Bonum Certa Men Certa

Rage Against the Masochist

Nathan Myhrvold



Summary: Public opinion is quickly shifting against patents after a National Public Radio (NPR) piece and also some highly excessive activities from a shell troll of Nathan Myhrvold (shown above)

WE have just written a summary following the NPR coverage that led to some very strongly-worded comments about Microsoft's patent troll who is the world's biggest patent troll. A lot of people were not quite aware of the seriousness of this issue.



Professor Webbink has this theory about what Lodsys is doing with Myhrvold's acquired patent (that he passes around for other non-practising entities to sue and absorb the bad press):

To really understand why Lodsys is doing what it's doing, we thought it would be worthwhile to ask a patent lawyer to explain it, so we contacted Patrick Igoe, the lawyer who writes the Apple Patent blog and who has pointed out some real weaknesses in the Lodsys patents.

Why, we wondered, was Lodsys first going after the little people, so to speak, first and now hitting up Rovio and Electronic Arts? Is it like SCO, lots of headline seeking, hoping people will be so scared they'll just pay them to stop? Is it all just so much "legal" theater, in other words, with analysts popping up and advising the little people to settle with Lodsys? I gather that didn't work. If Lodsys was following a traditional playbook and hoped to use any licensees as a foundation to next go after the big fish, are they now acknowledging that failure and heading for the deeper pockets, in hopes that will work better?

And why only claim 27 of the '545 patent, which is what Lodsys is alleging is infringed? What is claim 27, anyhow? How could a game violate it?


The head of the FFII meanwhile discovers that 'Amazon [is] sued for patent infringement over transactions using "a receipt having payment remittance information."' He also links to this item of news about Lodsys attacking Angry Birds -- a subject that even the BBC covers right now:

But here is what I would want to have asked him. Is a system that appears to reward those who acquire patents and hire lawyers and punish those who simply try to make things really going to encourage innovation?

My contact is certainly not doing much innovating right now - he's too busy worrying about the threat of an expensive lawsuit.


That comes from Rory, who in the past did a lot of Microsoft promotion. Maybe he softened with age. Either way, the news might not be so bad for Brits. After all, it is US-based users who are likely to be prevented access to software and Britain might also see developers leaving the US and come to a haven from patent trolls, a haven such as the UK (provided they don't sell in the US).

As a direct result of NPR coverage, "Intellectual Ventures: Another American Mafia story" was published by Stefano Maffulli. "Intellectual Ventures is the company behind Lodsys," he explains, "the company suing independent iPhone app developers for a silly patent violation. Lodsys has no employees, it's not making any product, it's not producing any innovation. It sues people that create jobs and deliver products.

"Did you think that patents were introduced to foster innovation? To give an incentive for inventors to bring new products to the society and solve problems? Think again. Companies like Intellectual Ventures are just a problem for startups and innovators. Venture investor Chris Sacca even said to NPR reporters that these trolls remind him of "a mafia-style shakedown, where someone comes in the front door of your building and says, 'It would be a shame if this place burnt down. I know the neighborhood really well and I can make sure that doesn't happen.'". The FSFE raised this issue in Europe many years ago. The US patent system needs to be reformed, now."

Well, in several recent stories about patent FUD we highlighted the fact that almost nobody in today's society should want patents. It's the luxury of very few and it is beneficial to even fewer, maybe less than 1% of the population. In a new post titled "Android & Linux FUD", someone asks about Oracle's attack:

Do you think that patent issues and all this money changing hands has nothing to do with Linux? Just follow the money. While most of the legal attention focuses on Dalvik, the Android implementation of the Java virtual machine, the public perception of Linux is also tarnished to anyone who understands that Android is a Linux distribution. I can only imagine what cyanogenmod.com people think about what is going on.


Well, Oracle's attack is already weakening and the Oracle case might yield nothing at all or only a fraction of what Oracle expected. To quote this new summary:

What If Oracle Loses The Android-Java Court Battle?



[...]

Contrary to the blog-based reports, Oracle has been at the losing end from the very beginning. The major setback was when the court ordered it to cut the number of claims from 132 to 50. Another major setback for Oracle was when USPTO rejected a majority of Oracle's patent claims.

Oracle again faced a defeat when the judge earlier questioned the damage estimates of Ian Cockburn and asked both parties to name more experts to assess damages. An now the court has rejected Oracle's 6.1 billion damage estimation. The court has asked Oracle to come up with a figure starting from $100 million.


Maybe the case will end in dismissal or some settlement at a low (and likely undisclosed) price. Who knows, maybe it will even go on for years like the SCO case, depending on Oracle's stubbornness (or SCOracle's vindictiveness). Either way, I'm away until August, so no more paten rants for a while.

Comments

Recent Techrights' Posts

Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
IBM's Payroll: Cannot Even Pay the People What They're Legally Entitled to
How financially-stressed is IBM at this point?
IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
 
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day
Slop About "linux" in Google News
Once people recognise that those sites are fake it's hard to 'unsee' what they are
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part V - Attempts to Take Down and Suppress Criticism of Back Doors Controlled by Microsoft and the American Government
The cost of maintaining illusions
Slides From the European Patent Office (EPO) Explain Why They're Striking, How They're Striking, and What Comes Next
A week from now the strike will go ahead
GAFAM Datacentres Are Facilities of War, So Risk of Downtime by Missiles or State-Sponsored Cracking Has Vastly Increased
How safe is your business in "clown computing" or DCs marked as some "legitimate targets" at wartime?
Companies That Take Away Blood and Sweat From the Community to Sell a Ponzi Scheme to Everybody
We need Free software that is run by communities
1,234 People Gather Online to Plan Next EPO Strikes and Other Industrial Actions
yesterday an online gathering orchestrated the next moves by EPO staff
Links 11/03/2026: Fake Videos Swarm YouTube, "Ukraine Can Now Manufacture ‘China-Free’ Drones"
Links for the day
Gemini Links 11/03/2026: Lagrange for iOS and Android and "Turning a Folder of Git Repos Into Project Launcher"
Links for the day
Kafkaesque: Unlawful Activities in the UK to Cover Up Unlawful Activities in the United States of America
Why is bribery and even extortion seen is OK? Because rich people do those things?
Former IBM Executive, Ron Hovsepian, Doomed S.u.S.E. (SUSE)
SUSE is like a child nobody wants to raise
Quiet Layoffs or Silent Layoffs Alleged at Microsoft
Will some investigative journalists do their job now and ask Microsoft tough questions?
After a Long Lull LinuxTeck (linuxteck.com) Came Back Only as a Slopfarm
Unlike Linuxiac, LinuxTeck wasn't very active in recent years
Links 11/03/2026: EPO and USPTO Software Patents Thrown Out Again, Copyright Concerns Over Slop (Plagiarism Using Buzzwords)
Links for the day
Microsofters' SLAPP Censorship - Part 9 Out of 200: 5RB Barrister Does Not Even Know the Name of His Own Client (That He Was Paid Well Over $200,000 to 'Speak' or 'Cover' for)
If you assault women in the United States, there's a barrister available for you in the UK
IBM's Fedora is Now Led by GAFAM Slop
The official word of Fedora is partly slop
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026
Geminispace Continues to Grow
Geminispace Will Soon Have 5,000 Capsules
Very Little Slop About "Linux"
We hope to see slop eradicated by year's end
BBC Lied for Its Longtime Sponsor (Bribes for 15+ Years) Bill Epsteingate, in Effect Covering Up Sex Trafficking of Underage Girls
The state of the media is truly awful
Microsoft GitHub is Not Free Hosting and It Won't Last
Not for much longer [...] Microsoft is afraid to say that it is pulling the plug, but it seems inevitable
Mass Layoffs at Microsoft, March 2026
When will the media properly investigate this?
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part IV - Escalating to Ministers, Explaining the Severity of These Matters
British Sovereignty at Stake
"The Lost Generation" Came Back, This Time Literally
Based on my limited experience with young people ("alphas"), they're lost
IBM is Not Likely to Survive Another Decade
Despite having already survived over a century [...] Last week we saw claims that some company would likely acquire IBM for its remaining assets
IBM Has Just Been Sued Again by Its Own Staff (This Time a Manager, Stephen P. Gutierrez)
IBM's behaviour towards its staff can prove costly
When a Company Says Its Layoffs are "Due to AI" Check the Debt (Typically the Real Reason for Mass Layoffs)
The mass layoffs at Microsoft continue, but Microsoft hides those in some of the same ways IBM does
Doing More With Less
primacy of concepts rather than bells and whistles
Andy and Helen in Cybershow on Divesting From the United States' Technology and Politics
It is no longer considered a taboo to say this and it's not "anti-American" because many Americans can relate to and agree with such criticism
Links 10/03/2026: "GEMA v. Suno Copyright Case" and "Valve Faces PRS Lawsuit Over Allegedly Unlicensed Steam Music"
Links for the day
Gemini Links 10/03/2026: Woods in UK, Slop Laziness, and "Small Technology and Small Economic"
Links for the day
Garrett Announces LibreLocal Instance in Northampton, Massachusetts (USA)
his message was the only one last month
Microsofters' SLAPP Censorship - Part 8 Out of 200: Gross Misuse of UKGDPR to Protect the Agenda of American Back Doors (Mass Surveillance)
Responding to bunk claims regarding UKGDPR and claims of 'analytics' in our sites
Links 10/03/2026: Oil Prices Rising, South Korean/US Military Assets Redirected
Links for the day
Links 10/03/2026: Rust Rewrites by Slop "20,171 Times Slower", "You MUST Review LLM-generated Code"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 09, 2026
IRC logs for Monday, March 09, 2026