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

GNU/Linux Becoming More Universal
It seems likely the end of Vista 10 coinciding with a sharp rise in memory prices (and now energy prices) will benefit GNU/Linux and therefore give us more to write about
Can Economies Like the American One Hang On?
The coming weeks will be "interesting" unless wars end
SLAPP Censorship - Part 30 Out of 200: The Time We Reported Abuse to Greater Manchester Police (GMP) and It Was Escalated to Its Cybercrime Unit
he started trolling and harassing me for criticising his employers' monopolistic and users-hostile agenda
 
SLAPP Censorship - Part 31 Out of 200: Speaking About 20+ Years of Alleged Harassment/Defamation and High-Profile 'Targets' of Garrett
attempts were made to settle (in effect end the case) by the person who started the case almost half a dozen times along the way
In Asia, Windows is in Its Teens (Below 20%)
On a global scale, Windows is down to about 26%
Low Morale at IBM and Perception of Destructive Management
IBM is going nowhere, fast
Gemini Links 02/04/2026: Super Mario Galaxy Movie and New Antenna Instance
Links for the day
It Seems Like Google News Cracked Down on (Omitted, Delisted) a Lot of Slopfarms
There's no justification/point in spending so much energy just to plagiarise things poorly
Steam Survey for Last Month Says 5.33% Use GNU/Linux
big leap for GNU/Linux
Links 02/04/2026: Science News, Energy Scarcity, Oil Sold in Yuan
Links for the day
Links 02/04/2026: Apple Turns 50, Efforts To Ban VPNs
Links for the day
Gemini Links 02/04/2026: Kubernetes With FreeBSD, OFFLFIRSOCH, and Great Circle Distance
Links for the day
Dr. Andy Farnell on Microsoft Silencing or Deplatforming Opposition in the UK and Elsewhere
Microsoft as a king or a kind of "religion" one cannot question
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 01, 2026
IRC logs for Wednesday, April 01, 2026
'Modern' Cars Not a Rosy Industry
The current "modern" cars already have a shelf life similar to that of many toothpastes
Wrongthink Detector and Filter in "Think About the Children" Clothing
It is not about "age verification", it's a Trojan horse for social control
IBM Facilities Now Deemed Legitimate (Military) Target, Along With GAFAM Bases
Does IBM have any defences in place to protect against "downtime by explosions"?
What Happens When Some Large News Sites Turn to Slop and Spew Out Nonsense
LLM slop makes such grotesque mistakes abundant
Hardly Seeing Slopfarms Today, Even in Google News
Google's adventures with slop increased its debt significantly
Links 01/04/2026: Quantum Hype (Turing and Google), "US Fuel Prices Surge Past $4 a Gallon"
Links for the day
Gemini Links 01/04/2026: "Sacred Week of Cycling" and Zenity for Scripts
Links for the day
Losing Debian: Sruthi Chandran election flop
Reprinted with permission from Daniel Pocock
French judgment: parasitisme by FSFE & Matthias Kirschner (CO23.002709)
Reprinted with permission from Daniel Pocock
Microsoft Uses April Fools to 'Joke' About Inserting "Age Verification" (Surveillance) Into Linux
MinceR says the "lkml [message/page] one is April Fools or at least they're trying to pass it off as April Fools [however] the [GitHub] one was archived on the 8th and yesterday, so that probably isn't..."
IBM "Headcount Reductions" by Early Retirement and Death
The tragedy at IBM started 33 years ago on the first of April
Red Hat: Latin-1 character set under threat from Bishop Michael Martin, North Carolina
Reprinted with permission from Daniel Pocock
Links 01/04/2026: Microsoft GitHub Now Pushing Ads Into People's Code/Commits, Earth Overshoot Day Draws Nearer
Links for the day
What IBM and EPO Workers Have in Common: European Media Not Covering Very Major News (Press Became Dysfunctional)
Are IBM operatives working to scuttle the process of investigative journalism?
Free Speech in the United Kingdom When "Chilling Effect" is Increasingly Prevalent
If politicians cannot even use a term like "parasitic behaviour", then where do we as a society end up?
Oracle Lays Off Because of Debt and Commercial Issues, Not Slop
Like Scam Altman, Larry Ellison hangs around Cheeto King because he could use some bailouts in the form of government contracts or phony money with an incredible name like "Stargate"
The Real Reason Many Sites and Forums Shun Microsoft Lunduke
When forums say that they banned Microsoft Lunduke or don't want him mentioned it's probably because they are familiar with the "stench" that follows him around
Gemini Links 01/04/2026: Hallucinations, Stitching, and Type Systems
Links for the day
Lots of Layoffs at IBM, "Media Blackout" About Mass Layoffs at IBM's HashiCorp and Confluent Last Month
IBM is a dying company circling down the drain while manipulating or paying the media to pretend everything is fine
Microsoft Under Investigation by the UK's Competition and Markets Authority (CMA) for Abusive Tactics
What's noteworthy is that this is "set to begin in May"
Sounds Like Red Hat (IBM) Layoffs in Slop Clothing
This is an IBM policy. They try to justify staff cuts.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 31, 2026
IRC logs for Tuesday, March 31, 2026
In Time for April Fools (and Easter), 30,000 Oracle 'Pink Slips' While People Are Asleep
Oracle probably has no choice but to fire a ton of people
SLAPP Censorship - Part 29 Out of 200: Violent Language Won't Go Away When You Use It in Your Site, Blog, and Social Control Media
abuse began in 2012 because I had politely and accurately criticised Red Hat
Gemini Links 31/03/2026: Five Years on Gemini (Rob's Gemini Capsule), OFFLIFIRSOCH 2026, and More
Links for the day
Slopfarms Persist, But Google Seems to Have Delisted Many
We are still checking
Links 31/03/2026: More Energy Shortages Noted, Taylor Swift Faces Trademark Infringement Suit
Links for the day
Chaff, Slop and Spam Help Distract From Parallel Crises at IBM
IBM seems very eager to undermine discussion about what goes on inside
Lacking Business Model, Bluesky Has Become Slop and Gravitates Towards Plagiarism, Bots
LLM slop/plagiarism under the guise of "Artificial Intelligence" (AI)
IBM-Spawned Lexmark Sold, Then Came Mass Layoffs, Now the CEO Who Did This is Leaving
IBM is really not a magnet for talent at this point
Not April Fools But April First: Red Hat Staff Becoming "IBM"
claims of mass layoffs set to kick off at IBM some time soon
Gemini Links 31/03/2026: Antenna Packed Up, AuraGem and AuraSearch Maintenance
Links for the day
Links 31/03/2026: More Social Control Media Bans, BBC Now Run by GAFAM (US) Executive
Links for the day
'Broligarchs' Don't Want Science, They Want Entertainers to Entertain Them (and Make Them Richer)
Of course this will result in things getting worse in the sciences and everyone who relies on the sciences
When Republics Turn From Democratic Governments Into Imperialistic Dictatorships
What goes on in the US would require talking about politics
Companies That Have Nothing Except Buzzwords and Promises Will Perish
Dishonest media will perish along with the companies it is covering up for
The Solicitors Regulation Authority (SRA) to be Grilled in Two Weeks' Time by the British Government for "Recent Regulatory Failures"
we escalated to our politicians
GNU/Linux Will Thrive as Long as It's Modular, Not Monolithic
To IBM, it's all about money. Nothing else matters.
EPO "Cocaine Communication Manager" - Part X - People Are Leaving
"I was happy to be at the EPO in the beginning, but since I realized it's all a big mafia"
IBM's 33 Years as a "Financial Engineering" (Accounting Tricks) Company
In relation to Red Hat, this "financial engineering" involves culling many workers and trying to replace them with slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 30, 2026
IRC logs for Monday, March 30, 2026
Links 31/03/2026: Rising Costs, Cyberattacks, Novo Patent Expiry
Links for the day
Gemini Links 31/03/2026: American Spring, Distributed Systems Simulator, and Calculus for Electronics
Links for the day