illusion of patents as surrogates of innovation to sell the idea that it's the most clever company out there and thus worth the high cost of hardware and/or services. "Watson" is another such marketing stunt -- selling that old illusion of IBM being sharp and ahead of the curve. IBM was a leader in many areas several decades ago, but this has not been the case for a good number of years. All that IBM has to show now is a big pile of patents, many of which are worthless and should never have been granted. It likely helped them when they had one of their own running the Patent Office.

"All that IBM has to show now is a big pile of patents, many of which are worthless and should never have been granted."The latest patent controversy was covered in many places and sites, and not just in English. There were about a dozen press articles about this 'Out-Of-Office' patent in English alone (e.g. [1, 2, 3, 4, 5, 6, 7, 8, 9]). It's only this kind of negative publicity which drove IBM to putting aside one simple patent, simply out of shame.

This is still making headlines/news in some circles, but the story has lost momentum by now, hence we decided to do a media survey of sorts. We believe it's exhaustive or at least comprehensive. This might help next time IBM does it, as it did the above many times before. Instead of IBM doing the right thing, like Infosys, it keeps pursuing just more and more of these patents, simply adding buzzwords like "cloud" or "AI" to old ideas (to make them appear novel/innovative and thus worthy of a patent grant).

"Victory!" wrote the EFF, "After EFF's Stupid Patent of the Month post, IBM dedicates patent on out-of-office email to the public."

"It's like that old (a decade-old) EFF campaign where they went after one patent at a time, striving to squash some high-profile 'nuisance' patents rather than the entire class of such patents."But it would be an even bigger victory if Big Thug IBM (or International Bullying Machine, as Florian Müller once called it) altogether stopped pursuing software patents, gave away all its software patents, surrendered all lawsuits it had initiated over software patents, and ceased lobbying for software patents. Better yet, it would be nice if the EFF compelled the USPTO to stop granting software patents, and not just to IBM. There are many thousands of IBM patents like the above patent; that's a lot more where that came from and some of these are actively being used to shake down IBM's smaller competitors. So the key problem isn't solved. It's like that old (a decade-old) EFF campaign where they went after one patent at a time, striving to squash some high-profile 'nuisance' patents rather than the entire class of such patents.

"Fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria."

--Richard Stallman



Recent Techrights' Posts

This is What the Slop Bubble Popping Can Look Like
Maybe not an overnight collapse, but getting there gradually
More Confirmatory Rumours Regarding "Massive" Red Hat Layoffs
Ecosystem and sales said to be targeted
Office Meetings Are Most Useful to the Least Productive Workers
In my "office life" days I really didn't like meetings
Claim That the Board of Directors at IBM Isn't Happy With How the Company is Run
IBM tries to project an image of strength to the whole world, especially to its clients
 
If You Don't Want "Linux" to Become "Windows", Then Follow GNU
GAFAM isn't a friend of Linux; it's only a user in the same sense clients are "users" of a brothel
Links 19/01/2026: National Broadcasters on World or Local Affairs Up to a Week Ago
Links for the day
Gemini Links 19/01/2026: Game Boy and "The Lounge" (IRC) for the Elderly
Links for the day
Slopfarms in Google News (at Least Three Today) With Fake 'Articles' About "Linux"
Google itself is trying to promote its own slop ("Overview") at the expense of original and credible sources
Links 19/01/2026: ChatGPT’s Defects and The Guardian on Why So-called "AI Companies Will Fail"
Links for the day
IBM Quiet About Its Plan for Red Hat Amid Accelerated Bluewashing
Something is going on at Red Hat
The "Alicante Mafia" - Part V - It Seems Like Some People Are Already Leaving "The Mafia"
they have a rough idea of what's coming
Microsoft Means War, Microsoft is on the Side of ICE
Microsoft, people-ready
Proprietary UNIX is What We'll Have If IBM Red Hat Gets Its Way
IBM Red Hat wants to control everything, even if that means killing everybody
Free Software in Times of Peace (and Times of War, Too)
GAFAM and IBM are war companies
Founder of GNU/Linux (RMS) Speaks in US University (College) This Week
The auditorium has very high capacity and this is his "college comeback" talk in the United States
LinuxSecurity and Linuxiac Are Still Slopfarms, Even Anthony Pell Does It
We suppose waiting another month or another year won't change a thing
Links 18/01/2026: Legal Trouble for xAI, Climate Concerns, Data Breaches and More
Links for the day
'Vibe Coding', Chatbots, and Other Bots (e.g. "Agents" Disguised as "Superintelligence") Aren't Saving You Time
False marketing, FOMO marketing tactics
Gemini Links 19/01/2026: Analog Cameras and Plucker in 2026, US Losing Acceptability in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 18, 2026
IRC logs for Sunday, January 18, 2026
Links 18/01/2026: The "Deepfake Porn Site Formerly Known as Twitter" and Turkey to Block Kids' Access to Social Control Media
Links for the day
Gemini Links 18/01/2026: Against English as Language of the Net, "Symposium of Destruction"
Links for the day
You Would Expect This Kind of Misleading Narrative Shortly Before Microsoft (or GAFAM) Mass Layoffs
misleading PR
FOSDEM 2026: democracy panel, GNOME & Sonny Piers modern slavery experiment
Reprinted with permission from Daniel Pocock
Pump-and-Dump With IBM Shares, Courtesy of People Who Stand to Gain From the 'Pump'
"3 Reasons to Buy IBM Stock Right Now"
IBM: Spying on Staff Like Never Before and Implementing Silent Layoffs This Month, Say Insiders
what we heard from whistleblowers seems to corroborate
'Cancel Culture' Doesn't Work (in the Long Run)
Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
IBM is Not a Free Software Company (It Never Was)
Red Hat's main product, RHEL, is full of secret sauce and has 'secret recipes' (it is basically proprietary)
IBM Turning Up the 'RTO' (Stress) and 'PIP' (Fear) Heat on Workers, Rebellion May be Brewing
Sometimes it feels like today's executives at IBM view IBM workers as a liability
Links 18/01/2026: Indonesia Against Comedy, Media-Hostile (Censors Comedians) Convicted Felon in White House Defecting to Opponents of NATO
Links for the day
GNU/Linux Still up (statCounter Says to 6%) in Bosnia And Herzegovina
Let's see where it is at year's end
Making Layout Changes
Feedback can be sent to us
Behind an Economy of Fake 'Worths' and Fictional 'Valuations' or 'Market Caps'
They normalise white-collar crime and say "everyone is doing it!"
Links 18/01/2026: "South Africa is Running Out of Software Developers", Companies Spooked to Find Slop is a Major Liability
Links for the day
Eventually the Joke (and Financial Fraud) is on Microsoft, Stigmatised for Slop
Is Microsoft trying to commit suicide?
GNU/Linux Leaps to All-time Highs in Virgin Islands
it seems to have started around the "end of 10"
Place Your Bets: Who Will Die First? Microsoft or IBM?
Not even joking; make a guess
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
Over at Tux Machines...
GNU/Linux news for the past day
Links 17/01/2026: Internet Blackout Normalised, Russian Attacks Civilians by Causing Massive Blackouts
Links for the day
Microsoft Lunduke Keeps Distracting From the Real Problems With Rust
Microsoft Lunduke is stigmatising critics
Linuxiac Has Become a Slopfarm, Calling Them Out Isn't Fixing That
What a shame. A once-decent site about "Linux" bites the dust.
Luzern Lion Monument, Albanian Female Whistleblowers: Swiss jurists were cowards
Reprinted with permission from Daniel Pocock
The Splinternet is Already Here, Owing to the Militarisation of Technology (Slop, Social Control Media, Back Doors, and More)
you know what's gonna happen next...
Stack Ranking Against IBM/Red Hat Staff and a Signal of Mass Layoffs (RAs) Justified by Red Hat and IBM as Poor Performance/Misconduct/Other
Working in an atmosphere like this sounds like a nightmare
Gemini Links 17/01/2026: Slow computing and Environment Leak
Links for the day
Links 17/01/2026: US Censorship and Violence Crisis, Growing Anger Levels Against Slop Sold as "Intelligence"
Links for the day
Microsoft's "valuation depends on infrastructure that does not exist."
Indeed
The Typical Trajectory: Datamation Began Experimenting With LLM Slop for Fake Articles. Then Datamation Died. (Last Month)
It's always ending up this way
Accounts or Devices (e.g. Phones) That Get 'Burnt' Have Many Pitfalls
Embassies and consulates habitually fail at this
Avoiding the Spooks (Nobody Watches the Watchers, They're Practically Unaccountable)
If more people adopt encryption, it'll be easier for us to deal with whistleblowers
Protecting Whistleblowers Requires Technical Knowledge/Skills
even the highest media judges aren't aware of how to protect sources
At Least 5 Women Quit Brett Wilson LLP in Recent Months. It's the Firm That Attacked My Wife and I on Behalf of Americans (One of Them Strangled Women).
It seems like good news that the women escape this workplace
Slop About Slop and Slop About "Linux"
In short, avoid slopfarms
Report/Benchmark Says 'Vibe Coding' Results in Security Holes
There are risks they don't like talking about
EPO Abuses Covered in Spanish
Knowing what we know (and heard/saw), the sinister silence of the media is perceived by some to be complicity of the lower order.
Richard Stallman Encourages "ICE Out For Good" Protests, His Opponents Do Not (Passive and Uncaring About Human Rights)
He has done a lot philosophically, politically, and so on
Record Traffic in Geminispace or Over Gemini Protocol
it's never too late to join
The "Alicante Mafia" - Part III - Europe's Second-Largest Organisation on Strike, Protests, Other Industrial Actions to Come Impacting Over 95% of the Workforce
The EPO's management is highly evasive, weak, and vulnerable
Claim That IBM Marked 15% of its Workforce for Potential Layoffs
No wonder we keep hearing from Red Hat people who say they hate IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 16, 2026
IRC logs for Friday, January 16, 2026