Bonum Certa Men Certa

IBM Turns Into More of a Patent Troll Amid Layoffs, Gradual Demise of Real Products

Summary: IBM turns out to be using software patents in order to make money at the expense of much smaller companies; the threat of software patents resurfaces in India

IBM, the company which promotes software patents in Europe. is reportedly going after relatively small companies (not Sun) with patent demands. Citing this report, an expert in this area (Mullin) says: "Twitter's first annual financial results were revealed on Thursday. Buried deep in the document is the price it paid IBM after it was confronted with a patent infringement threat by Big Blue: $36 million. Bloomberg was first to highlight the price tag.



"IBM sent a letter to Twitter in November saying it was infringing at least three IBM patents. That resulted in a negotiation that ended up with Twitter getting a license to IBM's patents, acquiring about 900 of them for itself, and (we now know) paying $36 million."

Shame on IBM.

Just as the US begins thinking about getting rid of software patents the #1 patent holder in the US (whose former staff headed the USPTO until recently) takes us back in time, demonstrating that IBM (with OIN) is not much different from those patent trolls we keep hearing about (OIN is powerless against trolls as well). Here is a new report about a troll: "Personal Audio LLC has recently become one of the more well-known "patent trolls" due to its broad claims to owning basic podcasting technology. The company has filed lawsuits in East Texas, claiming that its patents on "episodic content" technology, which stem from founder Jim Logan's failed "Magazines on Tape" business, entitle it to royalties from podcasters large and small."

How is that so different from what IBM is doing? iophk says: "Burning through the EFF's scant resources playing whack-a-mole with patent trolls. That won't do anything to solve the underlying problem which is that of patenting software. Get rid of software patents and the trolls will be gone."

There is actually a correlation between software patents and trolls, as demonstrated by Mullin some years ago. Many boosters of software patents are also trolls (Microsoft, IBM and Nokia for example) and many trolls are using software patents in litigation (about 70% of the time).

IBM recently laid off many employees in India (we covered this thoroughly) as it's moving into more of a surveillance business [1,2] (IBM is already a surveillance giant) and considers offloading more of its hardware business [3]. Meanwhile, suggests this new post. the threat of software patents in India is back. Spicy IP says: "The reason why I am limiting the issue only to the term software per se is because of the recent discussions draft guidelines issued by our Patent Office on the topic, and the subsequent discussions on the same."

The term "software per se" is similar to the phrase "as such" in Europe or even New Zealand. It is a trick. To quote further: "As we know that the term per se did not come into the act directly. It came in on the recommendation of the Joint Parliamentary Committee (“JPC”). The JPC inserted the term to address the patentability of inventions relating to computer programs that may include certain other things that were ‘ancillary thereto’ or ‘developed thereon’. Accordingly, if computer programs per se are not patentable, something that is ancillary thereto or developed thereon is patentable."

This is bad and it deserves more media attention. Much of the anti-software patents lobby, however, is quiet or defunct now, in part because corporations hijacked the debate and shifted focus to small trolls (not large ones like Microsoft, Nokia, and IBM).

Related/contextual items from the news:


  1. IBM 'as a service' cloud pieces fall into place
    IBM has acquired a bevy of cloud companies and built a Big Blue cloud stack. Here's a look at the moving parts and how they fit together as IBM moves from hardware to the cloud.


  2. IBM in the Cloud: More Method Than Meets the Eye?


  3. IBM reportedly considering sale of chip manufacturing operations
    IBM is considering a sale of its chip manufacturing operations, the Wall Street Journal reported last night. The company would not stop designing its own chips, however. Just as AMD outsources manufacturing of the chips it designs, IBM "is looking for a buyer for its manufacturing operations, but plans to retain its chip-design capability," according to the Journal's source.


Recent Techrights' Posts

End of the Smartphone Era? No.
Maybe the media should focus on producing accurate, factual news
Latest Is Not Greatest: The Case of "Foldable" Tech
don't be shamed into abandoning old things just because the "fashion industry" of Apple and Samsung tells you to
Gemini Links 21/08/2025: The Attraction of Back Alleys, Initramfs, and BSD ISPs
Links for the day
 
Slopwatch: Sites Gone Rogue, Google Promoting Lies, and DDoS Attacks by Plagiarism Giants
Charlatans and frauds engage in a war against artistic industries, mislabeling plagiarism as "AI"
Links 22/08/2025: Cisco Layoffs, LA Times Says "AI Hype is Fading Fast"
Links for the day
Gemini Links 22/08/2025: K for Kentucky and Caddy Versus LLM Slopbots
Links for the day
The "End Software Patents" Initiative of the FSF Explains "WHY [to] ABOLISH SOFTWARE PATENTS"
We hope to cover patent-related issues more and more as the big anniversary of the FSF approaches
This Saturday It's Gonna be 3.5 Years Since Russia Invaded Ukraine. No Microsoft Protests Against Microsoft Having Provided Russia With Services.
Companies do not have consistent policies and enforcement of "corporate values" is somewhat of an egg salad
Freenode Sniffing
The grown-ups left the building
The Only Thing Worse Than Misinformation is Misinformation Sold to Everyone as "Intelligence"
Misplaced trust is worse than none at all
The Register MS Now Openly Admits LLM Hype Does Damage, But It's Also Being Paid to Participate in the LLM Hype (With Paid 'Articles' and 'Webcasts' for Paying Advertisers)
The Register MS gets paid to do this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 21, 2025
IRC logs for Thursday, August 21, 2025
Enshittification of Airports, Airlines, and Airplanes
If people are willing to tolerate standard declines and enshittification (nowadays sold as "pivot to AI" or "replaced by AI" or "AI layoffs") they will pay for it some other way
Airlines and Their Tricks That Only Work in the 'Digital Age'
People sceptical of the direction technology has taken are not "Luddites"
Open Source Initiative (OSI), Which Became a Propaganda Front of Microsoft and "Hey Hi" (Hype, Misnomer), Wants You to Forget These Scandals
A lot of these issues won't be set aside until there's a resolution
The Culture of Overnight Coding
An industry-wise push-back is needed
Windows Down to New Lows in Guinea Bissau and Many Countries Around It
If Android is accounted for, Windows is down to about 10%
Gemini Links 21/08/2025: Modern Dating, Debian 13, and Apache
Links for the day
Microsoft Has Had About 10 Waves of Mass Layoffs So Far This Year (Not Two as Mainstream Media and Slopfarms Endlessly Claim)
Notice how the MSM (Mainstream Media) never mentions the debt of Microsoft. It is a conscious, deliberate decision.
Links 21/08/2025: Covid Cases on the Rise, "Social Media Trolls", Russia's Attacks Intensify
Links for the day
Links 21/08/2025: Stephanie Shirley Dies and "Groklaw Domain Hijacked?"
Links for the day
Search in 2025 (Age of DDoS Attacks Under the Guise of "AI" "Innovation")
One common concern when things go "live" is that any random bot out there can execute queries, pumping up RAM and CPU usage, as happened when we used MediaWiki and WordPress
Using Slop for Images Does Not Make Your Site Look Advanced or Witty, It Just Makes Your Whole Work Look Like Presumed Plagiarism
Lazy slobs and Serial Sloppers use the guise/excuse of "AI" to plagiarise and spam the Web
Financing of the "Hey Hi" (AI) Bubble by Those Who Profit From Planetary Destruction (Global Warming)
It's about personal gain, too
Richard Stallman Will Speak in Ethereum Cypherpunk Congress
it's good to see that the FSF pays considerable respect to it founder, who is moreover invited to speak at events
(At Least) Second Wave of Mass Layoffs in Microsoft This Month
This is not the first time this month that Microsoft has mass layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 20, 2025
IRC logs for Wednesday, August 20, 2025
IBM Operatives Inside The Register MS and More Shady Money to Follow
The Register MS bites every banknote it can sink its teeth into
On the Internet, Nobody Knows Microsoft and Windows Are Becoming Niche Players Until Data is Shown Correctly, Not Microsoft-Sponsored Articles in Microsoft Publishers
Microsoft controls a lot of publishers and thus it controls information
Slopwatch: Serial Sloppers and Slopfarms in Google News (e.g. Linux Journal and WebProNews)
Google plays an active role (if not deliberately then through utter neglect and carelessness) in plagiarism
Links 20/08/2025: Mass Surveillance Framed as "Artificial Intelligence" (All Old Things Reworded to Misframe Old Computer Issues), Europe Resists Capitulation to US(SR)
Links for the day
Gemini Links 20/08/2025: Trips and Permacomputing
Links for the day
Links 20/08/2025: Oracle Layoffs in India, "AI" Scammers/Profiteers Admit It's a "Bubble", Softbank-Saudi (Oil) Control Tech Companies
Links for the day
Social Control Networks Give You False Metrics to 'Addict' You To Them
Leaving social control media may seem hard, but the same is true for any other addiction
A Lot of What Happened in Twitter Was Bots, Botfarms, and Troll Farms. It's Even Worse Now (Under X.com) and People Are Noticing.
Last month we said the same was happening in YouTube
Microsoft May Have Become - at Least Partially - Like a Boiler Room Scam
Giving imaginary salaries using imaginary tokens based on imaginary value (with restrictions on conversion to cash)
In Vietnam, Microsoft's Search Engine "Market Share" Fell to Almost 0%, CocCoc More Than 5 Times Bigger
Why are people still investing in this company?
All That's Left of MSNBC (Microsoft-NBC) is Microsoft NOW
When plutocrats and large corporations (even deep in debt) buy all the communication channels
The Register MS, Paid to Promote "AI" Hype, Does "Sez" (Says) Pieces
every bubble-funded "news" site tries to make it a story about "AI"
Many Companies Are Run by Liars Who Ride Other People's Money
Or steal it
Before CoreAI There Was Builder.ai
GitHub isn't about "AI" (just a bunch of lies and storytelling for shareholders' patience)
Microsoft Windows in Croatia at New Lows
We've been keeping track of this trend for a while
Using the Best Tool/s for the Job: RSS Feeds and RSS Readers
Use RSS feeds. Reject those "modern" Web things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 19, 2025
IRC logs for Tuesday, August 19, 2025
Gemini Links 20/08/2025: Neovim, XML, and Alhena 5.2.9
Links for the day