Bonum Certa Men Certa

IP3 Demonstrates That Today's Patent Systems Devolve Into a Conglomerates' Game, Won't Protect the Mythical Small Inventor

This increasingly globalised system is not for the "small guy"

A small guy



Summary: Multinational corporations bring together their shared interests and steer the increasingly-inseparable patent systems according to their needs and goals, but has anyone even noticed?

For anyone who still thinks that patents are designed to protect the small guy/gal and/or his/her small company/ies... well, maybe this was true a long time ago. The USPTO moved in a bad direction quite some time ago and the EPO, led by Battistelli and his goons, trots in the same direction, notably (but not only) with the UPC. People's rights and people's wealth are under constant attack so that corporations' power and wealth can increase and make way to greater dominance in an increasingly globalised world (overcoming environmental regulations, bypassing minimum wage laws, diminishing working conditions and so on). Just see what I.S.D.S. is all about when assessing the real motivation of TPP or TTIP (not just the forces behind them, those who prefer secrecy due to fear of public reaction). It's class war, that's what it boils down to.



Earlier this month and a month ago we wrote about Creative's attempt to ban a lot of Android devices (at import level). TechDirt finally wrote about it just before the weekend:

It wasn't enough that Creative Labs/Creative Technology spent March 24th suing almost every big name in the cell phone business for patent infringement. These lawsuits, all filed in the East Texas patent troll playground, asserted the same thing: that any smartphone containing a music app (which is every smartphone produced) violates the patent it was granted in 2005 to use in conjunction with its mp3 players. "Venue is proper" because smartphones are sold in Texas, even if the plaintiffs are located in California and Singapore, respectively.

That wasn't all Creative Technology did. It also filed a complaint with the US International Trade Commission seeking to block the import of smartphones from manufacturers like Sony, LG, BlackBerry, Samsung, etc. under the theory that every imported phone contains patent-infringing software. The ITC has opened an investigation of Creative's allegations, which will at least hold off any potential import blocks until it reaches a decision. The ITC's summary of Creative's patent claims clearly shows how broad the patent's potential coverage is -- and (inadvertently) why it should be invalidated.

[...]

Google has decided it's not going to wait around for the ITC or east Texas courts to come to the wrong conclusions. It's gone on the offensive, seeking declaratory judgment that it does not violate Creative's broad patent. Every company sued by Creative on March 24th sells Android phones that contain Google's "Play Music" app. On behalf of its customers (and its own Motorola Mobility, which was also sued), Google wants Creative's BS patent's power neutered.


We already remarked on Creative's real 'business' at present. This isn't a case of David v. Goliath but more like Troll v. Google. This troll has an old brand and recognised name (in technology circles), so it's easy to lose sight of what's happening here. MPEG-LA operates similarly on behalf of giants like Microsoft and Apple.

"This troll has an old brand and recognised name (in technology circles), so it's easy to lose sight of what's happening here."Incidentally, and probably without direct correlation to the above, some days ago the patent lawyers' sites began floating 'news' about IP3 (new name, not a new thing), e.g. [1, 2]. The latter said: "This blog recently covered Google’s Patent Purchase Program, here and here. Google basically offered to consider purchasing submitted patents. The Program is back, but this time expanded with a new group of players under the title, “IP3 by Allied Security Trust.”

We wrote about this before, but it has just been expanded and rebranded (or renamed, to put it more politely). Here is what IAM (patent maximalist) wrote: "In many ways IP3, the new patent selling platform backed by the likes of Google, Apple, Ford, Microsoft and IBM that was announced on Wednesday, is a product of its time. It’s hard to imagine, say five years ago, Google and Apple jumping into bed together on anything patent-related – or for companies in very different industries pooling resources in the way they have for IP3. But today is different: with the smartphone wars almost at an end and everyone talking about convergence, IP3 reflects the more cooperative, partnership-based approach to IP strategy that a growing number of operating companies insist is their new ethos."

"They just want more mega-corporations to coalesce and use their collective power for protectionism and a sort of cross-licensing with extra edge (battling small plaintiffs which target the well-funded cabal)."Notice the size of the backers and mind who they target with IP3. Is this the fairy tale which the patent systems' biggest proponents try to tell us about when they defend further scope expansion and sharp increases in the number of patents? As if the more patents we have, the more 'lone inventors' are 'protected'? Consider the cost of application, renewal, litigation, etc. It's very prohibitive. Here goes IAM again, in its initial report about this: "A group of major patent-owning companies - Google, Microsoft, Apple, IBM, Ford, Cisco and Facebook among them - have banded together to form the Industry Patent Purchase Program – or IP3 – providing patent owners with a streamlined way of selling their IP. The new initiative has been developed in conjunction with AST which will play the central role in administering the project. In effect it is the second iteration of Google’s Patent Purchase Promotion, which the search giant launched last summer and which saw it buy up a number of patents in a price range of $3,000 to $250,000."

Can I join too? I have no patents, but I too would like this special/magical 'protection'. The press release about IP3 is a big load of nonsense which is "Calling All Patent Owners", so people like myself are obviously excluded. They just want more mega-corporations to coalesce and use their collective power for protectionism and a sort of cross-licensing with extra edge (battling small plaintiffs which target the well-funded cabal). What kind of arsenals are they pooling together?

"What all the above stories have in common is that they show patent empowerment by large corporations, their consortia, their trolls (or 'pools' like MPEG-LA) and at whose expense?"Speaking of Google, which is the key company in IP3, see the new article "Tech and Auto Firms Join Google-Led Patent Purchase Program" and recall what we recently wrote about the hoard of software patents on driving (not a new concept). Watch how Google is now stockpiling driving patents, as reported last week by dozens of publications, e.g. [1, 2, 3, 4] (very limited list as an exhaustive one would be vast).

Google, unlike IBM, never suffered massive layoffs (not yet anyway), but would it become a patent aggressor like IBM recently became (using software patents)? Every company collapses sooner or later. No company exists for an eternity. See what happened to Nokia's mobile patents (Microsoft instructed Nokia to give these to Google-hostile trolls).

"This is highly regressive and it corrodes the spirit of the so-called 'intellectual property' system we are told to respect."Dr. Glyn Moody has this new article about a patent we mentioned the other day. It shows just how far IBM's patent lust has gone. To quote Moody: "Stories about copying turn up a lot on Techdirt. That's largely as a consequence of two factors. First, because the Internet is a copying machine -- it works by repeatedly copying bits as they move around the globe -- and the more it permeates today's world, the more it places copying at the heart of modern life. Secondly, it's because the copyright industries hate unauthorized copies of material -- which explains why they have come to hate the Internet. It also explains why they spend so much of their time lobbying for ever-more punitive laws to stop that copying. And even though they have been successful in bringing in highly-damaging laws -- of which the DMCA is probably the most pernicious -- they have failed to stop the unauthorized copies. [...] We've already seen Microsoft's Protected Media Path for video, a "feature" that was introduced with Windows Vista; it's easy to imagine something a little more active that matches the material you want to view or listen to against a database of permissions before displaying or playing it. And how about a keyboard that checks text as you type it for possible copyright infringements and for URLs that have been blocked by copyright holders? There is a popular belief that the computer in Stanley Kubrick's "2001: A Space Odyssey" was named "HAL" after IBM, by replacing each letter in the company name with its predecessor. That's apocryphal, but with this latest patent application IBM is certainly moving squarely into HAL territory. "

Yeah, some 'innovation'...

And we all surely benefit, right?

From patent aggressor IBM, according to this new IAM report, a notorious character moved to Rovi (another patent aggressor) and now he lands inside HEVC Advance, which is a patent troll [1, 2] (IAM dares not say this term, so it would say only "PAE" or "pool"). Remember who is behind HEVC Advance. No 'lone inventors' at all. To quote IAM: "Technicolor – previously known as Thomson – has long been a leading media and entertainment business with a strong R&D focus, and has one of Europe’s biggest technology and patent licensing operations – first developed under the leadership of IP Hall of Famer Béatrix de Russé. In 2013, Boris Teksler was brought in to lead the company's technology operation, with a remit that included IP; and when Teksler departed in June 2015 he was replaced by Stéphane Rougeot, who has now also left the company. As if that was not enough, for much of 2014 and early 2015, the Technicolor board was involved in a bitter dispute about the company’s future direction with shareholder Vector Capital. That has now been settled."

What all the above stories have in common is that they show patent empowerment by large corporations, their consortia, their trolls (or 'pools' like MPEG-LA) and at whose expense? The same mythical character which the patent system was presumably created to protect. This is highly regressive and it corrodes the spirit of the so-called 'intellectual property' system we are told to respect.

Recent Techrights' Posts

Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
 
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026
Gemini Links 23/08/2026: Turning 60, PineTime, and Simulation Hypothesis
Links for the day
Will Your "Modern" New Car Still be on the Road in 2060?
Are people now expected to change a car as often as they replace a mobile phone and, if so, how fast would costs add up?
The Sniff Test
Be sceptical of "CoCs"
Cloudflare Sees a Quarter of Requests in China Coming From GNU/Linux Today
Will 23% ever be the average for GNU/Linux rather than a mere peak?
You Can Lose Some Battles and Still Win the War
Winning or losing isn't something for a scoreboard
GNU/Linux Usage Measured at 23% in Russia Today
the average was almost 10%
Things Not to Fear Missing Out on
Life is too short to pay attention to social control media
Gemini Links 23/08/2026: Exercising Again, Tackling Phone Addiction, and Putting Graal Online Back Online
Links for the day
Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day
Links 22/08/2026: Prince Harry, Elton John and Others Pay High Price for Frivolous Litigation in the UK
Links for the day
'Voluntary' Mass Layoffs at IBM/Red Hat
IBM does not want people to notice what truly goes on there
Another Round of GAFAM Layoffs, This Time Apple
Now Apple "is shutting down an entire Vision Pro team focused on developing gaming features for the mixed-reality headset."
Gemini Links 22/08/2026: The Bodyguard (1992), Minimalism, Backups, and IPFS
Links for the day
SLAPP Censorship - Part 158 Out of 200: Making Alliances With Men Arrested for Strangling Women Was Always a Terrible Strategy
They work for American slop companies
Links 22/08/2026: TikTok Settles With Feds, Harms Caused by Social Control Media Gaining Attention
Links for the day
New Data Shows Microsoft's XBox is Really Dying
XBox is a "burning platform"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 21, 2026
IRC logs for Friday, August 21, 2026