Bonum Certa Men Certa

Ray Niro, Microsoft, and Other Patent Failures

Patent troll



AN IMPORTANT STORY that we mentioned on Boxing day is about a high-profile, yet outrageous, lawsuit that involves software patents and what some sources label "trolling". As correctly pointed out here:

If necessary, Google, Microsoft, and Apple will surely fight all of this tooth and nail. Whether even a smallish effort is necessary remains to be seen, however, since examples of prior art are abundant.


Prior art has already been identified.

In five minutes of searching, I found this mention in a book that Windows 98 offered an option to use image thumbnails in Explorer. Cygnus originally filed their patent on June 12, 1998, but Windows 98 was already in beta at that point -- I was testing it at that time -- and by that time Microsoft probably had the feature implemented. And I wonder, where did Microsoft get the idea for the feature? Was it really a totally original idea, or did they have some earlier example they were following?


Now, watch this:

The Niro firm is representing the patent holder – Cygnus Systems. An additional continuation is pending. The complaint can be found through Stanford's LexMachina Database.


Niro?

Over time, however, I have heard from many people in the industry that what they see coming at them by way of lawsuits is nothing more than harassing, and I would have to say if that is the definition of what a patent troll is then I can’t imagine how else Cygnus Systems could be properly characterized. The federal complaint filed by Raymond Niro in the United States District Court for the District of Arizona has absolutely no useful information in it and is hardly appropriate to put anyone on notice of what the plaintiff is claiming the defendants did wrong.


Is this Raymond Niro [1, 2, 3, 4, 5, 6, 7] by any chance?

Why yes it is. "Cygnus Systems has initiated a patent infringement law suit with Niro, Scavone, Haller & Niro Partners against Microsoft, Google, and Apple Inc."

So, the father of a notorious methodology for abusing loopholes in the patent system could be a mastermind behind this mess. This lawsuit is also covered here and here.

Microsoft was among those who got sued, but it's no victim; far from it. Microsoft is seeking a patent on addictionware/drugware that restricts people's ability to own and control their computers, returning us all back to the age of mainframes when Gates and Allen unnecessary created problems.

Microsoft files pay-per-use PC patent



[...]

Microsoft's patent application does acknowledge that a per-use model of computing would probably increase the cost of ownership over the PC's lifetime. The company argues in its application, however, that "the payments can be deferred and the user can extend the useful life of the computer beyond that of the one-time purchase machine".

The document suggests that "both users and suppliers benefit from this new business model" because "the user is able to migrate the performance level of the computer as needs change over time, while the supplier can develop a revenue stream business that may actually have higher value than the one-time purchase model currently practiced".


This seems like a repetition of one of Microsoft's oddest patent stories, which we covered here before. They want to apply the same principles to access to documents [1, 2].

Intel, Microsoft's collusions partner, is helping Microsoft with this initiative by the way, especially in countries that are determined to move to GNU/Linux. This pair also collaborated on destruction of OLPC's mission, which was to help underprivileged children. Microsoft's vision is entirely different -- it's about artificial limitations and addiction as well.

Elsewhere in the news, which got published throughout the holidays, software patents strike again:

On Christmas Eve, South Korean game developer NCSoft received a lawsuit in its stocking from a Massachusetts firm that claims to hold an extremely broad patent for developing online virtual worlds.


We already know that the system is broken and, in order to make progress, companies with strong presence must push for a reform, but it's not happening just yet.

The tech giants in the Coalition for Patent Fairness are joined by a strange assortment of others, most notably prominent banks such as Bank of America, Wells Fargo, Wachovia, HSBC North America, Capital One and others. The reason for what appears to be a strange assortment of collaborators is the fact that tech giants like Google, Microsoft, Cisco, Apple and others are facing what they characterize as a huge patent troll problem, and this so-called patent troll problem comes disproportionately from business method patents and software patents. So it is easy to see why the banks and tech giants have formed an alliance to go after these types of patents that impact technology, communication and software. The Coalition for Patent Fairness is waging an all out assault on those that invent in the high-tech areas that will define the future of the US economy.

[...]

The Coalition for Patent Fairness home page has a series of factoids in the bottom right corner. If you refresh the screen you will see several different factoids pop up, all with the objective of scaring those who read the information into believing that there is a patent troll problem and the technology and bank members of the Coalition are the victims and they are almost helpless to do anything. First, they are not helpless, they just choose to pursue bad strategies that are calculated to encourage patent troll lawsuits.


A solution may come nearer to an extent, ushered by the Bilski ruling [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14].

Experts believe that the Supreme Court is unlikely to accept review of the Bilski decision, leaving intact Bilski’s rule that to be patentable, computer software must meet a (nonstatutory, judicially-imposed) “machine or transformation” test.


It's not just business methods and software that make bad patents. There are ethical questions too when life is at stake. Glyn Moody possibly paraphrases Slated when he points out that:

There is currently a huge bun-fight going on at the WHO over who has the "rights" to "own" key genomic information about pandemic influenza viruses.

[...]

You would have thought that against the background of a financial system brought to its knees by blind greed, at least here at the World *Health* Organisation there would be a more, er, healthy and mature attitude to saving the world from a potentially even greater disaster. Apparently not....


Patents need to be reassessed not in terms of their financial impact alone but their impact on life too. Many patents are inherently unethical as they lead to deaths, primarily in the name of endless greed profit and reluctance to share vital information innovation.

"Since the birth of the Republic, the U.S. government has been in the business of handing out "exclusive rights" (a.k.a., monopolies) in order to "promote progress" or enable new markets of communication. Patents and copyrights accomplish the first goal; giving away slices of the airwaves serves the second. No one doubts that these monopolies are sometimes necessary to stimulate innovation. Hollywood could not survive without a copyright system; privately funded drug development won't happen without patents. But if history has taught us anything, it is that special interests—the Disneys and Pfizers of the world—have become very good at clambering for more and more monopoly rights. Copyrights last almost a century now, and patents regulate "anything under the sun that is made by man," as the Supreme Court has put it. This is the story of endless bloat, with each round of new monopolies met with a gluttonous demand for more."

--Lawrence Lessig



View SlideShare presentation or Upload your own. (tags: patent court)

Recent Techrights' Posts

The Register MS Has Just Published Slop Spam for NVIDIA and HP, It Says "AI" 43 Times
As usual, The Register MS ought to be ashamed of itself for participating in it
The Slop Debt (Trillions of Dollars, Money That Does Not Exist) is Causing the Collapse of GAFAM et al
This slop hype will end up like "metaverse", except "metaverse" never ended up justifying trillions of dollars in "investment"
Social Control Media is the Opposite of Information
That says a lot about social control media
Lack of Empathy Rampant in the Sector
Sociopaths are sociopaths. They cannot help themselves
Before the "Big Tech" (That Almost Everybody is Forced to Use) Was Controlled by Men Who Hate Women
Such rejection and even hatred of women qualifies/enshrines oneself as an "incel"- a dangerous and violent online cult
Enshittification More Than a Century Ago
Is enshittification more than a century old?
GNU in 1991 (35 Years Ago): Compiler and Lots More Ready, Linux Now Becoming 'Vibe Heap' (Slop Replaces Real Code)
Without curbs in place, many Linux developers will flee
SLAPP Censorship - Part 147 Out of 200: The SLAPP Series is 'Slow' Because Timing Matters
It is important to stress that after this series is finished there will be many more series, with some of them showing raw evidence of what we've been illuminating and telling
 
Gemini Links 12/08/2026: Losing a Child, "The OpenWeb Needs Diversity", and Gmail Woes
Links for the day
Voluntary' Layoffs and 'Proper' Layoffs at IBM This Year
When will IBM management confess that 15% of staff is already marked for potential removal?
Links 12/08/2026: Trouble in Proprietary Chaffbot Company 'Open' 'AI' and Slop "Investors Are Suddenly Quaking in Their Boots"
Links for the day
Daniel Pocock in National News in Australia the Day of the Election
"Posted 20m ago" (Thursday in Australia), it's timed nicely to help illuminate Pocock and give him last-minute exposure
Simpler Means More Reliable
The simple old way of local storage and local backups is still the best
Clownflare and statCounter See GNU/Linux at ~8% in Norway
Norway has long championed GNU/Linux compared to the rest of Europe
Clacton manifesto: Reform UK hacking, leaks, raw sewage & 8GB Swiss Archive
Reprinted with permission from Daniel Pocock
statCounter Today: ChromeOS + GNU/Linux Measured at 10.98% Globally (Desktops and Laptops)
Clownflare does not quite refute this
The Register MS Has Just Published Fake Article About Replacing Linux With Proprietary Google System, "Sponsored by ASUS."
All of those things are proprietary GAFAMware
Links 12/08/2026: "X’s Advertising Business Continues to Tank", "Stop Feeding the Billionaires"
Links for the day
In Defence of Hoarding CDs, More So When Digital Restrictions (DRM) Come to More 'Content' and Even Offline/Physical Media Won't Work When Some Remote Server Says "No" (or Goes Offline)
made to serve and entertain owners, not to allow companies like Sony and Microsoft subjugate owners
Clownflare: In Finland, Birthplace of Linux Kernel, GNU/Linux Now Bigger Than Apple's MacOS
It's not just in Finland where we see such trends
More Mass Layoffs Due to Monumental Debt Excused as "Investment" (in Slop)
They're maxing up the private debt and their country is already insolvent
METRO Interviews Daniel Pocock a Day Before Election
The article is behind a wall that blocks people who block ads
Company-Wide 'Reorg' ('Redundancies') at IBM, Mark October 1st 2026 in the Calendar
Is Oct 1 the new Apr 1?
Even ZDNet Accepts That "Market Share" of GNU/Linux May Have Doubled on Desktops and Laptops
GNU/Linux is definitely growing, and quite quickly in fact
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 11, 2026
IRC logs for Tuesday, August 11, 2026
Microsoft Layoffs and Shutdowns Continue This August, Morale Low, Employees Set Up Giant Inflatable Rat to Protest Against CEO
nothing demonstrates their anger better than what they did to the CEO
Gemini Links 12/08/2026: Sophomore Slump, Mandatory Phone Addiction, and Vintage Web Game Gallery
Links for the day
Summer Layoffs and 'Redundancies' (Cost-Cutting) at Microsoft and IBM
IBM is merely buying its revenue - an unsustainable strategy that aims to hide the company's rapid decline
Links 11/08/2026: Tensions South of China and Stingy "YouTube Doubles the Eligibility Requirements" (to Get Paid)
Links for the day
The Independent (UK) Today: "Independent candidate Daniel Pocock is concerned about media issues."
Let's see what results say around Friday
Gemini Links 11/08/2026: Stargate, Stargazer, Air-gapped Environments, and SystemVerilog Simulator
Links for the day
The Slop ('Linux') Foundation Celebrates 35 'Linux' Years a Week After GNU/Linux Turns 43
they'll keep on trying to change history
Keumars Afifi-Sabet Produces Useful, Informative Coverage Regarding Privacy
And it's good for Richard Stallman
Confirmed: Microsoft Layoffs in August 2026, Entire Operations Shut Down Too
Microsoft is just bleeding
Paying With Cash in 2026
Cash isn't going away. Not any time soon.
Blocking Tor Is Not a Solution, It's Paranoia
Tor is not a crime
Oligarchs and Their Footsoldiers Are Most Enthusiastically Loud About the Things They're Attacking
Like "Microsoft loves Linux"
FOSSY (SFC) Platforming GAFAM, Sells Endorsement
Houston, we have a problem here
Not Allowing Misogyny and Misogynists to Run the World
We stand with (and for) equality, justice, and freedom
"SPONSORED EXPLAINER" at The Register MS is Just More SPAM "Sponsored by HPE."
This is a great example of crap 'journalism'
IBM Won't Hire (or Hardly Hire) This Year
IBM is bluffing with buzzwords while shrinking out of existence and reducing salaries
SLAPP Censorship - Part 146 Out of 200: An Industry of Plagiarism, 'Normalised'
they pursue personal enrichment by stealing from Free software developers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 10, 2026
IRC logs for Monday, August 10, 2026
5.1k Capsules Known to Lupa, Gemini Protocol Crawler
If no limits (e.g. 10k max per capsule) were imposed on crawling, there would likely be millions of pages in the database
Gemini Links 11/08/2026: Waking Up Earlier, Whining About LLMs as Destructive Plagiarism
Links for the day
Links 11/08/2026: "The Enemy Is the Platform" and 'Vibe' 'Coding' Shown to be Little But Plagiarism
Links for the day
IBM's Age Discrimination Leads Workers to Contemplate Suicide While the CEO Becomes Billionaire for Lying to the Press and Faking Performance (Fraudulent Accounting)
IBM avoids issuing WARM notices
If Your Software Project Welcomes Bots, Then All You'll Have Left at the End Is Bots (Same for Sites Which Permit LLM Slop; They End up as Slopfarms and No Human Wants to Contribute Anymore)
A "slippery slop."
Clownflare Affirms Disturbing Trend of Web Monoculture (Which Extents to Clownflare Itself)
Clownflare itself is another layer of the same problem
The Open Web Is Not Coming Back
the open Web going out of control
Tell Me Something I Don't Know
Those who have a stake in the secrecy would do anything to maintain secrecy
Gemini Links 10/08/2026: Recollections and Washing Machine That Only Last a Few Years
Links for the day
Claims of Mass Layoffs at IBM (in Finance)
IBM tries hard to maintain an illusion of normality - to the point of viciously censoring critics and whistleblowers.
The Slop Bubble (Pyramid Scheme) is Becoming Bigger and Everyone Should be Terrified (Its Implosion Will Cause More Damage)
there's no plan for a turnaround
Microsoft and Apple Lose Ground to GNU/Linux in the United States
This contributes a lot to the international curve
Escaping Ads
When users do not want ads, then no ads should show up, period
For Second Year in a Row Software Freedom Conservancy (SFC) Loses Money (Over $3,000,000 Lost in 2 Years), Bradley M Kuhn Steps Down as Treasurer
lost almost $600,000 last year
Microsoft/GAFAM Operating at a Loss
Microsoft has financial problems
Nigel Farage crisis: Taylor Swift & Jeffrey Epstein both shunned cryptocurrency bosses
Reprinted with permission from Daniel Pocock
statCounter Now Sees GNU/Linux "Market Share Worldwide" at 9.21%, Soon 10%
If this data is more or less accurate, it's time for panic at Microsoft
Rumours of Impending Mass Layoffs in IBM's Yorktown Office, Impacting the LLM (Slop) Staff
Bubbles never last forever, hence their name
Links 10/08/2026: "Long COVID Linked to Lasting Damage in The Brain's Dopamine System", Microsoft’s Weather App Uses Over 1,000 Megabytes of RAM
Links for the day
Software Freedom Conservancy (SFC) Does Not Support Women, It Imitates Authentic Organisations, Embraces Misogynists, Then Projects
They try to monetise for personal gain at the expense of unpaid volunteers
When You're Evil and You're Publicly Attacking Something, That Something Will Become More Popular
when an oppressor becomes openly oppressive and does anything to squash/censor critics, the outcome will typically be detrimental to the oppressor
Links 10/08/2026: "Against Oligarch" and "The Invisible Women"
Links for the day
Social Control Media Deathwatch: After Nearly a Million Posts Sent EchoFeed Shuts Down
EchoFeed is hardly unique
When the LLM Chatbots Industry (Trillions in the Red) Quits Paying the Media for FOMO
fear of missing out, or FOMO for short
Microsoft Killing Morale
branding the process “inhumane” and “demoralizing”
Google's "AI Overview" as Proprietary Censorship Engine and Gatekeeper
People do not choose to use this, Google is just shoving that in people's faces, encouraging laziness and misinformation
SLAPP Censorship - Part 145 Out of 200: They Tried Hard to Hide the Fact Their Client Had Been Sued, Twice Even
A month ago Brett Wilson LLP tried to take my wife "to the side" (in effect isolated) to make her an offer
statCounter: GNU/Linux Up to 8.95% Globally
So the estimates are being "corrected" upwards, not downwards
Explaining How Someone Attempted to Cancel RMS This Year (and Failed)
The process itself involved debunking some falsehoods
Microsoft's "XBOX Ranks Last", IBM is Headed for Extinction
If Microsoft cannot dominate its own "home turf", what prospects are there elsewhere?
DebConf6 fight denied by Google artificial intelligence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 09, 2026
IRC logs for Sunday, August 09, 2026
Gemini Links 10/08/2026: A Mild Monday, Sleepy Saturday, OUYA, and Moving to GNU/Linux
Links for the day