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

Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
 
UEFI 'Secure Boot' Once Again Bricking PCs and Fake Security Models Are Perishing in Geminispace
Let's Encrypt has just fallen again
Links 17/07/2024: New Attacks on the Press, European Patents Squashed Even at Kangaroo Court (UPC)
Links for the day
Gemini Links 17/07/2024: Proponents of Censorship and New Arrivals at Gemini
Links for the day
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024