Bonum Certa Men Certa

It Certainly Looks Like Microsoft is Already Siccing Its Patent Trolls, Including Intellectual Ventures, on Companies That Use Linux (Until They Pay 'Protection' Money)

The patent strategy of Bill, Steve and Horacio seems to be alive and well even in their absence

Ballmer on patents
Full, 6-frame explanation of Microsoft's strategy



“People that use Red Hat, at least with respect to our intellectual property, in a sense have an obligation to compensate us.”

--Steve Ballmer



Summary: News about Intellectual Ventures and Finjan Holdings (Microsoft-funded patent trolls) reinforces our allegations -- not mere suspicions anymore -- that Microsoft would 'punish' companies that are not paying subscription fees (hosting) or royalties (patent tax) to Microsoft and are thus in some sense 'indebted' to Microsoft

THE analysis we presented here last month turns out to be very accurate. Our predictions didn't take long to materialise.



Let's start with some background. In spite of courts in the US limiting the patentability of software, the USPTO keeps granting these and failing to invalidate those already granted, unless someone petitions PTAB to look into particular patents. This means that, for the time being, even bogus patents continue to exist and they can be used for litigation. Challenging them, especially if they are used in bulk, can be very expensive (legal fees). Recently, some companies challenged Intellectual Ventures' claims against them and won. All of the software patents of Intellectual Ventures were found to be invalid. But at what cost? These cases had to be escalated all the way up to CAFC before that happened. How many companies out there can afford justice and how rarely would that be an option cheaper than just settling?

"How many companies out there can afford justice and how rarely would that be an option cheaper than just settling?"Nowadays, a lot of small companies choose the so-called 'cloud' for hosting. There are numerous reasons for this and they don't typically receive legal protections or indemnification from the host. There have already been cases where companies got hit with a lawsuit (or more) for a bunch of virtual machines.

This new article by Richard Kemp, providing a good example of what we mean by cloudwashing of software patents (adding something like "on the cloud", in order to fool examiners into granting software patents, thinking these are novel and combined with a machine).

"Cloud software patent claims will likely increase as more users migrate to the cloud," it says in the summary, alluding in particular sections about trolls to this phenomenon. Here are the relevant parts:

As the public cloud services market continues to mature and grow – up from $178bn in 2015 to $209bn in 2016 according to research company Gartner - the concentration of computing resources into cloud data centres is increasingly attracting the attention of Non-Practising Entities (NPEs) as a target for patent litigation. At a time when data security and privacy risks are front of mind for cloud service providers (CSPs) and their users, the intellectual property (IP) risks to cloud service availability posed by NPE patent claims are rising up the business agenda.

NPEs are businesses that assert patents through litigation to achieve revenues from alleged infringers without practising or commercialising the technology covered by the patents they hold. NPEs are uniquely well placed to monetise their patents at each stage of the litigation cycle. They have access to capital and all necessary forensic and legal resources; and an NPE doesn’t practise its patents so is immune to a counterclaim that a defendant might otherwise be able to bring against a competitor, or a cross-licence that the defendant could otherwise offer.

[...]

From the CSP’s standpoint all this is bad enough, but software patent risks are further exacerbated by increasing use of open source software (OSS) in the cloud. OSS, long in the mainstream, now commonly powers cloud computing systems. OSS developments are created by communities of individual developers. With no single holder of software rights, patent infringement issues are unlikely to be top of mind, and if they are, developers will generally lack the resources to help them navigate the risks. Simply because they are open, OSS developments and communities are easier targets for NPEs than proprietary software as they don’t need to go to the same lengths to discover potential infringement. The softness of the target increases risk for CSPs using OSS and their users.

Cloud software patent risk is evident and growing, so it is perhaps surprising that it has figured so little in the register of perceived risks up to now, especially when data protection, privacy and information security figure so high. Yet an unsettled cloud software patent claim runs risks to cloud service availability that are arguably of the same order as information security risks. The reason why cloud computing IP risks have had little public airing so far is probably that, while implicitly acknowledged, they have yet to be thoroughly expressed and articulated. For example, in UK financial services, now one of the most heavily regulated sectors, cloud computing is treated as outsourcing and in its cloud guidance, the FCA (Financial Conduct Authority, the UK regulator) states that regulated firms should, amongst other things: “monitor concentration risk and consider what action it would take if the provider failed ….”



How does that relate to Microsoft? Now comes the key part. Microsoft is trying to turn Azure into its new cash cow and it is also trying to turn its patents into cash cows. It's now doing in the cars what it's planning to do in the 'cloud', namely demand payments for patents (where [GNU/]Linux is used), otherwise send a bunch of trolls to make a legal mess. The Mafia model.

"It's now doing in the cars what it's planning to do in the 'cloud', namely demand payments for patents (where [GNU/]Linux is used), otherwise send a bunch of trolls to make a legal mess. The Mafia model."The other day we wrote about what Microsoft and its biggest troll (Intellectual Ventures) had been doing lately, having recently written about Microsoft marketing of "Azure IP Advantage" [1, 2, 3, 4, 5, 6, 7] -- eerily similar in many ways to the Microsoft-Novell patent deal.

It looks like Microsoft is already siccing its patent trolls on companies that don't pay 'protection' money, we noted, and now it looks like we have another new example, as covered yesterday by friends of Intellectual Ventures, IAM magazine. To quote the relevant bits:

The auto industry has been a hive of patent activity for several years. Manufacturers and suppliers are far more sophisticated players in terms of their own patenting, have become more assertive in fighting claims and are increasingly signing-up to defensive initiatives such as the LOT Network and Unified Patents. The emerging dynamics in the sector were on full display in two separate developments this week.

First up, on Monday, Intellectual Ventures filed seven lawsuits in Delaware against Toyota, Honda and BMW, and the suppliers Denso, Nidec, Aisin Seiki and Mitsuba. Each has been accused of infringing between one and five patents. IV has been attempting to license the auto sector for several years and in a significant boost to its efforts did a deal with Ford in 2015. Obviously not everyone in the industry has been as willing as Ford, hence this week's move.

[...]

On Wednesday Microsoft announced that it had agreed a new patent licensing deal with Toyota that includes broad coverage for connected car technologies. That deal, the software giant says, is the first in its new auto licensing programme; and so we can presumably expect some similar announcements in the coming months. The deal release was light on details, but the two companies have an existing IP relationship thanks to Microsoft’s recent Azure IP Advantage initiative, which Toyota was quick to sign up to. What will be interesting to follow is how any upcoming deals are structured given that Microsoft’s recent focus has been on using its IP as leverage in getting more of its products onto devices rather than as a driver of licensing dollars.

The Japanese car giant is clearly looking to ensure it has freedom to operate in a rapidly changing market. That strategy, so far, has not included signing a licence with IV — which Microsoft was an early investor in — but the Delaware lawsuit might bring things to a head.


The Microsoft-Toyota patent deal was mentioned here the other day. We later said that Microsoft is using software patents against GNU/Linux and relies on secrecy around what's covered (Android, file systems, etc.); for those who don't yet know, Toyota was historically close to Microsoft, but it recently defected to the Linux camp. Microsoft can't be too happy about that. Here are three items from the news:



That third one is particularly noteworthy as Daimler may be looking for some sort of protection though OIN -- a protection that will not come for reasons we explained some days ago. There's no redemption from trolls there, by OIN's own admission. OIN has in fact done nothing against Microsoft's latest patent manoeuvres against Linux. Nothing.

"Our prediction is that in various fields, be it security, car navigation, or anything "on a cloud" Microsoft will send trolls to wreak havoc unless/until the victims join some Microsoft 'protection' scheme such as "Azure IP Advantage"."To clarify, Intellectual Ventures is not the only Microsoft-connected troll which is storming and suing companies that Microsoft dislikes, particularly Linux distributors (e.g. devices). There are a lot of Microsoft-armed and Microsoft-funded trolls out there (we've named many over the years). Last night in the news for example, we saw this patent troll which is connected to Microsoft (even financed by it) settling with Avast. Based on the wording, it's maybe a settlement or 'protection' money (they don't say), but the text does say "Finjan remains, in various capacities, involved in patent-associated cases against FireEye, Sophos, Symantec, Palo Alto Networks, Blue Coat Systems, ESET (and affiliates) and Cisco Systems."

Finjan is a troll (as last mentioned earlier this year) and it seems to be going after every security company out there, equipped with nothing but software patents which we looked at closely in the past. Our prediction is that in various fields, be it security, car navigation, or anything "on a cloud" Microsoft will send trolls to wreak havoc unless/until the victims join some Microsoft 'protection' scheme such as "Azure IP Advantage".

Recent Techrights' Posts

Richard Stallman's Experiences With 'Cancel Brigades' Ought to Educate Linus Torvalds
Now they talk about "if Linus dies" scenarios
XBox Consoles Nearly Dead by Now, the 'XBox' (ex-Box) Brand Now Stands for Something Full of Slop, Spam, Filler, and Chaff
We're seeing the last day (maybe year) of "XBox"
Fake IBM Retirements (IBM Gives Older Workers Ultimatums, Deadlines, and Carrots on Sticks)
As they point out, IBM is desperate to lower costs
 
Life Got Simpler and Therefore Also Healthier and Happier
Some people envy not wealth but happiness (which they're unable to attain, even with hoarding and accumulation)
Links 26/01/2026: Financial Stress in German Farms and Germany Wants to Take Its Gold Reserves Out of the US
Links for the day
Gemini Links 26/01/2026: "Lack of Meaningful Things" and Getting Back to Programming
Links for the day
Strong Correlation Between the Slop Ponzi Scheme (or Bubble) and Major Disasters
BitCoin ruins the planet; so does slop
We Will Never Allow the "Alicante Mafia" to Hide "Cocainegate"
transparency typically scares malicious actors
Fewer Involuntary Interruptions This Year
This year we're doing much better
Prisons Are for Dangerous People Who Pose a Threat to the Public, Not People Who Inform the Public
At the end of the week EPO workers go on strike
Microsoft Loses Grip on Indian Ocean
Many countries, including in older allies of the US (such as Canada and the US), look for ways to get out of Microsoft dependence urgently
The Great "AI" CON Explained by Dr. Andy Farnell
LLMs are basically advertisers of sorts
Links 26/01/2026: "Journalists Detained", in Germany "Unjustly Jailed Man Gets €1.3 Million Compensation"
Links for the day
Red Hat Quietly Going Extinct After Bluewashing in 2026
At this point it would be rather foolish to assume that IBM will let Red Hat just "do its own thing" or maintain its corporate culture, identity, projects etc.
The "Alicante Mafia" - Part XII - Kris De Neef and Roberta Romano-Götsch, Who Stepped in for the Cokehead, Have No Comment on His Cocaine Usage (and the EPO's Cover-up)
Sh-t floats to the top.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 25, 2026
IRC logs for Sunday, January 25, 2026
Gemini Links 26/01/2026: Cold Perception, Software Patches in NixOS, and Sunk Cost Fallacy
Links for the day
Linuxiac is Basically a Fake News Site, But It's Being Fed by Google News
Because Google News is run by Google, a slop pusher
Links 25/01/2026: Slop "Tribalism", Nike Apparently Cracked
Links for the day
Claims That PIPs Are Abused for Silent Mass Layoffs at IBM (Without Severance) or Forced Retirements
Performance Improvement Plans (PIPs) "clearly bogus as everyone on my team who has been on one has been fired"
WebM Version of Richard Stallman's Latest Talk (Georgia Tech Talk)
The file size is smaller
After Half a Decade Vista 11 is Still a Giant Failure
Don't expect Microsoft to gain a foothold
Details on IBM Layoffs in the EU Last Week, Same Allegedly Coming to the US Shortly
"Around 50 people affected in Belgium."
Technology Trends Driven by DRM Giants, Planned Obsolescence, Not the Needs of the Buyers
The "pushers" think of customers as "users"; and they encourage passivity, Stockholm Syndrome
Links 25/01/2026: Microsoft BitLocker Backdoored for Decades Already, Microsoft-Backed ICE Still Murders Civilians
Links for the day
Gemini Links 25/01/2026: "Expert in a Dying Field" and Global Commands
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 24, 2026
IRC logs for Saturday, January 24, 2026
After the Slop Bubble
At the end, looking back, we'll all generally understand that the net effort of slop was environmental destruction
IBM CEO Says IBM is Just Reliant on Buzzwords That Are Overhyped
IBM has nothing to show anymore and telling fairytales to shareholders is a temporary 'fix'
The "Alicante Mafia" - Part XI - No Comment From Steve Rowan, Niloofar Simon, and Christoph Ernst About Cocaine Inside EPO
What kind of patent office is this?
Projection of Fanatic From Microsoft
Microsoft Lunduke is pandering to the 4Chan 'crowd'
Digg.com (Digg) is a Censorship Platform, Just Another Social Control Media/Network, Controlled by the Few
We are not going to bother with any social control media
Spam, Slop, and Fake 'Articles' Regarding "Linux"
Serial Sloppers like these are harming real reporting about Linux and GNU
Rape investigation dropped: Will Fowles & ALP transgender deception
Reprinted with permission from Daniel Pocock
Diversity, Grooming & Debian transgender Zero
Reprinted with permission from Daniel Pocock
Pauline / Maria / Alice Climent(-Pommeret) & Debian transgender offensive cybersecurity deception
Reprinted with permission from Daniel Pocock
Did judge with transgender sister & Debian conflict of interest help cover-up a death?
Reprinted with permission from Daniel Pocock
Giving a Voice to the Community (Even When It's Inconvenient or 'Scary')
Once upon a time we were threatened with deplatforming for merely reposting articles by Daniel Pocock; we no longer have this problem
Links 24/01/2026: CBS News Demolished From the Inside and Many Publishers Admit Layoffs
Links for the day
Gemini Links 24/01/2026: Dreams and Raspberry Pi Zero 2W
Links for the day
Richard Stallman's First Talk in US College Since 2018: Videos and Photos
There are some backstories
Judge Richard Oulevey (Grandcour Choeur, Tribunal Vaud) & Debian shaming abuse victims and witnesses
Reprinted with permission from Daniel Pocock
Judgment: French army vanquishes German FSFE on Hitler's birthday, Microsoft contract dispute (1716711)
Reprinted with permission from Daniel Pocock
EDPB/CNIL privacy expert Amandine Jambert (cryptie, FSFE) implicitly admitted lying about harassment when she resigned admitting conflict of interest
Reprinted with permission from Daniel Pocock
Links 24/01/2026: TikTok Controlled by Alt Reich in US Now, White House Shares Fake, Manipulated, Misleading Images Already
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"
Dirty Laundry at Debian and Elsewhere
We cannot just brush aside real issues involving real people and their families
Illegal, Unconstitutional Kangaroo Court for Patents Drops the Masks, Shows Its Real Purpose is to Serve Multinational Monopolists and Crush European SMEs
Europe (or the EU) is rapidly becoming a corporate project, not a unified governance initiative
The "Alicante Mafia" - Part X - EPO Strikes to Begin Next Week
Things gradually escalate this month
Gemini Links 24/01/2026: Snow, Boxing, and Lisp is Fun
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 23, 2026
IRC logs for Friday, January 23, 2026