More on the latest defeat to software patents in the US; Microsoft keeps pursuing these anyway

“That’s extortion and we should call it what it is. To say, as Ballmer did, that there is undisclosed balance sheet liability, that’s just extortion and we should refuse to get drawn into that game.”

--Mark Shuttleworth

Summary: Microsoft is again promoting its patent extortion staff -- those who attack GNU/Linux with software patents -- while its trolls, notably Intellectual Ventures, fight for software patents (but thankfully lose their battle, yet again)

BELATEDLY published in Techrights (late because of more urgent EPO news) is this reminder that Microsoft not only persists in patent shakedown against GNU/Linux but also PROMOTES the patent extortion folks (after Brad and Horacio, both of whom were repeatedly promoted, it is happening yet again). For those who have not been paying attention, see the following posts from last month and earlier this month:

• Microsoft Offers That Infamous “IP Peace of Mind” to Free/Open Source Software Users as Long as They Pay Rents to Microsoft
• Microsoft's Latest Attack Plan on GNU/Linux Has Become Clearer and It's Still About Software Patents
• As Long as Software Patents Are Granted and Microsoft Equips Trolls With Them, “Azure IP Advantage” is an Attack on Free/Libre Software
• IAM 'Magazine' Rented Out to Microsoft Again, in Order to Attack Amazon (as Host of Free/Libre Software) Using Software Patents FUD
• The Long Reach of Microsoft's Patent Troll, Intellectual Ventures, and the Impact on TiVo

Anyone who still believes that "Microsoft loves Linux" is clearly paying too little (if any) attention to the facts.

According to a blog post from IAM, "Microsoft IP supremo promoted after overseeing series of value creation initiatives," which in IAM's terminology (it's a pro-trolls site) means aggressive litigation ("value creation" is the euphemism). Mind the following part, which whitewashes the above-shown initiative that creates the notion of "unsafe" (or uncovered from litigation by Microsoft or its trolls) GNU/Linux and Free software:

Most recently, the company announced a package of IP-related benefits for users of its Azure cloud service which expanded its indemnification policy to include open source technology providers that power Azure services, made 10,000 patents available to Azure customers to help defend themselves from infringement lawsuits and guaranteed that if Microsoft sold patents to an NPE they couldn’t be asserted against those customers. The initiative, known as the Microsoft Azure IP Advantage programme, demonstrated how the software giant is prepared to use its significant IP resources to gain an advantage over key cloud competitors Amazon and Google.

It would not at all surprise us if Microsoft-connected trolls started hammering Amazon with patent lawsuits or instead targeted AWS customers, thus pushing them towards the perceived 'safety' of Microsoft with "IP Advantage".

"Anyone who still believes that "Microsoft loves Linux" is clearly paying too little (if any) attention to the facts."Microsoft's biggest patent troll, Intellectual Ventures, is suing a lot of companies (sometimes directly, sometimes though its huge collection of shells), but it has just failed to revive software patents again, after a case got escalated to the Court of Appeals for the Federal Circuit (CAFC).

CAFC will be the subject of some longer articles, probably to be published over the weekend, but the above case is unique because of the Microsoft angle. There have been many articles about it, e.g. [1, 2, 3, 4, 5], and yesterday Patently-O called it "yet another Intellectual Ventures loss" (at CAFC) and added a statement about "NO STANDING TO SUE". To quote: "In yet another Intellectual Ventures loss, the the Federal Circuit has affirmed the W.D. Pennsylvania district court ruling that the asserted patents are invalid as ineligible under 35 U.S.C. €§ 101.[1] This decision was issued in parallel with IV v. Capital One discussed previously. I’m going to put-off the Section 101 discussion for another post, however, and write here about the assignment debacle."

"It would not at all surprise us if Microsoft-connected trolls started hammering Amazon with patent lawsuits or instead targeted AWS customers, thus pushing them towards the perceived 'safety' of Microsoft with "IP Advantage"."What Dennis Crouch describes is unique (not mentioned in the above press articles) and states that "before reaching the Section 101 eligibility issues, the district court dismissed IV’s infringement case related to the ‘581 patent for lack of standing – finding that IV didn’t actually own the patent."

We mentioned such a debacle last weekend as well. It's a recurring theme now. How is that not treated as a serious offense? Thankfully, in this scenario (Erie Indemnity Co.), Intellectual Ventures failed to revive software patents, but it will certainly keep trying and Microsoft will count on it. Quite a few victims of Intellectual Ventures bullying are companies that use GNU/Linux a lot; some of them even distribute GNU/Linux. ⬆