Bonum Certa Men Certa

Shortly After Massive Layoffs 'King of Patents' IBM is Using Software Patents to Sue Much Smaller Companies

Not your father's IBM

Ginni Rometty
Photo source (modified slightly): The 10 Most Powerful Women in Technology Today



Summary: IBM is becoming predatory as the business is sinking and all it has got left is a big pile of patents, including a lot of software patents that it now weaponises

WHEN the corporate media covers the problem with patents and suggests a reform it often alludes to "patent trolls" but not to large companies that are equally bad if not worse. They are in many ways the culprits, as it's them and their people -- like David Kappos in IBM's case -- who push hard for software patents (that patent trolls too are using).



The other day the EFF's Nazer showed how software patents in the US do so much damage for benefit of very few people, who are parasites. Nazer did not mention software patents explicitly and as usual he focused on "trolls". As an article about it has just put it: ""Personalized content" is a phrase so vague that it could mean just about anything. That quality makes it just about perfect for use by a patent troll. This month, the Electronic Frontier Foundation's patent lawyers have honed in on a patent describing a way of "presenting personalized content relating to offered products and services," owned by Phoenix Licensing LLC, a patent-holding company controlled by Richard Libman, an Arizona man who's sued more that 100 companies." [...] Wordy language notwithstanding, the patents look like the type of "do it on a computer" claims that should get tossed out as "almost surely invalid" under the Alice v. CLS Bank Supreme Court precedent, EFF lawyer Daniel Nazer explains in his blog post. "Unsurprisingly, given that its patents are so vulnerable to challenge under the Alice standard, it has filed all of these lawsuits in the Eastern District of Texas." That plaintiff-friendly court is less likely to invalidate patents under Alice."

"The company is a patent aggressor and we cannot help but wonder how the Linux Foundation feels about IBM not only lobbying for software patents but also suing companies using these."Since it's about Alice, one immediately knows it involves abstract software patents. But it's too expensive to deal with in a court of law. Even software patents which one knows for sure are not truly valid can be used as a weapon but not only by patent trolls but also by a patent monster like IBM, which always takes the lions's share of patents at the USPTO. Well, IBM has just announced major layoffs; but worse -- it's becoming a patent aggressor more so than in the recent past. "IBM can sue any webshop with those 4 broad patents from the late nineties," Benjamin Henrion wrote this morning. "IBM is suing Groupon with 4 software patents," he added, "probably trivial ones," pointing to two articles [1, 2]. IBM is not responding to a company that's suing it first. To quote the first report: "IBM has sued online deals marketplace Groupon for infringing four of its patents, including two that emerged from Prodigy, the online service launched by IBM and partners ahead of the World Wide Web."

The latter article says: "IBM is suing Groupon over alleged patent infringement, court documents revealed Wednesday. It's the latest in a series of lawsuits the computing pioneer has filed against tech companies that it says rely on groundwork it laid.

"IBM filed a lawsuit in Delaware district court alleging that the Chicago-based online marketplace ignored repeated alerts stemming to 2011 that it was unfairly using IBM inventions."

"It's often said that patents are only trophies for vanity until a company is collapsing, whereupon it chooses to sue rivals or sell patents to aggressive entities, including trolls."Remember that IBM is pushing India to grant patents on software. It's the same thing it did in Europe and in New Zealand, so shame on IBM. It not only amasses software patents (while using OIN to pretend that it's all fine and dandy) but also uses them for litigation, not just against large companies (like Sun) and not just using hardware patents. The face IBM does not want you to see is IBM without the "open" makeup (openwashing of everything including proprietary, grossly overpriced mainframes). The company is a patent aggressor and we cannot help but wonder how the Linux Foundation feels about IBM not only lobbying for software patents but also suing companies using these.

It's often said that patents are only trophies for vanity until a company is collapsing, whereupon it chooses to sue rivals or sell patents to aggressive entities, including trolls. IBM proves that right.

Recent Techrights' Posts

It's FOSS? No, It's SPAM.
Another sellout
Techrights is Officially an Adult
this site's eighteenth anniversary
Technology: rights or responsibilities? - Part IX
By Dr. Andy Farnell
Many Geeks' Achilles Heel: They Don't Take Computer Breaks
Life can get longer if you stay healthy
In Asia, Microsoft's Bing Became Smaller Than Yandex and It Shrinks Every Month
How long before Microsoft pulls the plug on Bing?
 
GNU/Linux news for the past day
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 04, 2024
IRC logs for Wednesday, December 04, 2024
Links 05/12/2024: Formaldehyde and Cancer, US and China Boycotting One Another
Links for the day
Gemini Links 05/12/2024: Hermeticism, Living in the Shell, and More
Links for the day
At the OSI, Microsoft Operative (Funded by Microsoft) Promotes Proprietary Software of Microsoft
The OSI is deeply corrupt. The good news is, it's barely hiding it anymore.
Links 04/12/2024: Social Control Media Thoughts, Enrons of 2024, and More
Links for the day
Gemini Links 04/12/2024: Soviet Esotericism, Mikrotik is Awesome, and More
Links for the day
[Meme] Silicon Valley's "Successful Businessmen"
Debt is not a currency
Visualising About 0.7 Trillion Dollars of Debt in Supposedly "Successful" Tech Companies
If they're doing so well, how come they borrow so much money (which some would struggle to pay back or never manage to pay back)?
Single-Digit Microsoft: Windows Finally Falls Below 10% in Angola
it's only a matter of time before Windows is down to 5%
Coming Up With Topics to Cover and Issues to Comment on
Socialising is a big part of it
[Meme] Far From What Was Originally Intended
Makes site about RMS; Deletes his own 'site'
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 03, 2024
IRC logs for Tuesday, December 03, 2024
Illuminating Microsoft's Dirty Tactics
Criticising illegal things that Microsoft does can be classified as "Microsoft bashing" or "hatred"
Proof That Drew DeVault Vanished From Mastodon After the RMS Attack Site Was Linked to Him (and People Pointed Out DeVault's Fascination With Animated CP, Drawings of Naked Kids)
We assume he just wanted to vanish from Mastodon
Maybe Bill Gates is Getting Demented Like His Late Father (He Says Things That Are True But He's Not Supposed to Say in Public)
It happened in a podcast with Reid Hoffman
We've Clearly Struck a Nerve
Microsofters and Microsoft proxies have meanwhile lost their temper
The Userbase of GNU/Linux is Growing, Investments in the FSF Grow Too (in Spite of Microsofters Inciting and Slandering It)
The FSF's expenses are close to 2 million dollars a year
Links 03/12/2024: Pat Gelsinger's Firing Spun as 'Retirement', US Exports Land Mines
Links for the day
Links 03/12/2024: GrapheneOS, Raspberry Pi 4, and More
Links for the day
Links 03/12/2024: Googlebombing "Windows 12", Games Preservation, and Public Domain Game Jam
Links for the day
Steven J. Vaughan-Nichols (SJVN) 'Works' for Linux Foundation (LF) on SPAM Campaigns, Just Like Spamnil's TFiR (Swapnil Bhartiya)
How can he publish something like this under his name?
Microsoft's Debt Ratio is Awful
It owes almost 150% of what it can give
Microsoft Has Already Laid Off Tens of Thousands of Workers, "Headcount" is Misleading Spin From Microsoft-Funded Sites
Expect Microsoft to suck up to Trump, looking for more bailouts (those typically manifest themselves in the form of "defence" contracts)
South America: GNU/Linux Grew to 8.15% Venezuela, Steadily Over 3% Overall
holding steady above 3%
Clownflare (Cloudflare) Debt Grows, Losses Continue
debt of nearly $400,000 per employee
Gemini Links 03/12/2024: December Adventure and Social Justice Gone Wild
Links for the day
Microsoft Windows Falls to 12.5% in Cuba, Android Soaring
Windows isn't even doing too well on desktops/laptops
[Meme] GAGAM: Google, Apple, Gulag, Amazon, Microsoft, and the Rest
The Web has never been more dangerous and hostile
ChromeOS Isn't Freedom, But It's Killing Microsoft's Ability to Profit From Windows
ChromeOS has shot up to 22% in Sweden
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 02, 2024
IRC logs for Monday, December 02, 2024
The L Word (Not Linux)
Championing Software Freedom is "dangerous"
Did IBM Layoffs Stop? Ask Dr. Krishna, The 'Genius' of IBM...
Trust AK to solve all the problems of IBM by creating bigger problems
It's Easy to Snyk in Marketing SPAM (and FUD) Into BetaNews
The latest marketing piece (disguised as information, not shameless self-promotion)
[Meme] Sportwashing vs Code of Censorship (CoC)
Expectation of censorship (censor for me... or else!)
GNU/Linux at 4% in Algeria
So it more than doubled since last year
With 4 Weeks to Go (Before the End of 2024) the FSF Has Already Raised Close to 100,000 Dollars
The FSF must be doing something right
"Linux on the Desktop" (Less Than a Third of Web-connected Computers Still a Desktop or Laptop)
It's like we're chasing a goal that's 2 or 3 decades in the past
[Meme] The Failure of Microsoft Rebranding Campaigns
market share down, costs soared, back to basics
2 Years Have Passed Since ChatGPT Vapourware and Bing Gained Nothing, Yandex is About to Overtake Microsoft in Search
A cause for concern at Microsoft?
GNU/Linux Rises to 4% in Ireland, ChromeOS Grows and Android Takes Windows' Lunch
Windows down to 22%
[Meme] Meanwhile at Intel (Where the CEO Got the Boot)
Well, if taxpayers pay to save Intel, then Intel should be publicly owned (by those taxpayers)