Bonum Certa Men Certa

When Microsoft and IBM Met Intellectual Protectionism

"There is much pleasure to be gained from useless knowledge." —Bertrand Russell



Lou Gerstner



Summary: How Microsoft tries to replicate IBM's patent hoard (but for offensive purposes) while the USPTO continues assisting

Microsoft and IBM are poster children to a system which thrives in fostering giants and crushing everyone else. The USPTO, for example, enables former superpowers like IBM (and then Microsoft) to maintain monopolies without offering a lot in terms of value (advancement, innovation, competitive prices). Google, for example of contrast, is too young for 'patent welfare', so unlike Microsoft and IBM it does question the unjust patent system. "The Troll In The Basement" is the title of this silly new article which says things like: "Falling prey to patent trolls (firms that use the nebulous world of software patents) is commonplace for even big names.



"One of the methods of combating the trolls is to turn into a patent mill. IBM and Microsoft are issued several dozen patents ever so often just to combat legal battles waged by patent trolls."

"The USPTO, for example, enables former superpowers like IBM (and then Microsoft) to maintain monopolies without offering a lot in terms of value (advancement, innovation, competitive prices)."That's utter BS (pardon the language). Microsoft uses these patents offensively and cannot use them back against patent trolls as they have no products that can potentially infringe anything. It makes the argument total BS, but this type of BS gets repeated so many times by patent lawyers and the monopolies which they represent. Let us remember that the USPTO is guarded and headed by an IBM veteran (pro-patents person) and just like in the Gates Foundation, Big Pharma bigwigs run things and ensure that monopolies are protected by the USPTO. Mike Masnick reports "Revolving Door Between Gov't And Industry Continues: Pharma Lawyer Goes To USPTO As Gov't Financial Regulator Goes To Wall St."

The level of regulatory capture between the government and industry is really quite sickening these days. There's a revolving door where government officials go work for industry and vice versa, with plenty of back-scratching in both directions. Two separate stories crossed my desk at about the same time, highlighting this in both directions. First up, it's really no surprise that one of the pharma industry's favorite lawyers has just become deputy director of the US Patent Office. Of course, the pharma industry is one of the more aggressive ones when it comes to expanding the power of patents, and abusing them to block innovation in healthcare. Now they have another person on the inside to help.


This is just so typical. Those who run the USPTO are exactly the same people who arrive from companies which are USPTO beneficiaries. The fox guards the hen house, declaring poultry to be a national dietary priority.

The whole situation with regards to intellectual monopolies is truly concerning and it is going further out of control, harming both small contenders and free software. Dr. Glyn Moody has just submitted lengthy feedback to the UK independent review of so-called 'IP' (also inclusive of copyrights, which are related to it). From the summary:

The possibility that non-commercial sharing of digital content actually promotes growth, as reflected in the healthy increase of content sales in recent years, rather than damaging sales as frequently claimed by the content industries in their partial and one-sided reports, is a central issue here. If this dynamic is at work, it would dramatically affect views on whether non-commercial file-sharing should be permitted or not, and have major implications for the implementation of the Digital Economy Act. This suggests that large-scale and fully independent research into this area should be an urgent priority before further decisions and actions are taken.

If such research confirms the preliminary results reported above, one of the best ways of supporting growth and innovation in the UK would then obviously be to allow the free non-commercial sharing of digital content.


Patents and copyrights are both monopolies and to some degree they are exclusionary (although modernising the law can mitigate the issue). People need to decide whether they want to live in a world with supposedly benevolent monopolies or in a world with a lot of competition and many contenders. It is clear what the USPTO's role is.

'“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 (the man who built patent walls for IBM and then for Microsoft)

Recent Techrights' Posts

How to Tackle Corruption Effectively and Gradually
In my personal, humble experience
European Patent Office (EPO) Series: A Tale of Two Antónios
"Campaign for the Re-Appointment of the President"
 
IRC Network OFTC is Shedding Off Servers
Down to 17
Julian Assange's Counsel Jennifer Robinson Has Just Won an Award
Jennifer Robinson is relatively young
Schweizerische Bundesbahnen (Swiss Federal Railways) and Richard Stallman
It seems like RMS is receiving endorsement or at least belated recognition from very high-profile institutions
Almost 30 Years After Rob Malda Made Slashdot It Still Inspires New Implementations
Maybe the issue isn't Slash per se, just the complexity of it (which SoylentNews complained about in the past)
Links 02/06/2026: "The Infosec Phrasebook", 'Perfect Randomness' and "Leaving the Tech World Professionally"
Links for the day
Faking Demand for Slop: Google's Search Prompt Becomes Slop Prompt (Bait, Switch, Fake Usage)
If there is no consent, then it's unsustainable
When You Give People (or Companies) Money to Buy Your Own Products and Then Call It "Revenue"
A lot of modern "economics" don't benefit ordinary people (all they get is high inflation rates); they're devaluing money by faking economic activity
IBM is Self-Detonating, the Cheeto-Infused Rally is Another Con by Don
pump and dump
"Quantum" as the "Next Big" Bubble
disappointing and delivering nothing
Links 02/06/2026: "$1.5 Trillion Defense Budget Benefits Billionaire Cheeto Mussolini Supporters", US "Plans to Criminalize Sleeping Outside"
Links for the day
Gemini Links 02/06/2026: Organising Oneself and Killing Off Distracting "Notifications"
Links for the day
SLAPP Censorship - Part 95 Out of 200: The Growing Risk of Tolerating Men Who Abuse and Physically Assault Women
FOSS should not be a "safe harbour" or "hideout" for criminals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 01, 2026
IRC logs for Monday, June 01, 2026
Rust is a Disaster for Both GNU and Linux, But 'Linux' Foundation (GKH) Keeps Promoting It Despite the Problems
And non-GPL licences
IBM's CEO and his "pump and dump scheme" ("Arvind's lies about quantum")
Don't be misled by Wall Street
Gemini Links 01/06/2026: Xylophone Essay, Ham Radio, and Slop Contaminating USENET/Newsgroups
Links for the day
Links 01/06/2026: Patent Applicant Disclosures Drop After the January 2025 IDS Surcharge, "China Exports Surveillance"
Links for the day
Links 01/06/2026: Irreversible GAFAM Bans and "The Pirate Bay Remains Resilient"
Links for the day
Running and Writing Sites for People, Not Bots (Including Search Engines)
Had those sites spent more time focusing on RSS feeds (not social control media "games") and less on SEO (trying to game search engines), they wouldn't be sobbing now
SBB, the Swiss Railroads, Want to Hear Richard Stallman
Can Dr. Stallman persuade key decision makers to adopt not only "Linux" but also Software Freedom (not the same thing), as he did in South American before? Or like he did in Kerala?
Resumes and Vanity Pages
Wikipedia is fast becoming a glorified marketing company
Trusting Microsoft is Foolish
Mr. Rossmann says they "gaslight customers" in their Web site, but it goes a lot further than this
Techrights in a Nutshell, in Very Generic Terms
"for dummies"
SLAPP Censorship - Part 94 Out of 200: SLAPP by Garrett's Litigation Buddy Started 20 Months Ago, He Has Not Even Put in His Defence Yet!
This is what happens when one deals with incels and misogynists who promote slop and Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 31, 2026
IRC logs for Sunday, May 31, 2026
Gemini Links 01/06/2026: Buckingham Palace Garden Party, TUI Annoyances, Lateral Thinking with Withered Technology
Links for the day
Links 31/05/2026: Heat Wave Grips France and Edgar Morin Dies
Links for the day
Gemini Links 31/05/2026: Backup vs. Mirror, Year of the Death of a Euphemism, Slop Makes Only Yet Another (Untested) Calculator
Links for the day
IBM Red Hat Has a Long History or Track Record of Misusing Trademarks to Send Lawyers to Try to Take Down Pages and Web Sites of Critics
Red Hat claims to own words; IBM thinks it owns names
Richard Stallman is Coming Back to Bern to Give a Talk Next Month
another big talk coming up
Gravitating Towards What Your Role in Society May Be (or What You're Truly Good At)
Many IBMers already realise that they spent years if not decades of their lives working on mostly meaningless products/projects
900 Days Later
900 days is a very long time (almost 1,000)
Cybershow Requires Free Software to Record Shows
Cybershow is run by people who understand that without Software Freedom there can be no sovereignty
Losses at Microsoft's GitHub Seem to be Deepening
How many billions of dollars has Microsoft lost by betting on the false prediction that it can somehow "monetise" public code by LLMs?
Links 31/05/2026: Slop 'Code' (Junk) "Increasingly Leads to Production Failures" and "Huge Slop Costs With No Clear Benefits"
Links for the day
European Patent Office Strikes Intensify Tomorrow, Huge Strikes Planned for June, 10,000 Strike Participations Registered
Campinos may well be ousted soon
SLAPP Censorship - Part 93 Out of 200: A Blueprint of Reckless Lawfare in the UK, Waged and Funded by Americans (in Another Continent)
Lawfare powered by slop companies (including Microsoft) from America, targetting British people who consistently oppose slop because it's objectively terrible
Links 31/05/2026: Watershed Moment, Traveller RPG Book Binding, and GUI Annoyances
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 30, 2026
IRC logs for Saturday, May 30, 2026