Bonum Certa Men Certa

Patents Roundup: Microsoft Trolls, Lobbyists, and End[ing] Software Patents (ESP)

Summary: Intellectual Ventures revisited; Microsoft keeps busy promoting software patents in Europe; software patents under scrutiny with successful campaigning against them.

A very long post about the TomTom case [1, 2] is coming, but for the time being, let us look at other existing issues and developments that are part of the same important theme.



A new legislation for patent reform in the United States is set to be proposed next week, according to our sources. Until then, Microsoft is keeping busy lobbying and hoarding patents.

Microsoft-Funded Patent-Trolling



Nathan Myhrvold



Several days before the TomTom lawsuit came to light, CNET had pointed out that a risk to Free software is also the Microsoft-conceived and Microsoft-funded patent troll which goes by the name of Intellectual Ventures.

I ask because it's almost certain that someone is going to purchase the IP, and it's likely to be a Microsoft or Oracle (or, possibly worse, Intellectual Ventures), to the extent the IP is worth anything. Instead, now would be a good time for open-source patent-pooling collectives like Open Invention Network to buy up these assets and use them to protect open source.


In a later post from CNET it was also argued that "the real patent threat" is Microsoft's patent troll but not Microsoft itself. Intellectual Ventures, unlike Microsoft, cannot be countered by OIN.

Hence, while the open-source world is up in arms about Microsoft's TomTom patent suit, it should be far more worried about news that Intellectual Ventures has grabbed another 500 patents through a deal with Telcordia Technologies, as TechFlash reports. Intellectual Ventures, arguably the world's largest patent troll, is set up to do nothing more than license its intellectual property, which it has done to the tune of hundreds of millions of dollars.


Here is the report cited by the above.

Intellectual Ventures is adding to its huge pile of patents. The Bellevue-based firm, founded by former Microsoft CTO Nathan Myhrvold, is today announcing a partnership with broadband company Telcordia Technologies, giving it access to more than 500 Telcordia patents. Intellectual Ventures has also pledged to fund Telcordia research and development.


There are other large patent trolls, including Gates' own, and the endless possibilities in Acacia [1, 2, 3, 4, 5, 6, 7, 8, 9]. Mike Masnick ponders this outlandish idea of investing just in patents and running companies that are dedicated just to them.

European Law Under Microsoft-Funded Attack



We learn that in the 5th of March Zuck will be in in Brussels, as expected. He is already mucking about with an "open source" report on Microsoft's behalf and we are seeing constant reminders of the threat of the Community patent. Microsoft really wants software patents to be formally legalised in Europe. It essentially buys anti-Free software laws.

Absurdity of Software Patents Revisited



Several new posts question the legitimacy of patents as a whole. Examples:

i. Science Needs Permission?

Because GM crops are considered "intellectual property" of the companies that sell them, reearchers need permission from the company to plant them, even for research purposes.


ii. There Are No Good Arguments for Intellectual Property (and 'Interaction Rights'!)

There are some decent arguments out there that argue in favor of a state, welfare rights, war, democracy, drug laws, and so on. They are all flawed, since libertarianism is right, but there are coherent, honest arguments that we libertarians have to grapple with.

But it is striking that there are no decent arguments for IP--as Manuel Lora remarked to me, "You know, I haven't seen a good pro IP article ever." This is true. One sees the same incoherent or insincere claims made over and over, such as:

1. It's in the constitution (argument from authority; legal positivism) 2. Intellectual property is called property! (argument by definition?)


iii. More Examples Of Patents Harming Research

A group of scientists are now complaining about this to the EPA, but perhaps they should be complaining to the USPTO and Congress, as well, as it's time that this sort of abuse of intellectual property was stopped entirely.


Here is an indicator of the very poor state with regards to software patenting.

I call them the 'on the Internet' patents. You can patent anything by adding the suffix - 'on the internet'.


Visa feels the wrath of this bad system.

Visa has been hit with a lawsuit for allegedly infringing a patent covering the notification and authorisation of transactions via text messages sent to cardholders' mobile phones.


What about standards, which are being stifled by patents? How is that productive?

Both patents and standardisation are areas of regulation based on public benefit considerations. Succinctly put, a patent is a monopoly granted for a limited time by the government on behalf of its citizens to promote disclosure of breakthroughs that will in turn enable future innovation.


Greed and Hypocrites



SUN claims to be in a transition to an open source identity, but its policy on software patents gives room for doubt. And in fact, based on this new article from India, SUN is accepting (almost reinforcing) rather than challenging a broken system.

Added Dr Jaijit Bhattacharya, director, government strategy, Sun Microsystems India, said, “The Open Innovation Portal will be complimentary to the existing IPR framework and will cater to those innovations that come below the bar for a patent application and will cater to those innovators who cannot afford the patenting process. This is especially true in the emerging economies scenario where standalone innovators may or may not have the financial wherewithal to file the patent.”


Kaspersky too has resorted to playing the game of software patents and Palm is no foe of stuff that's antithetical to Free software despite its use of Linux, maybe for 'defensive' purposes (against Apple for example).

The Pre's Combined Messaging: Patent Pending



[...]

Something missing from Palm's CES presentation of the Palm Pre: jaunty claims that they've patented their innovations up the wazoo. Maybe it's because they have a massive cache of smartphone patents in their portfolio already and didn't want to toot their horn. Maybe they were just being coy. Maybe, though, they were just waiting for their various patent applications to get approved before they brought it up.


Campaigning



In order to end software patents once and for all, the End Software Patents (ESP) campaign pushes harder and harder. It has also earned media attention in:

i. Let's keep the software patent debate on the straight and narrow

I very much hope that what the End Software Patents project comes up with in terms of studies, statistics and the rest of it does stand up to independent scrutiny. There could be a case for removing all patent protection from software – though I have yet to see one convincingly made – but it will not be advanced by manipulation and distortion. One thing that you can be sure of is that this blog will be watching very carefully for any signs of people being economical with the truth.


ii. Again A Desperate Attempt To Re-Vitalise Campaign Against CII-Patents

Now, according to a recent report, the Free Software Foundation has announced funding for the End Software Patents project to document the case for ending patents on computer-implemented inventions worldwide. A catalogue of studies, economic arguments, and legal analyses will build on the "in re Bilski" court ruling, in which End Software Patents (ESP) claims to have helped play a key role in narrowing the scope for patenting software ideas in the USA.


iii. FSF in Round Two Against Software Patents

The Free Software Foundation (FSF) is persisting in its worldwide battle against software patents with comprehensive background information and has hired lobbyist Ciaran O'Riordan to fight the next round.


With Bilski at everyone's disposal, a big final push to end software patents is practical and thus encouraged.

Linux users can help with the patent problem. "Talk about this problem. Educate ourselves and educate others. Instead of fostering innovation it's hindering innovation," he said. "We have a large amount of work to do to educate people about this." Red Hat is also seeking prior art to help defend a lawsuit from a patent troll firm that is suing both it and Novell.


Inform peers, family, MEPs, etc. so as to end software patents for good. Without such patents, Free software sure will triumph much faster (as it should).

Comments

Recent Techrights' Posts

Karen Melchior Fought the Good Fight
stay tuned for Part 29
We Need Less Gadgets, More Humanity
If people are being honest with themselves, many of the gadgets they claim they "cannot live without" are just excesses and distractions they could definitely leave behind
Daniel Pocock in The Guardian This Morning
There is an opportunity here to spread a message, even if Pocock won't win a seat
 
Canonical Staff Acting Like They Aim to Receive Job Offers From Microsoft
There are moreover allegations that Debian will do the same, in the same way Mono boosters infected both distros in tandem or in turn.
Worsening Staff Affairs at Microsoft
Microsoft is managing to piss off many of its own workers
Czech Mate for GNU/Linux on the Way
Czechoslovakia is having none of that "peace for our time" with Microsoft
Nobody Will be Left Who Trusts IBM Anymore
The common theme is, the management must be completely replaced as soon as possible and truth needs to come out
Wall Street is a Bubble and No Company is Worth 5 Trillion Dollars
It's not hard to see which stocks will crash the hardest (or fastest)
The Corrupt Have Historically Tried to Paint Their Exposers as the Real Problem
As usual, there are efforts to shoot or muzzle the messenger
Search Engine Market Share in Italy: Microsoft Falls to Third in Many Countries Including Italy
Expect more layoffs in Bing
Links 20/07/2026: Spotify Drowning in Slop, Expiry of Software Patents in MPEG-4
Links for the day
Gemini Links 20/07/2026: Another Step Towards Owning Personal Data and Gemtext2 Envisioned
Links for the day
European Patent Office (EPO) Series: Public Missions and Private Ambitions
Despite the French government's strong formal pushback, the lobbying momentum generated by Campinos and Negrão proved unstoppable
"DOOM" and "Bloodbath": the State of Microsoft and XBox
Way to piss off fans
Links 20/07/2026: Notes on E-mail Encryption, Torvalds and His Employer Paid a Lot to Promote Slop (Pyramid Scheme)
Links for the day
What a Difference Six Years Make...
We are also beta-testing a new feature for the site; we plan to announce it some time soon
When It Comes to Slop, Richard Stallman is Opposite of Linus Torvalds
When it comes to computing, Dr. Stallman has long been a voice of reason
Daniel Pocock is in Mainstream Media This Week
Pocock's haters will absolutely hate this
In His Departure Post, Poul-Henning Kamp (phk) Explains Why Linus Torvalds is Full of "Hot Air" and Slop Bubbles
Having lived through previous bubbles as a UNIX geek, phk cannot be ignored
Whistleblowers Keep Flowing
Later today a police investigator should phone us regarding death threats we've received
Technology and Gadgets Got Obese, Just Like Their Users
They now sell us so-called 'phones' for slop
"Samsung Recently Projected a 19-fold Surge in Second-Quarter Operating Profit", Now There Are Mass Layoffs
In a 9-month period Samsung's debt rose by about 80%
Gemini Links 20/07/2026: Dungeon Meshi/Undertale Crossover, "The Hitchhiker’s Guide to the Dark Web and Beyond"
Links for the day
IBM's Control of the Media "Just Showed What Taking Accountability Does Not Look Like"
It is no secret that IBM pays the media
Microsoft Loses XBox Lawsuit, But There Are More
The collapse of studios continues
GNU/Linux Approaching International Average in Djibouti
One can envisage further gains for GNU/Linux, seeing Microsoft is in such a bad shape
Daniel Pocock "[t]he Australian Taking on Nigel Farage — from Down Under"
This can help raise awareness of some issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 19, 2026
IRC logs for Sunday, July 19, 2026
Misleading Coverage in Slashdot Promotes and Openwashes Slop
Piggybacking RMS for the headline seems like a PR stunt of sorts
As Envisioned, a Rebellion and Many Whistleblowers at Microsoft
Whistleblowers ensure Microsoft has totally lost control of the "narrative" (face-saving PR)
Microsoft is a Right-Wing Company
Just remember that when people call Microsoft "woke"
GNU/Linux "Market Share" Rises to About a Quarter in Sudan
Can anyone explain to us why?
Gemini Links 19/07/2026: Visiting Ethiopia, Two Dreams, and Price of Skinnerboxes
Links for the day
Tears in IBM, Company Falls Apart While Management Fakes "Performance" to Take Bonuses
Wall Street is a naked emperor
Telling Our Story
In the coming years we'll have some high-impact stories to share and generally tell without fear of reprisal
Microsoft XBox Studio Leaders Upset at What the New CEO Did
From what we can gather, in 2024 XBox was already entering what's known as a "death spiral". Now it's literally moving down the drain/pipe.
IRC Started in Finland, GNU/Linux Did Not
History is like that
GNU/Linux Rises to 8% in Bhutan, Same as the International Average
Taking note of estimated GNU/Linux share in that country, we see it hovering around the international median/average this month
Links 19/07/2026: "The Voice of Google" and "Chinese Surveillance Tech a Threat to Privacy"
Links for the day
Keep Both Eyes on the Ball
At the moment we have six series running in parallel; two of them concern the EPO
'Journalists' Who Help IBM Cover Up Fraud
Journalistic malpractice
The "Modern Linux" Song
Join us now, make the kernel
XBox Layoffs Vastly Bigger Than Microsoft Told the Press, Microsoft Keeps Trying to Change the Subject
Many so-called "XBox fans" are no more
Microsoft Lost 1,200 Billion Dollars in "Market Value", Take a Look at What Happened to Windows
while Windows continues to fall unstoppably GNU/Linux is surging
Links 19/07/2026: People in China Are Buying Feelings and 404 Media Has Third Anniversary
Links for the day
Gemini Links 19/07/2026: Camping, Health, and Hardware
Links for the day
The State of Slopfarms
Slopfarms or LLM slopfarms are a menace and a problem on the Web
GNU/Linux Rising to 6% in Brunei
seventh in the world for GDP (PPP) per capita
Free Software is Like an 'Activist Movement'
People who argue strongly in favour of something (even very good things) will attract the wrath of those whom they oppose
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 18, 2026
IRC logs for Saturday, July 18, 2026
UKIP TV (GBNoise) Covers Challengers to UKIP Nigel, Daniel Pocock Mentioned
Way to get noticed
Links 18/07/2026: Chinese State Media Depicting Neighbours as Monkeys, US "Stocks Sink on Anxiety About Tech and Hey Hi (AI) Spending"
Links for the day
Gemini Links 18/07/2026: "Business Idiots Everywhere", "The Siren Song of DePIN", and Entering Geminispace
Links for the day
GNU/Linux in Lithuanian Desktops/Laptops Climbs to 8%, the Global Average
For its own national security it would be wise to abandon Windows
This Bubble is Bursting, Piecewise
It's nice to see Wall Street getting some reality checks
It's Not About XBox, Microsoft is Already Firing Hundreds of People Who Do "Security [sic] Engineering" [sic]
The official reason/excuse/lie told is something about slop, but no sane person would buy it (not even insiders who are impacted)
Can We Finally All Agree That UEFI 'Secure Boot' is a Sham That Harms Security and Gives Microsoft Remote Control Over All PCs and Servers (Even Those That Don't Run Any Microsoft Software)?
Cui bono?
Bolivian People Adopt GNU/Linux (They Have a Domestic Distro Too, PluriOS)
Notice Windows falling to an all-time low
No Technical People Write About UK Parliamentary Elections
Almost none of them work in the media, which seems to favour parrots, slop, or parrots that use slop
"But Stallman is Scaring Away Women..."
Such dishonest projections (projection tactics) needs to be called out and refuted
First Female Debian Project Leader (DPL) Affirms Low Profile and Inferior Status of Women in GAFAM
3 months ago Sruthi Chandran was elected as Debian Project Leader (DPL) for a period of 12 months
After 5 Years Vista 11 Still Adopted Less Than Its Predecessor (Orphaned, End of Life Since Last Year)
Notice Windows going down to 40%
We Don't Depend on Google (or Search Engines in General)
there's a lesson here and it extends beyond sites
Only "Torvaldos" (Linus Torvalds) Can Use the F-Word, CoC Does Not Apply to the Enforcer, and Richard Stallman Punished for Using the Other F-Word ("Freedom")
"Linus Torvalds tells AI haters to fork off"
Explaining the Culture of Bulletin Board-Style Chat
Only desperate detractors would try to present something (cherry-picked) from IRC as some sort of official statement for Techrights
Independent, But Not Fringe
"Daniel Pocock is an Independent Candidate."
In Free Software, Nobody Gets Fired
Way to own one's code and project
PIP-Styled Mass Layoffs Allegedly Coming to Microsoft by 12 August 2026
Microsoft has been doing "silent layoffs" (PIPs and more) for quite some time
Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day