Bonum Certa Men Certa

Patents Roundup: Trolls, Acacia vs. GNU/Linux, and Software Patents at Jeopardy

Software patents protest in India



At times of economic hardship, companies might hunt for additional or alternative sources of revenue. This is, to an extent, part of one's obligation to the stakeholders.



One serious problem is that under such an economic climate, various companies struggle (a few even fight for their very survival), so the possibility of so-called 'defensive' patents going offensive is increased. If the likelihood of lawsuits goes up, so is the general tension among inventors, who will become, well... less innovative.

An interesting observation has just been made by Matt Asay, who shows this pro-trolling material, or at least the encouragement of extortion/lawsuit tactics.

Forget about providing customer value. It's time to pillage customers and competitors alike by amassing and harvesting patent portfolios. You, too, can be a patent troll. Sign up today!!!


Like many predatory schemes, such as Microsoft's patent extortion and its troll Myhrvold's escapades in India and giants lie Cisco, all of this is happening secretly. Settlement apparently require that no disclosure is publicly made.

Going by evidential terms, it's likely that Microsoft has already selected Free software, including Red Hat, as a subject of litigation [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. This particular reference is to Acacia, whose case Groklaw is shedding some light on. It is interesting to see who else Acacia has attacked.

The fact that patent litigation follows this process explains something I noticed. Guess who else IP Innovation has been suing in Texas in addition to Red Hat and Novell? Google and Apple [PDF] and Dell [PDF], but Apple got all claims against it, regarding the '412 patent, dismissed in mid-June, without even having to file an answer.


Only recently we wrote about Microsoft's litigation-by-proxy pattern, the context being Apple and Google. However, some time in the past Acacia turned against Microsoft as well. Conclusions would be premature.

There a also couple of good posts from Vincent McBurney. The first one explains why software patents are moronic.

Software companies cannot win under the current patent system. A software product can be so complex that it can require hundreds of patents to cover everything that is unique about the product. If the company tries to file for everything they invent they spend a fortune on patent attorney fees and filing costs. If they don’t file then another company will “invent” the same thing and file and the original company can end up being threatened for patent infringement.


The second long post talks about the high costs of software patents and they they are a lose-lose situation to everyone (except patent trolls).

The litigation will be a nuisance to the big software vendors involved but with revenue in the hundreds of millions, if not billions, the legal fees will hardly be a blip on the radar. What I do have sympathy for are the defendants who are battlers in the marketplace who are in a no win situation. Either win the litigation and face millions in legal fees or lose and face additional millions in damages.


There is some resistance coming from Broadcom, which has just filed a complaint due to damaging patent-licensing practices.

Broadcom, the US chip manufacturer, is preparing to land a new blow in its legal dispute with Qualcomm. In a press release, it says it has filed a complaint with the US District Court for the Southern District of California, in San Diego, against its competitor's patent licensing practices. The complaint invokes a recent ruling by the US Supreme Court which, in June, further restricted the scope of patents.


Any restriction on the basis of scope of patents may also include the elimination of software patents. We look forward to the Bilski ruling. It could make a huge difference and even defang Acacia or Intellectual Ventures, both a threat to Free software because of their Microsoft association and commercial existence as very large patent trolls.

Recent Techrights' Posts

Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
started as a rumour about January 2025
Electronic Frontier Foundation Defends Companies That Attack Free Speech Online (Follow the Money)
One might joke that today's EFF has basically adopted the same stance as Donald Trump and has a "warm spot" for BRICS propaganda
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 21, 2024
IRC logs for Saturday, December 21, 2024
Links 21/12/2024: EU on Solidarity with Ukraine, Focus on Illegal and Unconstitutional Patent Court in the EU (UPC)
Links for the day
[Meme] Microsofters at the End of David's Leash
Hand holding the leash. Whose?
Deciphering Matt's Take on WordPress, Which is Under Attack From Microsofters-Funded Aggravator
the money sponsoring the legal attacks on WordPress and on Matt is connected very closely to Microsoft
Gemini Links 21/12/2024: Projections, Dead Web ('Webapps' Replacing Pages), and Presentation of Pi-hole
Links for the day
American Samoa One of the Sovereign States Where Windows Has Fallen Below 1% (and Stays Below It)
the latest data plotted in LibreOffice
[Meme] Brian's Ravioli
An article per minute?
Links 21/12/2024: "Hey Hi" (AI) or LLM Bubble Criticised by Mainstream Media, Oligarchs Try to Control and Shut Down US Government
Links for the day
LLM Slop is Ruining the Media and Ruining the Web, Ignoring the Problem or the Principal Culprits (or the Slop Itself) Is Not Enough
We need to encourage calling out the culprits (till they stop this poor conduct or misconduct)
Christmas FUD From Microsoft, Smearing "SSH" When the Real Issue is Microsoft Windows
And since Microsoft's software contains back doors, only a fool would allow any part of SSH on Microsoft's environments, which should be presumed compromised
Paywalls, Bots, Spam, and Spyware is "Future of the Media" According to UK Press Gazette
"managers want more LLM slop"
On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
The future of newsrooms or another site circling down the drain with spam, slop, or both?
"The Real New Year" is Now
Happy solstice
Microsoft OSI Reads Techrights Closely
Microsoft OSI has also fraudulently attempted to censor Techrights several times over the years
"Warning About IBM's Labor Practices"
IBM is not growing and its revenue is just "borrowed" from companies it is buying; a lot of this revenue gets spent paying the interest on considerable debt
[Meme] The Easier Way to Make Money
With patents...
The Curse (to Microsoft) of the Faroe Islands
The common factor there seems to be Apple
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 20, 2024
IRC logs for Friday, December 20, 2024
Gemini Links 21/12/2024: Death of Mike Case, Slow and Sudden End of the Web
Links for the day
Links 20/12/2024: Security Patches, Openwashing by Open Source Initiative, Prison Sentence for Bitcoin Charlatan and Fraud
Links for the day
Another Terrible Month for Microsoft in Web Servers
Consistent downward curve
LLM Slop Disguised as Journalism: The Latest Threat to the Web
A lot of it is to do with proprietary GitHub, i.e. Microsoft
Gemini Links 20/12/2024: Regulation and Implementing Graphics
Links for the day
Links 20/12/2024: Windows Breaks Itself, Mass Layoffs Coming to Google Again (Big Wave)
Links for the day
Microsoft: "Upgrade" to Vista 11 Today, We'll Brick Your Audio and You Cannot Prevent This
Windows Update is obligatory, so...
The Unspeakable National Security Threat: Plasticwares as the New Industrial Standard
Made to last or made to be as cheap as possible? Meritocracy or industrial rat races are everywhere now.
Microsoft's All-Time Lows in Macao and Hong Kong
Microsoft is having a hard time in China, not only for political reasons
[Meme] "It Was Like a Nuclear Winter"
This won't happen again, will it?
If You Know That Hey Hi (AI) is Hype, Then Stop Participating in It
bogus narrative of "Hey Hi (AI) arms race" and "era/age of Hey Hi" and "Hey Hi Revolution"
Bangladesh (Population Close to 200 Million) Sees Highest GNU/Linux Adoption Levels Ever
Microsoft barely has a grip on this country. It used to.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 19, 2024
IRC logs for Thursday, December 19, 2024