Bonum Certa Men Certa

The EPO Crisis and Microsoft's Patent Trolls

Patents news roundup

Software patents protest against EPO



Most significant among the patents news is today's demonstration, which we wrote about a few days ago and shall elaborate on over the weekend. The Stop Software Patent initiative has a summary accompanied by many photos.

On Thursday, 18 September 2008, staff members of the European Patent Office (EPO) demonstrated in Brussels for a reform of its supervisory board. Examiners are complaining about the broken governance of the Institution. Examiners do not trust neither members of the Administrative Council, neither their President Brimelow. A patent examiner confessed that most of them were against software patents but as civil servants they were not allowed to speak out publicly about their concerns.


This was also covered here, among other places.

The EPO staff are trying to make their voice heard by a series of actions against the undermining of the European Patent Organisation by its governing body and management (see below). In particular, on September 18th, a strike of EPO staff was observed by the vast majority at all four sites of employment, over 250 of whom travelled to Brussels to take part in a demonstration. The demonstration route went from Square Frère Orban to the Berlaymont, the seat of the European Commission.


Unrest does not prevail just in Europe. On we move to some problems concerning the US system, where NASA's patents are outlined and then described for the unnecessary things that they are.

ReallyEvilCanine writes in to let us know that Ocean Tomo, the patent auctioning company has worked out an agreement to auction off a package of 25 NASA patents covering things like signal processing, GPS for spacecraft and sensor technologies.


There are some more thoughts about it here. [via Digital Majority]

Wow. Mike Masnick writes about NASA’s plan to auction off some of its patent portfolio to the private sector. When I read this I had to do a double-take: NASA has a patent portfolio?

This is absurd. The purpose of patent law is to promote the progress of the useful arts by giving inventors an incentive to invent. NASA engineers already have an incentive to invent: they’re being paid taxpayer dollars to do so. Accordingly granting patents to NASA is a pure dead-weight loss to the economy. It restricts the free flow of ideas with no offsetting benefit from improved incentives. Indeed, this is precisely why the copyrights on government-created works are immediately placed in the public domain.


Nathan Myhrvold



Onwards we go to the most relevant target -- one whose mode of operation includes predatory action against Free software, as opposed to a peaceful embrace or coexistence.

Yesterday we wrote about Nathan Myhrvold, the peripheral patent troll from Microsoft. Matt Asay describes his operation as a "massive patent pyramid scheme." It's not the first time.

Cisco and others have coughed up hundreds of millions of dollars to Intellectual Ventures, and have taken some steps to try to combat the company and its ilk. It's a nice gesture, but Myhrvold and his investors apparently bring too much cash to the table, earning Intellectual Ventures the dubious distinction of being the world's largest patent troll.


Speaking of financial pyramid schemes, Bill Parish wrote the following about Microsoft: "Sadly, many of these brilliant people have been blinded by the stock price and unable to see that Microsoft is also the key architect of the greatest financial pyramid scheme this century. It is not uncommon for participants in pyramid schemes to lose their emotional bearings. My close friends who work at Microsoft are particularly upset over my work and it is possible that even Bill Gates and Steve Ballmer do not realize the implications of their financial practices."

“Myhrvold, much like his former employer and current investor, dislikes GNU/Linux...”Another smart mind, whose site is now "down for renovations and rethinking," wrote this about Microsoft: "As with all pyramid schemes, it is important to get as close to tier 1 as possible. From a practical standpoint, usually only tiers 1 and 2 will derive significant long-term economic rewards from such schemes."

Watching the assessments regarding Microsoft's financial state (it is claimed to have lost a lot of money), one has to wonder what Microsoft might do next. Myhrvold, much like his former employer and current investor, dislikes GNU/Linux (see video). Some are even expecting lawsuits from this patent troll (Acacia, which is also somewhat associated with Microsoft [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11], has already done plenty of that).

Intellectual Ventures Getting Antsy; Expect Lawsuits Soon



So what is new in this one? Well, less than a year after raising a $1 billion patent hoarding fund, he's out raising a new $2.5 billion fund. So it seems like he's good at getting press and raising money -- but not so much actually making money at this point (well, Myhrvold personally is doing fine, since the piece notes that he gets a 2% management fee, just like a VC). And that's where the saber rattling comes in. The article notes that Cisco and Verizon have paid up between $200 and $400 million as licensees -- though, to make it more confusing some of that is invested back into the fund for equity.


Cisco, which is a victim in this case and also a recent protester, actually sells hardware. So does IBM, as we pointed out very recently. There's lots of money in this business.

To Microsoft, on the other hand, it's hard to monetise such work differently. Due to competition, so-called "piracy" is a must to Microsoft. Free software is Microsoft's #1 rival because it forces the monopolist to concede its margins or give away its software for free (gratis). It keeps Microsoft more humble. Here is a quote from 2007:

"It's easier for our software to compete with Linux when there's piracy than when there's not."

--Bill Gates



This one from the news is rather amusing.

Microsoft: 83 pct of Montenegro software pirated



Microsoft in Montenegro says that 83 percent of software in the Balkan country is pirated.

The company says illegal software cost the country US$7 million in 2007.


Microsoft paints itself as a victim, as if it couldn't put an end to had it really tried harder. Microsoft loves (and sometimes even encourages) this so-called 'piracy'. In this particular case, they try to warn the nations that it is the nations' loss and therefore they should do Microsoft's job. It takes some nerve.

The Xbox and Zune businesses, which were intended to formulate Microsoft's entrance into hardware sales, have backfired badly, raking billions of dollars in losses. It's interesting to find that, based on this new interview, Microsoft wanted to just buy Nintendo.

In the second part of an interview with The Guardian, Peter Moore has revealed that Microsoft considered buying Nintendo.


That would not be surprising.

"Usually Microsoft doesn't develop products, we buy products."

--Arno Edelmann, Microsoft Manager (2007)



The morbid patent obsession in the US is costing not only American businesses because Japanese global market leaders, in this case Nintendo, could suffer an embargo because of these ludicrous patents.

The U.S. International Trade Commission has agreed to look into Hillcrest Laboratories' allegations that Nintendo infringed Hillcrest's patents in making its popular Wii video game, the ITC said on Wednesday.


Are patents truly so wonderful?

Recent Techrights' Posts

Obscene Contradiction in Microsoft's Layoffs Tally ("Official" Numbers Do Not Add Up)
Notice how they treat "LinkedIn" as separate
Confirmed: Microsoft Layoffs Come in Two Waves, Just Like Last Summer
To us, what stands out is the admission from Microsoft that there are two (or more) waves
Links 06/07/2026: Artists Reject Slop (or Even de Facto Bribes to Market/Endorse Slop)
Links for the day
The Media Needs to Speak of Slop as a Climate Issue Like It Did With Bitcoin
But the slop industry keeps paying the media to play along with the hype
 
SLAPP Censorship - Part 130 Out of 200: Jealousy, Envy, Hubris
This site is primarily about Free software
Gemini Links 06/07/2026: Still Mostly Dry, GoToSocial, and More
Links for the day
European Patent Office (EPO) Series: Effective Dispute Resolution… But Not For EPO Staff
Slovenia fielded one of the few Administrative Council delegations which managed to maintain its own independent line against the tyrannical EPOnian "Sun King"
Community Sites Need Genuine Collaboration and True Autonomy
People who want to communicate, federate and organise for effective change need to evolve
Free Software Foundation (FSF) Covers Quibble, Free Software for Secure Communications, in the FSF Summer Bulletin
The Georgia Tech folks are bringing Free software education and contributions to one of the better known Computer Science hubs in the US
Microsoft Layoffs Include Windows, Bing, Slop (CoPilot etc.) and There Will More More Rounds (or Waves) to Come
"43% of Xbox laid off"
Preserving Comments About the Real IBM Before They Get Deleted
IBM in the 1980s is not what it is right now
Cybershow on "Escaping Prisons For Your Mind"
"THE CYBER SHOW: Stealing technofascism's boots, and stomping on its own face with them."
The Media Talks a Lot About XBox Layoffs, a Closer Look at the Data Show Microsoft 'Bloodbath'
'Bloodbath' is the term insiders use
Links 06/07/2026: At Least 20% Staff Reduction in XBox (Microsoft), Taiwan Sees Uptick in Chinese Aggression/Provocation, Senator Rodante Marcoleta Arrested
Links for the day
In Praise of the UK's Stance on Free Speech (but Some Reservations)
At the moment there is a healthy discussion going on with the objective of disrupting attacks on British press
Exposing Corruption at the European Patent Office (EPO), a Call for More Whistleblowers
We predict that, provided enough whistleblowers speak out, António "the unready" won't even finish his current term
Leaving Our Pets for Several Days
This week our pets will be worried that "mommy and daddy" are away
Dating Trees and Dating 'Apps'
several high-profile stories in the news about scandals in "dating apps"
DW Documentary About Julian Assange Turns 2
It was released just days after Assange had turned 53 and about two weeks after he had left the UK
Independent Media is the Only Form of Legitimate Media
Independent media is, indeed, what we need to demand more of
The Story of the European Patent Office (EPO) Wagging the Dog (EU)
The aim of the series is to properly inform the world - not just Europeans - how Europe's second-largest institution is run [...] How did a corporate hub of monopolies become so detached from the Rule of Law?
GNU/Linux Up to New High in Libya, Windows Down to All-Time Low
GNU/Linux touches 5% there, based on statCounter
SLAPP Censorship - Part 129 Out of 200: Iranian Tactics
Hunger for revenge compels people to do overzealous, irrational things
Quiet Week
Many in the US are still enjoying an extended weekend
IBM's Fall
IBM's fate is closely connected to that of the Free software movement because of the salaries
Social Dialogue at the European Patent Office (EPO) is Dead, the Strikes and Work Stoppage-Like Actions Carry on
What next for the EPO?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 05, 2026
IRC logs for Sunday, July 05, 2026
Links 05/07/2026: Shadows of the Upper Peninsula and 2026 Old Computer Challenge
Links for the day
Not Everything Should be Electric
technology has become detrimental to society
Gemini Links 05/07/2026: Eye of the Beholder and Baldur’s Gate 3 and Alhena 5.6.5
Links for the day
GNU/Linux Market Share is Already High
GNU/Linux has fast become and is still becoming mainstream in recent years
The 9-Step IBM Algorithm: Gaming Wall Street While Shedding Off Staff and Bribing the Mainstream Media to Play Along
Any time IBM preaches manners (e.g. CoC) to the community remember that IBM works closely with and flatters the dictator
XBox is Practically 'Dead Man Walking' at This Point
writings on the wall
They Could Never Kill the Ideas of Richard Stallman (RMS), But They Are Still Trying
Killing an idea is harder than killing a person and killing a person is illegal
Only Germany Objected to Salary Adjustment (Reduction) Procedure of "Team Campinos"
"flash report on the Administrative Council of 30 June and 1 July 2026"
A "Never Slop" Policy in Quibble
"every change in the repository must be made by a human"
Series on GNU/Linux in Japan
This series can last a week or longer
75% of All the Patents Last Year Were Software
The corporate media has more or less ceased to discuss this matter
At Microsoft "the Morale of Developers is at an All-time Low"
Numerous reports today say that after at least 5 studios got marked for shutdown (mothballing) by Microsoft there are rumours about Obsidian as well
Links 05/07/2026: Data Breaches, Heat Waves, and Weinstein Rape Conviction Upheld
Links for the day
Confidentiality at Risk With Slop 'Coding'
People who continue to cheer for slop aren't just misguided fanbis and fangurls
False Narratives of Slop "Efficiency" as Debt Climbs
false stories about slop
July 8 as "D-Day" for Microsoft, Mass Layoffs Planned
Microsoft's grip on the market has slipped for a long time
GNU/Linux Leaps to 6% in Thailand
Can we expect 10% by year's end?
SLAPP Censorship - Part 128 Out of 200: Making Laws Work for Britain, Not Oversensitive Americans Looking for 'Revenge' by Lawfare
The SLAPPs are intended to protect corporations (employers like Microsoft)
EC Looking for Input on Digital Networks Act Until Next Month
New initiative
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 04, 2026
IRC logs for Saturday, July 04, 2026
Gemini Links 05/07/2026: Ragebaited and Removing Lines in Emacs
Links for the day
Links 05/07/2026: "Tesla Slams Into Crowded Cafe" and "ChatGPT [Turned] Into a Sociopath"
Links for the day
BRICS and Windows: All-Time Lows
Expect many more Microsoft layoffs in years to come
Do No Evil, Do Not DDoS
Sites that attract DDoS attacks because of their message are sites that are difficult to debunk or debate
France is Winning the Race Against Windows
France instructs, then orders, government agencies to adopt GNU/Linux
Not 2.5% and Not 2.5 Billion Dollars for "Hey Hi"; 2 Waves of Microsoft Layoffs Rumoured This Month, July 8th, Then July 22nd (Just Before 'Results')
People there join unions, knowing they will be terminated silently or otherwise
Microsoft Double Trouble With Slop
What does Microsoft even sell at this point?
Based on US Government Sites, GNU/Linux Has Reached About 8% "Market Share" in Desktops/Laptops
Culled to exclude mobile platforms, GNU/Linux would likely be above 8%
TheLayoff.com is Deleting Comments About IBM Offshoring
Meanwhile, rage-baiting Internet trolls and sometimes trolls who paste in LLM slop are immune from censorship
American Independence Needs Independent Media
The American regime's hostility towards media is an international problem
Techrights Was Always a Community Platform
Techrights is about whistleblowers
Phenomenal Growth for GNU/Linux in Afghanistan
This is impressive because for many years it was registered at near 0%
Daniel Pocock Pursuing Complaint in the United States Against Software in the Public Interest (SPI) et al
It seems like the only people who don't support him are those whom he criticises
Gemini Links 04/07/2026: Busy Squirrel, Independence Day Celebrations, PalmOS Programming
Links for the day
Canonical/Ubuntu is Breaking CP (cp) to Help Microsoft Turn Coreutils Into Proprietary Software for Windows
What we could do reliably in the 1970s (before GNU) we cannot do in 2026?
Brett Wilson LLP is Downsizing, Apparently Closing Down the Oversized and Overpriced Office
Address changed 13 hours ago
Free Software Has No Kings or CEOs
The kingdom is a cross-border phenomenon, so national flags and other such symbolism overlook the core problem [...] Free Software can help lead us out of the current imbalances
The United States Lost Freedom of Speech
independence refers to a condition, not an activity
IBM Replacing the People Who Built IBM With Cheaper and Younger Staff, According to IBM Insiders
This is a very common sentiment in IBM
For USA 250 Microsoft is Messing With Our Minds (2.50%) to Distract From Mass Layoffs
The slopfarms contribute to this noise
"Defective by Design" Turns 20
DBD is still as relevant as ever (probably more relevant than ever before)
A Bicycle for the Feeble Mind, or How Computers Got Worse for Productivity (Intentionally)
Many of us still adopt and champion the "workstation" mentality
Links 04/07/2026: Microsoft Tax Haven (Evasion) Tactics, Tobacco Bans, and More
Links for the day
Links 04/07/2026: 2026 Old Computer Challenge and Trying Gopher
Links for the day
SLAPP Censorship - Part 127 Out of 200: Lawsuits by Americans Filed in the UK a Burden on British Taxpayers, No Way to Recover the Funds When Americans Lose Their Cases
Are Garrett and Graveley 'pulling a 4Chan'?
Links 04/07/2026: USMCA (Covering Software Patents) Might Not be Renewed, Slop Bros Try to Pay Weird Al to Endorse Their Scheme
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 03, 2026
IRC logs for Friday, July 03, 2026