Bonum Certa Men Certa

Federal Agents Unhappy About Microsoft's and Apple's Patent Strategy, Reversals Possible

Christian ParadisSummary: News about software patents that affect Free software and Android developers in addition to the increased backlash from the public and some people inside government

TECHRIGHTS is pleased to see the opposition to software patents growing. More people are made aware of the problems and they also speak out about these problems, sometimes passionately. Sooner or later we might all win this fight for sanity. It's definitely achievable if the population is on the right side and those in power (the monopolists, oligarchs, or whatever we may wish to call them) will perform an analysis and realise that the backlash from the public outweighs the benefits (protectionism) they get from software patents. It would not be a simple matter of altruism as that alone is never enough to make power-greedy people become more civilised and considerate.



Anyway, an Apple booster notes that the socipaths from Apple got Nortel's patents and we soon learn that the Canadian "Industry Minister [Christian Paradis, based on this report] tells Bloomberg he plans to look into Nortel patent sale under foreign investment law." Muktware even calls for a boycott following the outrageous sale:

Enemies of Google, the world's largest open source company, are acquiring software patents after patents through direct or proxy acquisitions. Earlier it was Novell's patents and now its about Nortel's patents. The companies which are acquiring these patents are not only known monopolists or abusers but have also been seen lately to discourage innovation and kill competition by using patents as threats.

One common player in these two acquisitions is Microsoft, a company which earlier tried to hide behind a consortium to acquire Novell's patents.

Microsoft has signed 5(+-) deals in a week with small Linux players over Android/Google Chrome. The details of the deals were not disclosed so we don't even know which patents Microsoft is using to threaten small companies with lawsuits forcing them to sigh such deals.

What is the guarantee that Microsoft or Apple will not use the patents that they acquired through these acquisitions to block innovation and kill competition in the market? Patents were meant to protect the inventor, but softrware patents are nothing more than a way to kill competition.


Regarding the government's action:



According to a report today by The Canadian Press, the auction may come under government scrutiny. Industry Minister Christian Paradis has reportedly asked his department to examine how the Investment Canada Act could apply to the auction. If the auction us found to be reviewable under the act, Paradis could potentially block the sale if it's found to not be a “net benefit” to Canada.


Groklaw's Webbink wonders why the US DOJ and FTC are missing in action:



Last year the big news was that Attachmate was buying Novell, but that Novell's patent portfolio was being sold separately to a little known buyer named CPTN Holdings LLC. It was known that Microsoft was one of the companies behind CPTN, but then it came out that CPTN was not just a single company, it was a consortium, and more importantly, it was a consortium of competitors. Included in the CPTN fold were Microsoft, Apple, EMC and Oracle. Their common enemy? Google.

But Google was not the only entity concerned about this alliance of the largest companies in the information technology sector, almost all of which compete with each other on some level. The Free Software Foundation and Open Source Initiative filed complaints with competition authorities in the U.S. and Germany. In the end German and U.S. competition authorities extracted changes in the transfer, ownership, and licensing of the Novell patents to assure a level playing field that allowed room for free and open source software.


So where are they now that Nortel's patents cast doubt on fair competition? This is a lot worse than CTPN, but as we demonstrated before, the federal system is inherently corruptible and tilted in favour of the USPTO (which is a sibling of sorts)

As the Australian press puts it this week, it is a lot worse, and to quote verbatim:

New legislation shows how much sway banks have over Congress, writes Andrew Ross Sorkin.

WALL Street often tries to play down its influence in Washington. As the US Congress pushed through financial regulations that seemed to get watered down last year, Wall Street's chief executives tried to suggest, somewhat surprisingly, that their highly paid lobbyists did not have much sway.

If there is still any question about how much power Wall Street actually has in Washington, here is some fresh evidence worth examining.

In a piece of legislation recently passed by the House of Representatives and the Senate to revamp patent law, a tiny provision was inserted at the last minute called section 18. The provision has only one purpose: to allow the banking industry to skirt paying for certain important patents involving ''business methods''.


Here is a report of interest about the position Google is in. Google should really spend that famous "Pi Billion Dollars" on abolishing sofwtare patents, not acquiring some. But this is how Bloomberg puts it:

Google Inc. (GOOG)’s loss in bidding for the $4.5 billion portfolio of Nortel Networks Corp. patents last week means the Internet-search company will be looking to buy other inventions to build a bulwark against lawsuits targeting its Android system, patent brokers said.

“There are a lot of phenomenal portfolios for sale,” said Dean Becker, chief executive officer of ICAP Patent Brokerage in Palm Beach, Florida, the world’s largest patent seller. “Every operating company is in the market because of the expense, distraction and the potential financial risk of patent litigation.”


Google ought to just quit this conformism and do what is right for the population as a whole -- that is -- ending software patents. We urged Google to do this many times before and we shall continue to do so.

Meanwhile, Microsoft goes to companies that are partners (like Samsung and HTC) for a tax on Android and the Linux sites are finally starting to wake up [1, 2] and cover such shocking news that changes the whole way software is made and sold. Tim and I talked about this in last night's TechBytes episode. See the show notes from Tim.

HTC pays Microsoft for Android and Apple sued HTC using software patents. HTC picks up some patents now, maybe for defensive purposes (e.g. against Apple).

It is mostly Apple that is going to lose from Android's growth, but Microsoft is ahead of Apple when it comes to extortion although they increasingly collaborate in their patent attacks on Linux. The Linux-hostile and pro-Microsoft lobbyist is doing what he can to spin the news. Yes, he is a lobbyist, not an analyst (he also told me that he has had 4 clients this year but refused to name them). "Thumps [sic] up, Apple," writes the lobbyist, "for buying the Nortel patents. Thumbs down, Google, for not doing so."

Wait, what?!

Well, coming from the same lobbyist who reposts many other Google-hostile articles and tweets, even some from Rob Enderle and other Microsoft boosters (also celebrating patent extortion against Android) this week, this oughtn't be too shocking. He also found friends like Miguel de Icaza and one can call him a liar for painting Google as the "bad" party for being the victim of Apple's patents acquisitions (if anyone is bad here, it's Apple). This is part of a pattern we explained here before -- even when Google is victimised, it is still the "bad" party in the eyes of Microsoft Florian.

One has to be very dishonest to carry on with this spin. I spent a lot of time yesterday and the day before that challenging him in Twitter. The more he speaks, the uglier his activity seems. He probably enjoys the attention, but nevertheless, lobbyists like him need to be exposed, just like Zuck; otherwise, their posturing (e.g. as an 'analyst' or 'activist', even though he has no qualifications in this area) might fool some reporters who are being mass-mailed.

Last month we showed Florian pushing Lodsys' agenda by urging developers to pay the patent troll. He turned out to be wrong when Apple stepped in. Well, he tells them to give up -- the same defeatism on which he was wrong before. How can anyone takes him seriously? Just because he is mass-mailing people with publications and blogs does not mean they should just publish it and that others should take him seriously.

Groklaw has this update on the case:

Another day and three new declaratory judgment actions against Lodsys with respect to the four patents it has been asserting. While one of the three new actions is in the Northern District of Illinois, where several of the other declaratory judgment actions have been filed, two of them are in new venues - one in Arizona and one in the Southern District of California. This changing of venues is important. While Lodsys may seek to consolidate the cases in the Northern District of Illinois for the sake of efficiency (and saving Lodsys attorney's fees), Lodsys will likely have to defend in each of the other jurisdictions where a declaratory judgment action is filed, thus increasing the cost of defense as local counsel is retained in each case.


One of the latest to be attacked is the New York Times and over at Forbes, Martin Zwilling writes that software patents have become a "tax on innovation", citing the Lodsys saga:

I always advise software startups to file patents to protect their “secret sauce” from competitors, and to increase their valuation. The good news is that a patent can scare off or at least delay competitors, and as a “rule of thumb” every patent can add up to $1M to your startup valuation for investors, or for M&A exits (merger and acquisition).

The bad news is that patent trolls can squeeze the lifeblood out of innocent and unsuspecting entrepreneurs, as exemplified by the current mess around Lodsys patent No. 7222078. This patent holding company is charging infringement and demanding royalties from every app developer for the iPhone and Android, for a feature most agree has been in apps for many years.

Yes, the software patent process is a mess. I say this with conviction even after I survived the process, and have a software patent pending. Consider this list of commonly recognized software patent flaws, as summarized from my research, Paul Graham’s “Are Software Patents Evil?” essay, and the most recent “Enough is Enough” article by VC Fred Wilson, sparked by the Lodsys case


AP speaks of a story we have mentioned for a while about automobiles becoming victims of software patent litigation too, raising the cost of vehicles. Here is another take on it (less formal):

According to AP, the lawsuit centres on patents involving software and electronic components that are used in features to make phone calls, play music and access navigation tools with vocal commands.


As we noted a while ago, the developer behind Winamp made his stance clear on this quite recently (his take became popular this week for whatever reason). The opposition to software patents grows, thanks in part to Lodsys and the patent it got from Microsoft's former CTO. We need to keep fighting the enabler of monopoly abusers, not just the monopoly abusers themselves.

Comments

Recent Techrights' Posts

European Patent Office (EPO) Series: Legal Concerns and Suspicions of Irregularities
complaints submitted to OLAF
GAFAM and IBM Dying in Massive Debt, Hence the Mass Layoffs (Increasingly Silent Layoffs That the Media Fails to Mention)
the integrity of this economy is only as good as its leaders or those who govern the market
SLAPP Censorship - Part 134 Out of 200: What "Majority Rules" Tell Us About the Litigant
we press on with this series
Overshoot Day Sites That Contribute to the Problem
Some of these are not even accessible (at all) without JavaScript
As Expected, Facebook Collapses, Microsoft Hides Massive Debt
GAFAM is a giant mountain of debt
Staff of EPO Cautions Against Unlawful Weaponisation of PIPs Against Industrial Actions That Protest Corruption
PIP-like sanctions against anybody who does not toe the line of Cocaine King?
 
More Fake News From (and for) IBM, Nobody Ever Held Accountable for Fraud
Companies that turn a blind eye to their own corruption end up recruiting more corrupt people and sacking those who object to the corruption
Links 30/07/2026: Smol Document Server and More PalmOS-ing
Links for the day
Links 30/07/2026: Microsoft Refuting Its Own Slop Hype and "Amazon Is Gutting Its Hey Hi (AI) Division" (GAFAM Bubble)
Links for the day
Today The Register MS Published "AI" Spam and Fake Article by "Senior Technical Marketing Engineer"
unethical practices
Cult inquiry parliament leak fallout
Reprinted with permission from Daniel Pocock
Techrights Will Always Protect Sources
Our #1 priority is sources
The Era of Silence
So stay silent, remain hidden
TheLayoff.com Deletes Comment That Called IBM's Previous CEO, Ginni Rometty, "Gin 'n Tonic"
It is hard to believe the comment was deleted for being a duplicate (in another thread)
The Mainstream Media Continues to Overlook or Intentionally Ignore Hundreds of Billions in Hidden/Secret Microsoft Debt
the issue is that Microsoft's crisis is a lot greater and broader than this
Microsoft May Have Gotten Rid of 8% of Its Workforce This Month
It's hard to know what's really going on because there's no transparency due to NDAs
Links 30/07/2026: "Age of Irrationality", Google Losing Money, and "House of Ellison is on the Brink"
Links for the day
Gemini Links 30/07/2026: Homeworlds Notes and Manuscript Submitted
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 29, 2026
IRC logs for Wednesday, July 29, 2026
At The Register MS "PARTNER CONTENT" Means Company Writing Fake Articles About Itself and Its Own Products
At The Register MS, content-farming has become a thing
IBM, Running Out of Things It Can Sell, is Selling Software Patents
IBM is not just pathetic; it's actively harmful because it lobbies for software patents and spreads software patents around
Gemini Links 29/07/2026: Star Trek, Retirement, and ODEs in GNU Octave
Links for the day
Links 29/07/2026: "BuzzFeed Lays Off 33 Percent of Remaining Staff" (Trying LLM Slop Some More), Scam Altman Mocked by the Media
Links for the day
GNOME Curated and Censored by IBM (Under the Guise of "Code of Conduct")
Felipe Borges (IBM) has just posted a follow-up
Digital Mass Surveillance as a Hallmark of Failed Societies
"small leap forward in tech ethics"
I Found a Typo, Don't Vote!
Social control media isn't good at adding any meaningful signal
Jeremy Sands Explained the Harms of Codes of Conduct
next week the 500th show milestone [is reached]
Tonight's Earnings Report From Microsoft and Facebook ('Meta') Will be Faked Because They Hide Almost a Trillion Dollars in Debt
The US economic system is only as honest as the people who govern it
The Vacuum Syndrome
Parables help
The Only Old People Who Can Survive IBM Are the CEO and His Circle of Enablers
very similar to what's happening at the EPO
The 'Church' of Moglen/Stallman
'reunion' with Eben Moglen
Microsoft Layoffs Aren't Done Ahead of the Need to Tell Shareholders About "Efficiency" (Tonight)
Microsoft layoffs won't be "Done" until what's left of Microsoft is "None"
Microsoft Lacks Growth. Ahead of 'Results' The UK's Competition and Markets Authority (CMA) Finds Merit in Allegations Slop is Microsoft's Excuse for Price Hikes (Piggybacking Vendor Lock-in).
At this stage it's not hard to see why many nations gravitate away from Microsoft
Parliament leaks confidential cult inquiry witness contact list (COFG Victoria)
Reprinted with permission from Daniel Pocock
Troll-Feeding is Time-Wasting
in social control media
WordPress is Technical Debt
There are a number of technical tasks underway and maybe some testing (this coming weekend or later)
Will Red Hat Still Exist in 2027 or Just Become a "Brand" at IBM?
Whistleblowers told us IBM was laying off about 500 Red Hat engineers earlier this year
Call for IBM Whistleblowers
If you work for IBM and have something material (like balance sheets) to prove financial misconduct, please try to 'touch base' and establish a secure communication channel we can both use
EPO Series on EU and Pan-European Corruption, Vote-Rigging, Extending Beyond the EPO Itself
By Saturday it will be August already, so we'll start preparing for Rianne's birthday
SLAPP Censorship - Part 133 Out of 200: Lies by Omission
As usual, the other side wants people to ignore how much they lost
European Patent Office (EPO) Series: Streamlining the Decision-Making Process
Negrão was one of 17 applicants for the position but he somehow managed to end up as the sole candidate on the shortlist prepared by the Management Board in June 2020
Links 29/07/2026: "Hugging Face Has a Deepfake Nudes Problem" and "$1.5B Anthropic Copyright Infringement Ruling" (Plagiarism is Not "Training")
Links for the day
Comments on Today's Judgment
It hopefully helps clarify what actually happened
Microsoft Has Fallen to #3 in Singapore
There are many technically talented people in Singapore or overseas workers who lodge in Singapore
Thank You, Andy
Burnham and "Tech Rights"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part II - 77 Messages Sent, Did Not Even Investigate or Examine Any of the Actual Evidence (British Taxpayers' Money Wasted)
SRA has become known (even notorious) for inaction
Inevitable Politics
In technology, provided the work you do has growing impact (we served almost 2 million requests yesterday), things will inevitably become more political - whether you like it or not does not matter
Not Only "Loonies Take on Farage"
pretending that the opposition to the right wing is "Loonies"
Brigading Against Women - Part I - Bypassing the Legal System by Threatening Companies in Another Continent
In the next part we'll begin to connect Lozza's online activities (and court activities) to those of Garrett
IBM is Trying to Turn Debt (Borrowed Money) Into Fake Growth and It'll Worsen Matters
they put in their balance sheets a fake "growth" in something that does not even exist
Microsoft Relies on Misleading Narrative of Studios Going 'Independent'; in Reality There Are Mass Layoffs in Them
This is not a good narrative for Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 28, 2026
IRC logs for Tuesday, July 28, 2026
Gemini Links 29/07/2026: Arosa, Tired Tuesday, and Constellation Browser
Links for the day
In IBM, PIPs and RAs (Layoffs) Have Become Almost the Same Thing, Workers 'Expire' With Age (Seniority, Experience) and Empathy is Punishable by Termination
IBM does seem like a dead company
At Microsoft, PIPs Are Sometimes Known as "LITE" (a Silent Layoffs Legal Hack or a Shrewd Workaround to Skirt WARN Act)
Zero "layoffs" to report
Gemini Links 28/07/2026: “Strategies Against Algorithms” and DIYers
Links for the day
"Social Dialogue" With the Man Who Never Faced Real Competition at the European Patent Office (EPO), He Buys the Voters and Eliminates Rivals
Will the "Pretender" write back?
Digital Restrictions (DRM) and Microsoft: What Kills XBox Will Kill Windows Next
Microsoft wrongly and very arrogantly assumed that users would tolerate everything it throws their way
GNU/Linux in Afghanistan Reaches 7%
For many years it was stuck at less than 1%
Greenwashing Corruption With a "Chief Sustainability Officer", Who Infamously Defended Battisetelli's Crimes at the EPO and Petitioned for Him
She was rewarded for conspiring against EPO staff, as usual
What I Explained to Police About Blackmail and Death Threats via Burner Accounts (a Practice Which Generally Constitutes a Crime)
Today I've communicated several times with police
Links 28/07/2026: "People’s Claude Chats Are Publicly Accessible Online" and SpaceX Stock Crashes Like Its Products
Links for the day
UK tech sector missing from democratic process
Reprinted with permission from Daniel Pocock
How Not to Cover Elections (Democracy Relies on Reliable, Complete Information)
Misinformed voters are a recipe for disaster
Microsoft E.E.E. (and "Bait and Switch") Going Exactly According to Plan
That is what they are trying to tell us and the companies that employ us
IBM: An Old Company That Hates Old People
Remember that's coming to Red Hat workers in 2 months
Strict Policy on Violence and Violent Language
This matter is now being escalated to law firms
Avoiding Discrimination Against People With Disabilities
work underway to improve the system which runs the sites
Links 28/07/2026: XBox DRM Doomed Everyone (Cannot Play Anything), Slop (Ponzi Scheme) Being Pinkwashed Now
Links for the day
Gemini Links 28/07/2026: Ethics, GIMP Script-Fu, SMTP Versus Gemini, and Proposal for Better TOFU
Links for the day
To a Sociopath, Ethical People Are Bad People. Don't Fall for It.
If you put sociopaths on a pedestal, the pedestal will break
Improving the Static Site Generator
Our system has fixes triaged
Diversity in Debian
bringing up the topic is the real problem, diversity itself is a taboo subject
GNU/Linux in Brazil. The B in BRIC(S).
the "market share" is assessed to be around 5%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 27, 2026
IRC logs for Monday, July 27, 2026