Bonum Certa Men Certa

Microsoft Has the World's Biggest Patent Troll, But What's Up with Google?

Nathan Myhrvold



Summary: Intellectual Ventures exposed for what it really is about; Google patents its homepage

EARLIER TODAY WE HIGHLIGHTED THE LATEST report about Microsoft's patent troll, Intellectual Ventures.



Blog reports about this are numerous and they may have been sort of derived from this article (published on Tuesday).

Patent-hoarding giant Intellectual Ventures has long beat the drum that it doesn't file lawsuits.

But now Intellectual Ventures has started selling some of its 27,000 patents to people who aren't afraid to sue -- and in some cases IV will get a share of the prize. It's a scary scenario for tech companies that may end up in the legal crosshairs, but industry observers say it was only a matter of time.

[...]

It's a new phase for Intellectual Ventures, which was founded in 2001 by Microsoft Corp.'s top tech guys, Nathan Myhrvold and Edward Jung. At first, the company took investments (about $5 billion) and bought up patents (now up to 27,000). In more recent years, IV has been cutting licensing deals with big tech companies that are apparently infringing on some of IV's intellectual property. Intuit Inc., the financial software firm, agreed to pay $120 million for a license in May. Detkin says that IV has brought in about $1 billion in revenue this way. And he and others at IV like to point out that they've never once used the cudgel of a patent infringement lawsuit to get a deal done.

With its new practice of selling off patents to third parties, litigation is much more likely. It's similar to the "catch and release" model used for some time by other patent-holding companies. That's a friendly sounding name for a threat that goes like this: Take a license because we're going to sell the patent on the open market -- and you never know what unscrupulous and lawsuit-prone troll is going to buy it.


This is the sort of business plan which was conceived by and came about after consultation with Bill Gates, who has his own share in this game. Bernard Swiss describes it as a situation of: "We'll feed the problem -- and profit from it... But we'll foist the actual risk on to others"

Microsoft's patent strategy must not be ignored, but the main news today is actually not about Microsoft's patent hoarding and trolling; it's about Google's latest bizarre patent.

In early 2004, Google's lawyers didn't have nearly enough to do. A patent on the design of Google's homepage (AKA its "[g]raphical user interface for a display screen of a communications terminal") that they applied for at that time was granted this week.


FFII's president opines that "There is a need for more patent trolls against Google. They have too much money, and they have too stupid patent agents." He links to this article which makes is clear that it's trouble for all in the search market.

As one person puts it, "these new guidelines of the USPTO are apparently still very generous, as the PTO has just granted what seems to be patent on Google's homepage."

Over at TechDirt, we find that "look and feel" can now be guarded too using intellectual monopolies. It's just like that Google homepage patent, where the 'novelty' of centering a search box is seen as patent worthy.

There are already concerns over the fact that software can be covered by both copyright and patents, but why not add trade dress to the mix? Via Michael Scott we learn that Fidelity is suing a competing company because its software looks like Fidelity's, and that the basic look and feel of Fidelity's software is protected by trade dress.


Where does it ever stop? The double-click is a patent, one-click shopping is a patent, and the progress bar too is a patent. As these two videos show [1, 2], Google does not oppose patents; It is even a member of OIN, which is about countering patents with more patents.

Comments

Recent Techrights' Posts

Why the Articles From Daniel Pocock (FSFE, Fedora, Debian Etc. Insider) Still Matter a Lot
Revisionism will try to suggest that "it's not true" or "not true anymore" or "it's old anyway"...
Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
 
Gemini Links 03/05/2024: Diaspora Still Alive and Fight Against Fake News
Links for the day
[Meme] Reserving Scorn for Those Who Expose the Misconduct
they like to frame truth-tellers as 'harassers'
Links 03/05/2024: Canada Euthanising Its Poor and Disabled, Call for Julian Assange's Freedom
Links for the day
Dashamir Hoxha & Debian harassment
Reprinted with permission from disguised.work
Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
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 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
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