Bonum Certa Men Certa

IBM’s Patent Aggression Celebrated by Law Firms, Condemned by Technical People

2016: IBM Comes Under Growing Scrutiny for Increasingly Acting Just Like a Patent Troll Amid Layoffs

Ginni Rometty



Summary: The predator which IBM has become under Ginni Rometty is rightly perceived as a dangerous parasite; sites of the litigation 'industry', however, treat IBM like some sort of champion, giving it speaking positions, media platforms and anything else it needs to espouse supposed virtues of software patents and shakedown with such patents (low-quality or bunk patents in large numbers)

THE decline of IBM led to a rush for patents. IBM has long dominated the USPTO 'charts', having pursued some of the most laughable patents (widely mocked by technical people on the Internet over the past 2 decades). Some of these patents were voided and let go of by IBM after they had caused a negative atmosphere (bad press).



But don't think that IBM is being condemned by the "litigation community"; to them, IBM is some sort of "hero", having "proven" that "monetisation" with "intellectual property" still "works".

Ellie Mertens, a New York-based contributor to a patent maximalists' site, wrote that "IBM’s win in its first patent suit to go to jury trial in 20 years may make efficient infringers think twice before rejecting licensing agreements, its lawyer John Desmarais says..."

"The 'patent troll in chief' is now being celebrated by the patent trolls' lobby, IAM."So only amplifying IBM's side of the story? As usual? "A jury awarded IBM $82.5 million in damages on July 27 for Groupon’s wilful infringement of four of IBM’s patents that relate to enabling e-commerce," Mertens added. Did Mertens pursue Groupon too for a comment? It's hard to tell because of the paywall. The Chicago Tribune wrote about this too (by Christopher Yasiejko), as did a lot of corporate media. We gave some examples of coverage when we mentioned the calls for an IBM boycott.

The 'patent troll in chief' is now being celebrated by the patent trolls' lobby, IAM. Days ago it wrote: "We are thrilled to have @IBM's Cynthia Seal join us as a speaker for this year's Patent Licensing (San Francisco, September 18). Get your ticket today to hear her discuss the good, the bad, and the ugly of #PatentLicensing."

Guess who covered the IBM aggression for IAM. It was patent extremist Richard Lloyd. This is what he said under the biased headline "IBM counsel hails big win against Groupon as another sign that the US patent pendulum is swinging back" (again amplifying the aggressors' messages, never the defendants'). To quote:

The lead counsel representing IBM in its recently decided case against Groupon has characterised the company's court victory on Friday in the dispute as a “shot in the arm for all licensors”. John Desmarais was speaking to IAM shortly after the verdict was handed down by the jury in the Delaware federal district court, which ruled that Groupon had willfully infringed on four e-commerce patents owned by the tech giant and ordered it to pay $82.5 million in damages.


Cynthia Seal and John Desmarais. These are the sorts of people whose side IAM is taking. Maybe IAM and IBM are similar not only in the acronym sense.

"Technical people aren't so gullible, however, so they can see IBM for what it has really become."As we noted before, the patents in question (those used against Groupon) are highly dubious. So are these patents, just mentioned the other day in a tweet which said: "Where #blockchain meets #drones: #IBM #patent US9875592B1: "The drone may perform an authentication procedure by scanning the person (or people) through visual, audio, biometric, or other means, and may send a signal to grant or deny access.""

That's yet another software patent, but they 'dress that up' as "blockchain".

Anyway, our main concern is that the media got stuffed by IBM, its lawyers, its front groups, and so-called 'journalists' who rather than study the underlying facts merely asked some law firms (patent maximalists) in order to relay the narrative IBM wants. Technical people aren't so gullible, however, so they can see IBM for what it has really become.

Recent Techrights' Posts

Slopwatch: Planet Ubuntu Became LLM Slop and Some People Fail to See the Immorality of Plagiarism
it lessens the incentive for people to publish real articles
Microsoft Layoffs Again in Bay Area
Microsoft relies on people's false belief that being "in LinkedIn" will get you a job; well, seems like even working inside LinkedIn really sucks and you lose the job
People's Understanding of the History of GNU/Linux is Changing
RMS is not a radical, he's just clever enough to see and foresee what's going on
Microsofters Were Scheming to Take Over This Entire Web Site (in Their Own Words!)
Money gets spent censoring/deplatforming people who speak about real issues; no money gets spent actually tackling those underlying issues
Bicycles for the Minds and the Story Harrison Bergeron
"The goal of having people in charge of the tools they use and that the tools should amplify ability" has long been abandoned
 
Signing Off Serious Lies With a Statement of Truth is No Joking Matter
It's not hard to see what's happening here
Links 30/05/2025: LLM Slop Already Ingests and Vomits Its Own Garbage, Facebook Exec Admits Copyrights a Concern Too
Links for the day
Mass Layoffs at Microsoft Result in More Whistleblowers From Microsoft
Microsoft's predatory pricing is further
EPO Poll: 68% Dissatisfied With Quality of Slop (Wrongly Framed as "AI") for Patent Classification
Slop does not work, it's just falsely advertised with extra hype (funded by slop pushers that sponsor the major media)
Big Crowds Gather to Learn About Software Freedom From the Man Who Started GNU/Linux in 1983
"It was a great success"
Gemini Links 30/05/2025: Fighting Against the Bad News, and Slop is Dehumanisation Disguised as "Intelligence"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 29, 2025
IRC logs for Thursday, May 29, 2025
Links 29/05/2025: Chinese Cracking Against EU Institutions (Prague), More Assaults on Media and Its Funding Sources
Links for the day
EPO Workers Caution That the Officials Are Still Illegally Trying to Replace Staff With Slop (to Lower Quality and Validity of European Patents)
Nobody in Europe voted for any of this
Links 29/05/2025: US Health Deficit and Malware Disguised as Slop Generator
Links for the day
Links 29/05/2025: Turtle Roadkill, Modern 'Tech' as a Sting
Links for the day
Thanks for All the Fish, Linux Format
people who once wrote for it (or for other magazines) comment on the importance of this news
Links 29/05/2025: YouTube Problem and Giant Privacy Hole in Microsoft OneDrive
Links for the day
[Video] Cory Doctorow Explains DMCA: DRM in the Browser (or Webapp) Will "Make It a Felony to Protect Your Privacy While You Use It."
Pycon US Keynote Speaker Cory Doctorow
United States Courts With Sworn Testimonies Are on Our Side, We'll Present the Same Here
Chronicling what happened is a moral imperative
Serial Sloppers Ruin and Lessen the Incentive to Cover "Linux"
The Serial Sloppers (SSs) ought to be named and shamed, but almost nobody does this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 28, 2025
IRC logs for Wednesday, May 28, 2025
Links 28/05/2025: 'Emulation Layers' (Measurements and Linguistics), Libraries, and Discomfort
Links for the day
Links 28/05/2025: More Arrests for Bitcoin-Connected Torture and Prosecutions for Dieselgate-Linked Executives
Links for the day
Even Microsoft (MSN) Covers Richard Stallman's Public Talk in Milan 2 Days Ago
He spoke in Spanish earlier this month (Alicante)
Gemini Links 28/05/2025: Techo-authoritarianism With Slop Plagiarism and "No Online June" (Going Offline)
Links for the day
Links 28/05/2025: GitHub MCP Exploited and MathWorks Discovers Huge Windows TCO
Links for the day
Very High Attendance Level at Richard Stallman's Talk Shows People Can Relate to His Message
Smear campaigns have their limits
Gemini Links 28/05/2025: Celsius-Fahrenheit, Endless Scrolling/Infinite Scrolling, and Trapping LLM Slop Bots
Links for the day
Prison gate backdrop to baptism by Fr Sean O'Connell, St Paul's, Coburg
Reprinted with permission from Daniel Pocock
More Photos From This Week's Milan Talk by Richard Stallman
The posts are in Italian, not English
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 27, 2025
IRC logs for Tuesday, May 27, 2025