Bonum Certa Men Certa

Amazon and Google Have Both Become Part of the Software Patents Problem

Giants benefit from a so-called 'thicket' (patent barrier to entrants) that protects their monopoly/ies

Page Rank
Some truly fundamental software concepts -- however trivial (simple reference count) -- are already patented by Google (or Stanford)



Summary: The transition from so-called 'defensive' patents to offensive patents (ones that are used to suppress competition) as seen in Amazon and in Google, which is already suing rivals and is pursuing additional patents by acquisition

AS noted in our previous post, it's still possible to get software patents granted, albeit they're very difficult to successfully enforce in court.



Amazon is said to be one of the most litigated companies out there (if not the most, depending on what's measured). There were articles about it last year. Amazon, as far as we're aware, is not a patent bully, at least not yet (growing companies rarely need to resort to aggression). Google, by contrast, started patent aggression earlier this year.

"They are loathed partly because software patents are an abomination in general."Generally speaking, software patents -- especially after Alice/Section 101 -- are lame ducks, but not if the accused (or defendant, mainly if this reaches the court) cannot afford a legal battle.

"Amazon, eBay, Google lead surge in AI patents" was the headline of this article from last week. As we noted in the last post, "AI" is one of those buzzwords that are frequently used to justify software patent grants. "The whitepaper," it says, "titled "Artificial Intelligence in Retail: Patent Analysis," suggests that the publication of patent filings may have peaked in 2015, with 329 publications that year, before drifting down to 296 in 2016. Prior to 2015, there were 128 AI-related patent filings published in 2012, 191 in 2013 and 224 in 2014. There have been only 54 published this year, though Netscribes stressed that there is often an 18-month lag between when patents are filed and when they are published."

These are software patents.

As an article recently put it, Mr. Bezos suggested reducing the lifetime of "business method and software patents from 17 years to three to five."

Well, he never did that or never really accomplished any of this. In the meantime, as stated above, Amazon continues to stockpile lots of horrible patents, as does Google. Amazon-friendly media like GeekWire has just published this podcast about the recently-expired one-click checkout patent of Amazon. From the show's outline: "The patent was for the technology that made one-click checkout possible, and on this episode of the Week In Geek, we dig into why it was so unpopular and why patents themselves occupy a controversial place in the tech world."

Well, this Amazon patent was one of many that are similarly outrageous. They are loathed partly because software patents are an abomination in general. Over the years we covered several other examples of Amazon patents that should never have been granted at all. Certainly, as it's likely inevitable, one day Amazon too will resort to patent aggression. Or an aggressor might buy/receive these patents.

As for Google, well... an older article of ours reached Hacker News' front page and Reddit last week. No idea why people suddenly cared half a year late, but we can only speculate that it had something to do with reports like this one (a subject we covered a week ago). Here's another report about it:

Entropy coding technology known as ANS devised by a Polish academic is now sought to be patented by Google – even though he released it into the public domain precisely so no company could swoop on it and lock it up.



So Google is increasingly being portrayed as a raider of ideas and a patent opportunist that seeks a monopoly even on the public domain. Not good...

Now that Google uses patents pro-actively it cannot be cheered and can no longer be trusted with any patents. According to this blog post from IAM, Google might soon take HTC's patents too:

Three weeks ago, Bloomberg reported that Taiwan smartphone maker HTC has held takeover talks with Google, as the struggling business explores ‘strategic options’. More recently, several outlets have reported that a deal – either for the whole company or just its smartphone unit – is in late stages. Other options on the table include an investment by the US company. Whatever happens, there is a good chance that HTC’s days as a stand-alone smartphone maker are numbered. If Google does pull the trigger, this latest hardware deal won’t have patent implications as big as its previous Motorola turnaround, but it will mark the unification of two long-term patent partners.


Remember that after Google had taken patents of Waymo it sued a competitor. It's now a CAFC case, Waymo v Uber, reminding us of the real danger of any patents landing on Google's lap. As Patently-O put it some days ago:

The Federal Circuit has released a pair of decisions (2017-2235; 2017-2130) in this patent / trade secret case. Waymo (Google) sued Uber (Ottomotto) for patent infringement and trade secret misappropriations. “Specifically, Waymo alleges that its former employee, Mr. [Anthony] Levandowski, improperly downloaded thousands of documents related to Waymo’s driverless vehicle technology and then left Waymo to found Ottomotto, which Uber subsequently acquired.”


Google uses patents against rivals. Expect it to do more of that (the temptation is greater once it has been done already). As for Amazon? Give it time and see Bezos too (as the world's richest man, like Bill Gates before him) turning to patents as a last resort to save an empire.

'“Other than Bill Gates, I don’t know of any high tech CEO that sits down to review the company’s IP portfolio" —Marshall Phelps (formerly of IBM, which also resorts to patent aggression because its empire crumbles)



Recent Techrights' Posts

What Happened to the Open Source Initiative (OSI) Elections: Missed Deadline
they helped expose a number of other scandals
Red Hat's Owner is Called "America's Worst Tech Company" (IBM) and Microsoft's Liabilities Grow
Microsoft has about a quarter of a trillion (yes, trillion with a "T") in liabilities
 
Major Microsoft Layoffs This Week (Discussed Online)
later we can expect a lot of spin, even misinformation
Links 12/05/2025: Measles Rising and Taliban Outlaws Chess in Afghanistan
Links for the day
Gemini Links 12/05/2025: Advice, Iorist Ethics, and Touchscreens
Links for the day
The Finances of GAFAM Aren't as They Seem
MICROSOFT FINANCIAL PYRAMID revisited
Links 12/05/2025: US Brain Drain and Reminder That "Microsoft's Lobbying Efforts Eclipsed Enron" (Fraud Coverup)
Links for the day
The Enshittification of Royal Mail (Post Office/Postal Services) Continues
Enshittification is a thing, not only in the digital realm
If the Gossip is True, Today Microsoft Has "Large M1 Meetings" to Discuss Almost 30,000 More Microsoft Layoffs in 2025
the claim is that Microsoft is preparing to lay off 10% of its staff
Microsoft Has a Long and Proven History of Funding Meritless Lawsuits Against Rivals and Critics (It Always Backfires)
It also looks like the solicitor used by two Microsofters to SLAPP us is being urgently replaced
Links 12/05/2025: Gardens and Kitchens
Links for the day
Links 12/05/2025: Media Being Attacked (New Forms of Attack on the Press), Many Data Breaches
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025
Links 11/05/2025: Pyotr Wrangel and Kubernetes With FreeBSD
Links for the day
What Happened to the Open Source Initiative (OSI) Elections: A Moment of Silence and Revisionism Amid US Government Investigation and Community Uproar
Not a word this month
Microsoft Florian Becomes Patent Troll, Arranges to Sue Companies (Extorting Money Out of Them)
From campaigner against software patents to paid Microsoft shill to "FOSS patents" (actually attacking FOSS) to revisionism as "books" (for Microsoft)... and now this
How the SLAPPs From Microsoft Staff Are Connected to the Corrupt OSI, Whose Majority of Money Comes From Microsoft for Openwashing, LLM Hype, and Whitewashing GPL Violations During Class Action Trial
Let's explain how some of these things are connected
Links 11/05/2025: China's Fentanylware (TikTok) Tells Kids to Vandalise Schools' Chromebooks and Increased Censorship in India
Links for the day
You Need Not Be a Big Company to Defeat Microsoft If You Can Successfully Challenge Its Core "Ideas"
Maybe that's just a sign that the ideas of RMS have become too effective and thus "dangerous"
Gemini Links 11/05/2025: Yeeting Oligarch Tech, Offline Browsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 10, 2025
IRC logs for Saturday, May 10, 2025
One is Simply Doomed to Fail When Working for Violent Men From Microsoft and Attacking Women as Well as People Who Merely Expose Crimes or Report Real Crimes
Imagine saying to people that you "practice law" or "exercise law"
The Tariffs Are Accelerating Microsoft's Decline in China
Judging by the way things are going, there will be considerable adoption of GNU/Linux in years to come, China being one major contributing factor.
Control Your Systems, Control All Your Data
what does it take for us to control our own systems and data?
Misplacing Blame for Security Problems, Sometimes With LLM Slop That Blames "Linux" for Microsoft's Failures
Broken telephones and stochastic parrots beget plenty of Fear, Uncertainty, Doubt (FUD)
Links 10/05/2025: WW2 Revisionism, Further Tit-for-tat in India-Pakistan Conflict
Links for the day
Links 10/05/2025: Germany Considers Smartphone Ban in Schools, Right to Repair Bills
Links for the day
Gemini Links 10/05/2025: Git Server and Great LLM DDoS of 2025
Links for the day
Blizzard/Microsoft Unions Grow Ahead of Mass Layoffs at Microsoft, Apparently Starting Next Week (as Many as 30,000 Workers Laid Off by Year's End)
Microsoft already fired about 5,000-6,000 workers this year by our estimates; that's not counting resignations compelled through pressure (i.e. pushed, did not jump) and contractors
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 09, 2025
IRC logs for Friday, May 09, 2025