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

Quantum Quantum Quantum Quantum (Pump, Then Dump)
What has IBM become?
KDE Has Long Used Dragons, and Dragons Come From Hatched Eggs
That Microsoft Lunduke tries to paint this as some "trans agenda" thing says a lot about Microsoft Lunduke and his COVID-19-damaged brain
IBM Announces 5 Billion Dollars "Invested" in "AI", in "Security", and 10 Billion Dollars for "Quantum", But IBM Does Not Have This Kind of Money (It's Fake News to Manipulate the Share Price)
IBM has fast-growing debt and liabilities, it does not intend to invest this kind of money, it's a smokescreen and false promises timed to alleviate the sagging share price (52-week low)
Have a "Lifetime" Without Microsoft
The online rage over this is still ongoing
Social Control Media Does Not Improve Reach, It Wastes a Lot of Time
many people still think that no presence in Social Control Media necessarily means invisibility
Links 02/06/2026: New York Times Debunks "Hey Hi (AI) Layoffs" (Excuse, False Narrative), Sheinbaum Publicly Bemoans US Meddling
Links for the day
 
GNU/Linux Usage Rising Among Gamers, But "Hardware Survey Data Not Available."
Not anymore, not for now anyway
Jumping Up and Down on the Shoulders of Giants, Never Talking About What Bill Gates Did
We're back to 2019
Despite LLM Slop or Chatbots, Our Traffic Has Doubled Since We Moved Everything to the UK (in 2023)
The demise of news sites was not what we thought it would be
Software Developers Attacked by Plagiarism Engines Because These Developers Can Teach People How to Exercise Control, Not Outsource to Monopolies of Slop and Back Doors
"Universities should be telling industry what is to be done next, not the other way about. Present education policy has the tail wagging the dog."
Communicating With Freedom - Part I - Developing “Quibble” and Improving GNU LibreJS in the Process
In the next part we shall examine where things currently stand
Quantum Computers Are "All the Rage" (35 Years Ago, What IBM Promises This Year is What People Promised When the CEO Was in His 20s)
"Quantum" hype is high on the agenda
How IBM Removes 15% of Its Staff Without Even Checking Performance of Staff (or Calling That "Layoffs")
Performance Improvement Plan (PIP) as veiled RAs
Links 03/06/2026: Mobile Systems, Openwashing, and New Antenna
Links for the day
Canonical as Reseller of Back Doors in "Ubuntu" Clothing
Microsoft is the antithesis of security and autonomy
Romania Used to be Windows Stronghold, But That's No Longer the Case
Windows was once upon a time so ubiquitous that institutions didn't bother supporting anything except it
When Science and Religion Are on the Same Side, United Against Slop Pushers
The "Mathematics Pope" (sometimes known as "Pope Pi") brought together science and religion, united against technofascists who are mostly college drop-outs who abhor women
Links 03/06/2026: "In Turkey, Criticizing a Corporation Can Land You in Jail" and "Court Bans X Account of Turkey's Oldest Newspaper"
Links for the day
Web Censorship Benefits the Corrupt and the Criminal
More so when corrupt politicians are in charge
Internet Archive’s Wayback Machine Undoing Censorship of Corporate Wrongdoing
That won't go away anymore
"For Entertainment Purposes Only" But Everyone Must Adopt It for Work and Governance, Say Anti-Scientific Technocrats
"The present mentality around "AI" is like driving to the gym to use a treadmill - it's walking for people who hate fresh air and beautiful changing scenery."
Gemini Links 03/06/2026: Ian Murdock's Ex-wife Footprint in Debian and Alhena 5.6.1 Released
Links for the day
Irish Company statCounter Recognises It Overestimated Microsoft Windows' Market Share in Ireland
it seems like the Irish people are gradually moving away from Windows
Corporate Media Participates in the Lie That Mass Layoffs at GitLab and Loss of Geographic Footprint in More Than a Third of Countries is "AI" and Thus "Success Story"
There's no way to spin this as positive news
Slop Prompting is Not a Coding Skill and Slop Deserves Shunning
Red Hat is hypocritically shunning the very same thing it keeps promoting
IBM colleagues "handed out a PIP and then right after the end date they are gone"
Some go into early 'retirement' to save face
SLAPP Censorship - Part 96 Out of 200: When You Receive Death Threats From Anonymous Sockpuppets/Burner Accounts Connected to People Who Strangle Women and Tell Women to Kill Themselves
Women are not objects and my wife ought not be mentioned in "threats to kill" (how cops have described this)
European Patent Office (EPO) Series: A Tale of Two Antónios - Introducing the Other António
António Costa
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 02, 2026
IRC logs for Tuesday, June 02, 2026
Advertisements as Articles in The Register MS
Trust in media
Despite Mass Layoffs and Culls Dubbed "Buyouts" Google's Debt Doubled in a Year and It's Desperate for Money (to Pay Salaries and Bills)
Google and GAFAM in general have mass layoffs because they have no clear route towards profitability
Gemini Links 02/06/2026: Arch Linux WriterDeck and Papyrix Reader
Links for the day
Bloggers Still Have Considerable Impact on This Planet
Nowadays, in academia almost anywhere in the world, there's growing expectation that lecturers will spend not much of the time doing research or even teaching
The Firing Line Against Techrights
Tomorrow we'll tell a story about campaigns to intimidate us with death threats
The Cyber Show on the Fight Against Technofascism
It's very long (all combined), but nevertheless refreshing
What Efforts to Cancel Richard Stallman Ought to Teach Us About the Media, Including Very Large British Publishers
Richard Stallman is like a modern-age Alfred Dreyfus
After Threats to Greenland Northern Europe Seems to be Moving Away From Microsoft Windows Even Faster
The facts on the ground are, more people/businesses/institutions "get the message"
Claim of 500+ IBM Red Hat Layoffs With Termination Next Month
IBM is doing great... at hiding internal affairs
Slop Did Not Rewire Democracy, It's a Giant Flop
we already see slop giants accepting they'll never make money
The Register MS Embeds in Articles "SPONSORED LINKS" That Link to "AI" Ponzi Scheme/Scam
The circular financing giants are allocating budget for the spam, as do the banks (lenders)
Many Countries Divest From Microsoft
new numbers at statCounter today
European Patent Office (EPO) Series: A Tale of Two Antónios - On the Campaign Trail in Brussels
Part 1
SEO is an Acronym That Stands for Slop Engine Orientation
The Web changed a lot when Web directories, portals, and then social control media gained popularity
IRC Network OFTC is Shedding Off Servers
Down to 17
Julian Assange's Counsel Jennifer Robinson Has Just Won an Award
Jennifer Robinson is relatively young
Schweizerische Bundesbahnen (Swiss Federal Railways) and Richard Stallman
It seems like RMS is receiving endorsement or at least belated recognition from very high-profile institutions
Almost 30 Years After Rob Malda Made Slashdot It Still Inspires New Implementations
Maybe the issue isn't Slash per se, just the complexity of it (which SoylentNews complained about in the past)
Links 02/06/2026: "The Infosec Phrasebook", 'Perfect Randomness' and "Leaving the Tech World Professionally"
Links for the day
Faking Demand for Slop: Google's Search Prompt Becomes Slop Prompt (Bait, Switch, Fake Usage)
If there is no consent, then it's unsustainable
When You Give People (or Companies) Money to Buy Your Own Products and Then Call It "Revenue"
A lot of modern "economics" don't benefit ordinary people (all they get is high inflation rates); they're devaluing money by faking economic activity
IBM is Self-Detonating, the Cheeto-Infused Rally is Another Con by Don
pump and dump
"Quantum" as the "Next Big" Bubble
disappointing and delivering nothing
Links 02/06/2026: "$1.5 Trillion Defense Budget Benefits Billionaire Cheeto Mussolini Supporters", US "Plans to Criminalize Sleeping Outside"
Links for the day
Gemini Links 02/06/2026: Organising Oneself and Killing Off Distracting "Notifications"
Links for the day
SLAPP Censorship - Part 95 Out of 200: The Growing Risk of Tolerating Men Who Abuse and Physically Assault Women
FOSS should not be a "safe harbour" or "hideout" for criminals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 01, 2026
IRC logs for Monday, June 01, 2026
Rust is a Disaster for Both GNU and Linux, But 'Linux' Foundation (GKH) Keeps Promoting It Despite the Problems
And non-GPL licences
IBM's CEO and his "pump and dump scheme" ("Arvind's lies about quantum")
Don't be misled by Wall Street
Gemini Links 01/06/2026: Xylophone Essay, Ham Radio, and Slop Contaminating USENET/Newsgroups
Links for the day
How to Tackle Corruption Effectively and Gradually
In my personal, humble experience
European Patent Office (EPO) Series: A Tale of Two Antónios
"Campaign for the Re-Appointment of the President"
Links 01/06/2026: Patent Applicant Disclosures Drop After the January 2025 IDS Surcharge, "China Exports Surveillance"
Links for the day
Links 01/06/2026: Irreversible GAFAM Bans and "The Pirate Bay Remains Resilient"
Links for the day
Running and Writing Sites for People, Not Bots (Including Search Engines)
Had those sites spent more time focusing on RSS feeds (not social control media "games") and less on SEO (trying to game search engines), they wouldn't be sobbing now
SBB, the Swiss Railroads, Want to Hear Richard Stallman
Can Dr. Stallman persuade key decision makers to adopt not only "Linux" but also Software Freedom (not the same thing), as he did in South American before? Or like he did in Kerala?
Resumes and Vanity Pages
Wikipedia is fast becoming a glorified marketing company
Trusting Microsoft is Foolish
Mr. Rossmann says they "gaslight customers" in their Web site, but it goes a lot further than this
Techrights in a Nutshell, in Very Generic Terms
"for dummies"
SLAPP Censorship - Part 94 Out of 200: SLAPP by Garrett's Litigation Buddy Started 20 Months Ago, He Has Not Even Put in His Defence Yet!
This is what happens when one deals with incels and misogynists who promote slop and Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 31, 2026
IRC logs for Sunday, May 31, 2026
Gemini Links 01/06/2026: Buckingham Palace Garden Party, TUI Annoyances, Lateral Thinking with Withered Technology
Links for the day