Bonum Certa Men Certa

Today's IBM is Acting Like a Patent Troll and Arming Active Patent Trolls, Just Like Microsoft Does

Finjan is suing again

A coffee pot



Summary: IBM and entities that are connected to it (and to Microsoft) are suing the whole industry using dubious software patents; they rely on out-of-court settlements to prevent the patents from actually being tested (as tests typically invalidate these)

ARMED to the teeth with dubious software patents in large quantities (the USPTO granted these with minimal scrutiny), IBM mimics the model of Microsoft, having employed Marshall Phelps, the man who turned both companies into patent bullies and took pride in it. Forbes gave Phelps a whole blog; it also gave whole blogs to literal patent trolls.

"...IBM mimics the model of Microsoft, having employed Marshall Phelps, the man who turned both companies into patent bullies and took pride in it."IBM's patent bullying is counter-productive; there have been calls for boycott over it (even from Free/Open Source software people), whereas lawyers rejoiced because all they want is litigation. The more, the merrier.

As it turned out earlier this week, based on press releases and press coverage [1, 2, 3], Groupon basically surrendered and agreed to pay IBM loads of money without an actual trial that tests the patents at hand:

Groupon has managed to secure a money-off deal in its court battle with IBM over e-commerce patents.

The pair have agreed to settle the dispute, with the e-voucher biz set to pay $57m to IBM, knocking almost a third off the price tag granted by a court this summer.

In July, a jury ruled that Groupon had wilfully infringed four of IBM's e-commerce patents and awarded the firm some $83m – about half the $167m Big Blue had initially sought.

However, Groupon indicated at the time that it would consider seeking a reduction, or appealing the decision, and today's agreement suggests it did so with some success.

The lawsuit, filed in 2016, alleged that Groupon had infringed four of IBM's e-commerce patents, some of which date back to the 1980s for the firm's pre-internet Prodigy online communication service.


Yes, IBM uses old software patents for blackmail. Acting like Microsoft (more or less), IBM quit pretending to be a legitimate technology company. Groupon is only one among many companies that IBM is shaking down; we found out about Groupon only because there was a refusal and subsequently a lawsuit. Yesterday we saw nothing but shallow coverage about it [1, 2]; no doubt patent maximalists are going to celebrate this in days/weeks to come.

"It might be interesting to see to what degree -- if any -- Finjan relies on the patents it got from IBM."IBM wishes to be thought of as "science" and "wisdom" (Watson is pure PR/marketing), but in reality today's IBM applies for truly ridiculous patents while lobbying for software patents and engaging in blackmail rather than sales.

To make matters even worse, IBM extends its patents to notorious patent trolls like Finjan; sponsored/backed by Microsoft and armed by IBM last year, Finjan has just announced another lawsuit, this time in Delaware for a change because it's displacing Texas according to fairly recent data.

Finjan Holdings, Inc. (NASDAQ:FNJN), a cybersecurity company, today announced that -- after more than two years of good faith efforts to resolve a patent dispute with Rapid7, Inc. and Rapid7 LLC (collectively, "Rapid7") -- its subsidiary Finjan, Inc. ("Finjan") has filed a patent infringement lawsuit against Rapid7, a Delaware corporation with headquarters in Boston, Massachusetts, in the U.S. District Court for the District of Delaware ("Delaware").


So this Microsoft patent troll does the only thing it ever does; it's suing (trolling) Microsoft rivals again. It might be interesting to see to what degree -- if any -- Finjan relies on the patents it got from IBM. They're a leveraging/bargaining card at the very least.

Recent Techrights' Posts

IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
 
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails