Bonum Certa Men Certa

Microsoft Has the World's Biggest Patent Troll, But What's Up with Google?

Nathan Myhrvold



Summary: Intellectual Ventures exposed for what it really is about; Google patents its homepage

EARLIER TODAY WE HIGHLIGHTED THE LATEST report about Microsoft's patent troll, Intellectual Ventures.



Blog reports about this are numerous and they may have been sort of derived from this article (published on Tuesday).

Patent-hoarding giant Intellectual Ventures has long beat the drum that it doesn't file lawsuits.

But now Intellectual Ventures has started selling some of its 27,000 patents to people who aren't afraid to sue -- and in some cases IV will get a share of the prize. It's a scary scenario for tech companies that may end up in the legal crosshairs, but industry observers say it was only a matter of time.

[...]

It's a new phase for Intellectual Ventures, which was founded in 2001 by Microsoft Corp.'s top tech guys, Nathan Myhrvold and Edward Jung. At first, the company took investments (about $5 billion) and bought up patents (now up to 27,000). In more recent years, IV has been cutting licensing deals with big tech companies that are apparently infringing on some of IV's intellectual property. Intuit Inc., the financial software firm, agreed to pay $120 million for a license in May. Detkin says that IV has brought in about $1 billion in revenue this way. And he and others at IV like to point out that they've never once used the cudgel of a patent infringement lawsuit to get a deal done.

With its new practice of selling off patents to third parties, litigation is much more likely. It's similar to the "catch and release" model used for some time by other patent-holding companies. That's a friendly sounding name for a threat that goes like this: Take a license because we're going to sell the patent on the open market -- and you never know what unscrupulous and lawsuit-prone troll is going to buy it.


This is the sort of business plan which was conceived by and came about after consultation with Bill Gates, who has his own share in this game. Bernard Swiss describes it as a situation of: "We'll feed the problem -- and profit from it... But we'll foist the actual risk on to others"

Microsoft's patent strategy must not be ignored, but the main news today is actually not about Microsoft's patent hoarding and trolling; it's about Google's latest bizarre patent.

In early 2004, Google's lawyers didn't have nearly enough to do. A patent on the design of Google's homepage (AKA its "[g]raphical user interface for a display screen of a communications terminal") that they applied for at that time was granted this week.


FFII's president opines that "There is a need for more patent trolls against Google. They have too much money, and they have too stupid patent agents." He links to this article which makes is clear that it's trouble for all in the search market.

As one person puts it, "these new guidelines of the USPTO are apparently still very generous, as the PTO has just granted what seems to be patent on Google's homepage."

Over at TechDirt, we find that "look and feel" can now be guarded too using intellectual monopolies. It's just like that Google homepage patent, where the 'novelty' of centering a search box is seen as patent worthy.

There are already concerns over the fact that software can be covered by both copyright and patents, but why not add trade dress to the mix? Via Michael Scott we learn that Fidelity is suing a competing company because its software looks like Fidelity's, and that the basic look and feel of Fidelity's software is protected by trade dress.


Where does it ever stop? The double-click is a patent, one-click shopping is a patent, and the progress bar too is a patent. As these two videos show [1, 2], Google does not oppose patents; It is even a member of OIN, which is about countering patents with more patents.

Comments

Recent Techrights' Posts

"Use Wayland" Isn't a Bugfix for X (X11 is Still Necessary)
They tell us X is "dead" and we must all be herded into Wayland ASAP
The New Head of OSI is an "Hey Hi" (AI) Obsessed Person
when Bryant says "AI" that doesn't mean AI
"Governments, local authorities, schools and hospitals can lead by example by procuring only Free Software"
Crossposted from Tux Machines
Cindy Cohn Leaving the Electronic Frontier Foundation While Its Co-founder John Gilmore, Whom She Apparently Helped Oust, Will Celebrate 40 Years of the Free Software Foundation, Inc.
EFF has been busy hoarding GAFAM money, whereas the latter is where all the real activism is done
"Google is Googlebombing KDE's Project Banana"
So is Google googlebombing KDE's Project Banana? You decide.
Some Very Large IRC Networks Are Growing
IRC will turn 38 next year
 
Links 17/09/2025: Google Layoffs in "Hey Hi" (AI), Perplexity Hit With More "Hey Hi" (Plagiarism) Lawsuits
Links for the day
Gemini Links 17/09/2025: Reclaiming Things in a Digital Age and Moon Phases in CGI
Links for the day
Slopwatch: Google News is Slop, Google News is Plagiarism, Google News is Dying
Google is off the rails
Links 16/09/2025: "The Censorship Alarm Is Ringing in the Wrong Direction" and ASRock Does Microsoft E.E.E. on GNU/Linux
Links for the day
Serious "Breach of Confidentiality of Personal Data" in Europe's Second-Largest Institution, the EPO
Yes, the same EPO that routinely uses "data protection" and "GDPR" as a pretext for hiding or covering up its corruption and white-collar crimes (it even uses that as an excuse for refusing to obey courts' orders)
Adrienne Rockenhaus Says Her Husband Was Arrested for Running Tor and Denied Basic Rights in the United States
the US seems to be getting "russified" in its approach towards Tor
This is What Happens When Microsoft Canonical Lets Decisions on Ubuntu be Made by a Youngster From the British Army (Where He Did Mass Surveillance)
"Is Ubuntu Compromised?"
Back Doored Windows Giving GNU/Linux a Hard Time (Under the Guise of 'Security')
Is this complication intentional? Most likely, yes
Links 16/09/2025: Science, Security, and Conflicts
Links for the day
Gemini Links 16/09/2025: Command-line Options in POSIX Shell and Introducing Acre 0.9
Links for the day
Microsoft 'Secure' Boot Versus Dual Boot With GNU/Linux
they're meant to assume everything is OK
Links 16/09/2025: While Oracle Pretends to be Rich It's Firing About 70 MySQL Workers, "Oracle's Revenge" (Faking Demand With "AI")
Links for the day
Microsoft Has Just Published a New Web Page About "Secure Boot Update Process" (Microsoft Also Admits Issues; PCs Can Stop Booting)
Why was this page issued and published only hours ago?
Microsoft Lunduke: I Spread Hate and Then I Receive Hate
Cry us a river, Microsoft Lunduke
"Disable Secure Boot and Fast Boot. Wipe and Start Over."
At least they didn't say, buy a new computer...
The Oracle Ponzi Scheme
Oracle isn't doing well, but it's nowadays fashionable to say "clown" and "hey hi" to prop up one's stock, even based on nothing at all
Taking Out the Battery, Opening Up Your Computer, Just Like a "Normie" Would
At this stage, any person who still says "enable Secure Boot" is misguided or persuaded by companies that sell rootkits
Slopwatch: Serial Sloppers and Slopfarms Still Infesting Google News (Fake 'Articles' About "Linux" Spreading FUD)
searching for "Linux" today yields a lot of FUD
The Reach of Techrights Has Broadened
We nowadays cover a broader range of issues
Complicating Things for No Actual Benefit, Just Added Risk and More Difficulties Adding GNU/Linux and BSDs
Watch what it's like for people who wish to use BSDs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 15, 2025
IRC logs for Monday, September 15, 2025
Links 16/09/2025: Autumn Party, RPG Planet, and Optical ROOPHLOCH
Links for the day
Geminispace Growing at Pace of Over 10% Per Year
Contrary to what some pessimists try to claim
Linux Mint Forums Today: Disable 'Secure Boot', It Doesn't Improve Security, It's Just a Microsoft Obstacle to GNU/Linux Users
They also mention MOK
What Ruben Amorim and Stefano Maffulli Have in Common
Censors Wikipedia and Social Control Media
Microsoft Won't Cooperate in Trying to Tackle EPO Corruption (Microsoft Profits From This Corruption)
Use something like BigBlueButton, Jami, Ring, and Jitsi instead
Solved Less Than an Hour Ago: Trying to Escape Windows, 'Secure Boot' Gets in the Way
'Secure Boot' wasn't meant to even exist in the first place
Stefano Maffulli, Executive Director of the Open Source Initiative, Resigns or Gets Removed (We'll Continue Covering OSI Scandals)
A dozen mentions of "AI", not much about "Open Source"
Andy Has Just Nailed It (Regarding Complexity and Failure, a la UEFI)
The users no longer own or control what they buy
Compatibility Support Module (CSM) Versus GNU/Linux Simplicity
what Andy recently called "solutionism"
Links 15/09/2025: "Postal Traffic to US Down by Over 80%" and 'Smart' Spinozacampus Laundry Room Goes AWOL
Links for the day
Gemini Links 15/09/2025: Dungeon Hustle and Deleting Oneself From the Net
Links for the day
Breach of EPO's Duty of Care or Cigna Reimbursement Issues
This is the sort of thing that motivated Luigi Mangione to assassinate a CEO
Ask Ubuntu About "Secure Boot" Violation and Laptops That Don't Boot GNU/Linux
Does anyone still believe that "Secure Boot" has anything at all to do with security?
We Are Sad to Hear the Story of Jonathan Riddell, Champion of KDE and GNU/Linux on Desktops/Laptops
I have enormous respect for Jonathan and everything he has done
Talking About the Problem vs Talking to the Problem
Wanting an audience is never a good excuse for compromising one's values and principles
Focusing on Patents
The reason we cover the EPO so much is that it's close to home
"Secure Boot Violation": The 'Joys' of Fake Security Gone Wrong
Not everyone reboots every day
Links 15/09/2025: Russia Invades Romanian Airspace, Penske Media Sues Google Over LLM Slop
Links for the day
Links 15/09/2025: Bitcoin ATMs Scam and "Conservative Cryptography" (Backdoors Fantasies)
Links for the day
EPO Imitates Microsoft: "Three Days or More Per Week" Inside the Office to Get a Desk to Work on; "the Office Breaches Its Promise Towards Staff and Acts in Breach of Its Duty of Care"
The EPO serves no actual function in Europe
Links 15/09/2025: Political Affairs, Censorship, and Copyrights
Links for the day
Gemini Links 15/09/2025: Music Genres, Invisible Networks, and Akademy 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 14, 2025
IRC logs for Sunday, September 14, 2025