Bonum Certa Men Certa

With Latest Promotions, Microsoft Puts Its Tokens in the Patent Shakedown Basket, Its Patent Trolls Fight for Software Patents

More on the latest defeat to software patents in the US; Microsoft keeps pursuing these anyway

“That’s extortion and we should call it what it is. To say, as Ballmer did, that there is undisclosed balance sheet liability, that’s just extortion and we should refuse to get drawn into that game.”

--Mark Shuttleworth



Summary: Microsoft is again promoting its patent extortion staff -- those who attack GNU/Linux with software patents -- while its trolls, notably Intellectual Ventures, fight for software patents (but thankfully lose their battle, yet again)

BELATEDLY published in Techrights (late because of more urgent EPO news) is this reminder that Microsoft not only persists in patent shakedown against GNU/Linux but also PROMOTES the patent extortion folks (after Brad and Horacio, both of whom were repeatedly promoted, it is happening yet again). For those who have not been paying attention, see the following posts from last month and earlier this month:





Anyone who still believes that "Microsoft loves Linux" is clearly paying too little (if any) attention to the facts.

According to a blog post from IAM, "Microsoft IP supremo promoted after overseeing series of value creation initiatives," which in IAM's terminology (it's a pro-trolls site) means aggressive litigation ("value creation" is the euphemism). Mind the following part, which whitewashes the above-shown initiative that creates the notion of "unsafe" (or uncovered from litigation by Microsoft or its trolls) GNU/Linux and Free software:

Most recently, the company announced a package of IP-related benefits for users of its Azure cloud service which expanded its indemnification policy to include open source technology providers that power Azure services, made 10,000 patents available to Azure customers to help defend themselves from infringement lawsuits and guaranteed that if Microsoft sold patents to an NPE they couldn’t be asserted against those customers. The initiative, known as the Microsoft Azure IP Advantage programme, demonstrated how the software giant is prepared to use its significant IP resources to gain an advantage over key cloud competitors Amazon and Google.


It would not at all surprise us if Microsoft-connected trolls started hammering Amazon with patent lawsuits or instead targeted AWS customers, thus pushing them towards the perceived 'safety' of Microsoft with "IP Advantage".

"Anyone who still believes that "Microsoft loves Linux" is clearly paying too little (if any) attention to the facts."Microsoft's biggest patent troll, Intellectual Ventures, is suing a lot of companies (sometimes directly, sometimes though its huge collection of shells), but it has just failed to revive software patents again, after a case got escalated to the Court of Appeals for the Federal Circuit (CAFC).

CAFC will be the subject of some longer articles, probably to be published over the weekend, but the above case is unique because of the Microsoft angle. There have been many articles about it, e.g. [1, 2, 3, 4, 5], and yesterday Patently-O called it "yet another Intellectual Ventures loss" (at CAFC) and added a statement about "NO STANDING TO SUE". To quote: "In yet another Intellectual Ventures loss, the the Federal Circuit has affirmed the W.D. Pennsylvania district court ruling that the asserted patents are invalid as ineligible under 35 U.S.C. €§ 101.[1] This decision was issued in parallel with IV v. Capital One discussed previously. I’m going to put-off the Section 101 discussion for another post, however, and write here about the assignment debacle."

"It would not at all surprise us if Microsoft-connected trolls started hammering Amazon with patent lawsuits or instead targeted AWS customers, thus pushing them towards the perceived 'safety' of Microsoft with "IP Advantage"."What Dennis Crouch describes is unique (not mentioned in the above press articles) and states that "before reaching the Section 101 eligibility issues, the district court dismissed IV’s infringement case related to the ‘581 patent for lack of standing – finding that IV didn’t actually own the patent."

We mentioned such a debacle last weekend as well. It's a recurring theme now. How is that not treated as a serious offense? Thankfully, in this scenario (Erie Indemnity Co.), Intellectual Ventures failed to revive software patents, but it will certainly keep trying and Microsoft will count on it. Quite a few victims of Intellectual Ventures bullying are companies that use GNU/Linux a lot; some of them even distribute GNU/Linux.

Recent Techrights' Posts

Many IBM Layoffs, Centred Around Expert Labs US in Atlanta (Offer of "Relocation" Where No Such Option Exists)
So Techrights was assessing comments/gossip online and it was right about the Thursday cull
Richard Stallman's Next Public Talk is in Milan, Italy Next Week
Happy hacking
Why We'll Continue Covering EPO Abuses (Other Patent Offices as Well, as the Need Arises) for Many Years to Come
We're basically becoming Russia
These Feet Are Made for Walking
Humans are apparently so very clever that they decided to form a "progressive" consensus: feet no more
OFTC Has Just Culled About a Third of Its Online Users
It's not the first time they purge or force offline many people/bots
 
Links 23/05/2025: Violent Attacks on the Press, VMware Price Hikes, Vista 11 Considered Unsuitable for Any Confidentiality
Links for the day
Gemini Links 23/05/2025: Balkan Tourism, UK Polls, Reticulum and Meshtastic
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 22, 2025
IRC logs for Thursday, May 22, 2025
Back to Basics, Folks, "AI" (Plagiarism) is Symptom of a Dying Industry Looking for Whatever Prey It Can Devour
lousy/sloppy imitations
Liam Proven's Thoughts on "AI" Being a Scam No Different From Religions, Alternative Medicine, and More
"Is there anywhere outside of retrocomputing that doesn't have AI in it?"
Slopwatch: Slopfarms That 'Hallucinate' (Yield Falsehoods) Cited as Credible Sources and Microsoft Media Gaslighting Everybody
Part of the problem is, Google News
More Media Coverage and Photos From Richard Stallman's Presentation in Liberec (Czech Republic)
Here are some photos
The Microsofter Who Kept Sending Threatening Post and E-mail to My Wife Has Been Spooking Women for at Least Two Decades
censorship was the ultimate goal
Links 22/05/2025: Openwashing, Dumping Microsoft's Entrapment (Microsoft GitHub), and New Climate Disasters
Links for the day
Gemini Links 22/05/2025: Crimson Pro Font and CGI in Bash
Links for the day
IBM Goes to India, Fires People in the United States (Under the Guise of "Relocation" or Similar), Accusation of Bribery in the Company
LLM slop sites (some are pure slopfarms) from India say the IBM layoffs result in hiring "AI" (the "I" stands for India)
Links 22/05/2025: TikTok Laying Off Again, Microsoft-Backed Builder.ai Set for Bankruptcy, Scam Altman Uses 'Funny Money' to 'Buy' (Hire) Company
Links for the day
We Seem to Have Abandoned Science and Replaced Sound Policy With Private Patent Shareholders and College Dropouts Like Bill Espteingate
Because of what they did there are now many people out there who reject all vaccines
The Evolution of Microsoft's War on GNU/Linux
13 sins
My New Desk Arrangement (and More Breaks From the Keyboard)
all in all yesterday I devoted 4-5 hours to redoing and shuffling stuff
Central Staff Committee of the EPO Opposes Abuses Against EPO Staff, Challenging SuccessFactors Stunts
Europe became institutionally colonised
Gemini Links 22/05/2025: "Conspirituality" and Visiting One's Old University
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 21, 2025
IRC logs for Wednesday, May 21, 2025
Bigots and Lunatics Who Attack Microsoft Critics, Projecting Their Own Bigotry by Accusing Others of Imaginary Things (Which They're Innocent Of)
"In psychology, projection refers to assigning your negative traits or unwanted emotions to others without being aware you’re doing it."
"The Appeals Committee [at the EPO] Unanimously Stated a Formal Flaw in the Consultation of the General Consultative Committee (GCC) on the Reform"
It's a truly horrifying situation
Microsoft Killed the Term "Open Source" (by Bribing/Taking Over OSI, 'Linux' Foundation Etc.) and Now It Needs to Kill the Brand Linux (Because Windows Just Won't Run!)
Why else would Microsoft falsely describe Windows as "Linux" and "Open Source"?
Slopwatch: Liars for Microsoft, Plagiarism, and IBM Red Hat Markets Slop as "AI"
Today was a bad day news-wise
Links 21/05/2025: Climate Problems and Ceasefires No Longer Foreseen
Links for the day
Gemini Links 21/05/2025: "Shrimps of Doom" and "ASCII-graphs"
Links for the day
Links 21/05/2025: GitHub Becoming Slop, MElon as a Drug Addict Considered National Security Risk
Links for the day
Slopwatch: Slopfarms 'Think' Redis is "Linux" (RedisRaider)
Today we'll keep it short and to the point again
IBM Has Allegedly Just Sacked Mr. McKinsey (McK), Clay Cowan, Its Fourth CMO in a Few Years
To insiders he represented the company that's killing IBM or advising IBM on how to self-destruct
Gemini Links 21/05/2025: Trips, 4D Golf, and Writing Software
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 20, 2025
IRC logs for Tuesday, May 20, 2025