Bonum Certa Men Certa

On Intellectual Ventures, Nathan Myhrvold, and Other Patent Trolls

Trolls abound, system abused. OIN to the rescue?

A month ago we mentioned a patent troll bigger than Acacia, which had just been identified. The Microsoft connections to Acacia's are too hard to dismiss [1, 2, 3, 4, 5, 6, 7, 8, 9] and the following troll-to-be is no exception.

In two consecutive days, The Wall Street Journal presented two different answers. The first is not surprising: Intellectual Ventures, the brainchild of ex-Microsoft executive Nathan Myhrvold. It's now out "to raise as much as $1 billion to help develop and patent inventions, many of them from universities in Asia."


It is curious that universities outside the US are mentioned. Japan seems to have accepted software patents, but it is one among very few countries to be on that boat (probably the only one in Asia). Mexico has always been edgy. Groklaw discovered a very interesting newsletter from last year and it speaks about the Mexican patent legislation.

Besides, CAFTA also requires the acceptance of any patents granted by the US Patent Office, including patents on ideas applied to software, mathematical algorithms, living matter and so on, and extends the copyright monopoly to at least 70 years past the death of the author.

An interesting topic to review regarding FTAs [Free Trade Agreements] is how, in several cases, signing such an agreement places the legal norms in a country in check. For example, in Mexico today there is an important confusion regarding software patents that did not exist before the FTA: Mexican patent legislation explicitly states that computer programs are not patentable (just like corresponding legislation in Argentina and Brazil). Nevertheless, the Mexican Patent Office has been granting software patents, in accordance with the FTA with USA, which brings a major uncertainty to the Mexican community.


There is a coordinated attempt to successfully push for similar confusion and mess in other countries [1, 2, 3]. There is heavy lobbying involved and some software patents actually 'trickle' through the European legal system. Consider Britain With new laws established, scaring businesses outside the United States, for example, would be easier. Remember accusations of a 'patent terrorism' culture. It's all about fear (perception).

Related articles to consider:

What if this ever become global phenomenon?

Microsoft's appointed 'patent terrorist' recently quit his role in the company. This came just a year after Martin Taylor, the man behind the "Get the Facts" propaganda, escaped the company abruptly (and without even giving a reason).

Upon Bill Hilf's departure from his position, let's recall some of his 'greatest hits'.

Here is what he said about ODF/OOXML (article pulled after a long time, probably because of Microsoft's pressure, which Hilf himself talked about at the time).

Hilf accused his former employers, IBM, of starting a standards war simply because they wanted a part of the Office market


Does Hilf endorse the OOXML frauds that we still see? Does he approve sabotaging the typically-peaceful process of standards body in order to pass proprietary formats as though they were 'open'?

Hilf did not shy away from the cameras when Microsoft attacked GNU/Linux and OpenOffice.org with baseless FUD and accusations. Among the things he said at the time:

"We would like to strike similar patent deals with all the Linux vendors, but we had to start somewhere," said Bill Hilf.


No Patents in Linux



He then wondered why people hated him.

Hilf’s response was... priceless. “I get a lot of e-mail.” “People like to subscribe me to crazy newsletters and spam.”


Hilf is no longer at that position which he held. All I can personally say is: good riddance. Remember the article from the Bangkok Post (article pulled):

"The Free Software movement is dead. Linux doesn't exist in 2007. Even Linus has got a job today." Controversial statements from the head of Microsoft's Linux Labs, Bill Hilf.


”OIN is intended to make the whole broken patent system collapse, as it should.“A regular reader of this site, having read some articles on the assorted patent trolls [1, 2, 3], wrote to inform us about a techdirt.com article. The article discusses Intellectual Ventures, on which he has commented. Since IANAL (neither is he, I assume), we wish to know whether organisations like OIN (Open Innovation Network) can use the method he has described to protect GNU/Linux entities from patent trolls such as Intellectual Ventures.

My own answer is that it's interesting scenario. Can OIN ever be counter-sued at all? Therein lies the strength of patent trolls which have patents but no actual products. They are like an amorphous malicious spirit. You can't take a swing at them because there is no physical entity (product).

A friend recently told me about an idea which OIN supporters have in mind. OIN is intended to make the whole broken patent system collapse, as it should. Patent trolls don't want it to collapse. OIN, on the other hand, wants patent trolling to end. If shattering the system is the means, then so be it. It renders the system obsolete and pointless.

Comments

Recent Techrights' Posts

People's Understanding of the History of GNU/Linux is Changing
RMS is not a radical, he's just clever enough to see and foresee what's going on
Microsofters Were Scheming to Take Over This Entire Web Site (in Their Own Words!)
Money gets spent censoring/deplatforming people who speak about real issues; no money gets spent actually tackling those underlying issues
Bicycles for the Minds and the Story Harrison Bergeron
"The goal of having people in charge of the tools they use and that the tools should amplify ability" has long been abandoned
[Video] Cory Doctorow Explains DMCA: DRM in the Browser (or Webapp) Will "Make It a Felony to Protect Your Privacy While You Use It."
Pycon US Keynote Speaker Cory Doctorow
 
Big Crowds Gather to Learn About Software Freedom From the Man Who Started GNU/Linux in 1983
"It was a great success"
Microsoft Layoffs Again in Bay Area
Microsoft relies on people's false belief that being "in LinkedIn" will get you a job; well, seems like even working inside LinkedIn really sucks and you lose the job
Gemini Links 30/05/2025: Fighting Against the Bad News, and Slop is Dehumanisation Disguised as "Intelligence"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 29, 2025
IRC logs for Thursday, May 29, 2025
Links 29/05/2025: Chinese Cracking Against EU Institutions (Prague), More Assaults on Media and Its Funding Sources
Links for the day
EPO Workers Caution That the Officials Are Still Illegally Trying to Replace Staff With Slop (to Lower Quality and Validity of European Patents)
Nobody in Europe voted for any of this
Links 29/05/2025: US Health Deficit and Malware Disguised as Slop Generator
Links for the day
Links 29/05/2025: Turtle Roadkill, Modern 'Tech' as a Sting
Links for the day
Thanks for All the Fish, Linux Format
people who once wrote for it (or for other magazines) comment on the importance of this news
Links 29/05/2025: YouTube Problem and Giant Privacy Hole in Microsoft OneDrive
Links for the day
United States Courts With Sworn Testimonies Are on Our Side, We'll Present the Same Here
Chronicling what happened is a moral imperative
Serial Sloppers Ruin and Lessen the Incentive to Cover "Linux"
The Serial Sloppers (SSs) ought to be named and shamed, but almost nobody does this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 28, 2025
IRC logs for Wednesday, May 28, 2025
Links 28/05/2025: 'Emulation Layers' (Measurements and Linguistics), Libraries, and Discomfort
Links for the day
Links 28/05/2025: More Arrests for Bitcoin-Connected Torture and Prosecutions for Dieselgate-Linked Executives
Links for the day
Even Microsoft (MSN) Covers Richard Stallman's Public Talk in Milan 2 Days Ago
He spoke in Spanish earlier this month (Alicante)
Gemini Links 28/05/2025: Techo-authoritarianism With Slop Plagiarism and "No Online June" (Going Offline)
Links for the day
Links 28/05/2025: GitHub MCP Exploited and MathWorks Discovers Huge Windows TCO
Links for the day
Very High Attendance Level at Richard Stallman's Talk Shows People Can Relate to His Message
Smear campaigns have their limits
Gemini Links 28/05/2025: Celsius-Fahrenheit, Endless Scrolling/Infinite Scrolling, and Trapping LLM Slop Bots
Links for the day
Prison gate backdrop to baptism by Fr Sean O'Connell, St Paul's, Coburg
Reprinted with permission from Daniel Pocock
More Photos From This Week's Milan Talk by Richard Stallman
The posts are in Italian, not English
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 27, 2025
IRC logs for Tuesday, May 27, 2025