Bonum Certa Men Certa

Rage Against the Masochist

Nathan Myhrvold



Summary: Public opinion is quickly shifting against patents after a National Public Radio (NPR) piece and also some highly excessive activities from a shell troll of Nathan Myhrvold (shown above)

WE have just written a summary following the NPR coverage that led to some very strongly-worded comments about Microsoft's patent troll who is the world's biggest patent troll. A lot of people were not quite aware of the seriousness of this issue.



Professor Webbink has this theory about what Lodsys is doing with Myhrvold's acquired patent (that he passes around for other non-practising entities to sue and absorb the bad press):

To really understand why Lodsys is doing what it's doing, we thought it would be worthwhile to ask a patent lawyer to explain it, so we contacted Patrick Igoe, the lawyer who writes the Apple Patent blog and who has pointed out some real weaknesses in the Lodsys patents.

Why, we wondered, was Lodsys first going after the little people, so to speak, first and now hitting up Rovio and Electronic Arts? Is it like SCO, lots of headline seeking, hoping people will be so scared they'll just pay them to stop? Is it all just so much "legal" theater, in other words, with analysts popping up and advising the little people to settle with Lodsys? I gather that didn't work. If Lodsys was following a traditional playbook and hoped to use any licensees as a foundation to next go after the big fish, are they now acknowledging that failure and heading for the deeper pockets, in hopes that will work better?

And why only claim 27 of the '545 patent, which is what Lodsys is alleging is infringed? What is claim 27, anyhow? How could a game violate it?


The head of the FFII meanwhile discovers that 'Amazon [is] sued for patent infringement over transactions using "a receipt having payment remittance information."' He also links to this item of news about Lodsys attacking Angry Birds -- a subject that even the BBC covers right now:

But here is what I would want to have asked him. Is a system that appears to reward those who acquire patents and hire lawyers and punish those who simply try to make things really going to encourage innovation?

My contact is certainly not doing much innovating right now - he's too busy worrying about the threat of an expensive lawsuit.


That comes from Rory, who in the past did a lot of Microsoft promotion. Maybe he softened with age. Either way, the news might not be so bad for Brits. After all, it is US-based users who are likely to be prevented access to software and Britain might also see developers leaving the US and come to a haven from patent trolls, a haven such as the UK (provided they don't sell in the US).

As a direct result of NPR coverage, "Intellectual Ventures: Another American Mafia story" was published by Stefano Maffulli. "Intellectual Ventures is the company behind Lodsys," he explains, "the company suing independent iPhone app developers for a silly patent violation. Lodsys has no employees, it's not making any product, it's not producing any innovation. It sues people that create jobs and deliver products.

"Did you think that patents were introduced to foster innovation? To give an incentive for inventors to bring new products to the society and solve problems? Think again. Companies like Intellectual Ventures are just a problem for startups and innovators. Venture investor Chris Sacca even said to NPR reporters that these trolls remind him of "a mafia-style shakedown, where someone comes in the front door of your building and says, 'It would be a shame if this place burnt down. I know the neighborhood really well and I can make sure that doesn't happen.'". The FSFE raised this issue in Europe many years ago. The US patent system needs to be reformed, now."

Well, in several recent stories about patent FUD we highlighted the fact that almost nobody in today's society should want patents. It's the luxury of very few and it is beneficial to even fewer, maybe less than 1% of the population. In a new post titled "Android & Linux FUD", someone asks about Oracle's attack:

Do you think that patent issues and all this money changing hands has nothing to do with Linux? Just follow the money. While most of the legal attention focuses on Dalvik, the Android implementation of the Java virtual machine, the public perception of Linux is also tarnished to anyone who understands that Android is a Linux distribution. I can only imagine what cyanogenmod.com people think about what is going on.


Well, Oracle's attack is already weakening and the Oracle case might yield nothing at all or only a fraction of what Oracle expected. To quote this new summary:

What If Oracle Loses The Android-Java Court Battle?



[...]

Contrary to the blog-based reports, Oracle has been at the losing end from the very beginning. The major setback was when the court ordered it to cut the number of claims from 132 to 50. Another major setback for Oracle was when USPTO rejected a majority of Oracle's patent claims.

Oracle again faced a defeat when the judge earlier questioned the damage estimates of Ian Cockburn and asked both parties to name more experts to assess damages. An now the court has rejected Oracle's 6.1 billion damage estimation. The court has asked Oracle to come up with a figure starting from $100 million.


Maybe the case will end in dismissal or some settlement at a low (and likely undisclosed) price. Who knows, maybe it will even go on for years like the SCO case, depending on Oracle's stubbornness (or SCOracle's vindictiveness). Either way, I'm away until August, so no more paten rants for a while.

Comments

Recent Techrights' Posts

The Central Staff Committee of the EPO Explains Late March Meetings Coinciding With Commencement of the Non-Stop Strikes at Europe's Second-Largest Institution
The fifth meeting report and sixth meeting report show some of the concerns leading up to the mass strikes
thenextweb.com (TNW) Appears to Have Become a Slopfarm, Fake Articles About France and GNU/Linux Flood the Web
If you're not against slop, you're part of the problem
Almost 3 Days Later, Still Zero Press Coverage (Except One Publisher) About Mass Layoffs at Red Hat, Almost 500 People Laid Off (Over 400 for Sure)
"A document posted by FOSS advocacy site Techrights appears to be that memo and explains that Red Hat has devised a location strategy under which it has identified key sites for prioritized hiring and strategic workforce investment."
The Register MS, About 6 Million Pounds in Debt, Helps Promote Microsoft's Gartner Group and Prop Up the Ponzi Scheme of Slop Plagiarism, Fake Article Mentions "AI" About 20 Times
What was now known as The Register UK not only works against the interests of the UK; it works for charlatans and frauds
 
SLAPP Censorship - Part 43 Out of 200: Garrett and Graveley Particulars of Claims Almost Identical and 5RB Needs to Investigate Its Barristers (Its Reputation is at Stake)
Scrolling up and down in social control media
Gemini Links 11/04/2026: Floppy Disks on Linux and Junix
Links for the day
statCounter: Microsoft Windows Falls to All-Time Low This Month in France
French government agencies are ordered to move to GNU/Linux
Disgruntled IBMers Explain Why IBM is Circling Down a Death Spiral, Gerstner (Recently Deceased) Destroyed IBM in April 1993, and IBM Now Weaponises PIPs to Attack Its Own
We've just checked if anyone has covered mass layoffs at IBM Red Hat. Nope.
Gemini Links 11/04/2026: Critique of Delta Chat and Why Trying to Emulate Centralised, Addictive "Facebook" is Misguided
Links for the day
Links 11/04/2026: Scam Altman’s Trust Issues at OpenAI and EFF Quitting Twitter
Links for the day
Links 11/04/2026: Twitter Presence Considered Harmful to News Sites, "The Future of Everything is Lies"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 10, 2026
IRC logs for Friday, April 10, 2026
Three Years Ago We Disconnected From the United States, Now France Does the Same
Maybe in the coming months France will recruit loads of UNIX/Linux specialists
While Thousands of EPO Workers Are on Strike the President of the EPO, Who Bribes His Voters, Gives Himself Millions of Euros and 5,000 Euros Per Month in Housing Allowance
Campinos is immune, inherently corrupt, and habitual briber of his 'voters'
IBM and Red Hat Whistleblowers Versus a Dying Fourth Estate (Journalism Seems to Have Died as Silently as IBM RAs Go)
What a crazy world we live in!
Slopfarms We Forget About Because They Silently Die
The hard reality (for slobs and sloppers) is, slopfarms have no future
Gemini Links 10/04/2026: Flexiveganism, What Happened to Twitter, and Algorithm Fetishes
Links for the day
Links 10/04/2026: Indonesia's Social Control Media Bans Extend to Google YouTube, "I.M.F. Says Iran War Will Drag Global Growth Lower"
Links for the day
Media Blackout Regarding Mass Layoffs at Red Hat
To be very clear, what happened is certainly real
IBM 'Value' Fell 20%, The Executives Took Bonuses and Bonus Hikes
IBM is paying more and more money to the executives
SLAPP Censorship - Part 42 Out of 200: Getting the Very Basic Technical Concepts Very Wrong, or Where Miscomprehension Begets "Plausible Deniability"
It's difficult to argue with people over things that they do not even understand
This Coming Weekend and Next Week We'll Cover EPO Scandals a Lot, There Are Still Perpetual Strikes That the Media Intentionally Avoids Covering
Expect our focus on EPO corruption to grow again
More Information on IBM Red Hat Layoffs in April 2026, Hundreds of Skilled GNU/Linux Engineers Laid Off (300+ Simultaneously)
How long can the corporate media ignore IBM layoffs for?
Raw: Extensive Evidence of Red Hat's Mass Layoffs in China (IBM Meets Geopolitics)
This has nothing to do with workers' performance
We'll Never Ever Do Social Control Media, Nate Silver's Article Helps Explain Why
If you want to research and publish, stay away from it
SLAPP Censorship - Part 41 Out of 200: More Misuse of UK-GDPR (for US Citizens), More Copy-Pasting for Garrett and Graveley, Alleging That Publishing Unflattering Information is a 'Privacy' Issue
No wonder his own colleagues thought poorly of him (the junior barrister)
Links 10/04/2026: Pseudoscience and "Amazon Pulls Support for Perfectly Fine Older Kindles" and More Attacks on American Journalism
Links for the day
Dr. Andy Farnell Blasts Misuse of the Term "AI" to Describe Plagiarism, Plunder, and Misinformation
Dr. Stallman wrote about it back in the early 1980s
A Sign of Progress?
We'll solve war hunger and colonise Mars soon, according to men who never graduated from College
The Slop Delusion: This Morning We Broke Story on Red Hat Layoffs in Two Posts, Google is Already Plagiarising Them With Slop and Getting the Basic Facts Wrong
Google does not have "AI"; it has slop, which means it scrapes other people's work, then imitates it poorly
"IBM is Constantly Laying Off People" (Not Just in Red Hat)
IBM as a company is collapsing
Many Layoffs at IBM Red Hat, as the Rumours Said
Red Hat mass layoffs [...] "this was a difficult decision to make."
Microsoft, Drowning in Net Debt, Will Make Many More Cuts
The company is a net negative to society
April 15: Richard Stallman to Speak at the University of Texas in Austin, Texas
Next Wednesday in the afternoon Dr. Stallman will speak in a US college for the second time this year and for the second time in nearly 8 years
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 09, 2026
IRC logs for Thursday, April 09, 2026
Gemini Links 10/04/2026: Cycling, Slop, and Software to Keep Photos Organised
Links for the day
Henry Abbott (TrueHoop) Says Microsoft Taken Public by Alvin Bernard "Buzzy" Krongard (in New Interview About Jeffrey Epstein)
He has claimed that the man who took Microsoft public was a banker and also connected to the CIA (former Executive Director)
Quick Roundup of "Linux" Slop
Today we saw a slopfarm again in Google News
Links 09/04/2026: Microsoft Attacking VeraCrypt and "Canada’s New Surveillance Law"
Links for the day
Gemini Links 09/04/2026: Shopping, LLMs That Ruin the Net, and Moving to GNU/Linux
Links for the day
Links 09/04/2026: TikTok Sets Up Another Outpost in Finland (EU), "Trump Attacks On Public Media Blocked by Judge"
Links for the day
Microsoft's DevDiv Executive Has Quit (Is GitHub on the Chopping Block?)
CodePlex all over again?
Chatbots (or LLMs) Are Killing Us, and We Ought to Talk About It
We need to talk (to each other, not to bots)
Microsoft Also Fires Senior Executives
Microsoft is a very feeble company pretending to be a giant
Microsoft Windows in Ireland: From 90% to Just 16%
When it comes to Ireland's Web usage, not much of it is from Windows anymore
SLAPP Censorship - Part 40 Out of 200: Putting Forth Frivolous Claim Only a Few Days Before Running Out of Time (12 Months)
my response to a frivolous claim from Graveley
IBM Layoffs by Performance Improvement Plan (PIP) and More Evidence of Layoffs at HashiCorp After IBM Took Over
Notice how the media does not cover IBM layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 08, 2026
IRC logs for Wednesday, April 08, 2026
Gemini Links 09/04/2026: On the Radio, Boogie Notes, Slop in Search Engines and USENET
Links for the day