Bonum Certa Men Certa

Avoid IBM Until It Rescinds/Retracts/Reverses Its Weaponisation of Software Patents

Already missing Samuel Palmisano...

Samuel J. Palmisano The "good guy", before and after the patent aggression era at IBM. Photo credit: Gage Skidmore



Summary: IBM, which boasts the world's largest patent portfolio, is transforming into a patent aggressor (with software patents to make matters even worse) and negative reaction from the market may be needed to put an end to this

IBM spent well over a decade telling the Free/Open Source software (FOSS) world that IBM is the "good cop", or that its stockpile of software patents was somehow acceptable because of OIN (originally run by a guy from IBM) or something along those lines. Well, the mask is off now. IBM is becoming a patents company, a close partner of Apple (Android foe), and it is eager to make income from patents rather than products. As IAM put it the other day (IAM on IBM): "The assignments involving Globalfoundries entities probably reveal the company’s acquisition of IBM’s semiconductor unit – a deal for which Big Blue paid almost $1.5 billion to wash its hands of what had become, for it, an unsustainable business. IBM itself was the second most prolific assignor of assets (15,260) last year."



A lot of these IBM patents can now be used offensively by other companies, not just Globalfoundries but many others too. This is bad news because IBM's patents head honcho is pushing for software patents [1, 2] (expansion of them to more countries) and then suing with them (we covered patent aggression from IBM last week). This is what typically happens when patent holders get desperate for cash.

"IBM can now basically sue just about any Internet company, including tiny ones, or otherwise receive "protection money".""According to the most recent complaint," WIPR wrote, "IBM has made repeated attempts to negotiate a licence with Groupon but the company has refused to take one."

To "licence" is a euphemism for "get protection money" and it sure sounds like Microsoft's modus operandi when it comes to Linux. Good journalists noted that "IBM is pushing big Internet companies to pay patent licensing fees in part because IBM invented the Prodigy service, a precursor to the modern Web."

IBM can now basically sue just about any Internet company, including tiny ones, or otherwise receive "protection money". This leads to a certain chilling effect and discourages startups.

"There are no "good" or tolerable software patents. When companies are in good (financial) mood their shareholders don't encourage suing competitors, but watch what's becoming of IBM."There are companies out there, such as Google, which despite getting more and more patents (including software patents and other new examples) never sued other companies with patents, not even when provoked. This does not guarantee, however, that when Google suffers its demise (all companies will die one day), especially if that happens within the timeframe of the next two decades, it will actually refrain from resorting to patent aggression. The only real solution here is to abolish software patents, irrespective of whom they get assigned to (whether to Red Hat with GNU/Linux, IBM with OIN and layoffs, or Google which is thriving at least for now). There are no "good" or tolerable software patents. When companies are in good (financial) mood their shareholders don't encourage suing competitors, but watch what's becoming of IBM.

Recent Techrights' Posts

EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, we'll know why and who is responsible for it
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day
Links 10/09/2026: Facebook Unsafe for Kids, Fake Songs (Against Right of Publicity, CG Forgeries Basically) a Growing Problem
Links for the day
Rust is Financially and Technically Controlled by Microsoft. Rust Foundation is a Front for Microsoft's Proprietary Software.
Rust is not and has never been about security
Gemini Links 10/09/2026: "I Don’t Want to Interact With Stochastic Parrots" and "ROOPHLOCH 2026!"
Links for the day
What the British School Closure (BSN Senior School Leidschenveen) Means to EPO Staff
The only European thing about the EPO is the staff
Standing in Solidarity With Matt Mullenweg
I don't trust the people and companies that want Mullenweg out. Neither should you.
Links 10/09/2026: "Smear Campaign Says Anti-Flock Movement Is Chinese Propaganda" and "Flock Employee Calls Cops on Reporter Filming Them"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 09, 2026
IRC logs for Wednesday, September 09, 2026
IBM's Senior VP of Infrastructure is Out, Silent Layoffs Still Going On
Some people imagine the CEO will also "retire" very soon (and "ahead of time")
Gemini Links 09/09/2026: Mechanical Cameras, "Super App", and Prusa Issues
Links for the day
SLAPP Censorship - Part 177 Out of 200: Manosphere Without Financial Transparency
It has moreover replaced a female worker with a male
Deadline Tomorrow (10th of September) to Appeal the EPO's Fleecing of Staff (Union to Make Legal Challenges)
Join them. Fight the good fight.
linuxstans.com Died, Then Came Back as Slop (LLM Junk)
Don't make the mistake or the assumption that merely 'dabbling in' or 'experimenting with' LLMs can be forgivable as it is a trust destroyer
Links 09/09/2026: GAFAM Fatalities in Miami International Airport, "Britain’s Health Crisis Is Becoming a Political Crisis"
Links for the day
Gemini Links 09/09/2026: "Adjective Is Subjective" and Walled Gardens
Links for the day
Plagiarism is Hardly a New Problem, It Predates Mainstream Media Getting Paid to Whitewash It as "Training" or "Hey Hi", Then Conflate Plagiarism With "Intelligence" or Deferred "Value"
"Quantum" isn't new either; it's a 'circle-jerk' for companies without direction, only hype
Links 09/09/2026: Airport 'Down' (Glasgow and Edinburgh), 'Open' 'AI' Losses Rise to Pace of 50 Billion Dollars in Losses Per Year
Links for the day
Unsafe at Any Speed, "Modern" Appliances
Appliances have gotten worse
SLAPP Censorship - Part 176 Out of 200: The Sex-Obsessed Non-Experts
We heard some sexual stories
European Patent Office (EPO): No Transparency and No Paper Trail
The incompetence is that of the management, i.e. sheer incompetence of people who never examined a patent in their entire lifetime
Gemini Links 09/09/2026: Going Out, Smartphone Addiction, Mapping the Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 08, 2026
IRC logs for Tuesday, September 08, 2026