Bonum Certa Men Certa

Guest Post on Patent Collusion

Patent bubbles

Balloons



Summary: Reader with advanced qualifications in the said field remarks on a cartel-like structure of cross-licensing deals among mega corporations

An interesting set of facts is coming out of the Microsoft versus Motorola trial. Details here. Particularly interesting is the analysis further down on the page:



I have always considered these cross licensing deals to be something of a circular investment program.

All of these companies have vast patent portfolios, some are worth more than others, but this is a situation where A pays B who pays C who pays D who pays A and variations.

In investment funds that kind of dealing/trading is specifically banned because it is (and has been) used to artificially inflate the value of the fund portfolio. It looks great till someone tries to liquidate their investment, get the money, at which point the downward spiral starts and accelerates very rapidly and another bubble bursts/market crashes.

So that's one thing, at the other end, we all know just how rubbish most of these patents are and what value we would place on them, zero in most cases; but how much money do these companies book to these cross licensing deals for these worthless patents and then just how much corporate tax is lost due to these companies moving money away from the profit line with this trick.

So you lose because your government doesn't get it's due, and you lose again because these guys are basically running a cartel that artificially inflates their costs so you are charged more for your goods.

Starbucks recently got caught in the UK avoiding billions in tax, by 'licensing' it's own logo from itself for pretty much all of it's profit.

Indeed avoidance is not wrong, as they said, they followed the rules, but it is just as stinky as politicians writing their own expenses claim rules and then claiming that they were only following the rules as they repeatedly dipped their hands into the till.

Is it possible that Googles "do no evil" policy prevents them from joining in the game and may result in the cat getting out of the bag?


I didn't write that analysis, but looking at it, I am sure the author is fundamentally correct. It would explain many anomalies in the IT sector.

For example, something was obviously wrong when the Dick Smith electronics chain,including inventory and real estate was sold for only A$ 20 million, i.e. valued the same as a large house in Sydney.

That tells me that Apple, Microsoft, Sony, Panasonic, and to a lesser extent Intel and AMD products were simply not selling. So for them to keep booking ever increasing amounts of 'income' and 'earnings' they had to be doing something shonky - I'm pretty sure this is it.

Another thing that leads me to that conclusion is that during the 'tech boom' the Australian tax office changed the accounting rules with respect to IP to 'bring them into line with international standards'. Before they changed the rules, IP expenses (outgoings, i.e. real cash expenses) were considered costs (liabilities) on a company's balance sheet and tax forms. After the changes, those expenses were to be shown as 'assets', which is clearly the opposite of business realities!

"That tells me that Apple, Microsoft, Sony, Panasonic, and to a lesser extent Intel and AMD products were simply not selling."One effect of this was that small to medium enterprises immediately cut back or eliminated licensing and patent applications - or even patent renewals (which are expensive). I suspected at the time this was to give further advantage to large foreign multinationals. Now I realize it gives a certain set of them an (ultimately infinite) advantage for accounting purposes (selling of stock and borrowing).

Think about it, the 'money' (book keeping entries) they have coming in from IP licensing is shown as earnings, but the 'money' they have going out in IP royalties is shown as an increase in assets! The book value of every company involved in this round-robin scheme increases toward infinity even in the complete absence of any actual sales! Nice work, if you can get it!

I think this scheme needs to get as much news coverage as possible, don't you?

Recent Techrights' Posts

Improving Clarity When Presenting LLM Slop and Slop Images
There will likely be more changes (improvements) to improve the visibility of our labels
Articles About "Linux" That Are Actually Promotions of Microsoft Windows
The solution is to leave Windows, not get something "like Linux" or "similar to Linux"
Local Occupational Health, Safety and Ergonomics Committee (LOHSEC) in The Hague: Staff Representation Surprised at "Recent Changes in the Staffing of OHS Occupational Health Services (OHS)"
Once upon a time the Office offered to-notch services to all staff
IBM Exits Continue This Week
Some people talk about it anonymously, naming their role/position/unit, number of years (or band) etc.
Adrian & Diana von Bidder-Senn, Debian: detailed history of a death
Reprinted with permission from Daniel Pocock
 
Trying to Cancel People and Projects That You Don't Like by Changing the Focus to Politics
Don't fall for it
What Kind of Bubble is AI? We'll Find Out Very Soon
In 2022 and 2023 Cory Doctorow was one among many who asserted "AI" was a bubble
Mandrake's Gaël Duval Debunks Clickbait Nonsense From ZDNet, a Non-Coder Pushing Bot-Made 'Code' (Plagiarism Done Poorly)
"Why AI won't "Kill Open Source”
Groklaw Won't be the Latest (Nor the Last) Major Site We Lose
Many other sites will go offline; the more popular among those will get hijacked by rogue actors
Slopwatch Turns 1 Next Month
2024-12-14 is when Slopwatch began
The Issue With Firefox is Not Its Brand
Mozilla seems to be the biggest enemy of Firefox at this point
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 11, 2025
IRC logs for Tuesday, November 11, 2025
Gemini Links 11/11/2025: Kentucky, Bluesky, and Slop
Links for the day
The European Patent Office (EPO) is Still Hiding From Scandals
"No answers from VP1 to our letters to two Directors"
Like the Serial Strangler From Microsoft, Donald Trump is Out of Time and Has Jurisdiction Issues in the UK
The court system or the courts of a nations are meant to serve the nation and its media, not media lawyers or litigation profiteers
Slopwatch: Many Fake Articles About "Linux" on Monday and Today
A lot of the Web is pure garbage. A lot of 'articles' are 100% fake.
Richard Stallman to be First Speaker at Ethereum Cypherpunk Congress 5 Days From Now, FSF Looking to Raise $400,000 by Year's End
the 40+ years-old FSF, which Dr. Stallman created to help promote Software Freedom and support GNU, is starting a new fund-raising campaign
Links 11/11/2025: Misinformation/Disinformation in Twitter/X and BBC in Trouble
Links for the day
Links 11/11/2025: Slop Ruins Music, Facebook "to Discontinue Like and Comment Buttons on Third-Party Websites"
Links for the day
The Voice of Microsoft
Marketing disguised as a science
"MIT Technology Review Insights" is the Selling of Ponzi Schemes for Sponsors (MIT Lacks Integrity)
Just like IBM, they're chaining buzzwords now
Rust Keeps Breaking Ubuntu in All Sorts of Extraordinary Ways (and All Distros Based on Ubuntu Will Break Also)
The FSF's stance on this is unclear
Boot-locking Laptops and Desktops After Falsely Marketing That As 'Security' and Not Obligatory
If anyone can confirm this to us
With Net Income of One Billion Dollars Tesla Claims It Can Pay a Fake Founder (Who Paid for This Lie) 1,000 Billions
What does this tell us about Wall Street?
GNU/Linux Cannot Buy Fake Journalism and It Won't Bribe Large Publishers
Free software developers don't purchase "sponsored" placements and that will never change
The 'Politics' of Operating Systems (or Exclusion for Inclusion's Sake)
This whole 'wrongthink' policing is getting out of hand
Static Site Generators (SSGs) Save You Lots of Money and Problems
We've basically reduced the environmental/carbon footprint of the site by a factor of ~100 (2 orders of magnitude)
IBM Does Not Care About Families, Communities, and Even Its Own Workers
Red Hat isn't a family and to believe that it is would be the makeup of cults
Too Much of Today's Web is Fake, Not Just Fake News
We'll continue to advocate for adoption of Gemini Protocol
Simulating a Downtime Tomorrow Night
It is expected that network redundancy will make this maintenance invisible to us, but IRC hangups or general slowness are still a possibility
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 10, 2025
IRC logs for Monday, November 10, 2025
Links 11/11/2025: Conflicts and Politics From National Broadcasters
Links for the day
Gemini Links 11/11/2025: Poetry and Electronics Studies
Links for the day
Apple's Debt Grew by About 16 Billion Dollars This Past Year, "Disappointing iPhone Sales" Reported
People who buy Apple's goods based on some false notion that Apple is "cool" or ethical or "underdog" (late 90s) aren't just living in the past; they're fools
Turning Down Proprietary Software is About Making Society Better
We should not be tempted to shame people for merely trying to keep programmers honest and human rights-respecting
Debian GNU/Linux Became the Most Popular (Most Distros Are Based on It) Owing to Richard Stallman
New presentation
The Internet is Becoming Dead or a Zombie
The Internet is becoming like a giant botfarm
A Day for Poppies
This site will run as usual today. We continue our fight for Software Freedom.
"Modern" Doesn't Mean Better, It Typically Just Means Newer
RMS demonised as someone who rejects "modern society" ("rejecting modern society") by a site that uses slop extensively
The Cocaine Patent Office - Part IV: European Patent Office to Come Under Media and Political Scrutiny
We'll persist until we get some answers
Gemini Links 10/11/2025: Homelabs and KeePassRX Manual Now Available
Links for the day
63-Page Response to the EPO's Effort to Decrease the Salaries of Workers While EPO Management Snorts Cocaine for 20,000 Euros a Month
"Read more in these written comments we sent to the members of the GCC"
Response to Another New Hit Piece About Richard Stallman (RMS)
We see similar smears floating about and tackling them can help not only RMS but anyone who thinks similarly about computers
Shrinking and Cheapening the Workforce: the Future of Red Hat and IBM
Does Red Hat cheapen the workforce?
Links 10/11/2025: BBC Turmoil and Iranian Drought Crisis
Links for the day
The Register MS Still Occasionally Uses Slop
some articles don't use real images
Links 10/11/2025: "Scam Altman Gets Served Subpoena" and "China will Rule Renewable Energy"
Links for the day
ubuntupit.com Has Paused the LLM Slop (for Now)
No slopfarm ever offered any real value
More Media Coverage From Austria Regarding Cocaine Use by EPO Management
The ultimate goal is full accountability
Ponzi Economics and the Media's Role in Defending Ponzi Economics
We occasionally notice weak or almost-non-existent coverage regarding the economy
Links 10/11/2025: Very High Windows TCO and XBox Continues to Languish
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 09, 2025
IRC logs for Sunday, November 09, 2025