Bonum Certa Men Certa

Architect of Microsoft's Patent Strategy Has Left the Building

Senjatrollet
The world`s largest troll, Norway



Summary: Marshall Phelps left Microsoft after equipping it with a software patents portfolio similar to the one he created for IBM

OVER a year ago we alleged that Microsoft's Marshall Phelps had failed to sign Red Hat on a patent deal and was therefore dismissed. The closest Microsoft ever got to 'taxing' Red Hat was its Amazon deal and maybe that case involving Acacia (assuming that Microsoft was a backer). As rightly pointed out in this new post, software patents are antithetical to software freedom.

Few topics can illicit a more guttural response from an open source advocate than the topic of software patents. In many respects they are the very anti-thesis of open source. In security there has been one particularly irksome patent that has bedeviled the industry for years and probably held back innovation and progress in gateway anti-virus technology. Now after all these years, as many have claimed in the past, the patent is on the verge of being over turned as invalid. The best news is that it very well may have been the open source community that showed it as invalid!


We now have it confirmed that Phelps left Microsoft and according to the following new article, Marshall Phelps left Microsoft after helping their anti-Linux strategy and doing similar work at IBM (which is also in favour of software patents). From Law.com: [via]

Last week, MDB Capital Group--an IP-focused investment bank that promises to help investors understand "the hidden value of intellectual property assets and future technological leadership"--held what it billed as its first annual "Bright Lights" intellectual property conference, bringing together IP-centric speakers from a variety of small and medium-size companies.

The Prior Art attended the opening panel, which included the heads of two of the largest, and most litigious, patent-holding companies—Erich Spangenberg and Paul Ryan, the CEO of Acacia Research Corp., the largest publicly traded patent-licensing company.

The panel also included representatives from consultancy ipCapital Group and RPX Corp., which buys litigated patents in order to strike deals between NPEs and operating companies, as well as IP guru Marshall Phelps. (Phelps is something of a legend for building IBM's legendary $2 billion patent-licensing operation; most recently, he helped Microsoft build up a patent-licensing operation before leaving the company last year.


When Phelps was in Microsoft they managed to sign the patent deal with Novell and later on he wrote a book on the subject.

Novell poses a risk to Free software [1, 2]. Novell's patents become ammunition against GNU/Linux itself and Nortel -- a company whose name is similar to Novell -- is in a similar situation: [via]

Nortel may raise $1.1 billion from patents



Nortel Networks Corp., the insolvent Canadian phone-equipment maker, may get as much as $1.1 billion (U.S.) for technology patents that analysts say would benefit potential bidders including Research In Motion Ltd.


Several days ago Florian Müller openly criticised the OIN, which is part of IBM's reason/excuse to keep software patents in tact. "Mueller calls OIN a scam," says the headline at ZDNet. It's an overstatement. It also says:

Much of what Mueller has been doing of late is setting himself as an active FOSS advocate, and that’s a good thing.


That's still in doubt (FOSS advocacy), but the agenda which favours abolition is clear and that's the right route to take. In his latest post he proposes a grading system for conduct, suggesting that companies get classified for their attitude towards software patents.

Harmfulness ranking of ways to use software patents



[...]

That trend isn't difficult to imagine. Just look at the current situation surrounding smartphones, a field in which there's now a number of lawsuits and countersuits among big players as well as different non-producing entities ("patent trolls") targeting large vendors.

In light of all that's going on, which ways to use software patents are more harmful than others? After giving it some thought, I have arrived at this harmfulness ranking:

1. most harmful: malicious strategic patent holders pursuing exclusionary/anti-competitive objectives

2. second-most harmful: non-producing entities ("patent trolls")

3. least harmful: cooperative strategic patent holders granting licenses to entire portfolios on acceptable terms

[...]

"Trolls" are a feature -- not a bug -- of the software patent system

The above subhead is a summary of a statement that Carlo Piana, a leading European FOSS lawyer, recently made on identi.ca/Twitter.

If one believes that certain general ideas should be "monopolizable" through patents, then it's a natural consequence that some will obtain (or acquire) patents and try to derive commercial benefits from them without ever creating their own products. Far be it from me to defend the concept of "patent trolls" -- I just want to point out that it wouldn't be practical to impose an obligation on every patent holder to make actual products. At the most it might be possible to limit the procedural rights of a non-producing entity to the right to be indemnified (excluding injunctive relief).


Companies that still defend software patents are not genuine proponents of software freedom. And yet, it is better to meet half way and accept the fact that companies can change over time.

“Other than Bill Gates, I don’t know of any high tech CEO that sits down to review the company’s IP portfolio.”

--Marshall Phelps

Comments

Recent Techrights' Posts

The UEFI hype and Microsoft's lies
By Sami Tikkanen
Over at Tux Machines...
GNU/Linux news for the past day
In Central African Republic Windows Has Pretty Much Fallen to Zero
We need to focus on Software Freedom
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
 
New Interview With Richard Stallman in Italy (Manuel Cuda News)
Due to Google's growing aggression against Free software and proper APIs, this cannot be downloaded and converted to a free format
The Free Software Foundation (FSF) Belatedly Comments on Case That Tests Copyleft in the United States
"The Free Software Foundation (FSF) announced today it has submitted an amicus brief in the case entitled Neo4j"
Paraguay: GNU/Linux Surging to New Usage Levels (7%), According to statCounter
Notice that the gains are at Microsoft Windows' expense
If They Try to Censor You on Some Topic, Then You Should Cover This Topic Even More
OSI is only a small part of it
IRC Proceedings: Monday, March 03, 2025
IRC logs for Monday, March 03, 2025
Thorsten Glaser & Open Source Initiative (OSI) resignations due to AI whitewashing
Reprinted with permission from Daniel Pocock
Gemini Links 03/03/2025: Copyrights, GrapheneOS, and SpaceBeans
Links for the day
Links 03/03/2025: Europe Rallies Behind Ukraine, Measles Flourishes in US Again
Links for the day
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025