HOW IBM INVENTED TROLLISM

Found in BUSINESSWEEK 17 MAR 1997: BIG BLUE IS OUT TO COLLAR SOFTWARE SCOFFLAWS by Ira Sager, Business Week, 17 March 1997, page 34 Big blue holds more software patents than any other company in the world. That's great for bragging rights, but it does little for the bottom line. Now, however, IBM sees money in that trove of intellectual property - and its efforts to collect are making software companies hoping mad. Note: might as well call this date the formal birth at IBM of trollism Lawyers for Big Blue are searching for software companies that it says should be paying royalties but aren't. Over the past several months, IBM has been quietly pursuing patent claims against such well-known software companies as Oracle, Computer Associates, Adobe Systems, Autodesk, Intuit and Informix. IBM is also pressing a software claim against computer maker Sequent Computer Systems. Note: a lesson well learned by many trolls to follow in the years to come. All thanks to IBM. So far, no lawsuits have been filed, but software companies aren't waiting. Several of them are launching a pre-emptive strike, hiring Silicon Valley's star litigator, Gary Reback, a partner at Wilson, Sonsini, Goodrich, Rosati. Two years ago, Reback took on Bill Gates. Representing a handful of Silicon Valley companies, he unsuccessfully tried to get the Justice Department to broaden an antitrust investigation of Microsoft. Now, Reback is hurling charges against IBM similar to those he leveled at Microsoft. "IBM shows up the same way someone might might demand protection money.", he says. Officials at the companies confirm that IBM has contacted them, but most refuse to talk publicly. Note: Peter D. - instead of "troll", you should have suggested "goodfellas" Collecting the patent royalties could add millions to IBM's net profits. In 1995 - the last year IBM released figures - the company took in $500 million from royalties on all patents Note: yet it cannot afford to pay for prior art searches for its patent applications software and hardware alike. Insiders say that senior managers Note: this include Kappos? believe that IBM could collect $1 billion a year from its patents. The software makers that have been contacted by IBM aren't yet willing to help Big Blue reach that goal. They maintain that lot of software patents - IBM's included - are too broad and never should have been issued. IBM's pursuit of royalties, they argue, is an abuse of a patent system that is too lax and does not require an applicant to really prove that the software application is unique. Note: of course, while complaining, these companies did nothing to help organize prior art resources and tools to donate to the PTO. IBM contends it's just trying to protect its intellectual property and get a fair return on the $5 billion yearly tab it runs up on research and development. "What Gary Reback is asking us to do is provide an R&D subsidy to our competitors, and we won't do that.", says Marshall Phelps, IBM's attorney in charge of intellectual property and licensing. Note: Phelps moved over to Microsoft, which is now flooding the PTO with its crappy patent applications, while his groomed successor is Kappos. Some companies are afraid that paying now will set a precedent, making it harder to say no later. "If we sign up with IBM today, then what happens in three or five years, when the patent agreement expires?", asks Oracle patent attorney Allen Wagner. With all the skirmishing that lies ahead, this dispute is still in Version 1.0.

The rest of the story on the Microsoft espionage lawsuit

We are frequently (almost always justifiably) outraged about IBM's antics in the patent procurement and/quality debate. While they don't make your rants nearly as often, I place Microsoft in almost the same company as IBM. An interesting case was reported last week based on a lawsuit filed by Microsoft against an ex-employee (who they fired) who had filed a patent infringement suit against a number of Microsoft customers, alleging he had violated his duty to Microsoft by downloading confidential Microsoft documents while a Microsoft employee that he then used in his lawsuits against their customers. Well, as Paul Harvey used to say, here's "the rest of the story". As is almost always the case, when IBM or Microsoft say anything about patents or patent-related litigation, one should receive it with a somewhat jaundiced eye. A useful note: a candidate to be the next PTO Director, Dave Kappos, is a head patent lawyer at IBM. From the Seattle PI, Feb.2, 2009 here is Miki Mullor's reply to the Microsoft lawsuit against him. His statement does not substantively address Microsoft's allegation that he stole Microsoft's confidential and proprietary information for use against the computer manufacturers:

I am the inventor of U.S. Patent No. 6,411,941 relating to software anti-piracy technology, and Ancora is my company. I applied for my patent in 1998. In 2002, the patent issued from the United States Patent and Trademark Office. In 2003, I approached Microsoft and had several talks with a Microsoft lawyer and employees of Microsoft's AntiPiracy group about my invention and the benefits Microsoft could realize by using it. Microsoft declined and said they had no interest in my invention. We ceased business operations at Ancora in 2005, and Microsoft was the first company to extend me an employment offer. I accepted. When I joined Microsoft, I notified them in writing of Ancora and my patent in both my resume and in my employment agreement. In its complaint against me, Microsoft withheld the portions of these key documents that show this. At the same time I was employed at Microsoft, but unknown to me, Microsoft was developing what is now known as "OEM Activation." OEM Activation is installed on computers made by HP, Dell, Toshiba and others ... to prevent piracy of Microsoft's Windows Vista software installed on those computers. This work was being done in a different department at Microsoft. OEM Activation is a blatant copy of my invention. In June 2008, my company Ancora filed a patent infringement lawsuit against HP, Dell and Toshiba in the federal court in Los Angeles. Microsoft fired me for trying to protect my own invention --- an invention I told them about before they ever hired me. Recently, Microsoft filed a retaliation suit against me personally in Seattle. Microsoft accuses me of lying, deceit, fraud and misappropriation. These are shameful, dishonest attacks on my character by Microsoft - the company that stole my idea in the first place. Their attacks are untrue, and they hurt me and my family. Microsoft basically admits stealing my idea in the complaint they filed because they are asking for a license to my patent. Microsoft would only need a license to my patent if they were infringing it in the first place. My patent case in Los Angeles has been going on for several months now with substantial progress. Clearly, Microsoft and the PC OEMs realized that they have no defense on the merits of the patent case.

Recommended reading (Part 4) in all fields of interest

This is part 4 of 4 out of the recommended reading list. ANIMALS: 1,419 COPYRIGHT-FREE ILLUSTRATIONS OF MAMMALS, BIRDS, FISH, INSECTS, ETC., edited by Jim Harter. Clear wood engravings present, in extremely lifelike poses, over 1,000 species of animals. One of the most extensive pictorial sourcebooks of its kind. Captions. Index. 284pp. OBELISTS FLY HIGH, C. Daly King. Masterpiece of American detective fiction, long out of print, involves murder on a 1935 transcontinental flight-"a very thrilling story"-NY Times. Unabridged and unaltered republication of the edition published by William Collins Sons & Co. Ltd., London, 1935. 288pp. VICTORIAN AND EDWARDIAN FASHION: A Photographic Survey, Alison Gernsheim. First fashion history completely illustrated by contemporary photographs. Full text plus 235 photos, 1840-1914, in which many celebrities appear. 240pp. THE ART OF THE FRENCH ILLUSTRATED BOOK, 1700-1914, Gordon N. Ray. Over 630 superb book illustrations by Fragonard, Delacroix, Daumier, Dore, Grandville, Manet, Mucha, Steinlen, Toulouse-Lautrec and many others. Preface. Introduction. 633 halftones. Indices of artists, authors & titles, binders and provenances. Appendices. Bibliography. 608pp. THE WONDERFUL WIZARD OF OZ, L. Frank Baum. Facsimile in full color of America's finest children's classic. 143 illustrations by W. W. Denslow. 267pp. FRONTIERS OF MODERN PHYSICS: New Perspectives on Cosmology, Relativity, Black Holes and Extraterrestrial Intelligence, Tony Rothman, et al. For the intelligent layman. Subjects include: cosmological models of the universe; black holes; the neutrino; the search for extraterrestrial intelligence. Introduction. 46 black-and-white illustrations. 192pp. THE FRIENDLY STARS, Martha Evans Martin & Donald Howard Menzel. Classic text marshalls the stars together in an engaging, non-technical survey, presenting them as sources of beauty in night sky. 23 illustrations. Foreword. 2 star charts. Index. 147pp. FADS AND FALLACIES IN THE NAME OF SCIENCE, Martin Gardner. Fair, witty appraisal of cranks, quacks, and quackerie:, of science and pseudoscience: hollow earth, Velikovsky, orgone energy, Dianetics, flying saucers, Bridey Murphy, food and medical fads, etc. Revised, expanded In the Name of Science. "A very able and even-tempered presentation."-The New Yorker. 363pp. ANCIENT EGYPT: ITS CULTURE AND HISTORY, J. E Manchip White. From pre-dynastics through Ptolemies: society, history, political structure, religion, daily life, literature, cultural heritage. 48 plates. 217pp. SIR HARRY HOTSPUR OF HUMBLETHWAITE, Anthony Trollope. Incisive, unconventional psychological study of a conflict between a wealthy baronet, his idealistic daughter, and their scapegrace cousin. The 1870 novel in its first inexpensive edition in years. 250pp. LASERS AND HOLOGRAPHY, Winston E. Kock. Sound introduction m burgeoning field, expanded (1981) for second edition. Wave patterns, coherence, lasers, diffraction, zone plates, properties of holograms, recent advances. 84 illustrations. 160pp. INTRODUCTION TO ARTIFICIAL INTELLIGENCE: SECOND, ENLARGED EDITION, Philip C. Jackson, Jr. Comprehensive survey of artificial intelligence-the study of how machines (computers) can be made to act intelligently. Includes introductory and advanced material. Extensive notes updating the main text. 132 black-and-white illustrations. 512pp. HISTORY OF INDIAN AND INDONESIAN ART, Ananda K. Coomaraswamy. Over 400 illustrations illuminate classic study of Indian art from earliest Harappa finds to early 20th century. Provides philosophical, religious and social insights. 304pp. THE GOLEM, Gustav Meyrink. Most famous supernatural novel in modern European literature, set in Ghetto of Old Prague around 1890. Compelling story of mystical experiences, strange transformations, profound terror. 13 black-and-white illustrations. 224pp. ARMADALE, Wilkie Collins. Third great mystery novel by the author of The Woman in White and The Moonstone. Original magazine version with 40 illustrations. 597pp. PICTORIAL ENCYCLOPEDIA OF HISTORIC ARCHITECTURAL PLANS, DETAILS AND ELEMENTS: With 1,880 Line Drawings of Arches, Domes, Doorways, Facades, Gables, Windows, etc., John Theodore Haneman. Sourcebook of inspiration for architects, designers, others. Bibliography. Captions. 141pp. BENCHLEY LOST AND FOUND, Robert Benchley. Finest humor from early 30's, about pet peeves, child psychologists, post office and others. Mostly unavailable elsewhere. 73 illustrations by Peter Arno and others. 183pp. ERTE GRAPHICS, Erte. Collection of striking color graphics: Seasons, Alphabet, Numerals, Aces and Precious Stones. 50 plates, including 4 on covers. 48pp. THE JOURNAL OF HENRY D. THOREAU, edited by Bradford Torrey, F. H. Allen. Complete reprinting of 14 volumes, 1837-61, over two million words; the sourcebooks for Walden, etc. Definitive. All original sketches, plus 75 photographs. 1,804pp. CASTLES: THEIR CONSTRUCTION AND HISTORY, Sidney Toy. Traces castle development from ancient roots. Nearly 200 photographs and drawings illustrate moats, keeps, baileys, many other features. Caernarvon, Dover Castles, Hadrian's Wall, Tower of London, dozens more. 256pp. AMERICAN CLIPPER SHIPS: 1833-1858, Octavius T. Howe & Frederick C. Matthews. Fully-illustrated, encyclopedic review of 352 clipper ships from the period of America's greatest maritime supremacy. Introduction. 109 halftones. 5 black-and-white line illustrations. Index. Total of 928pp. TOWARDS A NEW ARCHITECTURE, Le Corbusier. Pioneering manifesto by great architect, near legendary founder of "International School." Technical and aesthetic theories, views on industry, economics, relation of form to function, "mass-production spirit," much more. Profusely illustrated. Unabridged translation of 13th French edition. Introduction by Frederick Etchells. 320pp. THE BOOK OF KELLS, edited by Blanche Cirker. Inexpensive collection of 32 full-color, full-page plates from the greatest illuminated manuscript of the Middle Ages, painstakingly reproduced from rare facsimile edition. Publisher's Note. Captions. 32pp. BEST SCIENCE FICTION STORIES OF H. G. WELLS, H. G. Wells. Full novel The Invisible Man, plus 17 short stories: "The Crystal Egg," "Aepyornis Island," "The Strange Orchid," etc. 303pp. AMERICAN SAILING SHIPS: Their Plans and History, Charles G. Davis. Photos, construction details of schooners, frigates, clippers, other sailcraft of 18th to early 20th centuries-plus entertaining discourse on design, rigging, nautical lore, much more. 137 black-and-white illustrations. 240pp. ENTERTAINING MATHEMATICAL PUZZLES, Martin Gardner. Selection of author's favorite conundrums involving arithmetic, money, speed, etc., with lively commentary. Complete solutions. 112pp. THE WILL TO BELIEVE, HUMAN IMMORTALITY, William James. Two books bound together. Effect of irrational on logical, and arguments for human immortality. 402pp. THE HAUNTED MONASTERY and THE CHINESE MAZE MURDERS, Robert Van Gulik. 2 full novels by Van Gulik continue adventures of judge Dee and his companions. An evil Taoist monastery, seemingly supernatural events; overgrown topiary maze that hides strange crimes. Set in 7th-century China. 27 illustrations. 328pp. CELEBRATED CASES OF JUDGE DEE (DEE GOONG AN), translated by Robert Van Gulik. Authentic 18th-century Chinese detective novel; Dee and associates solve three interlocked cases. Led to Van Gulik's own stories with same characters. Extensive introduction. 9 illustrations. 237pp. Can you recommend a book?