Bonum Certa Men Certa

Microsoft Lobby Ups the Pro-Software Patents Propaganda

Nathan Myhrvold



Summary: Intellectual Ventures runs lobbying campaigns while Microsoft is working to ensure it can tax Android and Google is left defenceless

MICROSOFT is a major opponent of whatever it takes for GNU/Linux to win. It is easy to see why. Microsoft probably has the most lose. Just the other day we explained the point about CPTN as proof of Microsoft's hypocrisy when it complains about Google patents (same party line as Microsoft Florian the lobbyist). "Fascinating to see Goog's approach," writes Smári McCarthy, "Microsoft whines about possible #swpat [software patents] bullying"



Glyn Moody published this excellent rebuttal which says:

I've written plenty about why software patents should be resisted where they don't exist, and abolished where they do. But if I wanted further ammunition for my arguments I couldn't hope for a better example of software patent madness than what is happening in the smartphone sector.

[...]

Clearly, what Microsoft fears here is that Google might acquire the patents, and then threaten to cancel the licensing deal with Microsoft unless the latter halts its legal action against companies using Android as the basis of their products.

For Microsoft to complain is pretty rich, of course. Here it is, using patents to attack companies employing Android in an attempt to slow down the uptake of that rival to its own Windows Phone smartphone system. That's a clear abuse of the patent system to dissuade companies from signing up with a competitor (which, interestingly, it doesn't attack directly), rather than to protect real innovation (an aim that was thrown out of the patent system long ago.)

[...]

I mean, let's be consistent here: if you want to abuse the patent system, expect to be on the receiving end of similar abuse. On the other hand, rather more laudably, why not stop abusing, in which case you can take the moral high ground when others start abusing the system to attack you?


Microsoft is meanwhile trying to tax Android from many directions, not just Microsoft (directly). The goal is to make Linux more expensive than Windows. Intellectual Ventures, the world's largest patent troll (which is incidentally derived from Microsoft), is part of the Android patents shakedown and Nokia is probably next, as we correctly predicted. Walter Byrd dropped us these quotes from Microsoft's mole in Nokia, Stephen Elop. Following the deal with Apple [1, 2], which was also covered by the Bill Gates-funded BBC, Elop stated: "We are very pleased to have Apple join the growing number of Nokia licensees. This settlement demonstrates Nokia's industry leading patent portfolio and enables us to focus on further licensing opportunities" (and that comes just days after he named Android in relation to the iPhone). The Microsoft-controlled Nokia has turned into more of a patent parasite (maybe troll in the future) and Walter informed us that "Intellectual Ventures starts anti-reform campaign". Representing the patent troll in its Windows-powered Web site is Microsoft's former CTO. "Intellectual Ventures begins running radio ads equating patent reform with big bank thievery, on DC news radio. A new bill, HR 1249, called the American Invents Act, will scale back business method patents. Naturally, they are opposed (warning: PDF)" (We previously covered this joint lobbying for software patents, too). So... "radio ads equating patent reform with big bank thievery"... Microsoft got fined $40 million after it tried something similar. It was called "trial misconduct".

Let us remember that Intellectual Ventures is behind the patent which is now used to attack and thus deter iPhone and Android developers. Even the New Scientist covered this and there is now a "Bounty set for invalidating Lodsys patents". This patent from Intellectual Ventures leads lawyers to making a meme from Wilson's "Enough is Enough". Groklaw tackles this by hosting a post by Patrick T. Igoe, Esq. and providing further commentary while also showing that software patents which target Free software are in fact being revoked. Quoting Professor Webbink:

On May 19, 2011, the U.S. Patent and Trademark Office issued a Final Rejection [PDF] in the reexamination of Trend Micro's U.S. patent 5,623,600 (the "'600 patent"). Groklaw has covered the story of Trend Micro's assertion of this patent from early on, and many of our readers helped identify and contribute prior art relied upon in the reexamination. It strikes us as worthwhile to relay the history of this litigation and this reexamination as an object lesson of what can happen to a patent holder asserting a weak patent.


Trend Micro essentially attacked Free software at the time. There is no patents exemption for software just because it's "open source" and as one person in Twitter pointed out yesterday, "PHP infringes on DuFresne's patents (http://t.co/ng33kTs). Filed almost 1 year after PHP's first release."

In other patent news, Research in Motion has just been sued over patents:

Dolby has filed a lawsuit against Research in Motion for patent infringement, the audio technology company announced today.


One has to wonder what Nokia might do to Research in Motion, not just Google and/or Android distributors. Whatever it does, people are not foolish enough to forget that Elop is Microsoft's mole who is still a top Microsoft shareholder. Under his leadership, Nokia is a Microsoft slave, not an independent company. We've warned about Nokia since 2007 because of its patent policy. Regulators are hopefully watching these abuses from Microsoft.

Recent Techrights' Posts

Gemini Links 01/09/2026: Biscuits, Epstein Files, Power Users, and Alhena 5.6.8
Links for the day
Links 01/09/2026: Almost 5,000 Missing/Dead in Nepal-China Flood and Marijuana Factory Explodes
Links for the day
September at IBM: Silent Layoffs on Day 1
PIPocalypse at IBM
Last Month IRC Entered Its 39th Year and It's Still Growing (New IRC Networks)
There are 511+ known IRC networks
Links 01/09/2026: Climate, Disinformation, Microsoft Overworking People
Links for the day
Richard Stallman's Site Still Offline (Third Day), But Richard Stallman is Active Online
he is busy online despite his site not being accessible so far this week
PIP Layoffs at Microsoft, Even in India
Microsoft is trying to hide the true scale of the layoffs
Layoff Trackers Are a Sham, They're Like US 'Unemployment Data'
Layoff trackers are similarly misleading as they only measure what companies openly admit and register with WARN notices
The Peculiar Case of OSNews, Which Experiments With Slopfarming
It wasn't published in error. It has been there for two months.
Russian Federation is Removing Windows From Computers
Windows is going "out of fashion"
XBox CEO Has No Clue What She is Selling
Some people believe Microsoft will parcel and offload the whole "gaming" unit to some other companies
analognowhere.com and xkcd.com Selling Physical Copies of Webcomics
That's one way to support their work
PIP/GVSA at Microsoft: Mass Layoffs Disguised as Something Else
Microsoft is trying to cheapen the workforce because the numbers don't add up
Microsoft Lunduke Uses Twitter ("X") Because It's Algorithmically Designed to Boost His Worldview/s, He Ignores What "X" Is
Maybe all those people really deserve one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 31, 2026
IRC logs for Monday, August 31, 2026
Censorship by Threats
It should be noted that the Web site of Richard Stallman will soon enter its third day of downtime
In Romania, GNU/Linux Reaches 6%, According to Clownflare
Tomorrow we'll see the latest data from statCounter (for September)
Gemini Links 01/09/2026: Denali Park Train Trip, Crafts, and Community-Building in smol.pub
Links for the day
Microsoft Workers Doing 80 Hours a Week After Microsoft Culled Their Colleagues
there are days when they work 17 hours a day (barely any time left to sleep and eat) and work starts at 5AM
IBM Defrauds Shareholders With Fake News (Bribed Press) About "Quantum"
That says a lot about the state of "Tech Giants" and also the utterly shameless state of the media
Record Highs for GNU/Linux, Especially in the United States of America
the "market share" of GNU/Linux is about 9%, still about a third of what Vista 11 stands at
PIPocalypse at IBM
Silent layoffs
Spending Over a Million Bucks on Lawsuits Abroad When There's a Big Mortgage to Pay in America
Priorities, priorities...
Gemini Links 31/08/2026: Announcing ROOPHLOCH 2026, smol.pub Discussion, and LLM Plagiarism Engines Target Geminispace
Links for the day
Richard Stallman's GNU Turns 43 in 4 Weeks, FSF Growing
In a few weeks GNU turns 43
IBM's Cuts Are Worsening Security in GNU/Linux
IBM is still run by the same idiot who proposed taking over Red Hat
Microsoft: Work Weekends Too
Microsoft literally working its workers to death
Links 31/08/2026: Anthropic Sued Again for Copyright Infringement of Massive Scale, 'Tokenmaxxing' Shows Slop is a Worthless Liability
Links for the day
Links 31/08/2026: "Teslas Are Still Driving Into Oncoming Freight Trains" and "LLM Moats Quickly Evaporating"
Links for the day
Stallman Has Explained Slop is "Marketing Hype Campaign" and Torvalds Agreed. The Difference is the Bribes.
So be like Stallman
Debian Project Discards About 25% of the Votes on LLM Slop, Microsoft Votes in the General Resolution (GR)
"[t]he rules of the vote saw community members asked to rank each of the eight proposals. Just under 600 people voted, but Debian’s election team rejected many for unspecified reasons, leaving almost 450 valid votes to count."
Essentiality of Rest and Killing Oneself for Vicious Companies
Working for Microsoft is foolish
In the UK, Bing (Microsoft) Down to Lowest Level Since January
our tax money being passed to Microsoft via MoUs (back door deals with kickbacks)
SLAPP Censorship - Part 167 Out of 200: The Court of Appeal Might be the Next Step
Today is our last vacation day
German Government Sponsors IBM Because of GNU/Linux
Flatpak is sponsored by, run, and controlled by IBM
Richard Stallman Speaks to Christine Hall of FOSS Force, stallman.org is Down for Over a Day
interview does a good job addressing the hype about LLMs too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 30, 2026
IRC logs for Sunday, August 30, 2026
Gemini Links 31/08/2026: Holidays, Stream of Consciousness, and Posting Online
Links for the day
Anniversaries Next Month
The month should be otherwise quiet and uneventful for us
Coding is Not Obsolete
we drown ourselves in chaff to meet "LOC" objectives while ignoring everything else
Microsoft Layoffs Perpetual But Silent, People Pushed Out Using Pressure or Incentive Schemes
Earlier this month we named some of the programs
Links 30/08/2026: Apple Rant and LLM (Slop) Scrapers Target Gemini Protocol and Gopher
Links for the day
Salaries Are Counted in Money, Not in Participation in the Employer's Scheme
articles greatly exaggerating GAFAM salaries
Walls in Free Software
mind your own business and move on
Even Linux Cannot Cope With Slop
Bots on the Web are truly obnoxious
What a Summer!
Tomorrow is the last day of this month
Links 30/08/2026: Soldiers in Niger Attack Presidential Palace and Airport, Nepali City Struggles to Handle the Many Dead Bodies
Links for the day
Clownflare Sees GNU/Linux Rising to 11% This Past Week
Is it the year of "Linux in China"?
Links 30/08/2026: Russian Strike on a Ukrainian Warehouse and Rhetoric Escalations
Links for the day
Gemini Links 30/08/2026: Photography, Paper Books, Linux Kernel and the Debian Projects Permitting Slop Plagiarism
Links for the day
Imagine a World Where Nobody Fights for Software (and Computing) Freedom
The community keeps fighting back, so some of these ambitions are delayed or watered down
FSF Has Grown (More Staff) After a Year of Financial Growth
On October 4 the FSF turns 41
GNU/Linux Has Become More Mainstream in the United Kingdom
It's a long weekend here and we guess some people dabble in GNU/Linux migrations, at least at home
SLAPP Censorship - Part 166 Out of 200: Garrett Wasn't Found Innocent Per Se, the Court Wanted More Evidence of Who Was Behind Particular Accounts Using Tor
It's complicated
Criminals Don't Obey Laws, California Does Not Enhance Online Safety
It has been a while since we last mentioned so-called 'age-verification' laws
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 29, 2026
IRC logs for Saturday, August 29, 2026