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

We Don't Depend on Google and Don't Care for Google
We have our own site search and we don't depend on Google to bring visits/visitors to us
Facebook Layoffs Due to Enormous Debt, Nothing to Do With "Hey Hi" Slop
The lies about "hey hi" in relation to layoffs will only contribute to further public resentment towards: 1) the media and 2) all the slop.
Universities Became Bad Places for Work
What happened to academia?
 
Layoffs in Twitter, Facebook, and Microsoft's LinkedIn
There are silent layoffs at Microsoft this month
Change of Address at the Hired Guns, Address Removed
Companies tend to alter their 'shell structure' in anticipation of major action
The Good IBM Managers Have Flown Away, All That's Left is the Book-Cooking Loyalists
IBM is just cheating the SEC and shareholders. This seems to be the only thing IBM's management is nowadays good at.
Microsofters' SLAPP Censorship - Part 12 Out of 200: Months Ahead of Serial Strangler From Microsoft Who Helped Double the Lawsuits (Funded by Third Parties) as 'Revenge' for Exposing Crimes
In 2024 I sat down and wrote about what had been done to me and to my wife
Crime Comes in Many Forms
apparently the SRA is OK with stranglers of women in America bullying the media in the UK
commandlinux.com, linuxteck.com, linuxiac.com, and linuxsecurity.com are Slopfarms With "Linux" in Their Domain Name
once readers realise they read slop they immediately lose interest
Links 14/03/2026: Adoption of Slop Has Killed BuzzFeed, Russia Sees "Economic Gain From Iran War"
Links for the day
Patriotism is Conditional, If It's Unconditional, Then It's Like a Cult
My love for Software Freedom is only as strong as my love for Freedom of the Press
Links 14/03/2026: Mass Layoffs at Facebook ('Meta') and Sweeping Layoffs at Twitter (xAI), Social Control Media and Slop Are Only Debt
Links for the day
Wrong Time, Wrong Place (Digg)
Kevin Rose and Alexis Ohanian can relaunch Digg.com, but we doubt it'll work "this time for real!"
Reporting New and Suppressed Information is What Journalism is All About
In the domain of Free software, there are very few sites out there that offer exclusive coverage on community affairs and there are many gagging/censorship attempts
The Limits of Speech and the Rationale of Limitations
it seems to be part of an international trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 13, 2026
IRC logs for Friday, March 13, 2026
Gemini Links 14/03/2026: Goodness, AD534 Multiplier Module, and Extroverts Online
Links for the day
Atlassian Corp: We're Doing Layoffs Because of "Hey Hi"; Wall Street: Atlassian Corp is Just a Failing Business
Don't ask "the media"
Microsofters' SLAPP Censorship - Part 11 Out of 200: Cannot Censor His Spouse, Accusations Are Repeated Today
He already has a history of threatening to sue gay people in America; he cannot take criticism too well
Price of Storage, Price of Energy... What Next?
EPO workers are going on strike because their salaries don't keep up with price increases and tech companies without connections in "the channel" face long delays, low availability, and high prices (no "bulk" purchases), which further solidifies monopolies.
Don't Forget Red Hat's RTO (Return-to-office) Layoffs
How many people still remember that Red Hat did the same thing?
Reminder: Microsoft silent Layoffs by RTO (Commute Time and Lack of Comfort/Work Satisfaction) Already in Effect This Year
It's difficult to measure how many employees have already "left on their own" due to the RTO policy
Founder of IBM Ventures Has Just Quit IBM
Some people leave IBM and many people 'leave' IBM
Signs of Impeding Mass Layoffs - Not Just Quiet Layoffs - at Microsoft
Beneath the surface there are waves of layoffs and even entire teams are let go
Career Science and Academia as Corporate Propaganda 'on Tap'
article about surveillance
Veteran GNU/Linux Journalist Jack Wallen Tries Geminispace and Likes It
It'll turn 7 some time soon
Scheduled Maintenance Tonight
There will be similar work early next week
"Alternative to Microsoft Office" Must Use Free/Open Standards/Formats for Real Sovereignty
It would make sense for the EU to invest in its own workers and its own software projects, more so now that there are hostile countries both to the east and to the west
IBM Has No Clue How to Integrate Companies Like Red Hat
IBM is failing to respect this company's culture
Fake Articles From Sites With "Linux" in Their Name/Domain Name
we can at least hope that linuxteck.com made a decision to quit slop
Links 13/03/2026: New US Weapons for Taiwan, Pakistan Air Strikes Hit Kabul
Links for the day
Gemini Links 13/03/2026: Exhaustion and Smartphone Addiction
Links for the day
Friday the 13th & Debian Developers afraid to nominate in DPL elections
Reprinted with permission from Daniel Pocock
Links 13/03/2026: Chatbot "Pentagon Contract" (Bailout) and Secret Service Ditches Slop Pusher
Links for the day
When Everybody Has a Right/Access to An Attorney/Lawyer (But Some Get Funding From Malicious American Corporations to Spend a Million Dollars on Many Lawyers and Several Barristers)
And send about 75 KG of legal papers to the residence of the "opponent"
European Qualifying Examination (EQE) Being Reduced to Pieces of Papers One Can Buy, Patent System Rapidly Losing Its Legitimacy
Welcome to the "new Europe"
Priorities in 2026
2026 is an interesting year
Willis Towers Watson (WTW) Producing More Propaganda for EPO "Cocaine Communication Managers"
The Local Staff Committee The Hague (LSCTH) has this new paper about Willis Towers Watson (WTW) and its annual EPO-sponsored propaganda, pretending all is well when things are clearly dire
Head of Microsoft Office and Microsoft 360 is Leaving Microsoft Amid Problems and Mass Layoffs
Microsoft is like a "legacy" company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day
By Expanding to Advocacy of Ponzi Schemes and Bill Epsteingate (Sex Trafficking), Linux Foundation Revenue Grew to $220,730,594, But Salary of Linus Torvalds Not Even in Top 10 Anymore!
true!
In the Name of Transparency, Today We Show Our Defence and Counterclaim
already uploaded by the other side
IBM Cannot Even Do Payroll, Now a "Legitimate Target" of Iran
Missiles or not, it seems like IBM systems will be targeted more by cybercriminals
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day