Bonum Certa Men Certa

Patents Roundup: Microsoft. Apple, TiVo, IBM, and Lots More

Keyboard_1



Summary: A lot of patent news from the past few days

QUITE A LOT has happened since the last Patents Roundup and plenty of news relates to Microsoft as a threat to Free software.



An article from Law.com has rejuvenated [1, 2] interest in the real purpose of the world's largest patent troll, headed by Microsoft's former chief, Nahtan Myhrvold. Mike Masnick calls this troll, Intellectual Ventures (IV), a "pyramid scheme". He explains why:

Intellectual Ventures, of course, is the Nathan Myhrvold company that has been building up a huge portfolio of patents with which to get big tech companies to pay many millions of dollars to not get sued -- and, according to many, to get a cut of future deals as well, making the whole thing sound suspiciously like a pyramid scheme.

[...]

But, a year ago, we noted that the company appeared to be getting antsy. While it was bringing in some hefty fees from a small group of companies who bought into the equity pyramid (which neatly lets the world outside be confused over what's "investment" and what's "revenue"), there was concern that investors were getting impatient. Pouring billions of dollars into a company that isn't doing much can make some investors a little anxious. And while we still don't know of any direct lawsuits, Zusha Elinson has noticed that Intellectual Ventures' former patents are starting to show up in court, often involving some of the most well known names normally associated with "patent trolling."


One reader of ours calls it "Mafia blues", explaining that Intellectual Ventures "Make[s] the dirt job by others." It's an arsenal for hire. They use attack dogs to do their dirty deeds and friends/investors are 'protected' from this. Who are those friends/investors? Good question. Facebook seems like one that's a recent addition.

Bill Gates himself is an investor in Intellectual Ventures (private investment), which got Intellectual Ventures about $5 billion to get the ball rolling, i.e. harvesting patents. Microsoft itself turns out to be an investor and so is Apple (which occasionally uses patents against Linux contenders), according to this bit of information found in the corner of the article mentioned some days ago.

Both Apple and Microsoft have been reported to be IV investors.


It is interesting to find Apple investing in such "pyramid schemes" of patents. When it comes to patents, Apple and Microsoft enjoy a special peace (if not affinity). They cross-license. And as we pointed out some days ago, Google contributes its own share of problems, but at least it is a member of the OIN.

Another part of this problem is IBM, whose policy on software patents is unfriendly to Free software not because it's suing but because it allows others to do so, to an extent. An IBM person currently runs the USPTO, so this is important. IBM's view of the patent system impacts the policy on technology patents.There are finally some Slashdot comments about it (this has made the front page) and also an updated summary.

In its Amicus Brief to the US Supreme Court on the Bilski case, IBM is arguing that "patent protection has promoted the free sharing of source code [...] which has fueled the explosive growth of open source software development."

[...]

Read also page 42 of the IBM letter:

In addition, disclosure of software inventions promotes collaboration among software developers (such as open source development)

Insane.



IBM tends to be seen as an eternal friend of Free software because of its pledges and sincere contributions, but by choosing to continue to accumulate software patents, IBM opens the door for others like Microsoft to pose a real threat. Another company which tends to be associated with Linux is TiVo , but as we regularly show, TiVo is a patent aggressor as well. Watch how one company is forced to pay TiVo $200 million just for patents.

Dish Network and its sister company EchoStar must cough up an extra $200 million to TiVo for continuing to offer DVR functionality in their set-top boxes after being slapped with a court injunction.


A few days ago we also saw the BBC spreading patent propaganda where criminalisation of patent infringement gets justified as a severe action. In relation to that article (one among two) from the BBC, Pamela Jones from Groklaw writes: "Hmm. Let's see. Could we put Steve Ballmer in jail, then, for the i4i patent? Wait. Uh oh. Look at the picture of Mr. Baylis. I think he might be combing his hair in violation of patent No. 4,022,227, Method of Concealing Partial Baldness. Officers, put Mr. Baylis in the clink while we sort this out, will you? And since the CATO Institute recently announced that most companies infringe patents, I believe we could shut down the entire world economy in no time flat by following Mr. Baylis' suggestion."

Glyn Moody had this to say:

Which is the old confusion between theft and infringement. Indeed, it's probably impossible to nick a patent, since it's a government-granted monopoly, and they're pretty hard to steal.

And it's foolish on a practical level: imagine the current insanity of patent law cases turned into even higher-stake criminal cases, and the burden they would imposed on an already stretched legal system.

So, Trevor, do stick to inventing clever things, and leave stupid intellectual monopolies alone.


Regarding Microsoft's call for harmonisation of patent systems across the world, Moody wrote:

Riiight: "bold" as in "infect the rest of the world with the insanity that is the US patent system" bold, I imagine - not forgetting software as "patentable subject matter" while we're at it.

Danke, aber nein, danke, Horacio.


Pamela Jones wrote this: "Microsoft suggests an international patent system. That way, it can kill off its competition, most particularly FOSS, everywhere at once. If you are reckless, you'll go along with them."

Peter Glaskowsky at CNET calls it a "premature patent proposal," further arguing:

I really have no problem with harmonization if it is properly done, but I think it would be tremendously difficult to achieve good results. The reality of patent protection is radically different from that of copyrights because patents are allowed based on the merits of the application; someone has to make a judgment call.


In other news that we mentioned before (regarding the i4i case [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]), here are some articles about the latest development:



Here is a very interesting insight about this case.

As reported by the Wall Street Journal, i4i’s chairman, Loudon Owen called Microsoft’s brief an "extraordinary document" that "captures the hostile attitude of Microsoft toward inventors who dare to enforce patents against them." But with friends like Dell and Hewlett-Packard each filing amicus curiae briefs in support of Microsoft’s motion to stay the injunction, i4i is looking to have to fight more software and computer giants than just Microsoft. The AmeriKat predicts that with the addition of Dell and Hewlett-Packard’s briefs and in applying the third and fourth factors in the test for an injunction as set out in eBay Inc v MercExchange she would be surprised if the Court of Appeals does not lift or in someway amend the injunction given the far-reaching effect on third parties like Dell and HP.


Isn't it enlightening that Microsoft and its allies pretend that the sky will be falling if Word gets banned? As PC World rightly points out, many alternatives to Word exist and they are a lot cheaper (or free).

First, there are plenty of alternative word processors out there, most of which read Word files perfectly well. Sure, there might be a few formatting glitches, but that’s to be expected during any file conversion. Microsoft Office users, particularly those who rely heavily on the well-honed integration between Excel, Word, Outlook, and PowerPoint, would experience the most problems. But, again, the ban would affect new sales of Word, not existing copies. So users would have time to develop workarounds.

Plus, there’d be one big silver lining to a Microsoft Word ban: A true universal document format could take hold, one that replaces today’s defacto standard -- Microsoft’s doc/docx -- that’s tied too closely to the whims of one software vendor.

Word ban? Sure, why not?


GCN has a similar new article, but the list of proposed alternatives is very limited and disputable.

In other interesting news, Microsoft has quietly settled yet another patent lawsuit where the scale of damages claimed was hundreds of millions of dollars. Only one publication (that we could find) actually covered it, twice even:

i. Microsoft settles Tucson firm's patent lawsuit on imaging technology

Microsoft Corp., the world's biggest software maker, settled a patent-infringement lawsuit filed by Tucson-based Research Corporation Technologies Inc. that sought hundreds of millions of dollars over a process to improve images on computer screens.


ii. Microsoft settles with local company

Microsoft Corp. reached a settlement with a Tucson firm that accused the software giant of infringing on patented digital-imaging technology, heading off a jury trial.


Check out this rant about the USPTO. It comes from a reputable source.

The U.S. patent office gets nearly 500,000 applications every year. Figuring out who owns what, typically in court, has morphed into a business worth $10-billion (U.S.) a year in the United States, where the global patent war is mainly being waged.


The ITC is revisiting bans in an important case where patent laws are seemingly being violated. So, there is at least a new sign that recognition of the problem remains poor and another embargo may be on its way.

The U.S. International Trade Commission has voted to investigate technology-related patent complaints brought by two companies, with the vendors asking the agency to ban the import of a wide range of products using flash memory.

In one case, Samsung Electronics of South Korea filed a complaint, and in the second, Samsung is among the targets in the investigation. The two cases involve different types of flash memory.

A Samsung representative didn't immediately return a phone call seeking comment on the two cases.


If this is what "innovation" is all about, then perhaps we need less of it.

Recent Techrights' Posts

Microsoft Stock Crashed When Alleged Vista 11 Numbers Disclosed
And last summer Microsoft indicated that it had lost 400 million Windows users
It's Not About Speed, It's About the Message (or Its Depth)
Better to write news than to just link to news if there's commentary that the news may merit
Mobbing at the European Patent Office (EPO) - Part IV - EPO Can Get Away With Murders, Suicide Clusters, and Systematic and Prolonged Bullying by 'Team Campinos' ("Alicante Mafia" as Insiders Call It)
Nobody in the Council or the EU/EC/EP gives a damn as long as laws are broken to fabricate 'growth'
Jeff Bezos Isn't Just Killing the Washington Post, He's Killing Thousands of News Sites/Newsrooms (in Dozens of Languages) That Rely on It for Many Decades Already
Not just slopfarms; even the Ukraine-based reporters are culled by Bezos, who's looking to please the dictators of the world
Central Staff Committee Confronted António Campinos for Giving His Cocaine-Addicted Friend Over 100,000 Euros to Do Nothing, Just Pretend to be Ill, While Cutting the Salaries of Everybody Else
"On the agenda: Amicale framework & Financial assistance for courses"
How to Win Lawsuits in 5 Simple Steps
Keep issuing threats every week and send 60 kilograms of legal papers to the target
Living in Freedom When 'False Flag Operations' Like EFF Get Captured by Billionaires to Take Freedom Away
There are many ways to think of Software Freedom
Changes at the Solicitors Regulation Authority (SRA)
SRA is basically a waste of money
 
Google News Drowning in (or Actively Promoting) Slopfarms Again
LLM slop is a nuisance
Gemini Links 07/02/2026: "Choosing a License for Literary Work" and "Social Media Is Not Social Networking (Anymore)"
Links for the day
Gemini Links 06/02/2026: Git and Email Patches; MNT Pocket Reform
Links for the day
Geminispace Net Growth in 2026 About a Capsule a Day
A pace like this means net gain of ~300 per year, i.e. about the same as last year
Benjamin Henrion Warned About the Illegal and Unconstitutional Unified Patent Court (UPC) in FOSDEM 2026
Listen to Benjamin Henrion
Economies Crashing Not Because of Slop Improving 'Efficiency' (That's a False Excuse) and 'Expensive' (Read: Qualified) Workers Discarded in Race to the Bottom
Actual cocaine addicts are pushing out moral people
IBM's CEO Speaks of Layoffs, Resorts to Mythical (False) Excuses
This has nothing to do with slop
Links 06/02/2026: Voter Intimidation and Press Shutdowns in US, Web Traffic Warped by LLM Sludge
Links for the day
Does Linux Torvalds Regret Having Dinners With Bill 'Russian Girls' Gates?
See, the rules that govern the Linux Foundation and its big sponsors aren't the same rules that apply to all of us
IBM: Cheapening Code, Cheapening Staff, Cheapening Everything
IBM's management runs IBM like it's a local branch of McDonald's. IBM is a junk company with morbid innards.
GNU/Linux Measured at 6% in One of the World's Largest Nations
Democratic Republic Of The Congo
Linux Foundation Operative Says We and Our Software All "Owe an Enormous Debt of Gratitude" to a Software Patents Reinforcer
The only true solution is to entirely get rid of all software patents
More Than 99% of "AI" Companies Aren't AI, They're Pure BS
We need to discard those stupid debates about "AI" and reject media that gets paid to participate in such overt narrative control (manipulation like The Register MS)
AI Used to Save Lives, Now "AI" is a Grifting Scheme That Burns the Planet and Will Crash the Economy
What the media calls "AI" (it gets paid to call it that) is the same stuff that could instead be dubbed "algorithms"
Amutable is a Microsoft Siege Against Freedom in GNU/Linux, Just Like the People Who Brought You 'Secure Boot' Controlled by Microsoft
Do whatever is possible to avoid Amutable and its "products"
Growing Focus on Publication
Over the past ~10 days we always served more than a million Web hits per day
"Going to be a large number of Microsoft layoffs announced soon"
Everybody knows a giant wave of layoffs is coming Microsoft's way
End of the 'GPU Bubble' and NVIDIA Finally Admits It Won't Bail Out Microsoft OpenAI Anymore
circular financing (financial/accounting fraud)
Corrupt Media Won't Hold Accountable Rich People for Role in Pedophilia
Journalistic misconduct or malpractice is a real thing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 05, 2026
IRC logs for Thursday, February 05, 2026
EPO Management ("Alicante Mafia") Not Properly Sharing Information on Scale of Strikes by EPO Staff
disproportionate (double) deductions in salaries against people who participate in strikes, which are protected by law
Gemini Links 06/02/2026: Slop/Microslop, Home Assistant, and Valid Ex Commands
Links for the day
Blackmail evidence: Debian social engineering exposed in ClueCon 2024 talk on politics
Reprinted with permission from Daniel Pocock
Bitcoin crash: opportunity or the end game?
Reprinted with permission from Daniel Pocock
Claims That IBM Will Lay Off 20% (or 15%) of Its Workforce This Year Unless It Finds a Way to Push Them All Out by Threats, Shame, Guilt
Where are the articles about IBM layoffs?
IBM Isn't a Serious Company Anymore, It's a Ponzi Scheme Operated by a Clique and It Misuses Companies It Acquires to Prop Up or Legitimise the Scheme
IBM seems like it's nothing but a "Scheme"
Google News Drowning in Slop About "Linux" (Slopfarms Galore)
Google should know better than to link to any of these slopfarms, but today's Google is itself a pusher of slop
Links 05/02/2026: EU Commission Gutting Net Neutrality
Links for the day
Gemini Links 05/02/2026: NixOS Books and Monochrome Emojis
Links for the day
Links 05/02/2026: Canadian Government Uses US LLMs to Override Expert Opinions, NVIDIA Troubles Due to Enablement of Mass Plagiarism ('Piracy') Misleadingly Obscured as "Hey Hi"
Links for the day
Explaining the Letter From JUDGE SYKES FRIXOU, Threatening Me Around the Time GNOME's Nat Friedman Lost His CEO Job at Microsoft GitHub and His Best Friend Got Arrested for Strangulation
this letter (with annotation) is critical
Linuxiac Not Rehabilitated, It's Still Full of LLM Slop (Part of a Trend)
The Web as a resource/source of information is perishing
"Sponsored by Azul" to Write Fake 'Article' About Azul, Quoting Azul Itself
The "journalism" industry [sic] became so utterly corrupt
JuristGate is for sale: three billion Swiss francs for a domain name
Reprinted with permission from Daniel Pocock
Like Microsoft and IBM, the 'Alicante Mafia'-Governed EPO Does PIPs Nowadays (at the EPO, It's "Professional Incompetence Procedure")
So "PIPs" are definitely in the EPO and we saw letters sent to staff
Time for Change, More New Articles, Less Curation
The oligarchy wants to gut the real press and replace media with slop and social control media (or social control media with slop in it, i.e. their own voices, mechanised)
Gemini Links 05/02/2026: Coercion, Antibiotics, and LVDT Project
Links for the day
Almost 1,600 EPO Employees Went on Strike Last Week
There is another strike coming 2.5 weeks from now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 04, 2026
IRC logs for Wednesday, February 04, 2026