Bonum Certa Men Certa

Patents Roundup: H.264, 'Innovation Alliance', and Microsoft's Patent Racketeer

Nathan Myhrvold



Summary: This is a set/variety of news with no single point of focus

THERE is more patent news (of relevance to Free software) than we can cover exhaustively, but here is a quick list of important articles.

Multimedia Patents



Here is an article warning about the "legal minefield" which is H.264.

If you're a digital-video professional--the sort of person who records weddings, sells stock footage, or edits B-roll--chances are good you deal with the H.264 video encoding technology. But after reading software license agreements, you might well wonder if you have rights to do so.

A recent blog post by Harvard Ph.D. student Ben Schwartz, including the provocative phrase "Final Cut Pro Hobbyist," put the spotlight on license terms in Apple's video-editing software by questioning when professionals may use H.264 video. A similar "personal and non-commercial activity" license requirement appears in Adobe Systems' competing Premiere package, too.


The patent pool behind H.264 must have its members lick their lips just thinking of how the world gets saturated with their software patents. It gives financial leverage that they have not fully exploited yet. This is why the debate about free codecs should not be dismissed as irrelevant.

Facebook



The other day we wrote about Facebook's latest software patent, which is a problem to many. It's somewhat similar to Amazon's one-click nonsense. Why did Facebook need such a patent? "Because Without Patents, No One Would Ever Come Up With News Feeds," says TechDirt sarcastically.

The purpose of the patent system should be to create incentives to come up with something that is both new and non-obvious, which would not be created without that incentive. And, then, of course, the idea is to share that information with the world, via the patent.


"Facebook's news-feed patent could mean lawsuits," says this article which appeared in CNN.

Facebook this week was awarded a patent pertaining to streaming "feed" technology -- more specifically, "dynamically providing a news feed about a user of a social network," complementing another patent filing that has been published but not yet approved.


Patent Markings



This item which was mentioned in Slashdot and covered by TechDirt is a fine example of lawyers interfering with the industry and nitpicking in order to make jobs for themselves.

A few years back, we wrote about some lawsuits that were filed against companies who were still listing expired patents on their products, implying that those products were still protected by the patents. The practice of claiming patent coverage over something that isn't patented is known as "patent marking," and it's become very popular lately. AdamR alerted us to the news that Activision was recently sued for patent marking, in listing out patents on certain games that don't cover what's in those games. But that's just the tip of the iceberg.

Joe Mullin points us to the news that, in just the past few months, it looks like a bunch of lawyers have started going around filing patent marking lawsuits. In at least some of these cases, totally different groups of lawyers have sued the exact same companies over the same patents.


If anyone needed more proof that the patent system hampers society, this is it.

Patent Lobby



"Patent Deal Is Close," argues the Senate Judiciary Chairman.

Senate Judiciary Chairman Patrick Leahy, D-Vt., announced Thursday that he has reached a tentative agreement on patent overhaul legislation with the panel's ranking member Jeff Sessions, R-Ala. "We have reached a tentative agreement in principle that preserves the core of the compromise struck in committee last year," Leahy said in a statement. Leahy said he hoped to release details of the agreement "in the coming days" after consulting with other senators and House lawmakers.

[...]

The Innovation Alliance, which has been critical of the bill, said the changes "appear to be a positive step in the right direction."


With Innovation Alliance lobbyists involved, it's unlikely to be too useful. Microsoft's patent troll, for example, spends millions per year on bogus 'studies' and lobbying, so the system can be made worse. The word "reform" disguises this possibility because of its connotation. There is some more information in TechDirt.

“Patents and software need to get a divorce before they destroy innovation, particularly the FOSS development process.”
      --Pamela Jones, Groklaw
Virginia Espinel, the "IP" Czar which was mentioned here for her future role serving the Copyright Cartel (after Biden and the lawyers decided to privately make a police state around "IP"), writes in the White House Blog about "Intellectual Property and Risks to the Public"

She wants feedback [1, 2] and Groklaw's Pamela Jones gives her some by writing: "Can someone show me which IP law protects ideas, as opposed to their implementation or recording in a fixed medium? Even Gene Quinn says there is no such protection. So that would be my best suggestion. PS: Patents and software need to get a divorce before they destroy innovation, particularly the FOSS development process."

Hardware



Here is another new embargo attempt which shows what the patent system is really achieving:

German Chipmaker Infineon Technologies and its subsidiary Infineon Technologies North America have filed a complaint with the US International Trade Commission (ITC) against Elpida Memory seeking to prevent Elpida from importing and selling certain DRAM semiconductors and products in the US.


Embargo is not innovation.

According to some other reports, Sony patents a "universal games controller" [1, 2, 3, 4, 5]. It has something to do with an LCD touch screen.

According to a patent recently filed with the U.S. Patent and Trademark Office (USPTO) Sony is working on a universal game controller that could be used with competitor consoles from Microsoft and Nintendo.


A new Microsoft booster, Peter Bright, writes for Ars Technica about another new Microsoft patent, among others that receive coverage in other Web sites, e.g. [1, 2, 3].

Microsoft's Beijing office filed a patent yesterday for an unusual little device with two distinct functions: one side is an inductive charging pad, for, say, a mouse. The other features a tiny built-in display for displaying headlines or sports scores.


It's made in China, which is sometimes playing along with the company that commits many crimes. This greed for patents comes at a price though.

Microsoft and Its Patent Trolls



Microsoft claims that it faces over 50 lawsuits that involve patents. One of them seems likely to have Microsoft defeated shortly (next week).

Larry Oakley, editor/publisher of the WallStreetCorner.com investment site (www.WallStreetCorner.com) today reported as an Alert in his “Comment” editorial column that news surrounding VirnetX Holding Corporation’s (AMEX:VHC; www.virnetx.com) patent infringement jury trial against Microsoft Corp. (NASDAQ:MSFT) scheduled for March 8th in Tyler, Texas has caused VHC’s stock price to surge over 40% from Oakley’s “Stock Pick” original news report published on January 16, 2010. Oakley’s latest Alert on VHC was published today, February 22, 2010 on WallStreetCorner.com’s website.


Tyler, Texas. Many patent trolls reside and/or litigate there. But the world's biggest patent troll is actually a neighbour and friend of Bill Gates, who enjoys the presence of over 1,000 attack dogs that are small legal firms. The Business Times glorifies this troll and so does a Microsoft booster at the Seattle Times (which contains more Microsoft propaganda at the bottom of this article for example). It's time to shut down this racketeering operation, not to hail it.

Comments

Recent Techrights' Posts

XBox Consoles Nearly Dead by Now, the 'XBox' (ex-Box) Brand Now Stands for Something Full of Slop, Spam, Filler, and Chaff
We're seeing the last day (maybe year) of "XBox"
Fake IBM Retirements (IBM Gives Older Workers Ultimatums, Deadlines, and Carrots on Sticks)
As they point out, IBM is desperate to lower costs
 
We Will Never Allow the "Alicante Mafia" to Hide "Cocainegate"
transparency typically scares malicious actors
Fewer Involuntary Interruptions This Year
This year we're doing much better
Prisons Are for Dangerous People Who Pose a Threat to the Public, Not People Who Inform the Public
At the end of the week EPO workers go on strike
Microsoft Loses Grip on Indian Ocean
Many countries, including in older allies of the US (such as Canada and the US), look for ways to get out of Microsoft dependence urgently
The Great "AI" CON Explained by Dr. Andy Farnell
LLMs are basically advertisers of sorts
Links 26/01/2026: "Journalists Detained", in Germany "Unjustly Jailed Man Gets €1.3 Million Compensation"
Links for the day
Red Hat Quietly Going Extinct After Bluewashing in 2026
At this point it would be rather foolish to assume that IBM will let Red Hat just "do its own thing" or maintain its corporate culture, identity, projects etc.
The "Alicante Mafia" - Part XII - Kris De Neef and Roberta Romano-Götsch, Who Stepped in for the Cokehead, Have No Comment on His Cocaine Usage (and the EPO's Cover-up)
Sh-t floats to the top.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 25, 2026
IRC logs for Sunday, January 25, 2026
Gemini Links 26/01/2026: Cold Perception, Software Patches in NixOS, and Sunk Cost Fallacy
Links for the day
Linuxiac is Basically a Fake News Site, But It's Being Fed by Google News
Because Google News is run by Google, a slop pusher
Links 25/01/2026: Slop "Tribalism", Nike Apparently Cracked
Links for the day
Claims That PIPs Are Abused for Silent Mass Layoffs at IBM (Without Severance) or Forced Retirements
Performance Improvement Plans (PIPs) "clearly bogus as everyone on my team who has been on one has been fired"
WebM Version of Richard Stallman's Latest Talk (Georgia Tech Talk)
The file size is smaller
After Half a Decade Vista 11 is Still a Giant Failure
Don't expect Microsoft to gain a foothold
Details on IBM Layoffs in the EU Last Week, Same Allegedly Coming to the US Shortly
"Around 50 people affected in Belgium."
Technology Trends Driven by DRM Giants, Planned Obsolescence, Not the Needs of the Buyers
The "pushers" think of customers as "users"; and they encourage passivity, Stockholm Syndrome
Links 25/01/2026: Microsoft BitLocker Backdoored for Decades Already, Microsoft-Backed ICE Still Murders Civilians
Links for the day
Gemini Links 25/01/2026: "Expert in a Dying Field" and Global Commands
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 24, 2026
IRC logs for Saturday, January 24, 2026
After the Slop Bubble
At the end, looking back, we'll all generally understand that the net effort of slop was environmental destruction
IBM CEO Says IBM is Just Reliant on Buzzwords That Are Overhyped
IBM has nothing to show anymore and telling fairytales to shareholders is a temporary 'fix'
The "Alicante Mafia" - Part XI - No Comment From Steve Rowan, Niloofar Simon, and Christoph Ernst About Cocaine Inside EPO
What kind of patent office is this?
Projection of Fanatic From Microsoft
Microsoft Lunduke is pandering to the 4Chan 'crowd'
Digg.com (Digg) is a Censorship Platform, Just Another Social Control Media/Network, Controlled by the Few
We are not going to bother with any social control media
Spam, Slop, and Fake 'Articles' Regarding "Linux"
Serial Sloppers like these are harming real reporting about Linux and GNU
Rape investigation dropped: Will Fowles & ALP transgender deception
Reprinted with permission from Daniel Pocock
Diversity, Grooming & Debian transgender Zero
Reprinted with permission from Daniel Pocock
Pauline / Maria / Alice Climent(-Pommeret) & Debian transgender offensive cybersecurity deception
Reprinted with permission from Daniel Pocock
Did judge with transgender sister & Debian conflict of interest help cover-up a death?
Reprinted with permission from Daniel Pocock
Giving a Voice to the Community (Even When It's Inconvenient or 'Scary')
Once upon a time we were threatened with deplatforming for merely reposting articles by Daniel Pocock; we no longer have this problem
Links 24/01/2026: CBS News Demolished From the Inside and Many Publishers Admit Layoffs
Links for the day
Gemini Links 24/01/2026: Dreams and Raspberry Pi Zero 2W
Links for the day
Richard Stallman's First Talk in US College Since 2018: Videos and Photos
There are some backstories
Judge Richard Oulevey (Grandcour Choeur, Tribunal Vaud) & Debian shaming abuse victims and witnesses
Reprinted with permission from Daniel Pocock
Judgment: French army vanquishes German FSFE on Hitler's birthday, Microsoft contract dispute (1716711)
Reprinted with permission from Daniel Pocock
EDPB/CNIL privacy expert Amandine Jambert (cryptie, FSFE) implicitly admitted lying about harassment when she resigned admitting conflict of interest
Reprinted with permission from Daniel Pocock
Links 24/01/2026: TikTok Controlled by Alt Reich in US Now, White House Shares Fake, Manipulated, Misleading Images Already
Links for the day
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
Dirty Laundry at Debian and Elsewhere
We cannot just brush aside real issues involving real people and their families
Illegal, Unconstitutional Kangaroo Court for Patents Drops the Masks, Shows Its Real Purpose is to Serve Multinational Monopolists and Crush European SMEs
Europe (or the EU) is rapidly becoming a corporate project, not a unified governance initiative
The "Alicante Mafia" - Part X - EPO Strikes to Begin Next Week
Things gradually escalate this month
Gemini Links 24/01/2026: Snow, Boxing, and Lisp is Fun
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 23, 2026
IRC logs for Friday, January 23, 2026