Bonum Certa Men Certa

State of the Intellectual Bully: Patent Raids, Trolls, and Microsoft

Here is another quick roundup of patent news.

FSF



The Free Software Foundation is joining the good fight against software patents.

In addition, the FSF is planning to hire a new manager for its End Software Patents campaign.


India



The FSF is also active in Chennai (Madras), where the existing problems [1, 2, 3, 4, 5, 6, 7, 8, 9, 10] are being discussed and will hopefully be tackled.

With FSF and ILUGC friends, also representing our LoCo Community attended the Patent Manual - Stake Holder’s Meet held at Intellectual Property Office, Guindy, Chennai.

The Manual has provisions for bringing in Software Patents in cases what it claims to be “Software combined with Hardware”. We expressed our concerns on it and the ambiguity over the term used.


Here is another long article about software patents and India. It was published just a couple of days ago.

India for its part seems to have adopted the more conservative approach of the European patenting norms for software. But the Ordinance definitely has its use and relevance in today’s India, particularly for our growing domestic semi- conductor industry. This, along with judicial tempering might definitely ensure a judicious use of patent protection while allowing the industry to grow through innovations and inventions, thereby, mitigating the risks of trivial patents chocking the life out of real innovations and inventions. This is the reason a patent should always be treated as a “double edged sword”, to be wielded with caution and sensitivity. Now whether, in reality this will be implemented on a rigid basis or will become broad in scope through application (as in the U.S.), and, more importantly, whether the Ordinance would, in fact, result in increased innovation and inventions in the software industry, remains to be seen.


Extremity Kills the System



There is still a certain state of unrest as the world fights back. An expert of the subject was quoted in The Register saying that a lenient and careless patent system can have devastating effects on the economy. Software patents are a good example of going too far.

Intellectual property laws which were designed to protect inventors are actually stifling innovation, according to a leading US law academic.

Michael Heller, an academic at Columbia University in New York, told technology law podcast OUT-LAW Radio that intellectual property laws are being used to stop new products and services being made.


More can be found here and this paper is strongly recommended.

Here is what happens when patents turn violent.

Armed agents search for patent infringers

[...]

A spokesman for German Customs told us: "We've raided 69 companies today. We have seized equipment including flatscreen TVs, CD players, set-top boxes and MP3 players."


Yes! This is innovation. Feel the excitement.

This also happened 6 months ago and was mentioned here. Also 2 years ago.

There have been long discussion about this in the IRC channel today. Doug quotes a new press release: "Effective August 26th, 2008, licenses under those DVB-T essential patents will be available from SISVEL as an alternative to negotiate separate licenses with the individual patent owners." Zoobab says that Sisvel is a Philips proxy using the same extorsion tactics as Philips and Doug believes that it's one way of getting a choke hold on the Media. He also adds this pointer [PDF], then saying: "This is a HUGE story. Why isn't the main stream press covering it?"

Elsewhere in the news, the fight between Qualcomm and Broadcom continues.

The legal drama between wireless chipmakers Qualcomm and Broadcom continues this week.

On Thursday, the companies said a federal judge has ruled that Qualcomm is in contempt of an injunction that bans the use of patented wireless technology owned by Broadcom.


Patent Trolls



Watch this from news:

Patent-licensing and enforcement company General Patent Corp International has reached a settlement with Motorola over a disputed patent belonging to one of GPCI's clients, Digital Technology Licensing.


Mind the names: "General Patent Corp International" and "Digital Technology Licensing". Are these classic names for patent trolls or what?

Software patents monster Blackboard [1, 2, 3], which is associated with and funded by Microsoft, is still fighting for its abusive business strategy, which revolves around intimidating rivals with ludicrous software patents. Here are some of the latest developements. [via Digital Majority]

The U.S. Patent and Trademark Office has rejected a request by Blackboard Inc. for a temporary halt in the office’s review of a software patent the company holds concerning course-management systems.

This year Blackboard won a lawsuit in federal court against a rival software company, Desire2Learn, for violating the patent, though Desire2Learn has appealed the decision. Meanwhile, Desire2Learn had formally challenged the validity of the patent with the patent office, arguing that it is overly broad and covers technology that other companies had developed before Blackboard filed its patent. The patent office issued an initial verdict in March that rejected all 44 of the claims that make up Blackboard’s patent. But that review is “nonfinal,” meaning that the review is still underway.


Microsoft



A patents lover called Microsoft is aiming for embargoes again. We first saw such behaviour a month ago and it seems to be the beginning of a pattern. Microsoft has turned offensive with its patents. From the news:

1. Gov't grants Microsoft's request for imports probe

Horacio Gutierrez, a Microsoft vice president, said the company filed its request with the ITC last month after trying unsuccessfully for several years to reach a patent licensing agreement with Primax.

The ITC performs economic research on trade agreements and investigates unfair trade practices. The agency has the authority to bar imports that infringe U.S. patents and trademarks.


2. "ITC Will Hear Microsoft Complaint Against Taiwanese Co.

The U.S. International Trade Commission will investigate a patent infringement complaint filed by Microsoft against a Taiwanese company.

In the complaint filed July 30, Microsoft alleges that Primax Electronics infringes the software giant's patents used in peripherals including keyboards and mice. Microsoft is asking the ITC to ban the importation of the products.


3. Microsoft achieves U.S. review of mouse complaint

At the end of the day, Microsoft pretends to be just a poor and innocent victim in a messy system. That's not the case. Also noteworthy is the fact that Microsoft targets a Taiwanese company only a week and half after Taiwan had filed a formal complaint against Microsoft.

The 'Page Up'/'Page Down' patent from Microsoft was mentioned in [1, 2, 3]. This is so utterly ridiculous that the press is still paying attention to it.

Microsoft has been granted a patent on 'Page Up' and 'Page Down' keystrokes.

[...]

Microsoft has a long history of applying for, and being granted patents for, inventions that many argue — and can sometimes demonstrate — were based on earlier work carried out by others, or based on a common, self-evident idea.


More in John Dvorak's blog.

Microsoft has a new business model, and it ain't about fixing Vista or just marketing it aggressively. It's likely to do with litigation, either directly or by proxy.

Nathan Myhrvold

Recent Techrights' Posts

SLAPP Censorship - Part 72 Out of 200: Microsoft's Graveley and Garrett Signed Documents That Hold Them Accountable to Truth and Liable for Lies
Such collaborations are unsavoury and apparently unprofessional, too
 
Microsoft XBox Staff Know They're in Trouble, They Try to Unionise Ahead of Mass Layoffs
As the slang goes, it's going to be a "bloodbath"
Links 10/05/2026: Fake Suicide Notes and New EU Restrictions on Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 09, 2026
IRC logs for Saturday, May 09, 2026
Gemini Links 10/05/2026: Travelling to Van and "Dark Mode" as Passing Fad
Links for the day
IBM's Kyndryl Holdings Inc Sank 70-75% in 'Value' in 10 Months, Will IBM Follow?
Kyndryl Holdings Inc now has a debt considerably higher than this company is said to be 'worth'!
Belated Sovereignty: GNU/Linux in Iran Skyrockets to 6% Amid Armed Conflict
unless they're truly in control of their networks, hardware and software, somebody else can control them
Gemini Links 09/05/2026: Liberation, The Nocturnals, Rediscovering Internet Radio, and More
Links for the day
Links 09/05/2026: Kremlin’s Biggest Day of the Year and FBI's Attack on the Media (to Save Face)
Links for the day
Google is "Bullshit"
Fix your slop, Google. It's broken.
SLAPP Censorship - Part 71 Out of 200: 5RB Barristers Made Tens of Thousands of Pounds by Changing From Plural to Singular for Microsoft's Graveley and Garrett
Could not even get the client's name right
Links 09/05/2026: "Grand Theft Oil Futures" and Mass Layoffs at Verizon
Links for the day
Gemini Links 09/05/2026: Inkscape "Copy Text Style" and NomadNet
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XVII - European Patent Office (EPO) Management Not Sharing Responsibility for Financial Resources
For those who wonder, EPO strikes are still going on
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 08, 2026
IRC logs for Friday, May 08, 2026
Gemini Links 08/05/2026: Slop Falsely Marketed to Greedy Administrators and New Official Maintainer of Antenna Confirmed
Links for the day
Links 08/05/2026: French Prosecutors Seek Charges Against MElon, Europe Wants Young People Without Skinnerboxes (Smartphones)
Links for the day
2,000-4,000 More Layoffs Expected at IBM's Kyndryl, Some Say Over 10,000 Layoffs
They use euphemisms like "restructuring" or "rebalancing"
Social Control Media and GAFAM as National Security Threats (Domestically and More So Abroad)
"Algorithms control messages, swayed 2024 presidential election"
Gemini Links 08/05/2026: Dissociated Pride and Prejudice, Smallnet Protocols Roundup
Links for the day
Links 08/05/2026: Slop Profiteer NVIDIA (and Circular Financing/Accounting Fraud Leader) May Be Liable for Mass Copyright Infringement, Kyndryl (IBM) Layoffs
Links for the day
Outgoing OSI Chief Was Paid by Microsoft to Advocate for GPL Violations (Using the OSI's Name). Now, Inside OIN, He Says GPL Violations Are 'Freedom'.
It seems like only compromised people can be "allowed" to run today's OSI
SLAPP Censorship - Part 70 Out of 200: Microsoft's Graveley Injunction Request 100% the Same as Garrett's (Pure 'Copy-paste', Not Even a Word or Single Character Changed!)
Not so funny at all
Over 97% of the 'Linux' Foundation's Budget Goes Not to Linux
There is a term for this: mission creep
Cloudflare is a Giant Pile of Debt, Now There Are Mass Layoffs and Media Coverage About This is Churnalism, Sometimes by Slopfarms (False Excuses)
If Cloudflare goes under, it'll be great news
NDAs as a Price Tag on Criticism (or Honest Expressions of Opinion)
What ever happened to accountability? Suppressed by reverse bribes (via NDAs)?
Internal Microsoft Communications Confirm: "Buyout" Offer Worse Than a Year's Salary and Microsoft Offers "Retirement" to Young People Who Cannot Retire
Does that sound like a good offer or marching orders?
It's Not a GAFAM World Anymore and There Are Far More Operating Systems Than Google's, Apple's, and Microsoft's
we're not getting the full picture of what's happening
Site Overhauls at Cybershow and at analognowhere.com (Less is More!)
They seem to be replacing the heavy PHP backend with static HTML pages
Microsoft's XBox is Going Away Like Microsoft's Skype (Slowly But Surely, Then All at Once)
XBox is dying rapidly
Codecs and Software Patents - Part IV - Things Got So Bad That Some Laptop Sales Got Banned in the EU (Over Software Patents!)
If software patents lead to such severe outcomes, shouldn't the media pay closer attention to the problem?
The Corrupt Lecture the Non-Corrupt - Part XVI - EPO Had Data Breaches, Covered Them Up, Now Lectures Staff That Didn't Do It and Didn't Cover It Up
Imagine what would happen to staff if (non-anonymously) blowing the whistle on management leaking and then covering up EPO data breaches
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 07, 2026
IRC logs for Thursday, May 07, 2026
Mass Layoffs at IBM's Kyndryl, Slop Won't Save Kyndryl
Kyndryl is a "done deal". It's done. It's finished.