Bonum Certa Men Certa

Guest Post on Patent Collusion

Patent bubbles

Balloons



Summary: Reader with advanced qualifications in the said field remarks on a cartel-like structure of cross-licensing deals among mega corporations

An interesting set of facts is coming out of the Microsoft versus Motorola trial. Details here. Particularly interesting is the analysis further down on the page:



I have always considered these cross licensing deals to be something of a circular investment program.

All of these companies have vast patent portfolios, some are worth more than others, but this is a situation where A pays B who pays C who pays D who pays A and variations.

In investment funds that kind of dealing/trading is specifically banned because it is (and has been) used to artificially inflate the value of the fund portfolio. It looks great till someone tries to liquidate their investment, get the money, at which point the downward spiral starts and accelerates very rapidly and another bubble bursts/market crashes.

So that's one thing, at the other end, we all know just how rubbish most of these patents are and what value we would place on them, zero in most cases; but how much money do these companies book to these cross licensing deals for these worthless patents and then just how much corporate tax is lost due to these companies moving money away from the profit line with this trick.

So you lose because your government doesn't get it's due, and you lose again because these guys are basically running a cartel that artificially inflates their costs so you are charged more for your goods.

Starbucks recently got caught in the UK avoiding billions in tax, by 'licensing' it's own logo from itself for pretty much all of it's profit.

Indeed avoidance is not wrong, as they said, they followed the rules, but it is just as stinky as politicians writing their own expenses claim rules and then claiming that they were only following the rules as they repeatedly dipped their hands into the till.

Is it possible that Googles "do no evil" policy prevents them from joining in the game and may result in the cat getting out of the bag?


I didn't write that analysis, but looking at it, I am sure the author is fundamentally correct. It would explain many anomalies in the IT sector.

For example, something was obviously wrong when the Dick Smith electronics chain,including inventory and real estate was sold for only A$ 20 million, i.e. valued the same as a large house in Sydney.

That tells me that Apple, Microsoft, Sony, Panasonic, and to a lesser extent Intel and AMD products were simply not selling. So for them to keep booking ever increasing amounts of 'income' and 'earnings' they had to be doing something shonky - I'm pretty sure this is it.

Another thing that leads me to that conclusion is that during the 'tech boom' the Australian tax office changed the accounting rules with respect to IP to 'bring them into line with international standards'. Before they changed the rules, IP expenses (outgoings, i.e. real cash expenses) were considered costs (liabilities) on a company's balance sheet and tax forms. After the changes, those expenses were to be shown as 'assets', which is clearly the opposite of business realities!

"That tells me that Apple, Microsoft, Sony, Panasonic, and to a lesser extent Intel and AMD products were simply not selling."One effect of this was that small to medium enterprises immediately cut back or eliminated licensing and patent applications - or even patent renewals (which are expensive). I suspected at the time this was to give further advantage to large foreign multinationals. Now I realize it gives a certain set of them an (ultimately infinite) advantage for accounting purposes (selling of stock and borrowing).

Think about it, the 'money' (book keeping entries) they have coming in from IP licensing is shown as earnings, but the 'money' they have going out in IP royalties is shown as an increase in assets! The book value of every company involved in this round-robin scheme increases toward infinity even in the complete absence of any actual sales! Nice work, if you can get it!

I think this scheme needs to get as much news coverage as possible, don't you?

Recent Techrights' Posts

Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails
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
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
 
[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
The Real Threats to Society Include Software Patents and the Corporations That Promote Them
The OIN issue isn't a new one and many recognise this by now
Links 30/04/2024: OpenBSD and Enterprise Cloaking Device
Links for the day
Microsoft Still Owes Over 100 Billion Dollars and It Cannot be Paid Back Using 'Goodwill'
Meanwhile, Microsoft's cash at hand (in the bank) nearly halved in the past year.
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
[Teaser] Ubuntu Cover-up After Death
Attack the messenger
The Cyber Show Explains What CCTV is About
CCTV does not typically resolve crime
[Video] Ignore Buzzwords and Pay Attention to Attacks on Software Developers
AI in the Machine Learning sense is nothing new
Outline of Themes to Cover in the Coming Weeks
We're accelerating coverage and increasing focus on suppressed topics
[Video] Not Everyone Claiming to Protect the Vulnerable is Being Honest
"Diversity" bursaries aren't always what they seem to be
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market
[Video] Canonical Isn't (No Longer) Serious About Making GNU/Linux Succeed in Desktops/Laptops
Some of the notorious (or "controversial") policies of Canonical have been covered here for years
[Video] What We've Learned About Debian From Emeritus Debian Developer Daniel Pocock
pressure had been put on us (by Debian people and their employer/s) and as a result we did not republish Debian material for a number of years
Bruce Perens & Debian public domain trademark promise
Reprinted with permission from disguised.work
Links 28/04/2024: Shareholders Worry "AI" Hype Brings No Income, Money Down the Drain
Links for the day
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024