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

IBM's "Next Step" Program
Apparently close to 1,000 people being laid off by IBM wasn't worth reporting
If GNU/Linux Rising is Just "Bots" (It's Not, Many Surveys Show the Same), Why Does Microsoft Rush to Lie About System Requirements of Vista 11?
The real reason is, GNU/Linux is rising
 
Gemini Links 09/08/2026: Meatballs (1979), Gopher, RSS Experiment
Links for the day
2026: The Year Richard Stallman Came Back to American Campuses
There's more on the way
XBox is Rotting Away, Technical Issues for Second Time in Two Weeks
XBox is dying
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 08, 2026
IRC logs for Saturday, August 08, 2026
Red Hat is in Need of a 'Jolla', as an IBM-Controlled Red Hat is Becoming Like the Microsoft-Infiltrated Nokia
Dying fast, partly by design
Gemini Links 08/08/2026: Gigs, Poems, SREs, and Shared Passion
Links for the day
Kompromat Tactics in GNU and Linux
Kompromat as a concept was covered here in the past in relation to Microsoft
SLAPP Censorship - Part 143 Out of 200: After Nearly 10 Attempts to Settle With Us and Over a Million Pounds Spent on Lawyers and Barristers
We are in no particular hurry
20 Years and 43 Years
GNU/Linux is not just code, it's a philosophy, licence (copyleft), and community
GNU/Linux Turns 43 Next Month, Many Distros Actively Maintained
A lot of Debian-based distros are still actively maintained (we talk about this in IRC this evening), so the stability of the Debian Project is important
Links 08/08/2026: GAFAM Colonialism "Paved Over Protected Wetlands", Slop Companies Hoard Software Patents as Debt Soars to Trillions
Links for the day
Links 08/08/2026: "Palantir Paid No Federal Income Tax" and "Who's Responsible for This Mess?"
Links for the day
Retained: The Time IBM's Red Hat Tried to Hijack or Take Offline Site of Critics, Failed on All Grounds (Meritless Action Intended to Harass Critics)
Replicated from adrforum.com
IBM's 'Final Solution': Censor Sites Not Controlled by IBM, Sites Where Dissent is Expressed
IBM has no culture of free speech
More Mass Layoffs Coming IBM's Way (Ones IBM Cannot Hide, Cannot Convince Enough People to Leave or Unjustifiably PIP Them When They Say No)
The company that was like a "father of modern computing" is now stingy when it comes to travel. Not a good sign.
What Will it Take for Mainstream Media to Report Silent or Secret Layoffs at IBM?
"Silent" or "secret" sometimes because the media won't cover them
Is the Future of IBM Red Hat Temporary Staff, Contractors?
They want cheap, obedient lemmings
Gemini Links 08/08/2026: Tribute to Lloyd Center, Radio Amateurism, Homeworlds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 07, 2026
IRC logs for Friday, August 07, 2026
Microsoft Uses Slop to Find Defects and Then Uses Slop to Replace Code, What Could Go Wrong?
Botspam is the problem, it's not a constructive approach in any shape or form
analytics.usa.gov: GNU/Linux Up Some More This Week
Days ago it said 6.4%, now it's up to 6.8%
RA-pocalypse: IBM Tells Workers "Taking a Hike" is Their "Next Step" ('Voluntary' Layoffs), Now It Prepares to Sack Lots of Contractors
There definitely is something going on
Legal Attacks on Techrights Have Made Techrights More Popular and More Widely Read
The misogynists will have plenty of work to do this summer
Kai Stephens (Barkley Walsh) & British Democrats in Clacton by-election hustings
Reprinted with permission from Daniel Pocock
Daniel Pocock 'Punching' Nazis in the UK
The so-called "cult" of so-called "Debianism" was left with nothing but massive legal bills
SLAPP Censorship - Part 142 Out of 200: GemText is Not a Webpage, Gemini Protocol is Not the Web, and Capsules Are Not Websites
our intention to appeal (escalate to the Court of Appeal)
Microsoft: Our August 2026 Layoffs Are Not Layoffs Because... Reasons
That's like IBM making "spin-offs", then pretending that no layoffs are happening
Links 07/08/2026: UMG and Anthropic in Trouble Over Copyright Infringements Sold as "Training" (Slop)
Links for the day
Links 07/08/2026: "BMW Is Showing Commercials On Their Car's Dash Screens And They Want You To Think It's A Treat", Software Patents on Drones
Links for the day
What We Said About Red Hat's Fate Under IBM Turned Out to be Right on the Money (That IBM Lacks)
There are no layoffs at IBM
IRC Networks Show No Signs of Going Away, IRC Enters Its 39th Year
That IRC daemons are still actively developed and patched in summer of 2026 (over 38 years after IRC was born) says a lot about IRC's importance
Social [Control] Media Needs to Die
I am a bit shocked to recall that I wasted a lot of time on it
Some Malware is Legal Because It's Made and Distributed by Politically-Connected GAFAM
In reality, the security non-experts 'championed' (and salaried) by GAFAM are anti-security people who advocate back doors
The GNU/Linux Anniversary is Next Month, Not This Month
It'll turn 43
At Clacton by-election Hustings Event Daniel Pocock Says "Social [Control] Media Has Contributed to Some of the Anti Social Behaviour."
No doubt many problems in society are caused or at least amplified/accentuated by this horrible phenomenon
IBM Insiders Explain Why IBM is in Very Serious Trouble
Will IBM last long enough for any "quantum" deliverables to become a reality?
The Register MS Took Money From Broadcom to Publish Fake 'News' With "AI" Mentioned 35 Times
not legitimate or authentic journalism.
GNU/Linux Approaching 20% in Georgia (the Country)
Usage of GNU/Linux was near 0%, as measured by statCounter, several years ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 06, 2026
IRC logs for Thursday, August 06, 2026
Gemini Links 07/08/2026: Radio Amateurism, Summer Updates, and Programming "Taste"
Links for the day