Bonum Certa Men Certa

Patents Roundup: Trolls, Acacia vs. GNU/Linux, and Software Patents at Jeopardy

Software patents protest in India



At times of economic hardship, companies might hunt for additional or alternative sources of revenue. This is, to an extent, part of one's obligation to the stakeholders.



One serious problem is that under such an economic climate, various companies struggle (a few even fight for their very survival), so the possibility of so-called 'defensive' patents going offensive is increased. If the likelihood of lawsuits goes up, so is the general tension among inventors, who will become, well... less innovative.

An interesting observation has just been made by Matt Asay, who shows this pro-trolling material, or at least the encouragement of extortion/lawsuit tactics.

Forget about providing customer value. It's time to pillage customers and competitors alike by amassing and harvesting patent portfolios. You, too, can be a patent troll. Sign up today!!!


Like many predatory schemes, such as Microsoft's patent extortion and its troll Myhrvold's escapades in India and giants lie Cisco, all of this is happening secretly. Settlement apparently require that no disclosure is publicly made.

Going by evidential terms, it's likely that Microsoft has already selected Free software, including Red Hat, as a subject of litigation [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. This particular reference is to Acacia, whose case Groklaw is shedding some light on. It is interesting to see who else Acacia has attacked.

The fact that patent litigation follows this process explains something I noticed. Guess who else IP Innovation has been suing in Texas in addition to Red Hat and Novell? Google and Apple [PDF] and Dell [PDF], but Apple got all claims against it, regarding the '412 patent, dismissed in mid-June, without even having to file an answer.


Only recently we wrote about Microsoft's litigation-by-proxy pattern, the context being Apple and Google. However, some time in the past Acacia turned against Microsoft as well. Conclusions would be premature.

There a also couple of good posts from Vincent McBurney. The first one explains why software patents are moronic.

Software companies cannot win under the current patent system. A software product can be so complex that it can require hundreds of patents to cover everything that is unique about the product. If the company tries to file for everything they invent they spend a fortune on patent attorney fees and filing costs. If they don’t file then another company will “invent” the same thing and file and the original company can end up being threatened for patent infringement.


The second long post talks about the high costs of software patents and they they are a lose-lose situation to everyone (except patent trolls).

The litigation will be a nuisance to the big software vendors involved but with revenue in the hundreds of millions, if not billions, the legal fees will hardly be a blip on the radar. What I do have sympathy for are the defendants who are battlers in the marketplace who are in a no win situation. Either win the litigation and face millions in legal fees or lose and face additional millions in damages.


There is some resistance coming from Broadcom, which has just filed a complaint due to damaging patent-licensing practices.

Broadcom, the US chip manufacturer, is preparing to land a new blow in its legal dispute with Qualcomm. In a press release, it says it has filed a complaint with the US District Court for the Southern District of California, in San Diego, against its competitor's patent licensing practices. The complaint invokes a recent ruling by the US Supreme Court which, in June, further restricted the scope of patents.


Any restriction on the basis of scope of patents may also include the elimination of software patents. We look forward to the Bilski ruling. It could make a huge difference and even defang Acacia or Intellectual Ventures, both a threat to Free software because of their Microsoft association and commercial existence as very large patent trolls. ⬆

Recent Techrights' Posts

NVIDIA Buys the Media With Companies It Sponsors to Pretend to be Customers (Circular Funding Scheme)
The media crisis worsens
Brigading Against Women - Part IXX - Overreaction From Young Female Professional After Invalid Threats Made and Sent From an Incel in Another Continent
Cowards who send threats after committing crimes online
libera.chat is an Agenda-Peddling Platform Run by Agenda-Peddling Individuals
The volunteers of libera.chat ("staff") aren't working for free, they work towards an agenda
Secret Microsoft Layoffs and Maybe Another "Voluntary Exit Program at Microsoft in October"
there's a morale crisis at Microsoft
 
Red Hat is Phased Out of Existence This Month Onwards
Within a few years we'll probably not see many redhat.com addresses anymore; many became ibm.* last week
Finland's GNU/Linux Share Measured at 12%
Last month GNU/Linux was measured at about 10% in Finland
UK Layoffs and Closures by Microsoft. In Expected Blow, Microsoft Likely Shuts Down Another Studio.
Microsoft's layoffs are never-ending, they just try to keep them all secret.
Discussion About Potential Sale of EPO Buildings and Enshittification of Europe's Largest Patent Office
It's noteworthy that only one hour (or 70 minutes) was devoted to so many topics
Stonewalling by Bots
We'll now turn our attention back to EPO and other matters
Gemini Links 05/10/2026: "Posthumanism", Cardputer, and More
Links for the day
Links 05/10/2026: “I’m Embarrassed on Behalf of the Tech Industry” and Slop Scammers "Lobbying the Vatican"
Links for the day
SIRIUS OPEN SOURCE LTD Officially Insolvent, Is Reform UK Next?
Sirius no more
Links 05/10/2026: "Congress Must Investigate War Profiteers Once Again" and Update on Thomson Reuters v. Ross Intelligence
Links for the day
Nobel Season is Plutocracy Week
Later this week the billionaires will give a fake "Nobel" (in "Economics") to someone who parrots their preferred narrative and those same billionaires will use "Nobel" to bless the promoter of their latest pyramid scheme/buzzword
GNU/Linux Market Share in North America 13% This Past Weekend
It is perhaps not shocking that adoption of GNU/Linux is very high there
When Did Europe Begin to Side With White-Collar Criminals (or Participate in Suppressing People Who Oppose Them)?
How much corruption can we tolerate before the European Union becomes another Russian Federation?
Libera Chat's "Level of Control Might Make Sense for a Corporate Platform"
IRC is not centralised
Brigading Against Women - Part XVIII - Turning Censorship Attempts (Articles About Matthew Garrett) Into Mild Redactions
What Lozza did two years ago
Greenland Needs Digital Sovereignty
the large icy island isn't moving to GNU/Linux as quickly as the rest of Europe
Tracker of Internet Relay Chat Networks Out of Service (But Not Down) Since Thursday
We should note that the number of unique networks they track has grown since we last checked
Gemini Links 05/10/2026: NixOS, Guix, Codeberg Banning Slop, and "Gopher Apps on Android"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 04, 2026
IRC logs for Sunday, October 04, 2026
MIT Technology Review (MTR) Reinforces MIT's Role in Promoting Slop (Pyramid Scheme) in Exchange for Money
MIT is a poster boy (or child) of institutional corruption, perverts, and corporate takeover
Many Topics to Cover
Drops in a big ocean
Proving Wrong Those Slop Maximalists and Boosters, GAFAM Says Slop is a Nuisance and Bans/Hides the Slop Submissions
People who say slop in projects is inevitable or even desirable are usually cheaters with self-guilt
Links 04/10/2026: “AI Torture Chamber” and "Aggressive Push to Integrate Hey Hi (AI) Slop Into Schools Is Turning Into a Disaster"
Links for the day
How Microsoft Hides Massive Layoffs From the Media (as Explained by Microsofters)
"rewards" are not exactly rewarding
Brigading Against Women - Part XVII - The Appeal
more to be known towards the end of the year
Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026