Bonum Certa Men Certa

Microsoft's Patent Troll and Taxman Intellectual Ventures Gets Indirectly Closer to Google (Android/ChromeOS Steward) and to Linux

Nathan MyhrvoldSummary: The world's largest patent troll, composed of literally thousands of shells having been created by Microsoft with significant help from Bill Gates, is widening its reach to to the Google-backed Yieldify and TiVo (through Rovi)

NOBODY denies the fact that Intellectual Ventures (IV) is a patent troll, as per the definition of the term, and also the world's largest one. It's closely connected both to Microsoft and to Bill Gates (at a personal level/capacity), so we pay careful attention to it. We recently criticised IAM for grooming IV and now, based on a rare weekend update, IV speaks to IAM. As the editor put it: "Subsequent to the article’s publication, IV co-founder Peter Detkin got in touch with myself and Kent Richardson to comment on some of what it said; Kent then responded. Both have given me permission to publish their correspondence (note that this has been edited into IAM house style - so, for example, original US spellings have been turned into British English – but there no substantive changes were made)."



We understand why IAM entertains patent trolls' marketing. IAM is, after all, partly funded by patent trolls, for whom it organises reputation-laundering events. It's thus not hard to see why IV might view IAM as an ally rather than a suspicious or critical foe. There's a sort of back-rubbing there.

Google came under fire some days ago because a company it backed has hooked up with IV. The Register's most trollish pundit, who habitually comments in IP Kat since weeks ago, said this (under the words "Um, Google… I thought you hated patent trolls?"):

Yieldify, the Google-backed startup accused of stealing code from British adtech company Bounce Exchange, has been making some unusual friends.

Yieldify has acquired an ancient web patent from III Holdings which was first filed in 2007. III Holdings is better known as Inside Intellectual Ventures, co-founded by Nathan Myhrvold. It has been dubbed “the most hated company in tech” and “the world's biggest patent troll.”

IIV is a “NPE” (non-practicising entity), which gathers up patents and seeks to unlock their value through selling on or licensing the IP. This has been backed up by litigation, such as Samsung, a recipient of one of III’s sueballs.

In a court filing made last week, Yieldify made a request for declaratory judgement in its ongoing case versus Bounce Exchange, citing the IIV patent. This is a request for the case to be thrown out. The complaint also uses the patent in question to lodge an infringement claim against Bounce Exchange.



Here is another report about this, which correctly notes:

The patent wasn't originally Yieldify's, though. Yieldify has purchased the patent from Intellectual Ventures in order to open up a new front in its battle with Bounce Exchange. It was first submitted for approval to the US Patent and Trademark Office back in 2005 by Intellectual Ventures (IV), an organisation that CNET once described as "the most hated company in tech."


There is a little more IV in the mix and it directly impacts Linux because DRM proponent and Linux kernel troublemaker (TiVo) reportedly gets together with a friend of patent trolls like Intellectual Ventures. As a patent maximalist's site put it the other day: "Whether Rovi uses that war chest to attack competition (which becomes harder or easier as the anti-software patent pendulum continues to swing), or to further refine the Bolt and Rovi’s own media guides or both – the acquisition does spell positive for both companies and their stakeholders."

One must remember that any proximity/link between IV and Linux can help Microsoft tax Linux using patents from thousands of different directions (IV has literally thousands of shells or satellites). A lot of patent trolls attack legitimate companies down in Texas and it's hard to tell who they work on behalf of.

Vice has this new sort of 'expose' about Rodney Gilstrap, who was mentioned here before, e.g. in [1, 2, 3, 4, 5]. He is the patent trolls' best friend at the court and to quote portions of this rather damning report:

The Small Town Judge Who Sees a Quarter of the Nation’s Patent Cases



[...]

The first thing people tell you about Judge Rodney Gilstrap is that he’s not from Marshall. In the small Texas city (population 24,000) east of Dallas where he presides as a US district court judge, where you’re from matters, and the 59-year-old Gilstrap was actually born in Pensacola, Florida. But because he earned both his BA and his law degree at Baylor University (three hours away in Waco, Texas), has practiced law in Marshall since the 80s, and married a local girl whose family owns the town funeral home, most folks forgive Gilstrap this blight.

[...]

Since taking the bench in 2011—moving literally across the street from his law office into the district courthouse—Gilstrap has become one of the most influential patent litigation judges in the country. In 2015, there were 5,819 new patent cases filed in the US; 1,686 of those ended up in front of Judge Gilstrap. That’s more than a quarter of all cases in the country; twice as many as the next most active patent judge.


Patent trolls are truly an epidemic, but they rely on software patents and corrupt courts (or states that harbour patent trolls for profit, much like tax havens that welcome tax evaders). What's also crucial for everyone to remember is that many patent trolls work at the behest of some corporation lurking in the shadow, targeting its competition to drive prices higher or drive the competition out of the market. Intellectual Ventures already attacks Linux in various ways (from many directions), as we showed here before.

Recent Techrights' Posts

Early Unverified Figures About Scale of Latest IBM Layoffs
the real scale of the RAs will remain elusive
How Techrights Search Works
Hopefully bots won't use it
Techrights Became a Lot More Productive as a Result of Attacks on It
By default, it's safe to assume anything on the Web is garbage, especially in social control media
Unverified Rumours: IBM Cuts Will Continue Another ~10 Days, Managers Will Invite Those Impacted for 1-on-1 Meetings
Right now IBM likes diversity because with adoption of low-paid demographies it gets to pay workers less for the same work
analytics.usa.gov: Vista 11 Scarcely Used, GNU/Linux Increasingly Dominant (Microsoft Loses "Goodwill", Depletes Cash Equivalents, and Debt Soars)
"Total current assets" fell by more than 2 billion dollars in the past 3 months
Not Only Mass Layoffs at IBM But Complete Shutdowns "Amid A.I. Boom"
apparently about 10,000 layoffs, not counting those who got pushed out by PIPs and other means
Search @ Techrights: Almost There Now (Maybe an Anniversary Gift)
Just to be very clear, search would not be unprecedented at Techrights
 
Red Hat Staff Also Impacted by Latest IBM Layoffs With Focus on North America and Software, Infrastructure
After the bluewashing never expect to see news about "Red Hat layoffs", just as "Tivoli layoffs" aren't to be expected
Coming Soon: Part 4 About the EPO's Substance Abuse (Breaking Laws to Fake 'Production' and Profiting From Unlawful Monopolies)
Notice how quiet the EPO's management has been lately
For the Record: We Never Named Staff of the Law Firm That's Attacking Us, Except the One the Firm is Named After!
Just to affirm and be sure, I've used our new search facility
Links 05/11/2025: Medicare Privatisation and "Breaker Box Economy"
Links for the day
Techrights Search Will Come Early
Maybe tomorrow
It Seems Like GNOME/IBM Don't Like Women and When Budget is Limited Only Women Take the Fall
Seems like a very patriarchal, GAFAM-controlled Foundation
"Last Day" as in "IBM Sacked Me" (Cruel Euphemisms)
"The entire design and research technical leadership at IBM was laid off in the past year, including this round"
Shadow Crew and Ads Disguised as Articles
That The Register MS runs articles that are paid-for fluff isn't unprecedented
Vista 11 "Market Share" Has Fallen This Month, Based on statCounter
The US government's own data shows the same thing this month
This is How Mainstream Media, Boosted or Parroted by Slopfarms, Spins IBM's Commercial Failure and Mass Layoffs as "AI"
Some say "software focus", but most just resort to buzzwords and blame-shifting hype
Resisting Misogynists
Rianne has already added close to 100,000 pages to this site
Starting November on a Strong Note
All in all, this month started well for us as we have good, accurate publications with considerable impact
Fake Retirements Help IBM Keep the Layoff Figures Down
Yesterday we read that it was quite cruel how IBM (or Red Hat) compelled staff to pretend to be happily leaving or "retiring" when the reality was, they had been pushed out with some "package"
Cocaine at the European Patent Office Now a Subject in YouTube, Media Will Revisit the Topic
"The Cocaine Patent Office" is no joking matter
Gemini Links 05/11/2025: "Wuthering Heights" and "Winter is Coming"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 04, 2025
IRC logs for Tuesday, November 04, 2025
2 Days Until Site Anniversary Party, Search Likely to Launch Same Day
We're now just two days away from the nineteenth anniversary of the site
Richard Stallman's 2005 Article on Why Patents on Software Should be Denied
If patent law had been applied to novels in the 1880s, great books would not have been written. If the EU applies it to software, every computer user will be restricted, says Richard Stallman
"Last Day" at IBM and Red Hat as "Stealth Layoffs" (They Force People to Pretend It's Wilful)
So the real extent of the layoffs is being kept 'undercover'
Slopwatch: The WebProNews Slopfarm and the Serial Slopper
The Web is ill
Links 04/11/2025: Tensions Around Belarus Grow, Turkey’s Hype-inflation Continues
Links for the day
Corporate Media That Fails to Report Cocaine at EPO is Totally Failing to Report Mass Layoffs at IBM
How come nobody anywhere writes about this week's RAs?
At IBM, Layoffs Start at 1AM (at Night)
not a single English-speaking site covers the news about the layoffs
Links 04/11/2025: Google Cloud Account Engages in Censorship of the Innocent, arXiv Spammed by LLM Slop
Links for the day
EPO Cocaine Chronicles: Our Aim Will be to Ensure This Becomes a Mainstream Media Topic, Not a Suppressed Scandal (Which the German State Deems Embarrassing and Detrimental to Its Pan-European Patent Franchise)
At the EPO, and perhaps in German media as well, people "fall upwards" (they get rewarded for bad things)
Envy Makes People Do Self-Harming Things (and Harm to Others)
Online communities that can be deemed successful are built around trust, mutual respect, and collective accomplishment
Static Site Generators (SSGs) Made Techrights Better, Faster, Easier to Manage
Consider adopting SSGs if you still use a CMS such as WordPress
But he Was Born in Manchester! (Origin Stories)
Borussia Dortmund does not exist!
What Julian Darley Wrote About the Stallman Talk Regarding "AI" in Oxford (2025)
From LinkedIn (Microsoft)
GNU/Linux is American, Not Finnish
It started in Boston, not in Helsinki
'Hacker' 'News' Makes Dumb Assertions Against Smart People
A logical fallacy
We Turned Down Every Settlement Offer Because Truths Aren't Determined in Bank Accounts
Without free press, there won't be free society
"All truths are easy to understand once they are discovered; the point is to discover them." -Galileo Galilei
This site is educational
Why I'm Always Proud of the Site I've Devoted My Life to
As a graffiti around the corner from our home says, "be a better person"
Standing Up or Standing for What's True But Inconvenient
Bad actors need to be called out
Many People Have Said That They "Leave" IBM in Recent Days (Ahead of Mass Layoffs)
So the real extent of layoffs is greater than what's publicly stated (there are silent layoffs) [...] Whatever IBM says about the scope, scale, or magnitude of the "RAs", it doesn't tell the full story
Media Coverage Regarding IBM is Vapourware and LLM Slop
With slop images, too
statCounter Says GNU/Linux Rose to 4% in the Russian Federation
Adoption of Vista 11 has been embarrassingly weak
Corruption is Not a Joke
we'll try to limit our use of humour to avoid misunderstandings or misinterpretations
The Slopfarm WebProNews is Overwhelming "linux" Results in Google News
Google News is slop
The Fall of IBM: What Happened?
Just like the EPO continues riding some old reputation acquired in the 1970s IBM relies on old myths like, "nobody gets fired for buying IBM."
IBM's CEO Already Has the Excuse for the Latest Wave of Mass Layoffs
Only days ago the CEO told a bunch of nonsense
Links 04/11/2025: Conflicts, Politics, and IPv6 at Home
Links for the day
Gemini Links 04/11/2025: Entering WiFi Passwords and Programming Rambles
Links for the day
Arch Linux Seems Like the New Debian
Arch users (btw!) are growing in relative and absolute share
Analytics From US Government Affirm a Trend: Microsoft's "Market Share" in Search is Falling
the data set is large
Holding Institutions Such as the EPO Accountable Through Public Information
Speaking truth to power is never easy
Techrights Will Contact German Media About the EPO's Substance Abuse
This scandal won't "go to waste"
EPO Staff Losing Holidays, as Usual, as the Office Increases Profits by Illegally Granting Invalid Patents While Reducing Salaries
How much more can the staff endure and generally tolerate?
Free Software Does Not Always Speak for Itself, It Needs Advocates
Legal matters that relate to sharing of code will be discussed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 03, 2025
IRC logs for Monday, November 03, 2025
The Register MS Continues Looking for Money in Promotion of the "AI" Ponzi Scheme
That The Register MS participates in this deceit rather than tackle/debunk it says a lot about The Register MS
IBM Layoffs in "Software", This Likely Impacts Red Hat as Well
Many people say "software" people are impacted
Escaping Proprietary Software, Not Just Escaping Microsoft
To take control of your life adopt GNU/Linux
A Lot of Fake News About Microsoft Headcount (Also: Microsoft's Debt Rose by About 24 Billion Dollars in Past 12 Months)
If you see some headline about Microsoft's CEO making claims about hirings, look away
Techrights Turns 19 in Three Days
It would be nice to meet for a chat
Akira Urushibata on How Grokipedia Fails to Work
The Grokipedia article gives the wrong character for the "Ko" on "Koan"
Links 03/11/2025: Data Breaches, Wars, and Digital Censorship
Links for the day
Gemini Links 03/11/2025: Poetry, Old Androids and Small Shells
Links for the day
The Rumour Was True, Mass Layoffs at IBM Today
How widespread the layoffs are (or how they're disguised, e.g. PIPs) is hard to assess
Links 03/11/2025: Internet Anniversary
Links for the day
Two Years of Uptime
Reboots are seldom involuntary
Richard Stallman is Giving Another Talk in Less Than a Fortnight
in two weeks' time (13 days from now)
Windows Falls Below 20% in the UK
Many people choose to leave Windows altogether
Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
what can Microsoft sell other than shares in Microsoft?
Evidence Regarding Layoffs at Red Hat
Seems like IBM layoffs
Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
Hallmark of pseudo-economics
GNU/Linux as a Boarding Pass
being mostly analogue is still feasible
Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
Links for the day
Gemini Links 03/11/2025: Books in October and Change
Links for the day
Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
The Web has become monocultural
Debian is Non-Free
Devuan might be worth looking into
Slopwatch: Brian Fagioli and LinuxSecurity
This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
Today we expect to be back to a more-or-less regular publication pace
Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 02, 2025
IRC logs for Sunday, November 02, 2025