Bonum Certa Men Certa

Amid Motorola Patents Sale, More Calls to Abolish Patents and More Microsoft Brainwash

Google is the patent villain that threatens the world, says the Microsoft crowd

Earth as abstract



Summary: Patents increasingly being recognised for what they really are, however Microsoft spinners try to give an illusion of balance

"A

mong Motorola Mobility Holdings Inc.’s more than 17,000 patents, a group of 18 may prove most useful in Google Inc. (GOOG)’s effort to fend off litigation targeting the Android mobile platform," writes Brian Womack, citing concerns that are echoed by some Linux sites, claiming:

A Bloomberg report had identified a group of 18 of those patents that could be particularly helpful in countering Apple's many Android lawsuits. The circa-1994 patents are said to cover location services, antenna designs, email transmission, touchscreen motions, software-application management, and 3G wireless technologies.


"That's the back-of-the-envelope math from Piper Jaffray analyst Gene Munster, who calculated the success Google could have if it acquires Motorola and transitions Android from an open-source model to a proprietary model," the Linux site notes. But why would it be suggested that Google might do this? "Take a look at this naughty piece of FUD," wrote to us a loyal reader, quoting Microsoft MVP and Linux basher Jason Hiner and those who boost his FUD over at Forbes. It's just amazing how much spin and deception were produced by this Motorola move.

Well, there is no denying that "Cellphone Patent Disputes Piling Up" (as Murdoch's paper now puts it) and the latest infographic says it all really. An infographic that is up to date can be found in several reports that argue for patent reform -- a real reform. The barbedwire strung around smartphones makes a rethink imperative. it does everything but encourage innovation. It promotes litigation at the expense of implementation and as we stressed many times before, lawyers are taking away jobs from programmers -- a point which is even being made by a Microsoft booster.

The Guardian, which has just published a Stallman article on the subject of software patents (to be dealt with in a later post), finally publishes a piece against software patents. To quote:

Most people understand the origins and rationale of ordinary industrial patents. They give, say, a pharmaceutical company which has spent a fortune developing a new drug a window to profit from its investment before the rest of the world can make cheaper versions. But software patents, though legally similar, are very different in practice. Google's $12.5bn purchase of Motorola's mobile phone activities last week caused a stir in the business and technology worlds alike, because the reason for it was not to acquire Motorola's phones but its portfolio of up to 17,000 "software patents", which have become the gold dust of the digital age.


L. Gordon Crovitz makes a similar point even in Murdoch's press when he claims that:

The costs of our broken patent system are often abstract, but this month Google put a price tag on the problem: $12.5 billion. That's what Google paid for Motorola's U.S. smartphone business and its 17,000 patents. This is $12.5 billion that one of America's most creative companies will not use to innovate, fund research or hire anyone beside patent lawyers.


The patent lawyers must love all of this and one of their favourite blogs looks closely at the question the USPTO was originally created to handle and address, "[d]o Patents Disclose Useful Information?" This was the point of the USPTO back in the days -- to encourage/incentivise publication (in exchange for a limited-time monopoly). Quoting Patently-O:

In her recent article Do Patents Disclose Useful Information?, Lisa Larrimore Ouellette tackles this issue head-on, offering empirical support for the position that patents do convey useful information. Ouellette, herself a former nanotech scientist, provides the results of a survey conducted of nanotechnology researchers that suggests that, at least in that industry, researchers look to patents for their technical teachings, and that they believe that patents provide useful information that is not available elsewhere - with one notable exception, the problem of reproducibility. Based on these findings, Ouellete argues that we do not grant patents because of disclosure; rather, we require disclosure because we grant patents.


That is a reversal, is it not? It further validates that the USPTO has lost its way.

It ought to be noted that Microsoft's legal attacks on Android (through Motorola) are resuming these days. From Microsoft-friendly sources:

The Microsoft-Motorola case is one in the larger arena of software patents. Some have been settled, but many are still outstanding. Last month, HTC lost a preliminary ruling from an ITC judge. The phone maker was sued by Apple, which claimed 10 of their patents were infringed upon.


Watch what the Microsoft booster of the Washington Post writes without quite criticising Microsoft for its aggression.

Part of the brainwash from Microsoft circles is that this is a battle between two ferocious giants rather than a shameless attack from Microsoft, the loser in the mobile space, using dubious patents that never ought to have been granted. Watch out carefully for disinformation. There is a lot of it these days. It piggybacks big news about an expensive acquisition.

"Graham’s notion that if you are against software patents you must be against ALL patents" is the false dichotomy noted right now by the President of the FFII. It is another form is popular brainwash that we see all the time, even from Apple apologists. The article in question states:

The Valley is loving the patent discussion right now. For every meme, it seems there is a matching “here’s-how-patents-relate-to-that” meme. Just because a thing is popular doesn’t make it right, and thankfully, most commentators on the patent issue seem to agree that it hurting innovation much more than it’s helping it. It hurts innovation in many ways, but it’s worth going back over at least some of them here.

The Cost of Patents to Innovation are now Tangible and Large

We’re seeing this measured almost daily. Scoble is working through the math for WebOS even today when he values the WebOS patents at circa $3 billion for 2000, or $1.5 million apiece. That doesn’t seem too far afield if we look at patents in a way similar to how VC’s have to look at their portfolios. In other words, many will be worthless, but a few will be quite valuable indeed and will more than make up for all the rest. We don’t have to spend very long looking at the billions raised by Nathan Myhrvold’s Intellectual Ventures to realize that many astute financial minds really do look at it that way. In recent years, it’s been a good bet that financial engineering to produce wealth was really inflating a bubble of one kind or another that would destroy a tremendous amount of wealth for the general public. Why would we be surprised to learn that patents are just another way to play the same Ponzi scheme?


Yes, and that last statement sums it up in a strongly-worded fashion.

Comments

Recent Techrights' Posts

EPO's Local Occupational Health, Safety and Ergonomics Committee (LOHSEC) in The Hague: Workers Are Getting Sicker, Conditions in Which to Assess Patent Applications Deteriorate
"According to the Office statistics the total number of days of absence has gone up from 12.4 to 13.1 total number of sick days per Full Time Equivalent (FTE) from 2023 to 2024."
The Standard Needs to Improve Its Standards for Fact-Checking, Aaron Swartz Had Nothing to Do With Reddit and He Detested the Company That Created It
The Web is already bad enough as it is
New Paper From the EPO Highlights Large-Scale Discrimination at the Office, Where People Are Rewarded for Granting More and More Illegal Patents
Even the Kremlin is probably more competent than this
The Ultimate and Inevitable Fall of OpenAI (Even Brave is 'Bigger' Now)
"When you advertise at the Super Bowl, you’ve reached just about every consumer in America. It’s the last stop. If you’re not profitable yet, you never will be."
 
If Matthias Kirschner Loves Free Software, He'll Change the Name of the Microsoft-Sponsored Organisation He Governs (in Order to Avoid Confusion)
The FSF-EEE does not really like Software Freedom, it just loves money (including Microsoft's)
Soylent News Lessens the Scope of Discussion Due to Persistent Trolling and Online Abuse
if they make it a lot harder for new people to participate, then they limit the "general appeal" and reach
When the Livestream of Richard Stallman is Apparently Bury-Brigaded Offline You Finally Learn to Avoid Google/YouTube for Streaming
Please, people, stop uploading to Google/YouTube
Links 10/02/2025: Ban on D.E.I. Language, Listeria Risk/Outbreak
Links for the day
Links 10/02/2025: Announcing "Stringless" and Mental Health Improvement
Links for the day
Links 10/02/2025: Facebook Mass Layoffs, "Meta" Did What Aaron Swartz Had Done But to the Tune of 81.7 Terabytes
Links for the day
Microsoft Tarnishing the Brand of Arch
Of course Arch can do whatever it wants, but being associated with Microsoft is a badge of shame
Adding Slop to Your Blog Only Makes One Assume All the Text is LLM Slop
Simon Coter from Oracle has turned to slop
Macao is Leaving Microsoft Behind
Windows is falling to new all-time lows
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 09, 2025
IRC logs for Sunday, February 09, 2025
Microsoft's WSL (LSW) Shows That It Can Never Love Linux, Only Windows
that's just how Microsoft rolls
Activism in Times of War and a Coup
'Linux' Foundation works for fascism
What the Silencing of Neatnik Tells Us About Linus Torvalds Inside a Microsoft-Dominated 'Linux' Foundation
Is Linus Torvalds free to express his mind as he wishes about every topic, even just any technical topic?
Windows Down to 11.35% in Senegal, as Measured by statCounter
Another all-time low (Windows was at 99% in 2009)
"Latest Technology News" in BetaNews is LLM Slop Promoting OOXML and Proprietary Software at the Expense of LibreOffice and OpenDocument Format (ODF)
Remember that "open-source" and Open Source aren't the same; the former is fake
Links 09/02/2025: Coffee, Toxic Productivity, and Programming
Links for the day
Debian's Human Rights violations & Swiss women Nazi symbolism
Reprinted with permission from Daniel Pocock
Links 09/02/2025: Software Patents on MP3 and Another Scam Dressed Up as "Crypto"
Links for the day
Links 09/02/2025: Russian Energy Cut Off, LLM Pushers Show Signs of Desperation
Links for the day
Richard Stallman (RMS) Does Not Have Media Companies and Lobbyists on His Side, But His Message Spreads Regardless
The message of RMS is spreading in spite of all the smears
GNU/Linux Rises to All-Time High in Chile
sharp rise for GNU/Linux in Chile
Links 09/02/2025: Hottest January on Record, Panama Blackmailed
Links for the day
Why We Still Love Gemini Protocol
Gemini Protocol may seem like something "old" (it's actually very new) and something "nobody would use", but many people use it
Gemini Links 09/02/2025: "Died as a Mineral" and Game Interface for a Non-Game
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 08, 2025
IRC logs for Saturday, February 08, 2025
Links 08/02/2025: UK Back Doors and Religious Fundamentalists in Positions of Higher Power
Links for the day
Today's IBM (Red Hat) Isn't the Company That Fought a Microsoft-Sponsored SCO in Court
IBM is nowadays in a state of rapid disintegration
When You Simply Rebrand Almost Everything as "Hey Hi" ("AI"), "Hey Hi Workloads", "Hey Hi Datacentres" and Whatnot
The "growth" has been a growing lie for years if not decades
Microsoft Windows Falls to 12% in Myanmar
Remember that Microsoft is virtually 0% in mobile
This is the Man Who's Attacking Linus Torvalds et al in "a Disease" (Social Control Media)
One thing that Richard M. Stallman and Torvalds can agree on is that Social Control Media should be avoided
Gemini Links 08/02/2025: "Thought Leaders" and Returns to Gemini Protocol
Links for the day
Links 08/02/2025: MElon Coup, Mass Layoffs at Facebook, and PlayStation Network Down
Links for the day
Unlike GAFAM, Free Software Serves You, It Does Not Serve Governments and MElons (Overlapping Forces)
Tired of oligarchy controlling your life through gadgets and "apps"?
On Wars Against Founders
We need to insist that founders remain
When It Comes to Social Control Media, Linus Torvalds is Channeling Techrights
GAFAM workers know exactly who to aim at
New EPO Paper: Promoting (Rewarding) People Who Grant Many Illegal European Patents to Make More Money (at Europeans' Expense) While Patent Courts in the EU Are Themselves Illegal
now the coup is sort of complete and even the "courts" are part of the corruption
Slopwatch: Carnival of LLM Slop and FUD Spewed by Bots, Pasted in by MaKenna Hensley and Day
Welcome to the Web in 2025. Articles about "Linux", "Security", and the Web (e.g. "Firefox") are fake.
Links 08/02/2025: News Corp Admits Traffic Declines, Wildlife Trafficking Tackled
Links for the day
Gemini Links 08/02/2025: Lamp and Notions
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 07, 2025
IRC logs for Friday, February 07, 2025