04.22.11

Gemini version available ♊︎

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

Posted in Deception, Intellectual Monopoly, Patents at 10:08 am by Dr. Roy Schestowitz

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.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

A Single Comment

  1. twitter said,

    April 22, 2011 at 6:36 pm

    Gravatar

    It is interesting but predictable that a patent promoter would make such a vile and wrong comparison. It is impossible to compare pharmacy to software because software is not an invention and does not deserve a patent monopoly. The only reason people would compare a drug to a business method or math is that they have a wrong headed view of law promoted by the people who invented the term “intellectual property“. That entitlement philosophy also leads people to value profits over medicine for their neighbors. People who promote yet more patent power are ignorant of the science they hinder and equally ignorant or indifferent to the social costs.

    If we let these craven people have their way, they will take us all the way back to Patent Medicines, dubious compounds sold under legal authority (the king’s letters patent or modern equivalents) rather than scientific evidence and empirical results. Already they spend more money advertising directly to the public than actual research, so that patients come to doctors demanding pills for made up diseases. More serious corruptions have been alleged aimed at doctors and scientists themselves. Fake journals and intimidation of doctors and scientists represent an attack on science itself. Now watch them swoop in on growing weeds, which like patent medicines of the past at least alleviate symptoms of those unable to find or afford real care.

DecorWhat Else is New


  1. In Picture: After Billions Spent on Marketing, With Vista 11 Hype and Vapourware, No Real Gains for Windows

    The very latest figures from Web usage show that it’s hardly even a blip on the radar; Windows continues bleeding to death, not only in servers



  2. [Meme] [Teaser] Double-Dipping Friedrich Rödler

    As we shall see tomorrow night, the EPO regime was supported by a fair share of corrupt officials inside the Administrative Council



  3. The EPO’s Overseer/Overseen Collusion — Part XIV: Battistelli's Iberian Facilitators - Portugal

    How illegal “Strike Regulations” and regressive ‘reforms’ at the EPO, empowering Benoît Battistelli to the detriment of the Rule of Law, were ushered in by António Campinos and by Portugal 5 years before Campinos took Battistelli’s seat (and power he had given himself)



  4. Links 16/10/2021: SparkyLinux Turns 10 and Sculpt OS 21.10

    Links for the day



  5. “Facebook Whistleblowers” Aside, It Has Been a Dying Platform for Years, and It's Mentally Perverting the Older Generation

    Guest post by Ryan, reprinted with permission



  6. [Meme] Microsoft Has Always Been About Control Over Others

    Hosting by Microsoft means subjugation or a slavery-like relationship; contrary to the current media narrative, Microsoft has long been censoring LinkedIn for China’s autocratic regime; and over at GitHub, as we shall show for months to come, there’s a war on information, a war on women, and gross violations of the law



  7. EFF Pushes for Users to Install DuckDuckGo Software After Being Paid to Kill HTTPS Everywhere

    Guest post by Ryan, reprinted with permission



  8. The Reign in Spain

    Discussion about the role of Spain in the EPO‘s autocratic regime which violates the rights of EPO staff, including Spanish workers



  9. [Meme] Spanish Inquisition

    Let it be widely known that Spain played a role in crushing the basic rights of all EPO workers, including hundreds of Spaniards



  10. Why You Shouldn’t Use SteamOS, a Really Incompetent GNU/Linux Distribution With Security Pitfalls (Lutris is a Great Alternative)

    Guest post by Ryan, reprinted with permission



  11. IRC Proceedings: Friday, October 15, 2021

    IRC logs for Friday, October 15, 2021



  12. Links 16/10/2021: Xubuntu 21.10 and DearPyGui 1.0.0

    Links for the day



  13. DuckDuckGo’s HQ is Smaller Than My Apartment

    Guest post by Ryan, reprinted with permission



  14. Post About Whether Vivaldi is a GPL violation Was Quietly Knifed by the Mods of /r/uBlockOrigin in Reddit

    Guest post by Ryan, reprinted with permission



  15. The EPO’s Overseer/Overseen Collusion — Part XIII: Battistelli's Iberian Facilitators - Spain

    The EPO‘s António Campinos is an ‘Academy’ of overt nepotism; what Benoît Battistelli did mostly in France Campinos does in Spain and Portugal, severely harming the international image of these countries



  16. From Competitive (Top-Level, High-Calibre, Well-Paid) Jobs to 2,000 Euros a Month -- How the EPO is Becoming a Sweatshop by Patent Examiners' Standards

    A longish video about the dreadful situation at the EPO, where staff is being ‘robbed’ and EPO funds get funnelled into some dodgy stock market investments (a clear violation of the institution’s charter)



  17. [Meme] Protecting European Patent Courts From EPO 'Mafia'

    With flagrant disregard for court rulings (or workarounds to dodge actual compliance) it seems clear that today's EPO management is allergic to justice and to judges; European Patents perish at unprecedented levels in national European courts and it should be kept that way



  18. Links 15/10/2021: Pine64's New PinePhone Pro and Ubuntu 22.04 LTS Codename

    Links for the day



  19. [Meme] GitHub Isn't Free Hosting, It's All About Control by Microsoft

    Deleting GitHub isn’t a political statement but a pragmatic decision, seeing how Microsoft routinely misuses its control over GitHub to manipulate the market



  20. With EPO 'Strike Regulations' Belatedly Ruled Unlawful, EPO Management May be Lowering the Salary Even Further by Introducing Outside 'Temps' or Casual Workers

    Institutional capture by an 'IP' (litigation) Mafia is nearly complete; with illegal so-called (anti) 'Strike Regulations' out the door, they're quickly moving on to another plan, or so it seems on the surface



  21. Links 15/10/2021: 95% of Ransomware Targets Windows

    Links for the day



  22. IRC Proceedings: Thursday, October 14, 2021

    IRC logs for Thursday, October 14, 2021



  23. The EPO’s Overseer/Overseen Collusion — Part XII: The French Connection

    The EPO‘s presidency (led by Frenchmen for nearly 15 years out of the past 18 years; Benoît Battistelli and António Campinos are both French despite their somewhat misleading surnames) is extremely unlikely to even be mildly scrutinised by the French delegates because of a web of nepotism and protectionism



  24. [Meme] Another Maladministration Meeting Comes to an End

    Did the EPO‘s overseeing body properly tackle Benoît Battistelli‘s illegal acts, authorised by that very same overseeing body? Don’t hold your breath as António Campinos continues to crack down on staff (maybe ILOAT will rule on it in 2030)



  25. Links 14/10/2021: LibreOffice 7.2.2, Happy Birthday to Jolla, Ubuntu 21.10, Devuan GNU+Linux 4.0, OpenBSD 7.0

    Links for the day



  26. [Teaser] What Miguel de Icaza Really Thinks of the CEO of Microsoft GitHub

    Following the opening of a new series about Microsoft GitHub we drop a little teaser today; we expect dozens of parts to be released in the coming weeks/months as facts are being validated and organised



  27. Splitting the Time to Cover More Leaks and Exposés

    We take stock of Part 11 of the ongoing EPO series (“EPO’s Overseer/Overseen Collusion”) and explain what caused various delays yesterday; we may have to up our pace a little in order to keep up with an influx of leaks and whistleblowers



  28. [Meme] Destroying the Workplace

    The working conditions at the EPO continue to worsen under the António Campinos regime, perpetuating the decade-long 'demolition project' of Benoît Battistelli and his cohorts in the complicit Administrative CouncilThe working conditions at the EPO continue to worsen under the António Campinos regime, perpetuating the decade-long 'demolition project' of Benoît Battistelli and his cohorts in the complicit Administrative Council



  29. Microsoft GitHub Exposé — Part I — Inside a Den of Corruption and Misogynists

    Today we commence a new series that implicates Microsoft, GitHub, Copilot, and Team Mono



  30. EPO Management Tricks EPO Staff Into Taking More Paycuts

    “Education and childcare reform” [sic] is an António Campinos "reform" in the same sense regressive salary reductions are just “adjustments” (euphemism); Electronic opt-in gaffes, according to staff representatives, show that the tradition of Benoît Battistelli carries on at the Office, taking away from staff for a few corrupt officials to milk the institution to death


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