Bonum Certa Men Certa

IBM Propaganda for Software Patents Rebutted by Masnick

Mike Masnick
TechDirt's Mike Masnick



Summary: Famous monopoly abuser (IBM) chooses to publicly promote FOSS-hostile legal frameworks, only to find its arguments shredded to pieces by TechDirt

IBM has been somewhat of a traitor whenever it advanced software patents around the world, e.g. Europe and New Zealand. IBM's arguments are full of holes. For instance, IBM tried to insinuate that patents help Open Source. Backlash to this lobbying effort was great at the time.



Here is Mosnick with an excellent, success rebuttal that covers many of the key points. It's nonsense-burying rebuttal that goes along the lines of, you have more patents, which means... well, that you have more patent monopolies, not innovation. Or, something is claimed to be successful because of patents, not despite of patents -- how often do we see that strategic fallacy in the copyright lobby too?

Wired kindly reprinted the rebuttal which says:

Rebuttal: ‘The Patent System Works Fine Because… Hey Look Over There!’



IBM’s Chief Patent Counsel, Manny Schecter, has one of the most ridiculous defenses of the patent system you’ll ever see over at Wired, entitled With All Due Respect: The Patent System’s Not Broken. Having debated the patent system for years, I’ve noticed a pattern among patent system defenders who are big time patent lawyers. Their argument tends to amount to: see this wonderful thing? It exists because we have patents. Period. The fact that whatever it is they’re pointing to probably has nothing to do with patents will never be acknowledged.

[...]

The reason for this is not difficult to assess if you’re not a patent lawyer. It’s that companies don’t sell “patents,” they sell products. And you can sell products whether or not they’re patented. If you build something people want, you can figure out a way to sell it — even if someone copies you. In fact, what plenty of other research has shown is that (again, contrary to what many lawyers believe) copying market leaders is often a hell of a lot more difficult than people believe. And, of course, even if you have a direct copy, it doesn’t mean you can really compete. The first mover advantage is important, but so is knowing how to market and sell products, and copiers often don’t do a good job on that front. So, yes, there are plenty of reasons companies would spend a lot of money without patents.

[...]

Where to start? First off, which economists? Second, having your value attributed to your “intellectual property” (loosely defined) is not the same thing as saying that it’s because of intellectual property laws. This is a common and ridiculous mistake that many make — assuming that because the things currently covered by IP laws are important, the laws themselves must be important. Ideas, content, innovation etc. all exist absent IP laws. This is something that patent lawyers seem to conveniently forget or ignore. Next, the $5 trillion number and the 40 million jobs claim — well, that’s equally bogus, as we’ve discussed before. It’s based on the ridiculous and obviously faulty belief that these jobs and “contribution” to the economy are due to “IP laws” and not other economic activity such as people actually selling stuff. And those jobs? Yeah, anyone who claims that has lost all credibility, because, remember, it’s actually mostly about trademark, and that means that 2.5 million of those jobs are actually people working at grocery stores. Sorry, dude, you don’t get to claim the checkout bagger as a reason why we need stronger patent laws.

[...]

In the end, none of the arguments he makes even come close to making sense. At best, he argues some sort of bizarre correlation to make his point, but most of the time he’s just pointing elsewhere and pretending it has something to do with patents. We could just as easily argue that patents have caused population growth in the US. I mean, look, the population has grown… and we have patents! And it would be just as meaningless as every single argument he makes.


Over at Groklaw, a pro-IBM site, Jones wrote: "The software industry was built when there were no software patents, as Bill Gates himself has pointed out. The patent system is broken, if you are not already one of the three or so "winners" already in place. That's who it works for. But innovation doesn't come from them."

Manny Schechter speaks for a monopoly abuser from the old days, he does not speak for scientists. Ansel Halliburton, a patent lawyer, showed similar pro-patents leanings when he said Apple is getting money from HTC (FUD!). "Plus," writes Jones, "FOSSPatents is drooling loathesomely that Nokia will win royalties from HTC as well next. How's that for a free market? "Let's all get together and kill of Android," eh?"

We'll discuss this in the next post. It's all just FUD from patent lawyers, Microsoft lobbyists, and some inane boosters. And this FUD has travelled way too far.

Comments

Recent Techrights' Posts

Bluewashing Ends DEI at IBM and at Red Hat (HR or Hiring Become Gender- and Race-Neutral)
All that "whitelist is racist" stuff is likely a thing of the past
Richard Matthew Stallman, or rms (RMS), Turns 72 This Coming Weekend
This coming Sunday he deserves a cake
 
Links 14/03/2025: Scam Currencies in the US and Oligarchs (Including GAFAM) Controlling All the Major Policies
Links for the day
Antisemitic Attacks on Richard Matthew Stallman (RMS) in Wikipedia This Week
Did the man strike a nerve or what?
Links 13/03/2025: Intel Rotates Figurehead and South Korea Imports Karen People From Myanmar
Links for the day
Meanwhile at Microsoft Canonical...
Promoting proprietary surveillance by a company that actively attacks Linux in a lot of ways
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 13, 2025
IRC logs for Thursday, March 13, 2025
Links 13/03/2025: Calculators and Spreadsheets, Returning to a Human Internet
Links for the day
Links 13/03/2025: Further Assaults on Science and Education in the US
Links for the day
Expect XBox to Be Shut Down Like Skype
"hey hi"-washing fools nobody
Truth Hurts (Especially Some Dishonest and/or Greedy People), But Reporting Truth is What Makes Journalism Valuable to the General Public and Helps Protect Society From Abuse by Sociopaths or Pathological Liars
When it comes to reporting, we're on the side of female victims, not the men who strangle them.
New Paper Reveals the Web (and Net) Drowns in LLM Slop, "Linux" is Impacted Too
It will be getting harder to trust anything on the Web
Links 13/03/2025: RIP, Carl Lundström; Tesla (the Company, Not Scientist It Piggybacks) Besieged by Public Backlash
Links for the day
Gemini Links 13/03/2025: MElon "Greek Tragedy" and Going Offline More
Links for the day
Links 13/03/2025: COVID-19 Legacies and "Modern" Cars as Spying Machines on Wheels
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 12, 2025
IRC logs for Wednesday, March 12, 2025
The Fall of the Open Source Initiative (OSI): Microsoft-Sponsored OSI is Probably Not Even the Real Steward of the Open Source Definition, It's More Like an Identity Thief at This Point (Like "FSFE", a Microsoft-Sponsored Imposter of FSF)
As we'll show later, many people (even inside OSI) are very angry at the OSI right now
Gemini Links 12/03/2025: Cataloging Books, Ramen, and MElon
Links for the day
Links 12/03/2025: Anti-Union Actions and New Efforts at Truce/Ceasefire in Ukraine
Links for the day
Sponsored by Linux Foundation
All the pages are full of 'Linux' Foundation ads that are not about Linux
CodeWeavers Ads Weaved by LLM Slop at BetaNews
How much of this was even touched by a human being?
It's Hard to Dispose or Get Rid of Swasticars Now
'Memecars' only sell as long as people have a 'belief' in them
Springtime Plans
We currently have two long series underway
In Australia, iOS Estimated to be Bigger Than or Equal to Windows
Not even counting macOS
Brett Wilson LLP Does Not Deny Microsoft or Another "Third Party" Secretly Funds the SLAPPs Against Techrights, Bankrolling Despicable People Who Deserve Criticism
Writing about crime is not a crime
Gemini Links 12/03/2025: LLM Slop Lacks a Future, Wordle Clone Comes to Gemini Protocol
Links for the day
Using FUD That Blames "Linux" for Typos, Turning It Into LLM Slop That Blames "Linux" for Typos
It is probably the "leader" at LLM slop (fake 'articles') about "Linux"
Links 12/03/2025: Big Cuts to US Education and Science (e.g. NOAA)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 11, 2025
IRC logs for Tuesday, March 11, 2025