EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS


Software Patents Hinged on Money and Political Influence

Posted in Bill Gates, Europe, Finance, Microsoft, Novell, Patents, Videos at 11:34 pm by Dr. Roy Schestowitz

“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.””


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:

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New

  1. Željko Topić Tries to Do to EPO Staff What He Did in Croatia, Now Crushes Staff Assembly in The Hague

    Reminder to European Patent Office (EPO) staff that the EPO's management has a history of union-busting and serious violations of the rules; a call to join protests later today and later this week

  2. The Spanish EPO Scandal - Part I

    How García-Escudero Marquez, the sister of a Spanish Senate speaker, got controversially appointed to succeed the (now) EPO's Vice-President Alberto Casado Cerviño

  3. Media Alert: IAM 'Magazine' Does Not Protect Sources

    An important discussion regarding the role of IAM (Intellectual Asset Management) in the debate about EPO abuses

  4. Richard Stallman and Eben Moglen on the Microsoft-Red Hat Deal

    Founder of Free software and author of the GPL (respectively) comment on what Microsoft and Red Hat have done regarding patents

  5. Links 30/11/2015: Linux 4.4 RC3, Zaragoza Moving to FOSS

    Links for the day

  6. Public Protests by European Patent Office (EPO) Staff Weaken the EPO's Attacks on the Media

    Where things stand when it comes to the EPO's standoff against publications and why it's advisable for EPO staff to stage standoffs against their high-level management, which is behind a covert crackdown on independent media (while greasing up corporate media)

  7. Why the European Patent Office Cannot Really Sue and Why It's All -- More Likely Than Not -- Just SLAPP

    Legal analysis by various people explains why the EPO's attack dogs are all bark but no bite when it comes to threats against publishers

  8. How the EPO Twisted Defamation Law in a Failed Bid to Silence Techrights

    Using external legal firms (not the EPO's own lawyers), the EPO has been trying -- and failing -- to silence prominent critics

  9. East Texas and Its Cautionary Tale: Software Patents Lead to Patent Trolls

    Lessons from US media, which focuses on the dire situation in Texas courts, and how these relate to the practice of granting patents on software (the patent trolls' favourite weapon)

  10. The Latest EPO Spin: Staff Protesters Compared to 'Anti-Patent Campaigners' or 'Against UPC'

    Attempts to characterise legitimate complaints about the EPO's management as just an effort to derail the patent office itself, or even the patent system (spin courtesy of EPO and its media friends at IAM)

  11. The Serious Implication of Controversial FTI Consulting Contract: Every Press Article About EPO Could Have Been Paid for by EPO

    With nearly one million dollars dedicated in just one single year to reputation laundering, one can imagine that a lot of media coverage won't be objective, or just be synthetic EPO promotion, seeded by the EPO or its peripheral PR agents

  12. EPO: We Have Always Been at War With Europe (or Europeans)

    The European Patent Office (EPO) with its dubious attacks on free speech inside Europe further unveiled for the European public to see (as well as the international community, which oughtn't show any respect to the EPO, a de facto tyranny at the heart of Europe)

  13. What Everyone Needs to Know About the EPO's New War on Journalism

    A detailed list of facts or observations regarding the EPO's newfound love for censorship, even imposed on outside entities, including bloggers (part one of several to come)

  14. EPO Did Not Want to Take Down One Techrights Article, It Wanted to Take Down Many Articles Using Intimidation, SLAPPing, and Psychological Manipulation Late on a Friday Night

    Recalling the dirty tactics by which the European Patent Office sought to remove criticism of its dirty secret deals with large corporations, for whom it made available and was increasingly offering preferential treatment

  15. The European Private Office: What Was Once a Public Service is Now Crony Capitalism With Private Contractors

    The increasing privatisation of the European Patent Office (EPO), resembling what happens in the UK to the NHS, shows that the real goal is to crush the quality of the service and instead serve a bunch of rich and powerful interests, in defiance of the original goals of this well-funded (by taxpayers) organisation

  16. Microsoft Once Again Disregards People's Settings and Abuses Them, Again Pretends It's Just an Accident

    A conceited corporation, Microsoft, shows not only that it exploits its botnet to forcibly download massive binaries without consent but also that it vainly overrides people's privacy settings to spy on these people, sometimes with help from malicious hardware vendors such as Dell or Lenovo

  17. When the EPO Liaised With Capone (Literally) to Silence Bloggers, Delete Articles

    A dissection of the EPO's current media strategy, which involves not only funneling money into the media but also actively silencing opposing views

  18. Blogger Who Wrote About the EPO's Abuses Retires

    Bloggers' independent rebuttal capability against a media apparatus that is deep in the EPO's pocket is greatly diminished as Jeremy Phillips suddenly retires

  19. Leaked: EPO Award of €880,000 “in Order to Address the Media Presence of the EPO” (Reputation Laundering)

    The European Patent Office, a public body, wastes extravagant amounts of money on public relations (for 'damage control', like FIFA's) in an effort to undermine critics, not only among staff (internally) but also among the media (externally)

  20. Links 27/11/2015: KDE Plasma 5.5 Plans, Oracle Linux 7.2

    Links for the day

  21. Documents Needed: Contract or Information About EPO PR/Media Campaign to Mislead the World

    Rumour that the EPO spends almost as much as a million US dollars “with some selected press agencies to refurbish the image of the EPO”

  22. Guest Post: The EPO, EPC, Unitary Patent and the Money Issue

    Remarks on the Unitary Patent (UP) and the lesser-known aspects of the EPO and EPC, where the “real issue is money, about which very little is discussed in public...”

  23. Saving the Integrity of the European Patent Office (EPO)

    Some timely perspective on what's needed at the European Patent Office, which was detabilised by 'virtue' of making tyrants its official figureheads

  24. A Call for Bloggers and Journalists: Did EPO Intimidate and Threaten You Too? Please Speak Out.

    An effort to discover just how many people out there have been subjected to censorship and/or self-censorship by EPO aggression against the media

  25. European Patent Office (EPO) a “Kingdom Above the EU Countries, a Tyranny With ZERO Accountability”

    Criticism of the EPO's thuggish behaviour and endless efforts to crush dissenting voices by all means available, even when these means are in clear violation of international or European laws

  26. Links 26/11/2015: The $5 Raspberry Pi Zero, Running Sans Systemd Gets Hard

    Links for the day

  27. EPO Management Needs to Finally Recognise That It Itself is the Issue, Not the Staff or the Unions

    A showing of dissent even from the representatives whom the EPO tightly controls and why the latest union-busting goes a lot further than most people realise

  28. Even the EPO Central Staff Committee is Unhappy With EPO Management

    The questions asked by the Central Staff Committee shared for the public to see that not only a single union is concerned about the management's behaviour

  29. The Broken Window Economics of Patent Trolls Are Already Coming to Europe

    The plague which is widely known as patent trolls (non-practicing entities that prey on practicing companies) is being spread to Europe, owing in part to misguided policies and patent maximalists

  30. Debunking the EPO's Latest Marketing Nonsense From Les Échos and More on Benoît Battistelli's Nastygram to French Politician

    Our detailed remarks about French brainwash from the EPO's media partner (with Benoît Battistelli extensively quoted) and the concerns increasingly raised by French politicians, who urge for national or even continental intervention


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time


Recent Posts