Bonum Certa Men Certa

It Doesn't Take a Genius to See That Microsoft Still Attacks GNU/Linux With Patents to Make Billions of Dollars in 'Protection' Money

Recent: Patent Trolls Roundup: The Patent Trial and Appeal Board (PTAB), Microsoft Trolls, and the Eastern District of Texas

Moon as satellite
Microsoft is still attacking GNU/Linux, it's just using what's sometimes known as 'satellite' entities



Summary: Intellectual Ventures, Finjan, RPX, and other Microsoft-connected trolls cannot be countered by LOT Network and the likes of it (notably OIN); Microsoft continues to shrewdly distribute patents to trolls, offering 'protection' from them (for a fee) [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16] and pressuring OEMs to bundle Microsoft 'apps' or risk retaliatory patent lawsuits

AS LONG as the USPTO continues to grant software patents and as long as already-granted US software patents are not expired (or voided by PTAB) Microsoft can carry on blackmailing the whole world. Microsoft isn't alone in this; IBM, for example, does similar things. But this post will focus on Microsoft because it claims to "love Linux" and Microsoft-funded groups like the Linux Foundation (which nowadays pays even the marketing person, McPherson, more than it pays Linus Torvalds) repeated this lie as recently as Friday. It said "Microsoft Proves Linux Love" in the headline! Alluding to Microsoft fixing a trivial bug more than 3 decades late.

"...this post will focus on Microsoft because it claims to "love Linux" and Microsoft-funded groups like the Linux Foundation (which nowadays pays even the marketing person, McPherson, more than it pays Linus Torvalds) repeated this lie as recently as Friday."Let's start with Finjan, an Israeli patent troll which was backed financially by Microsoft and was (re)armed by IBM as recently as last year. Finjan basically does nothing but patent litigation. It's hardly a promising business model after Alice and Oil States, but somehow they managed to defend one of their patents earlier this year at CAFC (a decision in January against Symantec). Several days ago Finjan "Announce[d] $10 Million Share Repurchase Program". Signs of tough time and 'damage control', amid just lots of lawsuits and blackmail these days? Even former staff of theirs is turning against them. From the press release:

Finjan Holdings, Inc. (NASDAQ:FNJN), a cybersecurity [sic] company [sic], today announced that the Company’s Board of Directors has authorized a share repurchase program of Finjan’s outstanding common stock of up to $10 million.


Maybe Microsoft wishes to invest again? It's well known that Microsoft is investing in a lot of patent trolls, including the world's biggest. Irish media very recently revealed it had invested in the world's largest patent troll, Intellectual Ventures, giving it a major lifeline. "Changes in personnel and strategy at Microsoft," IAM noted yesterday, "along with a new patent climate in the US - spelled the end for IV's final acquisitions fund."

"It's well known that Microsoft is investing in a lot of patent trolls, including the world's biggest."IAM, the rather prominent propaganda outlet of patent aggressors and trolls, merely entertained the 'new' Microsoft narrative -- a fictional framing that many GNU/Linux proponents grew tired of. Joff Wild's Windows site (with occasional pieces from Microsoft executives and former executives) ended up including spin about RPX as well. To quote yesterday's column of his:

Last week we reported on a filing made by a Microsoft subsidiary in Ireland which provided details of a $136.5 million write down of an investment the company had made in Intellectual Ventures’ Invention Investment Fund 3 (IIF3). The filing also revealed that the software giant was by far the biggest investor in the fund – contributing over 70% of the cash that had been raised.

[...]

Meanwhile, what does this news tell us about Microsoft? While some of the usual blogging and Tweeting suspects have been talking about the write down as showing that the company is the facilitator of the world’s biggest patent troll, arming it with a view to going after competitors and everyone else to beat them down to a pulp – or words that effect, those that have actually bothered to follow developments at Redmond over recent years will see something different.

[...]

On top of that, of course, those changes to the US patent landscape also make the kind of defensive buying that IV sold as a significant benefit to its corporate investors much less of a pressing need. Don’t forget that Microsoft has also recently decided not to renew its membership of RPX.

The simple fact is that Microsoft no longer needs IV: its IP strategy has changed and it is less exposed to damaging patent assertions than it once was. When the fundamentals change so much for an investor that has a 70%+ stake in an entity of whatever kind, that entity is going to struggle to recover. That is exactly what has happened to IIF3.


Intellectual Ventures did not only depend on Microsoft; Bill Gates had been backing it too (it's his personal friend, whose role in the firm recently grew further). Sure, Microsoft left RPX, but only after it gave a lot of money to RPX, which almost everyone seems to be leaving these days (it's collapsing and it was recently sold to private hands for a 'paper'/virtual price that was a joke: 555).

Based on Indian media, as of a few days ago, it sure sounds like RPX has just swallowed some more software patents. The Economic Times wrote:

Bangalore-headquartered Zeno Security Corporation has entered an agreement to sell its portfolio of network security patents to San Francisco based RPX Corporation. The terms of the agreement are undisclosed. The deal includes the sale of three issued US Patents, and one pending US Patent Application.

[...]

Transactions IP LLC brokered the deal between Zeno and RPX.


They don't even name a price.

Going back to Microsoft, remember that Microsoft used software patents to sue a rival it had committed antitrust violations against (Corel). It nowadays tries to crush it completely using patent litigation. A few days ago Law 360 wrote about it:

Microsoft's Win Reduced, Atty Fees Denied In Corel IP Spat



A California federal judge has reduced an award for Microsoft from a jury that found Corel willfully infringed its Office software patents, dropping the payout from $287,000 to $124,000, and declined to make Corel pay Microsoft’s attorneys' fees, saying there was nothing exceptional about the case.

In a decision unsealed Thursday, U.S. District Judge Edward J. Davila said that Corel Corp.’s willingness to stipulate to infringement and drop its invalidity defenses against Microsoft Corp. early in the case, in an effort to reduce costs, was “rare”...


Don't believe in the 'new' Microsoft myth. The company is still suing, both directly and indirectly. The corporate media mostly turns a blind eye and the above case was mostly/only covered by Law 360, which is a niche site. Why aren't technology news sites mentioning it? Does that not suit the "Microsoft loves Linux" narrative? Remember that Corel was a major player in the GNU/Linux scene before Microsoft undermined it (a decade ago we wrote many articles about what had happened).

"Those 'free' patents would be trouble when Red Hat is dead or sold (either of those is an inevitability, it's just a matter of time)."Meanwhile, "Red Hat Inc. and Lenovo Group Ltd. are giving away free patents," says the corporate media. This is not how patents work. Red Hat basically continues to actively pursue software patents and it means that Red Hat is part of the problem. The company and its patents can be taken over. Those 'free' patents would be trouble when Red Hat is dead or sold (either of those is an inevitability, it's just a matter of time). Red Hat staff should simply refuse to apply for patents (some told us they have) because these patents expiry date will likely outlive the company itself. Where might these patents end up?

Here is Bloomberg's Susan Decker with her report on Ira Blumberg and LOT Network -- a report that has just been licensed and reposted by Indian media (Economic Times) [1, 2]. The relevant parts:

Red Hat Inc. and Lenovo Group Ltd. are giving away free patents to any startup that joins a group of more than 200 companies devoted to keeping its members and their patents out of court.

It’s a carrot to entice startup companies to join the LOT Network, a non-profit created by Alphabet Inc.’s Google and Canon Inc. four years ago to combat litigation by patent assertion companies, known derisively as “trolls,” that don’t make any products but seek royalties by challenging patents. By joining LOT, a company agrees that if they sell patents to such firms, all group members will have a free license to them.

“You’re binding yourself to the mast and saying ‘I’m not going to give in to the siren song of trolls,”’ said Ira Blumberg, vice president of intellectual property and litigation for Lenovo.

[...]

“It is difficult to get a sufficient number of companies to coalesce around a single solution that will address the problem,” McBride said. “There is a mesh of overlapping efforts and LOT is a significant player.”

It’s easy to attract larger companies, said Ken Seddon, chief executive officer of LOT, which stands for license on transfer. The group’s members collectively own some 1.1 million patents and patent applications worldwide. That provides immunity from a fraction of the patents in force worldwide -- more than 347,000 were issued last year in the U.S. alone.


LOT Network does absolutely nothing about Microsoft and its trolls. Just like OIN, it seems to be a pact whose purpose is to protect software patents from critics (software developers) rather than protect developers from such patents. These are relatively weak, corporates-led attempts to appease technical people.

"Just like OIN, it seems to be a pact whose purpose is to protect software patents from critics (software developers) rather than protect developers from such patents."Red Hat bragged that it pocketed a "patent standstill" with Microsoft, but how does that help developers who don't work for Red Hat? It does not. Generally speaking, Microsoft has bought the silence it needed from many of its potential critics (Canonical, SUSE, Red Hat, the Linux Foundation, even OSI), so don't expect them to lash out, file a complaint etc. It's a "divide and rule" tactic and money helps Microsoft tremendously with this strategy.

Recent Techrights' Posts

A Free Software Foundation (FSF) Led by Dr. Richard Stallman Can Still Raise a Lot of Money
Give people more time (e.g. until end of January) and maybe hit the target
Good Gains for Android for GNU/Linux in New Zealand This Year
Notice that GNU/Linux rose to its highest point (this month)
2024 a Record Year for Android (Almost 50% "Market Share"), Which is Now Bigger in Europe Than Microsoft Windows
a look at Europe
Wishing for a Wikileaks Renaissance in 2025
as a site that facilitates whistleblowers, hosting large leaks
[Meme] Getting Banned From Social Control Media 2 Days or Two Weeks Before Leaving Office
Seems like interference using dinners with an insurrectionist
Jimmy Carter on Globalisation of "Tech"
Carter's legacy in the area of science (and technology)
The True Importance of Diversification
Monopoly or monoculture breed fragility
This New Talk Helps Explain Why Crimes at the European Patent Office (EPO) and Patent Policy Deficits Remain Unaddressed by the European Commission
Corporations write and enforce the law
Enshittification is Everywhere
Computer Science has been reduced to just "computer" (spyphone)
Move to GNU/Linux and Save the Planet, CCC Talk Explains
video of the talk
The Free Software Foundation (FSF) Tells Us All to "Keep Putting Pressure on Microsoft"
"Grassroots organization against a corporation as large as Microsoft is never easy"
 
Trying to Informally Police or at Least Report LLM Slop About "Linux" (and Several Related Topics)
Do they deserve public humiliation/condemnation? Yes, as that might be the only way to nip this in the bud
Links 30/12/2024: Fentanylware (TikTok) Concerns and Aftermath of Cut Cables
Links for the day
Is Microsoft's Plundering of Africa Coming to an End?
Microsoft had many layoffs in Africa this year
Microsoft Windows Down From 23% to 20% This Year in Asia (Android Up From 54% to Almost 60%)
Less and less of Windows, more of the Linux-powered Android
15 Years Ago Mozilla Firefox Had Over 50% of the Slovakian Market, Now Google's Chrome Has Over 70%
Peaked at 72.4% earlier this year
Remembering When Photography Meant Realistic Captures of Reality, Not "Hey Hi" (AI) and 'Instagrammed' (Filtered, Manipulated)
Fake pictures predate the "hey hi" hype; Instagram in particular was full of these
Apple's Main Stronghold (North America) at Risk From GNU/Linux
Apple had several rounds of layoffs in the US this year
statCounter: Microsoft Windows Down a Percent This Year in South America, GNU/Linux Up to 3.2%
Microsoft down, freedom up
The Threat of Googlebombing and LLMs
There are many Carters, but search engines and LLMs lack the "logic" (or common sense) to tell the difference
Social Control Media (Not Just TikTok) is a "Modern Challenge" to Democracy
Society is worse off with Social Control Networks
IBM's Bad Leadership is a Threat to GNU/Linux
We worry that since Red Hat controls so much of the GNU/Linux stack difficulties at IBM will result in divestment
Putting Some Eggs in the Geminispace Basket
Do not bet on the future of the Web
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 29, 2024
IRC logs for Sunday, December 29, 2024
Gemini Links 30/12/2024: Countdown to New Year, Tinylogging, and LLM Hype
Links for the day
Incredible! Beta'News' Now Runs Ads as 'Articles' About 'Hey Hi' (AI), Written by LLMs
Does it get any more rogue than this?
Our Most Relaxing Christmas Ever?
this Christmas was our most calm every (in recent memory at least)
Bad Year for Microsoft in India (and Another All-Time Low, Windows at 12% "Market Share")
Microsoft is the next Intel
Keeping Online Even During Wars
the Internet is still quite robust
Fascistic Regimes and Their Justices Will Leverage Social Control Networks to Their Advantage (Power Grab), They Won't Protect Constituents From Them
"controlling the voices and all the narratives, including the press because they too buy into the lies that it is a communications medium"
New Year's Resolution for Techrights: No More Very Short Posts
If we publish memes, as above, then we'll try to at least contextualise them somewhat
Links 29/12/2024: Phytium Sells Chinese CPUs and Landing Gear Malfunction Crashes Plane in Korea
Links for the day
Links 29/12/2024: Facebook Wants More Bots and Slop, Whistleblowers and Bloggers Under Attack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 28, 2024
IRC logs for Saturday, December 28, 2024
Gemini Links 29/12/2024: Supernatural Mystery and Mechanical People
Links for the day
Links 28/12/2024: Standards Emphasised, Putin Implicitly Admits Taking Down Passenger Plane
Links for the day
Links 28/12/2024: BRICS-Controlled Social Control Media Defended by GOP, "Paper Passport Is Dying"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 27, 2024
IRC logs for Friday, December 27, 2024
Links 28/12/2024: Having Bosses, Ada's Dependent Types
Links for the day