Bonum Certa Men Certa

Steven Lundberg Uses Gymnastics in Logic in Order to Sell Software Patents

Surrender to software parents or people will die?

Steven Lundberg



Summary: Monopolies on algorithms are advocated by yet another attorney who taxes science using patent monopolies and the associated bureaucracy

Steven Lundberg, somewhat of a lobbyist for software patent policies who has a blog fully dedicated just for this purpose, is still at it. The firm he is in, Schwegman, Lundberg & Woessner, apparently agrees with these actions of his because its name is put near it. Does that make him, Mr. Lundberg, a representative? "Here’s a Question for Opponents of Software Patents" says his new bit of deception (in the National Law Review), which goes like this: "Ok, here’s a question for the opponents of software patents: If software patents are such a drag on the software industry, why don’t the countries with weak or non-existent software patents, or at least countries with relatively few software patents, have the most innovative software industries? Perhaps they do, but I have never seen any stats supporting that proposition. It is well known and irrefutable that countries that had little or no protection for pharmaceuticals also had virtually no ethical (innovative) pharmaceutical companies. Is not the same true for software patents?"



“Microsoft and the rest of the US software industry had no patents when it was building its empire. So that answers your question right there.”
      --Pamela Jones, Groklaw
Due to matters of scarcity and the process which may be involved in stepping inside a patent, these two are not comparable. Moreover, it's a disingenuous attempt to compare the question about software patents to a life or death situation/dilemma. Someone asked us to address the subject today and it is probably quite timely, especially because there are Mono thugs who falsely try to suggest that I endorse patents (they spread this lie today); people in academic settings who apply for patents or receive grants from pharmaceutical companies such as AstaZeneca (their role then typically becomes to push the grant giver's agenda in peer-reviewed journals or corrupt publications like Elsevier's, where bribe money buys placements, e.g. Merck's, but that's another subject) sometimes apply for patents, but I do not and I never will; to attribute to me the preferences of some other academics is absolutely ridiculous and unfair. It's a gross generalisation. When universities amass monopolies or even funding from companies (I am funded by the ERC by the way, so no such conflict arises), then it's another matter altogether. It's really dodgy stuff sometimes and I rarely restrain my scepticism.

But let's go to the subject matter (pun intended), which is patents on drug-making. We actually addressed this subject on numerous occasions before, especially around 2009 when we also shared videos that debunk these commonly-repeated myths (e.g. patents as life savers). A few hours ago I had a one-hour conversation with a fellow professor who had researched this field for decades and he too is cynical about it. Today he explained how the vast majority of the pharmaceutical companies' output [1, 2, 3, 4, 5, 6, 7, 8] is not effective or hardly effective but because they stick together like a cartel, they can carry on selling drugs and making massive profits which they then funnel into bonuses and a lot of marketing that affects perception, not effectiveness of treatments. It's a sure way to make money, which is what they're all about. Patents to them are often means for excluding competitors (e.g. generics) and hiking/elevating prices to the point where the customer can barely bear it. So these patents too have their room for doubt, as we explained very recently. There is still no justification for comparing these to software development, which someone can do while traveling on the train. It is the old trick of improper analogies to support one's weak case. Groklaw responds to Lundberg by writing: "First, it's a mistake to compare pharma with software. The development model is too different. Second, Microsoft and the rest of the US software industry had no patents when it was building its empire. So that answers your question right there. And as for being a drag, Gates himself said if there had been patents allowed on software when he was starting Microsoft, he would have failed. And even Justice Breyer in the Microsoft v. i4i oral argument indicated an awareness that there are problems from issued patents, so it's too late to pretend that nothing bad happened from allowing patents on software. If you continue to deny reality, you will allow incumbents to destroy Linux and other FOSS software, which is a very foolish economic decision on your part, since it benefits only a convicted monopolist."

One need not expect Steven Lundberg to be persuaded or to change his mind. He is in it for the money, not the science, but it is important to ensure he cannot bamboozle scientists into thinking he is on their side. Schwegman, Lundberg & Woessner is not the voice of reason.

Comments

Recent Techrights' Posts

British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
 
Microsofters' SLAPP Censorship - Part 14 Out of 200: Men Who Strangle Women (and Worse) Trying to Force Us to Write Public Apologies to These Men
For those who never before saw a SLAPP, they basically make many demands
Instant Bluewashing at Confluent: Mass Layoffs Alleged at IBM
So the main question is, did IBM just fire 800 people?
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Sophie Brun, Raphel Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026