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Patents Cloud IBM

IBM Locking Up Lots of Cloud Computing Patents 70

dkatana writes: In an article for InformationWeek Charles Babcock notes that IBM has been hoarding patents on every aspect of cloud computing. They've secured about 1,200 in the past 18 months, including ~400 so far this year. "For those who conceive of the cloud as an environment based on public standards with many shared elements, the grant of these patents isn't entirely reassuring." Babcock says, and he adds: "Whatever the intent, these patents illustrate how the cloud, even though it's conceived of as a shared environment following public standards, may be subject to some of the same intellectual property disputes and patent trolling as earlier, more directly proprietary environments."
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IBM Locking Up Lots of Cloud Computing Patents

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  • by cb88 ( 1410145 ) on Tuesday August 04, 2015 @06:26PM (#50252701)
    Become SCO!
    • by AchilleTalon ( 540925 ) on Tuesday August 04, 2015 @06:29PM (#50252723) Homepage
      Not exactly. Given the threat the patent trolls represents, it is of good advice for a company to patent as much as possible its own contributions and inventions in order to not have to throw the shareholders' money at lawsuits initiated by the patent trolls companies. If you were the IBM CEO you wouldn't do otherwise. It may appear outrageous, but the first responsability of the CEO is to protect the money of the shareholders and make it profitable. Clearly, getting the patents will protect the shareholders' money.
      • by cb88 ( 1410145 )
        Perhaps, but that doesn't fit in with selling every other aspect of thier business. They don't even make machines anymore.... :/

        The PC isn't dead... but the PC vendors brain is.
        • by bws111 ( 1216812 )

          Except for P series (POWER), Z series (mainframe), disk storage, tape drives, and tape libraries.

      • by fyngyrz ( 762201 ) on Tuesday August 04, 2015 @06:37PM (#50252763) Homepage Journal

        the first responsability of the CEO is to protect the money of the shareholders and make it profitable

        Exactly right. Add just a smidgen of shortsightedness and some pressure from the board, and you have the perfect storm of next-quarter-itis.

        After a few quarters like that, the CEO takes off for the next company, as the company tries to put out the fires they left behind them -- fired experts, cheapened and crippled products, new hires that don't know much about the domain, insufficiently-tested but out-the-door-anyway products...

        Yeah, responsibility to the shareholders. Which means: Short term thinking and cannibalistic profiteering. That's the US corporate mantra, right there.

        • I'm confused...are you talking about IBM or the "new" HP Enterprise? lol
        • It probably helps in IBM's case, the current CEO started working for the company in 1981 as an engineer. Since she was recruited from inside the company, and has had a long career with them, she is less likely to pull the crap you're mentioning.

      • by Anonymous Coward

        Bad advice for the modern age. Today's patent trolls don't actually produce anything, so they don't care what else you've patented as it can't affect them. Patent war chests are now worthless.

      • by LessThanObvious ( 3671949 ) on Tuesday August 04, 2015 @07:02PM (#50252891)

        This is why none of this should be patent eligible. It's harmful to allow software to be patented especially when the patent is overly broad and general in it's language. It's harmful to allow any configuration of systems and software to be patented. The USPTO is completely incapable of telling the difference between what's patent worthy and what's bullshit in these areas.

        • The USPTO is basically a rubber-stamping desk. They approve just about anything, and depend on the courts to later invalidate the ones that shouldn't have been allowed.

        • This is why none of this should be patent eligible.

          Well, I wouldn't say that's the only reason.

          The libertarian in me say that when it comes to someone else's ability to restrict what I do, shy of causing them physical harm, the only valid response is, fuck off.

      • IBM makes plenty of money off their patent business. Something like $1billion a year [bloomberg.com].
        You can be sure IBM will be looking to monetize these patents.
    • Re: (Score:3, Informative)

      by ClaraBow ( 212734 )
      IBM has a good business model and actual good products and services -- totally the opposite of SCO!
      • Re: (Score:2, Insightful)

        by Anonymous Coward
        IBM HAD good products. most of their current products are poor shadows of their former glory days. They cobble together mismatched open source, propriety tech and slap a new name and interface on it and sell it for inflated costs while requiring teams of consultants to even get basic functionality out of it. Once upon a time when in doubt you went IBM, nowadays if you go IBM you better have a fucking good reason!
    • by plopez ( 54068 )

      Correct. The concern I have is who will buy them out when they collapse and what the buyer does with the patent portfolio. IBM is shaky and getting worse by the day. Here is one analysis of their problems:
      http://www.forbes.com/sites/st... [forbes.com]

      • by cb88 ( 1410145 )
        Oracle.... then there will be one "Big Iron" ring to rule them all.... forged of the remains of dashed remains of the 7 minor rings of power SGI, IBM, Sun, Hp, Compaq, DEC, and Prime.
        • by plopez ( 54068 )

          I would throw Google and Facebook into the mix as they are awash in cash.

          • by cb88 ( 1410145 )
            Eh... they don't really sell hardware though. Google sorta rents hardware like amazon though...

            That said I was shooting for just mid 80's early 90's big iron :) ... I suppose compaq never really was big iron though. I probably should have said Data General or the like instead of them..
  • This cloud (Score:4, Interesting)

    by SirAudioMan ( 2836381 ) on Tuesday August 04, 2015 @06:28PM (#50252711)

    ...will eventually crash and burn. Sure it's convenient, powerful and cheap, but inherent with major security risks. If I were a company, there is no way in hell I would ever deliberately host or put anything on the cloud. I don't care how 'secure' things are, there are way to many attack vectors and unknown vulnerabilities. It's only going to get worse before people start to see if for what it truly is - dangerous!

    • by fyngyrz ( 762201 )

      What about when you need a huge bunch of CPUs to compute something? That's an aspect of "the cloud" that actually seems reasonable. As long as you don't put anything you want kept secure out there, of course.

      • Re: (Score:2, Insightful)

        by Anonymous Coward

        What about when you need a huge bunch of CPUs to compute something?

        Actually that's the grid. The buzzword that preceded the cloud.

        The cloud is just a way for companies with too much money and not enough brains to spin up large numbers of servers they don't need to then sit idle hosting websites nobody visits. This is my bread and butter, selling websites and virtual servers (in the cloud) to people who don't need them. It's obvious from looking at my customers near-empty weblogs that they're pissing their money away, but the web designers and site administrators like mysel

    • Not true! I can't think of a safer place to keep my 15gb of [*cough*] cat pictures and movies...

    • After all these years I have no idea what "the cloud" even actually is supposed to mean. Appears to be nothing more than an empty marketing term to cow people into becoming accepting of entering into arrangements where they will be exploited as string puppets.

      --
      "Finally, we will access, disclose and preserve personal data, including your content (such as the content of your emails, other private communications or files in private folders), when we have a good faith belief that doing so is necessary."

      • It's just the abstraction of a remote server. The cloud isn't a technological innovation, though it depends a lot upon things like virtual machines to implement. It's a business model in which the customer pays for access to a computing resource, but is in no way involved in or even aware of how this resource is provided. This allows the cloud provider to benefit from economy of scale - they don't need to keep enough hardware to handle every customer at peak demand, because customers aren't all going to pea

    • "Sure it's convenient, powerful and cheap"

      This is all that's needed.

      "but inherent with major security risks"

      On one hand, "major security risks" haven't stopped any business, from driving cars to operating nuclear energy facilities or sending people to the moon; on the other hand, no, there is no inherent security risks about cloud computing; if you think otherwise, it must be because you ignore the meaning of either "inherent" or "cloud computing".

    • by bledri ( 1283728 )

      ...will eventually crash and burn. Sure it's convenient, powerful and cheap, but inherent with major security risks. If I were a company, there is no way in hell I would ever deliberately host or put anything on the cloud. I don't care how 'secure' things are, there are way to many attack vectors and unknown vulnerabilities. It's only going to get worse before people start to see if for what it truly is - dangerous!

      The dangerous thing is having your information on computers you don't control. Every service that bills your credit card is a risk. Your Bank, VISA, MasterCard, Netflix, Amazon, and every single account and online purchase you've ever made. There is virtually no difference whether those services are deployed on dedicated hardware or not.

      Barring a complete collapse of our civilization, there is no escaping having your data on other people's computers. The "cloud" makes very little difference how "risky" t

  • by turkeydance ( 1266624 ) on Tuesday August 04, 2015 @06:31PM (#50252727)
    and it's not yours.
    • Why is this mod Insightful when it is just off-topic? I mean, the OP/OA is about patents, not about how you think the cloud is a marvelous thing.
  • They offer, or at least offered, pretty decent incentives to file patents. Of course, the only guy I knew in the company who ever actually wrote one was the most useless software developer I'd ever met, and his patent was for some basically trivial file parsing we'd implemented with methods known since the 70's. So the quality might not always be there, but you can bet they'll make it up in volume!
    • I've come up with a couple of algorithms that could be patented were I in the US - and usually discovered later on that someone else had already thought it up, but due to a difference in terminology used I had not been aware of them at the time.

  • by Anonymous Coward

    Now you know why it's not a "reform" (replacing the traditional First to Invent), but rather a Xmas wish list item pushed by the likes of IBM, Microsoft and Qualcomm.

    When I was at IBM, I remember that patents were front in center for employee reviews. They kept emphasizing, that's a big part of your job, along with customer escalations and L3 support.

  • by darkain ( 749283 ) on Tuesday August 04, 2015 @06:44PM (#50252813) Homepage

    since when the hell is "the cloud" based around "public standards"!?!?!? Each and every major vendor's offerings are pretty much unique and proprietary. vSphere isnt EC2 isnt SmartOS isnt KVM isnt HyperV isnt OpenCompute. Some of these are more open than others while some are entirely closed systems.

    • Obviously (to us geeks, only) it was never about open standards, but Amazon and Microsoft in particular have put a lot of money into P.R. campaigns to imply to the public a number of things about the fundamentals of their "cloud" strategies that are the opposite of true. Its their M.O., really.

    • by Tablizer ( 95088 )

      Use LAMP as your "cloud" platform and tell IBM to shove their patent where their the lamps don't shine.

      • by bws111 ( 1216812 )

        If you think LAMP has anything remotely to do with cloud you really should not be commenting.

        • by Tablizer ( 95088 )

          Cloud has no real definition. I consider a "cloud" application to be an application that is relatively easy to pick up and move to a different hosting vendor.

          The "vendor" definition of "cloud" is YOU paying a subscription for proprietary or difficult-to-migrate resources instead of buying a box.

          • I think you're missing a key point. "Cloud" tends to imply massive scalability on demand. For instance, if you need to to perform a finite set of large-scale computations, it would make sense to rent some temporary space for those. That's "cloud computing". Buying your own hardware would be an insane waste of money. A practical example: an company producing an MMO might purchase server space to run client simulation bots to load-test their servers prior to releasing the game.

            As another example, large c

            • by Tablizer ( 95088 )

              Very few need "massive scaling on demand". They need reasonable scaling with easy hosting vendor swappability. If the cloud can't deliver that, it's a niche thing for blue moon projects.

    • That's what I was thinking. I don't claim to be an expert on every cloud technology out there, but everything I've seen about the cloud has been heavily proprietary.

  • by Anonymous Coward

    This will test how IBM's intentions are aligned with well being of the cloud industry.

    First reaction may be to label them as patent trolls and assume they will attempt to lock down the market preventing anyone else using the concepts of cloud computing and suing other projects out of existence. Alternatively, however, IBM may be acquiring these patents to protect developers against other companies taking opportunity at becoming trolls by taking advantage of this green field. Imagine if Oracle or similar got

    • First reaction may be to label them as patent trolls... and will not actively use them for unfair profit gain.

      First, second, third and fourth reaction, actually. IBM is a well known patent troll that has taken unfair advantage of the patent system since the dawn of geek time. Just search for Nazgul.

  • How many of these boil down to "a system and methodology for doing something we already do all the time but in the cloud"?

    So many computer patents these day are pretty much garbage.

    I hope these actually have some merit instead of just having "in the cloud" tacked onto existing stuff. So many patents which get issues represent nothing new or novel, just "but on a cell phone" (which is a special case of computer), or "but with a network".

    Part of me suspects a good chunk is neither new nor novel.

    • by bws111 ( 1216812 )

      The problem is that Congress recently snuck in language to make it easier to get patents on things that are merely improvements on existing things. Being able to do something 'on a computer' or 'in the cloud' may in fact be such an improvement. And of course it is HOW you go about doing it in the cloud that is patented, not the IDEA of using the cloud.

      In case you are wondering, this recent change happened in 1793.

  • so they have a valid point.
  • by Archfeld ( 6757 ) <treboreel@live.com> on Tuesday August 04, 2015 @11:14PM (#50253843) Journal

    Do these patents actually cover 'cloud computing' or do they refer to the abortion that has become the next great marketing term/buzzword following green ??

    Cloud computing used to refer to a developing technology that allowed a virtual work environments to be cobbled together from varied technologies and hardware platforms. Then suddenly storing data in someone else's server farm or data center was putting your stuff in "the cloud" and any true meaning was lost under the avalanche of marketing and salesmanship.

    https://en.wikipedia.org/wiki/... [wikipedia.org]

  • IBM has been for many, many years using their patent portfolio offensively to generate revenue. Their favorite targets are mid-sized companies with enough money to make it worth their while but not enough resources to fight them in a prolonged court case nor the will to risk their business on the result of that. The terms of the contract are never released, so it doesn't make the news, but they are VERY well-known for doing this, and if you search the Internet, you will find many articles from solid sourc

  • The 'cloud' hasn't been formed using public standards, they have been formed using standards that have been commercially available for many decades (as 'cloud' is nothing new, just a new hip term), and is now available on the cheap.. Also public standards doesn't mean they are patent free..

Think of it! With VLSI we can pack 100 ENIACs in 1 sq. cm.!

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