Bonum Certa Men Certa

Microsoft is Stockpiling and Also Buying More Patents While Microsoft's 'Buddy' Finjan Extorts McAfee With Software Patents

Victoria and Disraeli cartoon



Summary: Microsoft's new direction continues to include "enforcement" (as in aggression) with software patents and Finjan, which Microsoft partly owns, is just attacking companies with software patents because it's failing as a real business

MICROSOFT is having real problems which we wrote about this morning [1, 2, 3]. The company needs to find new sources of revenue and patent racketeering [1, 2, 3, 4, 5, 6, 7] is just one possible source that would render Microsoft a "patent troll" if or when it gives up on Vista Phony 7 [sic] for example.



A Microsoft-sponsored site from Seattle says that Microsoft has just acquired 44 patents that could be applied in the mobile phones market (where Microsoft is said to have just around 5% market share):

Microsoft's agreement to acquire Canesta Inc., confirmed late last week, will give the Redmond company 44 patents and about two dozen patent applications covering various ways of enhancing a computer's senses -- including gesture recognition, depth perception, and real-time camera and sensor calibration. Taken as a whole, they show how Microsoft could give users new ways of interacting with future versions of its PC and mobile operating systems.


This would enable aggression against rivals even if Microsoft quits this market (or never explores it at all). Microsoft need no longer feel ashamed of being viewed as a parasite. The company is already perceived that way among those who know better and having funded SCO, it is clear that Microsoft also feeds some other parasites. Speaking of parasites, the other day Groklaw wrote about one of Brian Proffitt's articles: "If Oracle yearns for the title of Community Parasite, formerly held by Caldera, now SCO, they can follow this course. But how well is Oracle's Linux doing? It's really hard if you are used to thinking in proprietary ways to see the value in sharing, but there is value."

“Microsoft need no longer feel ashamed of being viewed as a parasite.”Oracle is also said to be agitating HP at the moment, after Oracle hired Hurd who had been ousted by HP [1, 2, 3, 4], only to be replaced by a possible Microsoft mole, Apotheker [1, 2].

Techrights will be writing more about Oracle in the future. As long as Oracle still maintains and distributes some valuable Free software projects like OpenOffice.org and VirtualBox, however, Techrights prefers not to slam Oracle more than reasonably (what's absolutely necessary). When it comes to patents, Oracle is a problem only when it comes to Android. The case is quite unique though and no claims are made about Linux in Android. Compare that to Apple's and Microsoft's patent lawsuits against Android distributors. A few days ago we wrote about the ITC taking Nokia's side over Apple's and argued that it can be good news for Android (ensuring it's safe from embargo).

Microsoft's own patent attack on Linux/Android/Motorola is now reaching review stages at the ITC, say several publications [1, 2, 3, 4] and an older article titled "Redmond's Anti-Android Patent Trap" gets reposted by ECT. IDG's Paul McNamara meanwhile blogs about "Microsoft patents 'record button on a computer system'" (we covered it in [1, 2]) and he argues that "at least one patent expert says such muttering may be unwarranted in this case. (Unlike with Microsoft's patent on a "butt hinge with integrally formed butt straps," which proved to be not only funny but erroneous.)"

“The matter of fact is that some years ago Microsoft recruited the likes of Marshall Phelps to help the company mooch other companies just like IBM does.”These apologetics are expected from IDG. The matter of fact is that some years ago Microsoft recruited the likes of Marshall Phelps to help the company mooch other companies just like IBM does. Microsoft wants to make money without producing quite so many products and it even promoted Horacio Gutierrez, a leading person in Microsoft's extortion crusades (including those against GNU/Linux). Microsoft is now employing the meta-industry not of engineers but of lawyers like this group which built a business model around patent litigation. How appalling. To Microsoft, it's about quantity, not quality.

It is not too shocking that even Microsoft buddies like Finjan [1, 2, 3, 4, 5, 6] (Microsoft connection to Finjan was last covered here a long time ago and it's still a major shareholder) are resorting to just patent lawsuits, the latest of which was won by Finjan and forces McAfee to pay Finjan $13 million (for code that Finjan has absolutely nothing to do with). As Fahmida Y. Rashid put it last week, "Federal judges deny McAfee’s appeal to overturn the verdict in the patent infringement lawsuit with Finjan which would require it to pay more than $13 million in damages."

Why is the company just suing? Well, according to Wikipedia (maybe not be accurate in this case due to lack of citations), "In 2001, the company ran into financial difficulties and Touboul [founder] was asked by the board of directors to rejoin the company as CEO. Touboul realigned the company's strategy, moving away from developing only software solutions to combined hardware and software security appliances; additionally, the company moved to a channel sales model. But in 2005, following disagreements with the board, Touboul left again and started a new company Yoggie Security Systems." The company was just sold last year. It probably helps show how patents are a loser's game and everyone in this game loses, except lawyers perhaps.

There is more in Bloomberg and the official court documents.

Welcome to a world of software patents -- a world where money can be made without writing a single line of code or shipping a single product. This is apparently the type of world that Microsoft and its ilk hope to thrive in. They can't play fairly. Microsoft never could.

“That’s extortion and we should call it what it is. To say, as Ballmer did, that there is undisclosed balance sheet liability, that’s just extortion and we should refuse to get drawn into that game.”

--Mark Shuttleworth

Recent Techrights' Posts

Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
 
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
"But Corruption is Everywhere"
"We'll always have Polio..."
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
The Register MS: Don't Use Linux
That really says a lot about The Register MS
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025