Bonum Certa Men Certa

Software Patents Hinged on Money and Political Influence

"That weekend Gates and Noorda met in the American Airlines Admirals Club lounge at San Francisco Airport. Gates barely took time to say hello before he reiterated his interest in a corporate marriage. "There was only one stipulation," says Noorda, "Gates told me, That DRI thing has to go."' Ballmer confirms this, but says the reason was that it was clear to Microsoft that a merger with Novell would never get government approval if it included the purchase of Microsoft's only MS-DOS competitor. But when Noorda raised the possibility that Washington might block a merger anyway, Gates replied, according to Noorda: "Don't worry, we know how to handle the Federal Government.""

Source



Bill Gates was born to a wealthy family of diplomats and lawyers. The fragment above is intended to draw your attention to this fact (or remind you of it). Lobbying has become an incredibly worrisome phenomenon. In the United States alone there is multi-billion-dollar lobbying industry which does a lot of damage to the stability of the system. See this recent video of Larry Lessig who discusses such severe issues which he calls "corruption" [1, 2, 3].

In the past, the lobbying industry worked in the shadows, but newer disclosure rules revealed its extent and impact. As a contextually-related plug, consider the following set of eye-opening quotes:



There are serious dangers in allowing affluent lobbyists and their funding sources to write laws and change rules 'on behalf' of everybody else. Even Europe has woken up to realise that this infectious disease has entered Brussels -- an issue that was raised by BusinessWeek just a couple of months ago. Based on a new article, here is where software patents come into play:

MEPs on Thursday launched the thorny debate on tightening rules covering the thousands of EU lobbyists in Brussels, with an initial discussion showing deputies in favour of defining the term "lobbyist" as broadly as possible but shying away from the 600-page rulebook that defines and confines lobbyists in the US.

[...]

For his part, Mr Stubb says he is not out to demonise lobbyists, whose activities have come to light recently during the ferocious lobbying on legislation that took place during the development of the chemicals, services and software patent laws.


Some time ago, in the midst of a conversation I was having, I saw the term lobbyist synonymised with "legalised bribery". The main issue is that prevalence makes this almost acceptable. It's a case of "everyone else is doing it, so I might as well join in." Here is an article from Friday:

Tech Group Expands State Lobby Efforts



High-Technology Trade Association Boosts State Lobbying Program With Funding, Personnel

[...]

The group represents about 2,500 companies, including Microsoft Corp., Google Inc. and Dell Inc., in the software, telecommunications, computers, semiconductor and other sectors. It announced the plans Thursday.


The leader of this pack isn't of much interest here. It's more about the scale of this phenomenon, which probably proves to be more powerful than the Internet, i.e. the 'public voices'.

A few days ago, in Davos, Bill Gates attempted to rename "predatory capitalism" or "extreme capitalism" (as Richard Stallman calls it) "kinder capitalism". Having seen Microsoft's handling of a charity, this seems like an awful lot of spin. Matt Asay had more to say about this plea for love:

There are other reasons that open source fits Mr. Gates' call for a "kinder capitalism." The point is that the open-source revolution Mr. Gates has long fought is the single-best answer for building global (IT) economies, just as it's doing in Europe right now according to the European Union.

You should try giving away open source as part of your foundation, Mr. Gates. You could undo much of the wrongs you've done the world's IT economy.


As we mentioned the other day, Gates' charity is sometimes used to battle free open source software. Dumping techniques are being labeled "charity". But let us get back the main point.

As Larry Lessig states in the video cited above, he may have been chasing the wrong problem for many years. He had all the right answers. Just as it's accepted by non-monopolies (including older days Gates) that software patents do not make sense, Lessig explains that copyrights and global warming issues are trivialities. These are not being resolved because of greed and the likes of this characteristic.

The issue goes deeper beneath the surface and it needs to be addressed effectively by identifying those who legislated for the USPTO, for starters. As the articles below show, legislation on software patents around the world is still a political question that is overwhelmed and stomped by money. The same goes for the Novell deal and ISO, apparently. These are not purely-technical questions.

Related articles:

Recent Techrights' Posts

If You Don't Want "Linux" to Become "Windows", Then Follow GNU
GAFAM isn't a friend of Linux; it's only a user in the same sense clients are "users" of a brothel
This is What the Slop Bubble Popping Can Look Like
Maybe not an overnight collapse, but getting there gradually
More Confirmatory Rumours Regarding "Massive" Red Hat Layoffs
Ecosystem and sales said to be targeted
Office Meetings Are Most Useful to the Least Productive Workers
In my "office life" days I really didn't like meetings
Claim That the Board of Directors at IBM Isn't Happy With How the Company is Run
IBM tries to project an image of strength to the whole world, especially to its clients
 
Rudeness and Vulgarity Won't Stop Journalism About Free Software
we seem to be on the right path
Readers Pleased With Layout Changes
Two days ago we began improving clarity and accessibility in the site
IBM Plans for Layoffs Becoming Clearer With "Employee Reviews"
Of course this impacts Red Hat as well
IBM is Outsourcing Red Hat's Fedora to Slop to 'Save Money'
If IBM cared about quality rather than alleged "cost savings" (cutting corners), it would assign more IBM staff to Fedora, but instead the exact opposite happened, with the likes of Cotton and Miller removed from the project
European Patent Office (EPO) Industrial Actions Formally Start in Two Hours
As per the latest (revised) action plan, today workers will slow down their work and limit patent grants
Microsoft Under Fresh Investigation by the Italian Competition Authority
In 2025 we kept a running tally of 30,000+ Microsoft layoffs, so 40k this year would not be unthinkable
The "Alicante Mafia" - Part VI - More Strikes Planned at the EPO, Starting This Month
Yesterday we said that friends of Berenguer or inside Berenguer's circle may have left
Gemini Links 20/01/2026: New Tea, Using a Roku at a Hotel, and "Voltage-Based Power Management for Any Raspberry Pi"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 19, 2026
IRC logs for Monday, January 19, 2026
Links 19/01/2026: National Broadcasters on World or Local Affairs Up to a Week Ago
Links for the day
Gemini Links 19/01/2026: Game Boy and "The Lounge" (IRC) for the Elderly
Links for the day
Slopfarms in Google News (at Least Three Today) With Fake 'Articles' About "Linux"
Google itself is trying to promote its own slop ("Overview") at the expense of original and credible sources
Links 19/01/2026: ChatGPT’s Defects and The Guardian on Why So-called "AI Companies Will Fail"
Links for the day
IBM Quiet About Its Plan for Red Hat Amid Accelerated Bluewashing
Something is going on at Red Hat
The "Alicante Mafia" - Part V - It Seems Like Some People Are Already Leaving "The Mafia"
they have a rough idea of what's coming
Microsoft Means War, Microsoft is on the Side of ICE
Microsoft, people-ready
Proprietary UNIX is What We'll Have If IBM Red Hat Gets Its Way
IBM Red Hat wants to control everything, even if that means killing everybody
Free Software in Times of Peace (and Times of War, Too)
GAFAM and IBM are war companies
Founder of GNU/Linux (RMS) Speaks in US University (College) This Week
The auditorium has very high capacity and this is his "college comeback" talk in the United States
LinuxSecurity and Linuxiac Are Still Slopfarms, Even Anthony Pell Does It
We suppose waiting another month or another year won't change a thing
Links 18/01/2026: Legal Trouble for xAI, Climate Concerns, Data Breaches and More
Links for the day
'Vibe Coding', Chatbots, and Other Bots (e.g. "Agents" Disguised as "Superintelligence") Aren't Saving You Time
False marketing, FOMO marketing tactics
Gemini Links 19/01/2026: Analog Cameras and Plucker in 2026, US Losing Acceptability in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 18, 2026
IRC logs for Sunday, January 18, 2026
Links 18/01/2026: The "Deepfake Porn Site Formerly Known as Twitter" and Turkey to Block Kids' Access to Social Control Media
Links for the day
Gemini Links 18/01/2026: Against English as Language of the Net, "Symposium of Destruction"
Links for the day
You Would Expect This Kind of Misleading Narrative Shortly Before Microsoft (or GAFAM) Mass Layoffs
misleading PR
FOSDEM 2026: democracy panel, GNOME & Sonny Piers modern slavery experiment
Reprinted with permission from Daniel Pocock
Pump-and-Dump With IBM Shares, Courtesy of People Who Stand to Gain From the 'Pump'
"3 Reasons to Buy IBM Stock Right Now"
IBM: Spying on Staff Like Never Before and Implementing Silent Layoffs This Month, Say Insiders
what we heard from whistleblowers seems to corroborate
'Cancel Culture' Doesn't Work (in the Long Run)
Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
IBM is Not a Free Software Company (It Never Was)
Red Hat's main product, RHEL, is full of secret sauce and has 'secret recipes' (it is basically proprietary)
IBM Turning Up the 'RTO' (Stress) and 'PIP' (Fear) Heat on Workers, Rebellion May be Brewing
Sometimes it feels like today's executives at IBM view IBM workers as a liability
Links 18/01/2026: Indonesia Against Comedy, Media-Hostile (Censors Comedians) Convicted Felon in White House Defecting to Opponents of NATO
Links for the day
GNU/Linux Still up (statCounter Says to 6%) in Bosnia And Herzegovina
Let's see where it is at year's end
Making Layout Changes
Feedback can be sent to us
Behind an Economy of Fake 'Worths' and Fictional 'Valuations' or 'Market Caps'
They normalise white-collar crime and say "everyone is doing it!"
Links 18/01/2026: "South Africa is Running Out of Software Developers", Companies Spooked to Find Slop is a Major Liability
Links for the day
Eventually the Joke (and Financial Fraud) is on Microsoft, Stigmatised for Slop
Is Microsoft trying to commit suicide?
GNU/Linux Leaps to All-time Highs in Virgin Islands
it seems to have started around the "end of 10"
Place Your Bets: Who Will Die First? Microsoft or IBM?
Not even joking; make a guess
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
Over at Tux Machines...
GNU/Linux news for the past day