Bonum Certa Men Certa

Today's IBM is Acting Like a Patent Troll and Arming Active Patent Trolls, Just Like Microsoft Does

Finjan is suing again

A coffee pot



Summary: IBM and entities that are connected to it (and to Microsoft) are suing the whole industry using dubious software patents; they rely on out-of-court settlements to prevent the patents from actually being tested (as tests typically invalidate these)

ARMED to the teeth with dubious software patents in large quantities (the USPTO granted these with minimal scrutiny), IBM mimics the model of Microsoft, having employed Marshall Phelps, the man who turned both companies into patent bullies and took pride in it. Forbes gave Phelps a whole blog; it also gave whole blogs to literal patent trolls.

"...IBM mimics the model of Microsoft, having employed Marshall Phelps, the man who turned both companies into patent bullies and took pride in it."IBM's patent bullying is counter-productive; there have been calls for boycott over it (even from Free/Open Source software people), whereas lawyers rejoiced because all they want is litigation. The more, the merrier.

As it turned out earlier this week, based on press releases and press coverage [1, 2, 3], Groupon basically surrendered and agreed to pay IBM loads of money without an actual trial that tests the patents at hand:

Groupon has managed to secure a money-off deal in its court battle with IBM over e-commerce patents.

The pair have agreed to settle the dispute, with the e-voucher biz set to pay $57m to IBM, knocking almost a third off the price tag granted by a court this summer.

In July, a jury ruled that Groupon had wilfully infringed four of IBM's e-commerce patents and awarded the firm some $83m – about half the $167m Big Blue had initially sought.

However, Groupon indicated at the time that it would consider seeking a reduction, or appealing the decision, and today's agreement suggests it did so with some success.

The lawsuit, filed in 2016, alleged that Groupon had infringed four of IBM's e-commerce patents, some of which date back to the 1980s for the firm's pre-internet Prodigy online communication service.


Yes, IBM uses old software patents for blackmail. Acting like Microsoft (more or less), IBM quit pretending to be a legitimate technology company. Groupon is only one among many companies that IBM is shaking down; we found out about Groupon only because there was a refusal and subsequently a lawsuit. Yesterday we saw nothing but shallow coverage about it [1, 2]; no doubt patent maximalists are going to celebrate this in days/weeks to come.

"It might be interesting to see to what degree -- if any -- Finjan relies on the patents it got from IBM."IBM wishes to be thought of as "science" and "wisdom" (Watson is pure PR/marketing), but in reality today's IBM applies for truly ridiculous patents while lobbying for software patents and engaging in blackmail rather than sales.

To make matters even worse, IBM extends its patents to notorious patent trolls like Finjan; sponsored/backed by Microsoft and armed by IBM last year, Finjan has just announced another lawsuit, this time in Delaware for a change because it's displacing Texas according to fairly recent data.

Finjan Holdings, Inc. (NASDAQ:FNJN), a cybersecurity company, today announced that -- after more than two years of good faith efforts to resolve a patent dispute with Rapid7, Inc. and Rapid7 LLC (collectively, "Rapid7") -- its subsidiary Finjan, Inc. ("Finjan") has filed a patent infringement lawsuit against Rapid7, a Delaware corporation with headquarters in Boston, Massachusetts, in the U.S. District Court for the District of Delaware ("Delaware").


So this Microsoft patent troll does the only thing it ever does; it's suing (trolling) Microsoft rivals again. It might be interesting to see to what degree -- if any -- Finjan relies on the patents it got from IBM. They're a leveraging/bargaining card at the very least.

Recent Techrights' Posts

Is Ubuntu Compromised? Push Away From GNU and GPL Led by Army Officers.
Perhaps people should ask Canonical what the thinking behind it was...
Phoronix Seems to be Trying to Kill Discussion About "Asahi Lina" and the Anti-Torvalds Brigade
Our informed guess is that by reporting this news Phoronix got caught up in flamewars that divide and fracture the community
Facts on the Case Already Disclosed by US Authorities
NGOs in the UK (several keep abreast of this, judging every recent move) are truly unimpressed
The Times Group (and The Times of India) Basically Died Again
This time a death by LLM slop/plagiarism
 
Debian Pregnancy Cluster, when I stopped using IRC
Reprinted with permission from Daniel Pocock
Mass Layoffs at IBM Confirmed
Thousands believed to have been laid off
Slopwatch: linuxsecurity.com, cybersecuritynews.com, gbhackers.com, and techmonitor.ai (Fake 'Articles' About "Linux")
Almost all of them (75%) show up in Google News
Gemini Links 19/03/2025: go-gopherproxy and 'Small Web' as Self-expression
Links for the day
Links 19/03/2025: Attention's Cost and Media Still Besieged by Dictatorships
Links for the day
Claiming to Love What You Reject or Seek to Totally Own, Control
The Russia analogy is political
LinuxTechLab Became Just LLM Slop and SPAM
Another dead (former "Linux") site
The Rust Song
It's about control
The Death of The Economic Times (India Times): LLM Slop Presented as 'Articles', Containing Errors and Revisionism
They'd be better off shutting down operations with some dignity than resort to bots giving the false impression (illusion) of authorship
In Belgium, Android is Finally Measured as Bigger Than Windows
In Belgium, the lobbying capital of Microsoft, it wasn't easy to get there
"Rust People" Are a Threat to BSD Too (the Licence Isn't the Main Issue, Nor is the Proprietary Microsoft Hosting)
BSDs aren't written in Rust, so BSD developers should buckle up
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 18, 2025
IRC logs for Tuesday, March 18, 2025
Sami Tikkanen Explains Rust Language and Its Goals
"Sompi" (the nickname of Sami Tikkanen) has weighed in
Links 19/03/2025: Gardening Season and the Web Without an Audience
Links for the day
Mauritius: Windows at All-Time Low, Down From 96% to 17%
Put in simple terms, people choose to connect from the "phone" (running Linux), not some laptop running Windows
Many IBM Layoffs Reported Today in Europe and North America
there's definitely a lot going on today
The GNU Manifesto is 40. Here's the Original Print (1985).
Some unpleasant people want to replace GNU with Microsoft-controlled (GitHub) Rust copycats
Unixmen Seems to Have Died After Turning Into a Slopfarm and Spamfarm, Is LinuxSecurity.com Next?
Better to not publish anything at all than to resort to fake garbage.
What Happened to the Open Source Initiative (OSI) Elections: More People Begin to Speak Out
Kuhn set another bonfire ablaze
Links 18/03/2025: ‘Meritless’ Defamation Suit Thrown Out, InterDigital Software Patents Headed for the Bin Too
Links for the day
These Strange Web Statistics From The Bahamas Show Windows Falling From 93% to Less Than 5%
There are about half a million there
Gemini Links 18/03/2025: Weather and Resisting "MAGA"
Links for the day
Links 18/03/2025: New Apple Blunders and Windows Disliked by Users
Links for the day
Once Again 'Losing Track' of Who the Clients Are, The Serial Harasser and Strangler from Microsoft
Timing is everything
2025 Rumours of IBM Layoffs in Marketing Likely True, Online Powwow Drops More Clues
Expect over 10,000 layoffs this year (at IBM alone)
Android (With Linux) Rises to Record Highs in Hong Kong and in Macao
Looking quite bad for Microsoft
Distractions. Distractions Everywhere.
distracting from the real solution
EPO Concerns About the Education and Childcare Allowance Reform (ECAR) and School Liaison Officer (SLO)
The public deserves to know as it impacts thousands of families
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 17, 2025
IRC logs for Monday, March 17, 2025