Bonum Certa Men Certa

To Understand the Protection Racket Look Not at Microsoft But at Patent Trolls Which It Sponsors

The 'enforcers' are Finjan et al.

RacketSummary: An outline of patent activities which are connected to Microsoft, including the protection racket known as Azure IP Advantage

THE patent strategy which revolves around taxing GNU/Linux carries on at Microsoft. It's alive and well, it's just 'dressed up' or marketed differently.



Erich Andersen (Corporate Vice President and Chief IP Counsel at Microsoft, based in Redmond) will never say that Microsoft is running a racket. Maybe he'll even convince himself otherwise. Having recently driven that crazy “AI” hype, Microsoft's Andersen now says: "During this time when customers are rapidly adopting #AI solutions across industries to solve important problems, Microsoft is helping to protect those investments by offering #AI patents as part of #AzureIPAdvantage..."

"The patent strategy which revolves around taxing GNU/Linux carries on at Microsoft."Also, linking to IAM, he wrote: "One year after the launch of #AzureIPAdvantage, our commitment to protecting @Azure customers from IP claims remains strong and unmatched in the industry..."

What he does not say, however, is that Azure IP Advantage is a misnomer; it's actually a protection racket. This week, for example, he also promoted software patents by citing the EPO's latest stunt, which frames such patents as "Fourth Industrial Revolution".

"What he does not say, however, is that Azure IP Advantage is a misnomer; it's actually a protection racket.""No surprise here," he wrote, as "patent filings up at the EPO in "Fourth Industrial Revolution technologies"" (that's software patents, by IAM's own admission). Those sorts of buzzwords, "AI" included (EPO prefers "ICT" and "CII"), are nowadays routinely used to dodge the negative publicity of software patenting. Suffice to say, software patents are at the very heart of the racket (Azure just runs code), but after Alice their value is questionable at best.

The other day, piggybacking the gender slant, this event promoted software patents, relying on a Microsoft-sponsored patent troll called Finjan for lobbying. Coreena Brinck said that the USPTO "recently handed down a decision where software was found eligible for patentable: Finjan v Blue Coat Systems Inc."

We wrote several articles about that and it's not what they claim it to be. This same case was also mentioned on February 5th by Peter Keros. He focused on patents as corporate welfare (what Microsoft is pursuing) when they're not just a loophole/instrument of tax evasion (very common). To quote:

Damages for patent infringement must be apportioned to the infringing features of an accused product and supported by substantial evidence. Finjan, Inc., v. Blue Coat Systems Inc., No. 2016-2520 (January 10, 2018) (precedential). After considering subject matter eligibility and infringement of the asserted patents, the Federal Circuit reviewed the damages awarded by the jury, reversing awards unsupported by substantial evidence and affirming awards properly apportioned.


Finjan, Inc. v Cisco Systems has also just been brought up in the following context:

The court denied defendant's motion to dismiss plaintiff's willful patent infringement claims for failing to sufficiently allege egregious behavior.


Microsoft-sponsored patent trolls keep harassing Microsoft's competitors in court, fueling the above-mentioned protection racket. They want companies to either enter Azure or enter exclusive 'clubs' like AST. "AST members including IBM, Microsoft and Google," IAM said the other day, "spend $2.5 million in latest IP3 patent buying programme," noting:

AST has announced the results of its latest IP3 initiative which saw 15 of the defensive patent platform’s members participate, including Google, IBM, Microsoft and Ford.

In total they spent almost $2.5 million to buy 70 active assets in 19 portfolios with prices per lot ranging from $25,000 to $390,000; and an average selling price per family of $128,000. There was an average of 3.6 assets per family (up from 1.84 last year) with the largest lot that was acquired including 21 US patent filings (a lot could comprise multiple families).


IBM, Microsoft and other patent villains are basically at peace with each other because they all have a lot of patents; but what about smaller companies? Those are the companies that IBM and Microsoft go after, but not always directly. Several years ago Microsoft passed many of Nokia's patents to this patent troll (MOSAID) and based on this new press release (via) Microsoft and Nokia keep feeding other patent trolls using key patents (like they did MOSAID). To quote:

This offering follows on the heels of the Telecommunications Portfolio I offering made in August of 2017 via AQUA Licensing. The previous portfolio consisted of 4,260 patent families. To date, buyers have been identified for a significant portion of the initial offering.

The new Telecommunications Portfolio II offering comprises 557 patent families, developed by Alcatel-Lucent / Bell Labs, Nokia Technologies and Nokia Networks.


These patents can thus be used to go after AWS clients or Microsoft rivals in the device space. Not everyone can afford membership in AST or RPX or whatever new pools they keep setting up. To avoid the perception that IBM is going to attack GNU/Linux with patents, the Open Invention Network (OIN) was set up more than a decade ago. Never mind if IBM sells patents to trolls like Finjan and OIN, by its own admission, cannot do anything against trolls.

The latest OIN addition is Hitachi, as announced in this press release a few days ago.

Open Invention Network (OIN), the largest patent non-aggression community in history, and Hitachi, Ltd. (TSE:6501) (Hitachi) announced today that Hitachi has joined as a community member. As an innovation partner for the IoT era through the advanced Social Innovation Business that leverage OT (operational technology) and IT, Hitachi is demonstrating its commitment to open source software as an enabler of innovation across a wide spectrum of industries.

“Hitachi was an early and enthusiastic supporter of open source. It helps businesses modernize their industrial applications with technologies that rely heavily on Linux and embedded Linux, like the Internet of Things (IoT),” said Keith Bergelt, CEO of OIN. “Given its substantial patent holdings, we are pleased that Hitachi has recognized the importance of participating in OIN as part of its IP strategy.”


They (OIN) may sound Linux-friendly, but they don't fight software patents. It's like an IBM (amongst others') instrument/tool/front group. Here is what Linux Journal wrote about this:

Hitachi has joined the Open Invention Network, "the largest patent non-aggression community in history". According to Norihiro Suzuki, Vice President and Executive Officer, CTO of Hitachi, "Open source technology, especially Linux, drives innovation in areas that are critical to the customers that we serve, including technologies such as servers, storage, cloud, converged applications, big data and IoT. By joining Open Invention Network, we are demonstrating our continued commitment to open source technology, and supporting it with patent non-aggression in Linux." See the press release for more information.


"Microsoft does not love Linux. In fact, Microsoft hates Linux. It just doesn't want people to see it, so attacks on GNU/Linux typically come through consultancies such as Accenture and patent trolls like Finjan."OIN will not be able to protect clients of Microsoft's rivals (or Microsoft's rivals themselves) when some troll like Finjan or MOSAID (now known as Conversant) runs after them, so it's a pretty toothless defender. Generally speaking, we expect many more lawsuits like the above. As Microsoft rarely sues directly (anymore) we're left to analyse the passage of patents, passage of staff (like in Acacia) and the overall strategy.

Microsoft does not love Linux. In fact, Microsoft hates Linux. It just doesn't want people to see it, so attacks on GNU/Linux typically come through consultancies such as Accenture and patent trolls like Finjan. ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part XXI - Techrights Was Right, So Why Was It Punished by Lawfare While the Culprits Walk Away Scot-free?
Techrights did a public service, cautioning about real risks to the public, but the people who caused the problems walk away scot-free
Intercontinental Brigading - Part XXII - Still "Radio Silence" From "Restricted Boot" Perpetrators (After Techrights Proven Right Again)
Maybe when they sober up they'll say something...
 
The Metric is Not the Mission
"Passing Thoughts" by Andy
More Than 5 Years Have Passed Since Official Release of Vista 11 and in the US It's Measured as Only 3 Times Bigger Than GNU/Linux on the Desktop/Laptop
If mobile is culled from the statistics, then GNU/Linux is somewhere near 11%
It's About Intention, Not Attrition, at Microsoft
Microsoft does in fact aim to push many workers off the cliff
The Next 50 Years of Emacs (and GNU)
GNU's founder made the widely used editor, GNU Emacs
Links 29/10/2026: Microsoft-Connected and Funded Openwashing at FOSDEM, Tragedy in Spain
Links for the day
Gemini Links 29/10/2026: London, Worcestershire, and Robot Exclusion Protocol
Links for the day
The Register MS is Publishing Spam About "AI" for HP, Sponsored by HP, Even Composed by HP
Or "HPE" as they choose to call themselves (with the hype of "enterprise")
Links 29/10/2026: Anthropic Still Sued Over Copyright Infringement (Plagiarism Isn't "Training"), Elon Musk Openly Admits He Helps Putin Crush Ukraine
Links for the day
'Secure' Boot Is Not Secure, Here Are News Reports About the Latest Evidence
We'll be linking to this page in the future as evidence of the catastrophe
No, Microsoft Isn't Doing Well (It Has Struggled for a Long Time)
Microsoft isn't growing, the shares are a Ponzi scheme of sorts
What Makes Techrights a Community
Communities can accomplish a lot. They cannot be "bought" and "sold", they're based on trust, mutual respect, and shared ideology.
Linux Links 29/10/2026: Refractor Stargazing and Making Better Use of RAM in Linux
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 28, 2026
IRC logs for Wednesday, October 28, 2026
Project Glasswing and PHP2Shell vulnerability
by Akira Urushibata
Turning Point for the Slop Industrialists
First, a lot of people who work on "hey hi" at Microsoft (no matter the buzzword or brand, e.g. "copilot") are impacted
Links 28/10/2026: Slop Bubble Pops in China, Rocky Linux Creator Becomes Slopper, Openwashing by the Slop Pushers Explained
Links for the day
Gemini Links 28/10/2026: Slop Plagiarism Considered a "Weapon", "Completely restored HTML interface to the Orbital Fox mailing list"
Links for the day
The Corrupted Corporate Media is Spinning Massive Microsoft Layoffs as "Investment in AI" Instead of Evidence That "AI" Nonsense is Catastrophic
Microsoft asking 30% of its staff to leave is a sign of bubble
Links 28/10/2026: "Rest of World Faces Prospect of Shutting Down" and Robert Reich Says "Musk Wants Me Imprisoned"
Links for the day
Gemini Links 28/10/2026: Cold Outside Again and Maths
Links for the day
Intercontinental Brigading - Part XX - Restricted and Moot, or How 'Secure Boot' Turns Out to be a Disaster (Again) This Week
It already has a history of breaking/bricking servers
100 Years of IBM Racism
GAFAM is not about "diversity" or "equity" or whatever. It's a greedy, money-making venture, even if they appoint CEOs of colour
Racism at Microsoft
Microsoft tribalism has an element to it aside from corporate allegiance
Intercontinental Brigading - Part IX - Literature About Malignant Narcissists in America Silencing the Press
There's a price for criticising abuses
Compelling Examiners at the European Patent Office to Fake "Growth" (in Patent Monopolies) Using Slop and Sloppy Processes
The agenda of management is likely illegal and the methods likewise
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 27, 2026
IRC logs for Tuesday, October 27, 2026
The Cyber Show on Plagiarism (BS Artists) and Fear of GNU/Linux Users
Take a look at these articles
"EVENTS" as Paid Spam (Marketing) at The Register MS
Now that layoffs are "buyouts" and debt is "credit" (or "investment" in slop) why not call spam "event"?
Just Jealous
LLMs vs Developers
The Need for Operating System Kernels That Forbid LLM Slop
Not even OpenBSD is an alternative to Linux slop
Gemini Links 28/10/2026: BaseFree Numerical System, Tolino Vision 2, and More
Links for the day
Links 27/10/2026: "Why My Dad Didn’t Have a Cell Phone" and Sudan Famine Risk
Links for the day
Links 27/10/2026: Google Increases Spying on Online Everything (Personal Files, Mail), Anthropic Takes Its Losses and Debt Public
Links for the day
Intercontinental Brigading - Part XVIII - Microsoft is Not the Victim (It Was Never the Victim), It's Just DARVO
"DARVO is now in the dictionary. That’s a win for abuse survivors"
The British Economy Too Dependent on an American Slop Scheme
United States Government debt will soon eclipse 40.5 trillion dollars
We've Already Begun Work on the 20th Year of Techrights
We'll do a yearlong endeavour of improvement instead of a one-day hurrah
Intercontinental Brigading - Part XVII - The Relevance of Silent Layoffs at Microsoft
"Economic Crime and Corporate Transparency Act: strategic lawsuits against public participation (SLAPPs)"
Volunteers or Unpaid Developers Won't Bother Interacting With Mindless LLMs That Pass Labour From Lazy Companies to Human Beings
The people who run Debian are killing the will to do Free software
Slop is Killing the Open Web
The Web is a jungle and "open sites" (without restrictions or walls) are exposed to the 'feeding frenzy' of reckless plagiarists who call their "theft" something like "super intelligence" or "training"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 26, 2026
IRC logs for Monday, October 26, 2026
As Microsoft Tells Close to 30% of Its Staff to Leave IBM Takes Notes
IBM does the same with PIPs
It's Perfectly Possible That Microsoft Has Just Told Most of Its American Workers to Leave
A better news headline might focus on the US and give a figure like 50%, not "quarter"
Richard Stallman Was Right About "Hey Hi"
Now the chicken come home to roost
Gemini Links 27/10/2026: "To Change or Not To Change?" and "Initial Planner Plans"
Links for the day