EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

09.03.09

Microsoft Takes Software Patents Agenda Up a Notch

Posted in Europe, Free/Libre Software, Law, Microsoft, Patents at 8:18 am by Dr. Roy Schestowitz

Global map in red shades

Summary: Microsoft’s very own patent troll rakes in billions in extortion money while Microsoft’s patent bully calls for software patents everywhere

FOR TWO CONSECUTIVE quarters Microsoft’s earnings have fallen by a third [1, 2], so the company scrambles to find new ways of making money. The most obvious way for Microsoft to do so is not by creating new cash cows but by milking someone else’s cow. Microsoft is primarily a marketing/legal software company, so software patents have usually been viewed by it as favourable to monopolists in their professional area (there are exceptions, e.g. [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]).

The history of Microsoft’s software patent strategy is a subject that we covered last year and it includes patent trolling using entities external to Microsoft. Benjamin from the FFII describes Intellectual Ventures as “a monster troll with 27.000 patents and 362 satellite companies.” It is Microsoft's patent troll, created by Nathan Myhrvold with the support of Bill Gates. It is now extorting Microsoft's rivals and here is a little summary:

Intellectual Ventures (IV) has insisted for a long while that its accumulation of patents has nothing to do with patent litigation. In fact, the company has prided itself on not filing any lawsuits, despite the claim that its patent portfolio, comprising 27,000 patents, has brought in over $1B in licensing revenue. Recently, IV was rumored to have struck a $120M patent deal with Intuit Inc., and also struck deals with companies like Cisco and Verizon for between $200M and $400M apiece.

Here is a long report about Intellectual Ventures. It is a leech which produces nothing and taxes everything.

vancept LLC created the Intellectual Ventures Report in 2007, the first publicly available report of its kind. Prior to Avancept’s report, the public perception of the Intellectual Ventures’ portfolio was that it was simply unknown and unknowable, even though patent ownership is publicly available information. Avancept applied skills and techniques mastered through more than 30 years experience in law, business, technology, and journalism to uncover a tremendous amount of information about Intellectual Ventures. We are now pleased to offer a 655-page report detailing our findings.

For quite some time now, Microsoft has been lobbying for the Community patent, which virtually makes a Europe-wide patent system. Microsoft’s lobbying blog is now calling for a global patent system. Behind this call we find Microsoft’s main patent bully, Horacio Gutierrez (whom Microsoft promoted as a symbolic gesture to its new strategic focus). CNET and ZDNet have some coverage:

A senior lawyer at Microsoft is calling for the creation of a global patent system to make it easier and faster for corporations to enforce their intellectual property rights around the world.

In a blog posting on Tuesday, Microsoft’s Deputy General Counsel Horacio Gutierrez said that a backlog of patent applications internationally was needed to tackle the 3.5 million pending patent applications around the world — including around 750,000 in the US.

Benjamin (FFII President) actually thinks that “It is a good idea, especially to get rid of their infringing products.”

He adds: “A global patent court now! Otherwise there is too much forum shopping between Texas and Dusseldorf! We need legal certainty.”

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

A Single Comment

  1. twitter said,

    September 3, 2009 at 9:07 am

    Gravatar

    There is something delusionall about M$ these days and they can no more control the rest of the world than they can control the US. The legal reality is that that they are paying a heavy price for patent violations themselves and the US court system is getting rid of software and business method patents through Biski. Yet they continue to stomp around as if bad US laws do not apply to themselves and they can magically tax and dissapear their competitors. Guitierez’s statements are depressingly stupid, sort of like the pronouncements of Iran, and should be viewed as for domestic consumption. M$ is only capable of making their partners, employees, customers and investors miserable. The rest of the world has moved on.

What Else is New


  1. Links 28/4/2015: More on Debian 8 “Jessie”, Fedora 22 Beta Walkthrough

    Links for the day



  2. Microsoft is Attacking Android Like Never Before, Qisda the Latest to Sign Patent Extortion Deal

    More blackmail and propaganda against Android, courtesy of the gentler, kinder, 'new' Microsoft



  3. Caution Needed When Microsoft Copywriters Flood the Media With Microsoft Propaganda

    Media actively subverted by Microsoft-sponsored agents of deception, whose goal is to change what people think of Microsoft and its software, even if by lying (they call it 'marketing')



  4. Gartner Staff That Worked for Microsoft and the Latest Nonsense from Gartner or 'Former' Staff

    Gartner waited until 2015 to declare FOSS fit for databases; another example spotted where Gartner staff comes from Microsoft or vice versa



  5. Links 27/4/2015: Debian 9 Named, Linux 4.1 Reaches RC

    Links for the day



  6. Microsoft is Interjecting Itself Into GNU/Linux and Free Software News, Even Events and Foundations

    Microsoft's entryism strategy is proving effective as Microsoft successfully embeds itself inside the idealogical competition, subverting the competition's overall message and diluting the competition's focus on Free software



  7. The Unethical Business of Selling Fear of Free/Libre Software Bugs (Black Duck, Sonatype, and Symantec)

    The spreading of fear of Free/Open Source software (FOSS) is now a growth industry, so proprietary opportunists are eager to capitalise on it, even if by distorting the truth



  8. Patients' Data at Risk as NHS Reinforces Its Microsoft/Accenture Stockholm Syndrome

    The worst privacy violator in the world and the firm behind LSE failures are pocketing as much as £0.35 billion of British taxpayers' money to acquire access to very sensitive data of British people



  9. Links 26/4/2015: Debian 8, OpenMandriva Lx 3 Alpha, Mageia 5 RC

    Links for the day



  10. Links 25/4/2015: Debian LTS Plans, Turing Phone Runs Linux

    Links for the day



  11. Who Kills Yahoo? It's Microsoft, Not Yahoo!

    The media should blame Microsoft, not Marissa Mayer, for what's going on (and has been going on for 7 years) at Yahoo!



  12. EPO Management is Trying Hard to Appease Its Critics While Pushing Forth Unitary Patent Agenda

    The European Patent Office and European Commission promote the agenda of large multinational corporations (at the expense or European citizens) and critics are being kept at bay



  13. Real Patent Reform Will Not Come From Biggest Backers of GNU/Linux, Not Even Google

    A look at the 'new' Google, the company which is hoarding patents (2,566 last year alone) instead of fighting for reform



  14. Microsoft's Troll Intellectual Ventures Loses Software Patents

    Intellectual Ventures is bluffing with software patents, but this time around it doesn't get its way



  15. Links 24/4/2015: Ubuntu and Variants in the News, Red Hat Developer Toolset 3.1

    Links for the day



  16. Links 23/4/2015: Ubuntu 15.04 is Out, Debian 8.0 Out Very Soon

    Links for the day



  17. Links 22/4/2015: Fedora 22 Beta, Atlassian Acquires BlueJimp

    Links for the day



  18. The Dying Debate Over Patent Scope (Including Software Patents) Replaced by 'Trolls' (But Not the Biggest Ones)

    The corporate media and Web sites or people who are funded by large corporations have essentially suppressed any debate about issues in the patent granting process, thereby guarding software patents and preventing criticism of large corporations' power grab



  19. The Patents Gold Rush Continues

    The morbid obsession with monopolising mere ideas still dominates the media, even increasingly in China



  20. 9 Millionth US Patent Tells a Story of Failure and USPTO Misconduct

    The USPTO, much like FISA (notorious court for surveillance/espionage authorisation), has become a rubber-stamping operation rather than a patents examination centre, as new evidence and old evidence serve to show



  21. HBO Helps Shift Debate Over Patents to 'Trolls' (Scale), Not Scope

    More of that awkward shifting of the patent debate towards small actors who are misusing patents, not large conglomerates like Apple and Microsoft which use patents to destroy competitors, crush startups, drive up prices, and so on



  22. Software Patents Are Still Menacing to Free Software: OIN Expands Scope, HEVC Adds to MPEG-LA Burden/Tax, Google and Facebook Give in on Patents

    A look at recent news about software patents and especially Free/libre software, which is inherently incompatible with them



  23. The Latest Developments Around Microsoft's Clever Attack on Android/Linux

    Microsoft's campaign of destruction, extortion, etc. against the most widely used Linux-powered operating system is revisited in light of new reports



  24. The Microsoft 'Community' is Maligning the Free Software Community

    Dishonest generalisations and baseless deductions portray the Free/Open Source software communities as a nasty place that leads to poverty and despair



  25. Googlebombing 'Microsoft Open Source' Even When Microsoft Shuts Down Its 'Open Source' Proxy

    A massive failure by the press to cover the most basic news, which is Microsoft putting an end to a supposedly 'Open Source' effort



  26. Links 22/4/2015: Calculate Linux 14.16, SparkyLinux 4.0 RC KDE

    Links for the day



  27. Links 21/4/2015: Project Photon, Ubuntu Touch Buzz

    Links for the day



  28. Embrace, Extend, Extinguish: How Microsoft Plans to Get Rid of Linux/Android

    Microsoft's sheer abuse against Android is laying bare for everyone to see now that Microsoft has paralysed Google's legal department with potential antitrust action in Europe



  29. Yahoo's Current CEO (Mayer, Formerly of Google) is Trying to End Yahoo! Status as Microsoft Proxy

    There are signs of relinquishing Microsoft's control over Yahoo! after Marissa Mayer worked to end the company's suicidal/abusive relationship with Steve Ballmer's Microsoft



  30. Repeating Microsoft's Lies Without Any Journalistic Assessment

    Poor fact-checking by relatively large media/news sites results in Microsoft's patently false claims being repeated uncritically


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts