Bonum Certa Men Certa

Microsoft's Behaviour Provides More Reasons for All Countries to Reject Software Patents

Hat in the cold



Summary: Due to software patents in the United States, Microsoft can act like a thug and extort rivals, making money out of code it never wrote at all

So, another company got sued and entered the racketeering operation set up with Microsoft's funding, according to this report. Yes, the world's biggest patent troll has gotten more revenue out of companies which actually make something and another Microsoft patent troll, Paul Allen from Interval, files for more legal action:





In a not surprising move, Interval Licensing has filed a motion [PDF, text below] with the court to reconsider the stay in the proceedings the court just granted two weeks ago. The court will need to consider this motion, and it is worth considering the arguments that Interval advances for reconsideration.


BlueCat is not the only victim of patent trolls and neither is "the world", as Groklaw puts it (in reference to Allen's lawsuit). Even large companies like Nortel might become trolls' feast, based on this report:

We have devoted a lot of digital ink at Washington Legal Foundatoin’s blog, The Legal Pulse, to the parasitic activities of so-called “patent trolls” – entities which use their patents as litigation swords rather than empowerment devices for innovation (see, e.g., here and here). With federal patent reform finally a real possibility, trolls’ abusive practices have attracted the attention of policymakers as well as leading civil justice reform advocates. We hope they will also be cognizant of today’s auction of over 6,000 patents owned by bankrupt telecom equipment company Nortel. The triumphant bidder will control a formidable patent portfolio which could fuel billions of dollars worth of offensive patent lawsuits or offer solid defenses against future patent litigation. See this post for a great FAQ on the auction.


We have also just learned that Microsoft might be after Nortel's patents, after it lobbied against Google buying them. What a hypocrite.

Microsoft itself would be a terrible place for these patents because it continues to extort companies with patents while journalists stand by idly. Microsoft probably briefed some of them because the aapologists are prominent among the search results (i.e. those publishing early) and we have Microsoft boosters like this one at the top of Google News results. This extortion was covered here before and the Microsoft boosters have a lot of fun with it. Microsoft Nick has an article that at least admits bad behaviour by quoting that:

[B&N]’s counterclaim, filed April 25 with the U.S. District Court for the Western District of Washington at Seattle, described Microsoft as repeatedly arguing that its patent portfolio would “entirely preclude the use of Android Operating System by the Nook,” and mentions that both HTC and Amazon have entered into patent-licensing deals with Redmond.

“Microsoft is misusing these patents as part of a scheme to try to eliminate or marginalize the competition to its own Windows Phone 7 mobile device operating system posed by the open source Android operating system and other open source operating systems,” it read at one point. “Microsoft’s conduct directly harms both competition for and consumers of eReaders, smartphones, tablet computers and other mobile electronic devices, and renders Microsoft’s patents unenforceable.”


We wrote about this at the time. ECT wrote out this too:

...Barnes & Noble (NYSE: BKS) and Motorola (NYSE: MOT), are fighting Microsoft in court.

"Microsoft's under threat, and part of the threat is that Android is a free operating system, while Windows Phone 7 is not free," Joshua Greenman, president of Mercury Development, told LinuxInsider.

"Microsoft's trying to do the same thing with Android that it's been trying to do with Linux -- make the argument that there's a high cost of ownership for these platforms -- and back up its claims with patent lawsuits," Greenman said.

Microsoft spokesperson Annie Truong declined to discuss the issue.


All in all, this whole affair demonstrates abuse with software patents and moreover Microsoft's exception in that regard. What we need to do is remove software patents from the United States before these spread further. Sadly, however, SCOTUS Has had disappointing rulings recently (we gave examples), ones that empower monopolies at the expense of people and arguably validate software patents. According to this from Groklaw (it also links to the Bessen study), not much is being improved and the FFII's president looks back at Bilski/SCOTUS days with disappointment. To quote:

The primary winners from all this are the patent lawyers. Not only are there few restrictions on what can be patented, but the high court’s failure to articulate a clear rule means even more litigation. All is not lost, though. Justice Stevens is retiring, but Justices Breyer, Ginsburg, and Sotomayor all signed onto his opinion. If Justice Kagan sides with her fellow liberals, then they’ll need just one more vote to restore some sanity to patent law. As the patent system continues to inflict damage on the IT industry, the need for reform will only get more obvious. Hopefully, the next time the Supreme Court has an opportunity to fix the problem, Justice Scalia will get off the fence.


Prof. Webbink (Groklaw) looks at the major legal case against Android (seeking billions in damages). To quote:



Last week we began a tracking table on the various reexaminations filed on the patents that Oracle has asserted against Google in their dispute over JAVA-like code included in the Android operating system. Another office action [PDF] has been issued by the USPTO, this one on the '520 patent, and in this instance Oracle fared a little better. Out of 22 claims subject to reexamination, only eight were rejected.


Fighting against software patents one and one like this is the type of game Webbing might prefer playing because he is into Peer to Patent and all that jazz. But it does almost nothing towards eliminating all software patents. In some ways, it makes things worse, for reasons we gave on several occasions before. Countries must reject software patents as a whole, not on a one-by-one basis .

Recent Techrights' Posts

Red Hat's Owner is Called "America's Worst Tech Company" (IBM) and Microsoft's Liabilities Grow
Microsoft has about a quarter of a trillion (yes, trillion with a "T") in liabilities
How the SLAPPs From Microsoft Staff Are Connected to the Corrupt OSI, Whose Majority of Money Comes From Microsoft for Openwashing, LLM Hype, and Whitewashing GPL Violations During Class Action Trial
Let's explain how some of these things are connected
 
What Happened to the Open Source Initiative (OSI) Elections: Missed Deadline
they helped expose a number of other scandals
Links 12/05/2025: Measles Rising and Taliban Outlaws Chess in Afghanistan
Links for the day
Gemini Links 12/05/2025: Advice, Iorist Ethics, and Touchscreens
Links for the day
The Finances of GAFAM Aren't as They Seem
MICROSOFT FINANCIAL PYRAMID revisited
Links 12/05/2025: US Brain Drain and Reminder That "Microsoft's Lobbying Efforts Eclipsed Enron" (Fraud Coverup)
Links for the day
The Enshittification of Royal Mail (Post Office/Postal Services) Continues
Enshittification is a thing, not only in the digital realm
If the Gossip is True, Today Microsoft Has "Large M1 Meetings" to Discuss Almost 30,000 More Microsoft Layoffs in 2025
the claim is that Microsoft is preparing to lay off 10% of its staff
Microsoft Has a Long and Proven History of Funding Meritless Lawsuits Against Rivals and Critics (It Always Backfires)
It also looks like the solicitor used by two Microsofters to SLAPP us is being urgently replaced
Links 12/05/2025: Gardens and Kitchens
Links for the day
Links 12/05/2025: Media Being Attacked (New Forms of Attack on the Press), Many Data Breaches
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025
Links 11/05/2025: Pyotr Wrangel and Kubernetes With FreeBSD
Links for the day
What Happened to the Open Source Initiative (OSI) Elections: A Moment of Silence and Revisionism Amid US Government Investigation and Community Uproar
Not a word this month
Microsoft Florian Becomes Patent Troll, Arranges to Sue Companies (Extorting Money Out of Them)
From campaigner against software patents to paid Microsoft shill to "FOSS patents" (actually attacking FOSS) to revisionism as "books" (for Microsoft)... and now this
Links 11/05/2025: China's Fentanylware (TikTok) Tells Kids to Vandalise Schools' Chromebooks and Increased Censorship in India
Links for the day
You Need Not Be a Big Company to Defeat Microsoft If You Can Successfully Challenge Its Core "Ideas"
Maybe that's just a sign that the ideas of RMS have become too effective and thus "dangerous"
Gemini Links 11/05/2025: Yeeting Oligarch Tech, Offline Browsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 10, 2025
IRC logs for Saturday, May 10, 2025
One is Simply Doomed to Fail When Working for Violent Men From Microsoft and Attacking Women as Well as People Who Merely Expose Crimes or Report Real Crimes
Imagine saying to people that you "practice law" or "exercise law"
The Tariffs Are Accelerating Microsoft's Decline in China
Judging by the way things are going, there will be considerable adoption of GNU/Linux in years to come, China being one major contributing factor.
Control Your Systems, Control All Your Data
what does it take for us to control our own systems and data?
Misplacing Blame for Security Problems, Sometimes With LLM Slop That Blames "Linux" for Microsoft's Failures
Broken telephones and stochastic parrots beget plenty of Fear, Uncertainty, Doubt (FUD)
Links 10/05/2025: WW2 Revisionism, Further Tit-for-tat in India-Pakistan Conflict
Links for the day
Links 10/05/2025: Germany Considers Smartphone Ban in Schools, Right to Repair Bills
Links for the day
Gemini Links 10/05/2025: Git Server and Great LLM DDoS of 2025
Links for the day
Blizzard/Microsoft Unions Grow Ahead of Mass Layoffs at Microsoft, Apparently Starting Next Week (as Many as 30,000 Workers Laid Off by Year's End)
Microsoft already fired about 5,000-6,000 workers this year by our estimates; that's not counting resignations compelled through pressure (i.e. pushed, did not jump) and contractors
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 09, 2025
IRC logs for Friday, May 09, 2025