Bonum Certa Men Certa

Amazon and Google Have Both Become Part of the Software Patents Problem

Giants benefit from a so-called 'thicket' (patent barrier to entrants) that protects their monopoly/ies

Page Rank
Some truly fundamental software concepts -- however trivial (simple reference count) -- are already patented by Google (or Stanford)



Summary: The transition from so-called 'defensive' patents to offensive patents (ones that are used to suppress competition) as seen in Amazon and in Google, which is already suing rivals and is pursuing additional patents by acquisition

AS noted in our previous post, it's still possible to get software patents granted, albeit they're very difficult to successfully enforce in court.



Amazon is said to be one of the most litigated companies out there (if not the most, depending on what's measured). There were articles about it last year. Amazon, as far as we're aware, is not a patent bully, at least not yet (growing companies rarely need to resort to aggression). Google, by contrast, started patent aggression earlier this year.

"They are loathed partly because software patents are an abomination in general."Generally speaking, software patents -- especially after Alice/Section 101 -- are lame ducks, but not if the accused (or defendant, mainly if this reaches the court) cannot afford a legal battle.

"Amazon, eBay, Google lead surge in AI patents" was the headline of this article from last week. As we noted in the last post, "AI" is one of those buzzwords that are frequently used to justify software patent grants. "The whitepaper," it says, "titled "Artificial Intelligence in Retail: Patent Analysis," suggests that the publication of patent filings may have peaked in 2015, with 329 publications that year, before drifting down to 296 in 2016. Prior to 2015, there were 128 AI-related patent filings published in 2012, 191 in 2013 and 224 in 2014. There have been only 54 published this year, though Netscribes stressed that there is often an 18-month lag between when patents are filed and when they are published."

These are software patents.

As an article recently put it, Mr. Bezos suggested reducing the lifetime of "business method and software patents from 17 years to three to five."

Well, he never did that or never really accomplished any of this. In the meantime, as stated above, Amazon continues to stockpile lots of horrible patents, as does Google. Amazon-friendly media like GeekWire has just published this podcast about the recently-expired one-click checkout patent of Amazon. From the show's outline: "The patent was for the technology that made one-click checkout possible, and on this episode of the Week In Geek, we dig into why it was so unpopular and why patents themselves occupy a controversial place in the tech world."

Well, this Amazon patent was one of many that are similarly outrageous. They are loathed partly because software patents are an abomination in general. Over the years we covered several other examples of Amazon patents that should never have been granted at all. Certainly, as it's likely inevitable, one day Amazon too will resort to patent aggression. Or an aggressor might buy/receive these patents.

As for Google, well... an older article of ours reached Hacker News' front page and Reddit last week. No idea why people suddenly cared half a year late, but we can only speculate that it had something to do with reports like this one (a subject we covered a week ago). Here's another report about it:

Entropy coding technology known as ANS devised by a Polish academic is now sought to be patented by Google – even though he released it into the public domain precisely so no company could swoop on it and lock it up.



So Google is increasingly being portrayed as a raider of ideas and a patent opportunist that seeks a monopoly even on the public domain. Not good...

Now that Google uses patents pro-actively it cannot be cheered and can no longer be trusted with any patents. According to this blog post from IAM, Google might soon take HTC's patents too:

Three weeks ago, Bloomberg reported that Taiwan smartphone maker HTC has held takeover talks with Google, as the struggling business explores ‘strategic options’. More recently, several outlets have reported that a deal – either for the whole company or just its smartphone unit – is in late stages. Other options on the table include an investment by the US company. Whatever happens, there is a good chance that HTC’s days as a stand-alone smartphone maker are numbered. If Google does pull the trigger, this latest hardware deal won’t have patent implications as big as its previous Motorola turnaround, but it will mark the unification of two long-term patent partners.


Remember that after Google had taken patents of Waymo it sued a competitor. It's now a CAFC case, Waymo v Uber, reminding us of the real danger of any patents landing on Google's lap. As Patently-O put it some days ago:

The Federal Circuit has released a pair of decisions (2017-2235; 2017-2130) in this patent / trade secret case. Waymo (Google) sued Uber (Ottomotto) for patent infringement and trade secret misappropriations. “Specifically, Waymo alleges that its former employee, Mr. [Anthony] Levandowski, improperly downloaded thousands of documents related to Waymo’s driverless vehicle technology and then left Waymo to found Ottomotto, which Uber subsequently acquired.”


Google uses patents against rivals. Expect it to do more of that (the temptation is greater once it has been done already). As for Amazon? Give it time and see Bezos too (as the world's richest man, like Bill Gates before him) turning to patents as a last resort to save an empire.

'“Other than Bill Gates, I don’t know of any high tech CEO that sits down to review the company’s IP portfolio" —Marshall Phelps (formerly of IBM, which also resorts to patent aggression because its empire crumbles)



Recent Techrights' Posts

Microsoft's Bing Falls to Fourth in the Europe/Asia-Based Turkey, Share Halved Since LLM Hype, Now Only 1% (Sometimes Less)
Turkey (Eurasia) is another example of Microsoft failing with LLM hype and just burning a lot of energy in vain (investment without returns)
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
 
Fedora Week of Diversity (FWD) 2024 Attracting 0.01% of the IBM Staff "Was a Success"
They expect volunteers (unpaid slaves) to do the PR for them...
African's Largest Population (Nigeria) Approaching 80% Android "Market Share" Amid Steady Monthly Increases While Microsoft Has Mass Layoffs in Nigeria
Microsoft- and Apple-sponsored Western (or English-speaking) media chooses to ignore that or treat it as irrelevant (a racist disposition in its own right)
[Meme] The Warlord's Catspaw
Thugs that troll us
Microsoft Misogyny Will be the Fall of Microsoft (Covering Up for Misogynists is a Huge Mistake and Highly Misguided Short-term Strategy)
Microsoft's undoing may in fact be its attitude towards women
Red Hat Keeps Behaving Like a Microsoft Reseller (for Proprietary Stuff!), Microsoft Employees as Authors in redhat.com
In some ways this reminds us of Novell
UEFI 'Secure Boot' Once Again Bricking PCs and Fake Security Models Are Perishing in Geminispace
Let's Encrypt has just fallen again
Links 17/07/2024: New Attacks on the Press, European Patents Squashed Even at Kangaroo Court (UPC)
Links for the day
Gemini Links 17/07/2024: Proponents of Censorship and New Arrivals at Gemini
Links for the day
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024