Bonum Certa Men Certa

Intellectual Ventures, GNU/Linux/Android/FOSS Patents, and the Ascent of European Patent Trolls

Summary: The existing status of GNU/Linux in a world full of patent trolls, which not only target OEMs from Asia -- typically in the US -- but are also dragging them into Europe, aided by the EPO's 'patent bubble'

THE FREE/LIBRE software world is thriving. It's spreading everywhere. But that does not mean that users of such software are protected from frivolous lawsuits, especially in countries where software patents exist. Developers too are occasionally being threatened or sued; we have given examples where projects got shut down due to these actions.



Readers might rightly wonder why we haven't said a single thing about Red Hat's latest press release; we instead included about a dozen stories in our daily links under the Red Hat section (not much new there, just reiteration of a promise from a decade and a half ago). We are more concerned about real, existing, potent threats to software.

According to today's blog post from IAM, Microsoft's patent troll Nathan Myhrvold now dominates the world's largest troll, Intellectual Ventures. IAM is a fan of his and this is what it wrote:

Intellectual Ventures founder Greg Gorder has left the firm, becoming the latest of the quartet of its founders to step away from the business, following Peter Detkin and Ed Jung. According to his bio, which remains on the IV website, Gorder left earlier this month and will now “focus on his family’s philanthropic activities”.

Detkin stood down as vice chairman in January 2015, although he has continued to devote part of his time to IV-related work. Earlier this year he became a senior adviser to Sherpa Technology Group, the consulting business that was established by former VP of IP at IBM and IP Hall of Fame member Kevin Rivette. Jung also took on a new role at the start of the year, becoming CEO of Xinova, the innovation business that was spun out of IV in 2016.


"Intellectual property is the next software," Myhrvold once said. It means that to him it's all about patents. This Microsoft-connected patent troll is already suing quite a few companies that distribute BSD and/or GNU/Linux. It's not a matter of "if" or "when". The battle began years ago, but Intellectual Ventures operates through various shells. One of those is Dominion Harbor, which is publicly defaming me and smearing the EFF. To them, there's much money at stake.

"HTC took some of these patents for defensive purposes after Apple and Microsoft had sued or blackmailed."As is widely known by now (it's in our daily links also), Google is taking over a large portion of HTC and IAM notes that "HTC does have around 2,000 US patents including third-party assets from the likes of HP, NEC and Nokia. It is now clear that those patents will stay in the Taiwanese company's possession."

HTC took some of these patents for defensive purposes after Apple and Microsoft had sued or blackmailed. HTC was Apple's first Android target (before Apple moved on to Samsung, the largest Android OEM at the time).

Samsung's home base, South Korea, still seems to have very low tolerance for patent parasites/trolls (and the likes of them). IAM says that the new antitrust boss (KFTC) will be tough on those who seek to restrict competition using patents:

Over the past few years, South Korea’s antitrust regulator has been one of the toughest on issues of intellectual property. Now, the leader of the Korea Fair Trade Commission (KFTC) says the body is about to start an inquest focused on how patents affect competition in the Internet of Things (IoT) or 5G space.

KFTC chairman Kim Sang-jo mentioned the role of patents in IoT during an appearance Monday at which he outlined five priorities for competition policy. 5G communications, digital broadcasting and connected devices were named as fields in which the KFTC plans to study the market for “monopolistic and oligopolistic situations”. Apparently the watchdog will establish a “monitoring network for prevention of patent rights abuse”; it is not clear what that means, but if it leads to investigations of specific patent owners, it will make waves given the commission’s history of dealing out major fines.


Germany, on the other hand, goes the other way, with the EPO being a prominent symptom of it. German companies, in a country where trolling has become a fast-growing epidemic, are stockpiling patents and Florian Müller expects those companies to become trolls before these patents expire. To quote what he wrote the other day:

Meet the patent trolls of the 2030s: Bosch, Volkswagen, Daimler, BMW



our days before the 67th International Motor Show (IAA) in Frankfurt will end, I'd like to offer a bold prediction: unless a miracle of the kind I can't imagine happens, Germany's automotive industry (car manufacturers as well as suppliers) will suffer a fate similar to that of the smartphone divisions of the likes of Nokia and Ericsson, ultimately resulting in "trollification" by the 2030s.

As Frankfurter Allgemeine Zeitung noted last month, 52% of all patent filings related to self-driving cars belong to German companies, with Bosch alone (which is number one and followed by Audi and Continental)holding three times as many patents in that field as Google and Apple or Tesla not having any significant patent holdings in that field yet. Besides Bosch, Audi, and Continental, three other German companies are among the top 10 patent holders in this field: BMW, Volkswagen, and Daimler.

Patent filings related to self-driving cars are picking up speed, so the landscape will almost certainly change in some ways in the coming years, but not entirely.


Müller can see these writings on the wall. We could not agree more; the situation at the EPO is untenable and patent grants in Germany are disproportionately high (almost an order of magnitude more than the UK's). We certainly hope that EPO workers are paying attention to these trends; every patent grant can cause to an innocent engineer an equal (or greater) amount of agony than that inflicted by Battistelli. We'll say more about patent trolls in our next post.

Recent Techrights' Posts

Over at Tux Machines...
GNU/Linux news for the past day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
 
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day