Bonum Certa Men Certa

To Understand the Protection Racket Look Not at Microsoft But at Patent Trolls Which It Sponsors

The 'enforcers' are Finjan et al.

RacketSummary: An outline of patent activities which are connected to Microsoft, including the protection racket known as Azure IP Advantage

THE patent strategy which revolves around taxing GNU/Linux carries on at Microsoft. It's alive and well, it's just 'dressed up' or marketed differently.



Erich Andersen (Corporate Vice President and Chief IP Counsel at Microsoft, based in Redmond) will never say that Microsoft is running a racket. Maybe he'll even convince himself otherwise. Having recently driven that crazy “AI” hype, Microsoft's Andersen now says: "During this time when customers are rapidly adopting #AI solutions across industries to solve important problems, Microsoft is helping to protect those investments by offering #AI patents as part of #AzureIPAdvantage..."

"The patent strategy which revolves around taxing GNU/Linux carries on at Microsoft."Also, linking to IAM, he wrote: "One year after the launch of #AzureIPAdvantage, our commitment to protecting @Azure customers from IP claims remains strong and unmatched in the industry..."

What he does not say, however, is that Azure IP Advantage is a misnomer; it's actually a protection racket. This week, for example, he also promoted software patents by citing the EPO's latest stunt, which frames such patents as "Fourth Industrial Revolution".

"What he does not say, however, is that Azure IP Advantage is a misnomer; it's actually a protection racket.""No surprise here," he wrote, as "patent filings up at the EPO in "Fourth Industrial Revolution technologies"" (that's software patents, by IAM's own admission). Those sorts of buzzwords, "AI" included (EPO prefers "ICT" and "CII"), are nowadays routinely used to dodge the negative publicity of software patenting. Suffice to say, software patents are at the very heart of the racket (Azure just runs code), but after Alice their value is questionable at best.

The other day, piggybacking the gender slant, this event promoted software patents, relying on a Microsoft-sponsored patent troll called Finjan for lobbying. Coreena Brinck said that the USPTO "recently handed down a decision where software was found eligible for patentable: Finjan v Blue Coat Systems Inc."

We wrote several articles about that and it's not what they claim it to be. This same case was also mentioned on February 5th by Peter Keros. He focused on patents as corporate welfare (what Microsoft is pursuing) when they're not just a loophole/instrument of tax evasion (very common). To quote:

Damages for patent infringement must be apportioned to the infringing features of an accused product and supported by substantial evidence. Finjan, Inc., v. Blue Coat Systems Inc., No. 2016-2520 (January 10, 2018) (precedential). After considering subject matter eligibility and infringement of the asserted patents, the Federal Circuit reviewed the damages awarded by the jury, reversing awards unsupported by substantial evidence and affirming awards properly apportioned.


Finjan, Inc. v Cisco Systems has also just been brought up in the following context:

The court denied defendant's motion to dismiss plaintiff's willful patent infringement claims for failing to sufficiently allege egregious behavior.


Microsoft-sponsored patent trolls keep harassing Microsoft's competitors in court, fueling the above-mentioned protection racket. They want companies to either enter Azure or enter exclusive 'clubs' like AST. "AST members including IBM, Microsoft and Google," IAM said the other day, "spend $2.5 million in latest IP3 patent buying programme," noting:

AST has announced the results of its latest IP3 initiative which saw 15 of the defensive patent platform’s members participate, including Google, IBM, Microsoft and Ford.

In total they spent almost $2.5 million to buy 70 active assets in 19 portfolios with prices per lot ranging from $25,000 to $390,000; and an average selling price per family of $128,000. There was an average of 3.6 assets per family (up from 1.84 last year) with the largest lot that was acquired including 21 US patent filings (a lot could comprise multiple families).


IBM, Microsoft and other patent villains are basically at peace with each other because they all have a lot of patents; but what about smaller companies? Those are the companies that IBM and Microsoft go after, but not always directly. Several years ago Microsoft passed many of Nokia's patents to this patent troll (MOSAID) and based on this new press release (via) Microsoft and Nokia keep feeding other patent trolls using key patents (like they did MOSAID). To quote:

This offering follows on the heels of the Telecommunications Portfolio I offering made in August of 2017 via AQUA Licensing. The previous portfolio consisted of 4,260 patent families. To date, buyers have been identified for a significant portion of the initial offering.

The new Telecommunications Portfolio II offering comprises 557 patent families, developed by Alcatel-Lucent / Bell Labs, Nokia Technologies and Nokia Networks.


These patents can thus be used to go after AWS clients or Microsoft rivals in the device space. Not everyone can afford membership in AST or RPX or whatever new pools they keep setting up. To avoid the perception that IBM is going to attack GNU/Linux with patents, the Open Invention Network (OIN) was set up more than a decade ago. Never mind if IBM sells patents to trolls like Finjan and OIN, by its own admission, cannot do anything against trolls.

The latest OIN addition is Hitachi, as announced in this press release a few days ago.

Open Invention Network (OIN), the largest patent non-aggression community in history, and Hitachi, Ltd. (TSE:6501) (Hitachi) announced today that Hitachi has joined as a community member. As an innovation partner for the IoT era through the advanced Social Innovation Business that leverage OT (operational technology) and IT, Hitachi is demonstrating its commitment to open source software as an enabler of innovation across a wide spectrum of industries.

“Hitachi was an early and enthusiastic supporter of open source. It helps businesses modernize their industrial applications with technologies that rely heavily on Linux and embedded Linux, like the Internet of Things (IoT),” said Keith Bergelt, CEO of OIN. “Given its substantial patent holdings, we are pleased that Hitachi has recognized the importance of participating in OIN as part of its IP strategy.”


They (OIN) may sound Linux-friendly, but they don't fight software patents. It's like an IBM (amongst others') instrument/tool/front group. Here is what Linux Journal wrote about this:

Hitachi has joined the Open Invention Network, "the largest patent non-aggression community in history". According to Norihiro Suzuki, Vice President and Executive Officer, CTO of Hitachi, "Open source technology, especially Linux, drives innovation in areas that are critical to the customers that we serve, including technologies such as servers, storage, cloud, converged applications, big data and IoT. By joining Open Invention Network, we are demonstrating our continued commitment to open source technology, and supporting it with patent non-aggression in Linux." See the press release for more information.


"Microsoft does not love Linux. In fact, Microsoft hates Linux. It just doesn't want people to see it, so attacks on GNU/Linux typically come through consultancies such as Accenture and patent trolls like Finjan."OIN will not be able to protect clients of Microsoft's rivals (or Microsoft's rivals themselves) when some troll like Finjan or MOSAID (now known as Conversant) runs after them, so it's a pretty toothless defender. Generally speaking, we expect many more lawsuits like the above. As Microsoft rarely sues directly (anymore) we're left to analyse the passage of patents, passage of staff (like in Acacia) and the overall strategy.

Microsoft does not love Linux. In fact, Microsoft hates Linux. It just doesn't want people to see it, so attacks on GNU/Linux typically come through consultancies such as Accenture and patent trolls like Finjan.

Recent Techrights' Posts

The Grapevine Says IBM's American RAs (Mass Layoffs) Soon to Follow European RAs, PIPs and "Reviews" as Pretext for a Likely Baseless Dismissal
The days of honourable corporations and work ethics are long gone it seems...
Links 23/01/2026: Growing Censorship, Intel Falls (Another Bubble, Propped Up by Cheeto Bailout), and Huge GAFAM Layoffs Continue
Links for the day
Working for Freedom Makes You a Target
it's not about what you do but about who gets served
Claim That IBM Mass Layoffs Began Again in Europe, With Rumours It'll Close Offices
Unless IBM issues a statement (admission) to the media or issues WARN notices (in the US), the lousy media will simply assume - however wrongly - that nothing is happening and there's nothing to report
The "Alicante Mafia" - Part IX - EPO Budget Funnelled Into Cocaine and Moreover Rewards Cocaine-Addicted Management for Getting Busted by Police
Any day that passes without European media and European politicians doing anything about it merely discredits the media and the EU (or national governments)
 
Senior management and HR email privacy: Martin Ebnoether (venty), Axel Beckert (xtaran) & Debian abuse in Switzerland
Reprinted with permission from Daniel Pocock
Pierre-Elliott Bécue, ANSSI & Debian cybertorture
Reprinted with permission from Daniel Pocock
MJ Ray, Micah Anderson & Debian on drugs, prostitution at DebConf6 fight
Reprinted with permission from Daniel Pocock
Excellence in Ethics: a list of victories for the truth
Reprinted with permission from Daniel Pocock
Richard Stallman Giving Public Talk, Answering Questions From the Audience
We understand (from the organisers) that there will be a video of the talk
Forbes Covers in 2026 What Was Already Clear for Over a Decade: Microsoft's BitLocker 'Encryption' is a Back Door
One that's promoted by the loudest boosters of UEFI 'secure boot' as well
Links 23/01/2026: Minus 24 deg C in South Korea, "Iran Internet Blackout Passes Two-Week Mark"
Links for the day
Gemini Links 23/01/2026: "Witch Watch" and English on the Net
Links for the day
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
Reminder That "Linux" in the Site's Name (and Domain) Does Not Imply Authentic Journalism About GNU/Linux
the sad fact that some once-legitimate sites became slopfarms
Further Comments Illuminate Observations Regarding IBM's Layoffs (RAs) Plan for Europe
Some shed light on the expected scale
Appeasing Bullies Doesn't Work
The reason we're still here and very active is that we're good at what we do
How Microsoft Will Tell Shareholders That the Business is Failing in a Few Days
It'll resort to "AI" storytelling (lying about slop having potential for some unspecified future year)
Flying to See Today's Talk by Richard Stallman
It's probably not too late to reserve a seat for today's talk
The Fall of Freenode Didn't Kill IRC and the Web's Issues (Not Limited to LLM Slop) Didn't Kill Everything
As long as there are enough people willing to keep the simple (or "old") stuff it'll refuse to die
GAFAM Layoffs by Performance Improvement Plans (PIPs) Hide the Real Scale of Their Financial Troubles
the "official" numbers of layoffs will never tell the true story
'Domesticated' Animals Not More Valuable Than Free-range Wildlife, Proprietary ('Commercial') Software Isn't Better Than Free Software
the proprietary software giants (companies like SAP or Microsoft) have a lot of lobbyists
Richard Stallman Won't Talk About "AI", He'll Talk About Chatbots and LLMs Lacking Any Intelligence
This really irritates people who dislike the message; so they attack the person
Slopfarms Still Fed by Google, Boosting Fake 'Articles' That Pretend to Cover "Linux"
At this point about 80-90% of the search results appear not to be slopfarms
Gemini Links 23/01/2026: The Danish Approach to Deepfakes and Random vi Things
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 22, 2026
IRC logs for Thursday, January 22, 2026
Five Years Ago, After We Broke the Story About Richard Stallman Rejoining the FSF's Board, All Hell Broke Loose (for Me and My Family)
They generally seem to target anyone who thinks Richard Stallman (RMS) should be in charge or thinks alike about computing
Links 22/01/2026: Slop Fantasy About Patents, Retirement in China Now Reached at Age Seventy
Links for the day
Gemini Links 22/01/2026: Why Europe Does Not Need GAFAMs, XScreenSaver Tinkering, FlatCube
Links for the day
Salvadorans' Usage of GNU/Linux Measured at Record Levels
All-time high
Links 22/01/2026: Ubisoft Layoffs Disguised as "RTO", US "Congress Wants To Hand Your Parenting To GAFAM", Americans' Image Tarnished Among Canadians (Now Planning to "Repel US Invasion")
Links for the day
10 Easy Steps to Follow for Digital Sovereignty in Nations That Distrust GAFAM et al
When "enough is enough"
No, the Problem at IBM/Red Hat Isn't Diversity
Microsoft Lunduke also openly shows his admiration for Pedo Cheeto
Do Not Link to Linuxiac Anymore, Linuxiac Became a Slopfarm
now Linuxiac is slop
Dr. Andy Farnell Explains Why Slop Companies Like Anthropic and Microsoft 'Open' 'AI' Basically Plunder and Rob People
This article was published last night at around 10
Richard Stallman (RMS) at Georgia Tech Tomorrow
After the talk we'll write a lot about "cancel culture" and online mobs fostered and emboldened in social control media
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.
Links 21/01/2026: "Snap Settles Lawsuit on Social Media Addiction" and Attempts in the US to Revive Software Patents
Links for the day
Links 21/01/2026: Microsoft 'Open' 'Hey Hi' in More Trouble, US Has "Brown Shirts" Problem
Links for the day
Yesterday Afternoon The Register MS Published Paid Microsoft SPAM Disguised as an Article About "AI PCs"
The Register MS cannot help itself, can it? [...] Follow the money.
Microsoft's XBox is in Effect Dead Already, Now It's a Streaming and Advertising Platform
Expect many layoffs soon
Richard Stallman's Talk at Georgia Tech is Just 2 Days Away
We're still curious to see how malicious people (or trolls) in social control media will try to slant his talk as "bad"
EPO's Web Site Misused for Propaganda About Illegal Kangaroo Courts to Distract From EPO Scandals and Judicial Crisis in Europe
UPC is illegal and unconstitutional
The "Alicante Mafia" - Part VII - The Industrial Actions Began Yesterday, Here's Why
The "Alicante Mafia" might not last much longer
Gemini Links 21/01/2026: Edible Circuits and "Sayonara HTTP"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 20, 2026
IRC logs for Tuesday, January 20, 2026
IBM Hides Its Own Destruction (and Red Hat's)
It's like scenes out of '1984', which is what a now-famous advertisement from Apple compared IBM to