Bonum Certa Men Certa

Microsoft Stacked Patent Panels, Front Groups for Patents, and Proxy Patent Trolls

Stringing



Summary: A roundup of Microsoft patent lobbying and aggression that go on mostly unnoticed

A stacked panel was described by Microsoft as "a stacked deck: it is packed with people who, on the face of things, should be neutral, but who are in fact strong supporters of our technology. The key to stacking a panel is being able to choose the moderator. Most conference organizers allow the moderator to select die panel, so if you can pick the moderator, you win. Since you can’t expect representatives of our competitors to speak on your behalf, you have to get the moderator to agree to having only “independent ISVs” on the panel. No one from Microsoft or any other formal backer of the competing technologies would be allowed -just ISVs who have to use this stuff in the “real world.” Sounds marvellously independent doesn’t it? In feet, it allows us to stack the panel with ISVs that back our cause. Thus, the “independent” panel ends up telling the audience that our technology beats the others hands down. Get the press to cover this panel, and you’ve got a major win on your hands." See the full Microsoft document [PDF] for more details.



We already know, based on prior incidents, that Microsoft loves to stack panels, e.g. for OOXML. Microsoft and its front groups are entering another forum, where just like the Gates Foundation agents they spread the pro-patents talking points. Gates has more political power outside of Microsoft and we previously showed what he and his new minions/'foundamentalists' do on the subject of patents. As one good journalist points out:

In short, Gates is a spent force. He says he will not lead Microsoft again as rumoured in some media outlets recently - but then it wouldn't matter even if he did.


Microsoft's MSN says that a "[s]oftware group spends $190k on lobbying in 3Q," but this number from a third-party source is far lower than the real amount and patent policy is part of the lobbying, with focus on the USPTO:

The Software and Information Industry Association spent $190,000 on lobbying on such issues as intellectual property in the third quarter, according to federal disclosure reports.

[...]

The group lobbied Congress, the Education Department, the Commerce Department, the State Department, the U.S. Copyright Office, the U.S. Patent and Trademark Office


As we showed before, Bill Gates and his good friend who is the world's biggest patent troll have also spent money lobbying for worse patent laws. Microsoft lobbies on the subject from many different directions, usually using proxies that it sponsors. Contrary to propaganda about "protection", this is against the interest of citizens, but they just never get access to the ears of politicians, unlike for instance Microsoft's Mundie [1, 2, 3].

Craig Mundie Is lobbying for Microsoft again, based on Microsoft's own site. He lobbies on the subject of patents in Europe and the FFII's president claims that "Microsoft is using Barroso, the President of the European Commission, to push for more patents and "innovation" salad". In relation to the stack panel we wrote about earlier, he notes that:

IPweek: ACT, Microsoft and BSA discussing on the same panel, sounds like a Microsoft panel on its own


Mike Sax [1, 2, 3, 4, 5, 6] is part of ACT (Microsoft front group) and Ronald Zink is from Microsoft. Here is another new example of:

Microsof's association of SMEs ACT calls for software patents via a central EU patent court


Microsoft's patent troll, Intellectual Ventures, is also busy doing its nasty things and "[t]heir pattern of behavior indicates they are acting as a proxy for Microsoft," notes this one poster. Quoting in context:

It should also be pointed out that Intellectual Ventures targets companies that are major competitors to Microsoft such as makers of Android phones. IV has over 35,000 patents and there is virtual certainty that every company that writes software is infringing on at least one of their patents but they are highly selective about who they extort money from. Their pattern of behavior indicates they are acting as a proxy for Microsoft. If Microsoft were to file suits they would be subject to counter claims but since IV produces nothing they are immune from counter claims of patent infringement.



Lodsys and its connection to Intellectual Ventures has just been mentioned by Timothy B. Lee, who spots a common misconception and rebuts it:

Software Patents and Barriers to Entry



On one level this just begs the question. Obviously, if software patents promote innovation, that’s a strong argument for allowing them. But if software patents actually discorage innovation, as I and people who’ve crunched the numbers have argued they do, then people who care about entrepreneurial innovation should be equally anxious to get rid of them. Rosen doesn’t really engage in the arguments that I and others have offered that software patents are bad for innovation. He seems to just take it as a given that patents promote innovation.

But since Rosen brought up Angry Birds, I’d like to zoom in on the specific case of mobile apps. Too often, the patent debate occurs in broad abstractions, so it’s important to pay attention to the actual innovators being harmed by software patents.

So let’s talk about Lodsys, a patent troll (with alleged ties to uber-troll Intellectual Ventures) that began suing independent mobile app developers for patent infringement earlier this year. Lodsys’s holds broad patents related to the purchase of digital content over a network, and claims dozens of firms have infringed its patents. Few if any of the defendants in these cases copied from the Lodsys patents, but they (allegedly) stumbled across the broad concepts in the patents and are now facing the threat of a lawsuit.


"Shuffling patents around among shell companies and suing the same company twice with the same patent" is another thing we are seeing covered as follows:

We've written about famed patent troll Erich Spangenberg and the variety of shell companies under his control a few times in the past. He's the guy who a court told to pay $4 million for shuffling patents around among shell companies and suing the same company twice with the same patent, despite a settlement the first time that precluded future suits. Spangenberg is also famous for his motto, "sue first, ask questions later," in part because he wants his lawsuits to take place in Eastern Texas.


A company that is headed by a lot of former Microsoft executives has just gone hostile with patents as well:

A lawsuit has been filed by Juniper Networks, which has accused Palo Alto Networks of allegedly infringing six of its patents relating to firewall technology.

In the lawsuit, filed 19 December in a federal court in Wilmington, Delaware, Juniper said that while the technology used in its next-generation firewalls were invented by the founders of Palo Alto Networks, the patents actually belonged to Juniper Networks.


To be fair, others do similar things by choosing aggression, but just because others are doing this does not make it acceptable. Microsoft is generally very unique in 1) its attacks on Linux and 2) its operation via proxies. Nasty yet evasive.

Recent Techrights' Posts

GAFAM "doesn't depend on any sort of lock-in, humans just don't want to be free anymore," according to MinceR
As many readers are aware, our criticism of UEFI (restricted boot in particular) attracted a lot of online harassment against us, including stalking and libel
 
EPO People Power - Part XIII - If the EPO's Chief Propagandist (Berenguer) Told the Police He Was a Spanish Tourist (or Similar) or That He Does Not Reside in Munich, Then He May Have Lied to the Police (in Addition to Doing Cocaine in Public)
Lying to the police in Germany is a criminal offense
Links 15/12/2025: Chromebooks as Work Machines, "Americans [Who] Moved to Australia" to Avoid Cheeto
Links for the day
Breaking Your Proprietary Router in the Name of "Security"
Each time they "patch" the router something that previously worked OK is likely to just break
IBM May be Breaking the Law to Silence Staff It Laid Off
Observation to add regarding IBM layoffs
Demonisation Attacks on Richard Matthew Stallman (RMS) - Including Antisemitic Attacks - Have Not Worked
Name-calling doesn't work
Slop ("AI") Will Replace People and Take Away Jobs, Say the Slopfarms With Fake (LLM-Generated) Text and Slop Images
"AI" often means slave labour in a poor country
More Than a Million Bytes Should be Enough for Most Computer Programs
Who said computing would improve over time?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 14, 2025
IRC logs for Sunday, December 14, 2025
Another "AI" (Slop) Use Cases Turns Out to be a Fraud
Those who talk about this fraud get SLAPPed
They Say Rules Are Made to be Broken, at Microsoft That Became an Imperative (e.g. Accounting Fraud, Bribery and So on)
Its biggest client is itself
In Russia, Microsoft is Already a Dying Breed Online
A lot of Europe also dumps Microsoft. Europe is a big revenue source of Microsoft.
The Future of News on the World Wide Web
No "greener pastures" on the Web
𝐈𝐁𝐌 𝐂𝐄𝐎 𝐀𝐫𝐯𝐢𝐧𝐝 𝐊𝐫𝐢𝐬𝐡𝐧𝐚: Proof That at IBM People Fall Upwards
IBM is collapsing
EPO People Power - Part XII - The Mobbing Got So Bad People Were Unable to Work
What's at stake here isn't just the EPO or the patent system
Links 14/12/2025: "Chile to ban smartphones in classroom" and "Portugal updates cybercrime law to exempt security researchers"
Links for the day
Gemini Links 14/12/2025: "GUI TUI CLI" and EmacsConf 2025 Video
Links for the day
Links 14/12/2025: Tensions in Asia, US Making Deals With Belarus
Links for the day
A Utopian and Very Dumb Vision of Technology, Based on Accounting Fraud
the "industry" has become insane and a lot of "the media" is going along with it
Links 14/12/2025: "The Slop of Things to Come", Goldman Sachs Nervous About Slop Bubble
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 13, 2025
IRC logs for Saturday, December 13, 2025
Google News is Google Noise
Google News is really hopeless, even on weekends
IBM: We Pay You to be Obedient or Deny You What You're Entitled to If You Don't Act Obediently
Good luck starting legal battles with a company that has almost as many lawyers (including aggressive patent lawyers) as it has geeks
Links 13/12/2025: Jimmy Lai and Media Freedom on Trial, "OpenAI Researcher Quits, Saying Company Hiding the Truth"
Links for the day
Gemini Links 13/12/2025: Extensive Catchup With Gopherholes
Links for the day
Deliberate Lies or Glaring Distortions
Calling Torvalds anything "Soviet" or "Russian" would overlook the fact he comes from Finland and has Swedish roots
Canonical and Ubuntu: Working for Microsoft, Promoting Proprietary Surveillance (Dis)Services
Canonical started with a rich and overambitious Debian Developer. He wanted to become richer.
Russian "Hybrid Attacks" Are Typically Microsoft TCO and/or Windows TCO (Total Cost of Ownership)
Information-related warfare relies a lot on computer systems
EPO People Power - Part XI - The Media in Europe is Ill and Complicit in Ills
We must all recognise that there's a problem here
Running With Technology
At least they always run Linux (all of them, since 2015)
Dealing With "Tech Cults"
If you think you identified a "Tech Cult", walk away
It Seems Like IBM is Firing 'Everybody' (Anywhere, Any Age, No Matter What Team)
Healthy companies would sack IBM's management (sacked by Board, bylaws etc.) but IBM is a sick company
Latest Stallman Talk (Event in Argentina) Published
Less than a day ago they released his talk
GAFAM is a Financial Problem and Sovereignty Risk, a Policy-Level (National Level) Boycott is Needed
Europe has plenty of skilled computer engineers
LLM Slop Becoming Rarer
Today we've found no LLM slop in our RSS feeds regarding "Linux"
2026 Could Very Well be Last Year of XBox, Microsoft Dropped the Ball
It would be shocking is XBox can stage any kind of comeback
Links 13/12/2025: Social Control Media Bans and "Could Finland be Hiding a Blue Zone?"
Links for the day
Expecting Mass Layoffs, More Microsoft Workers Join Unions
they see tough times ahead
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 12, 2025
IRC logs for Friday, December 12, 2025