EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

11.14.12

IBM Propaganda for Software Patents Rebutted by Masnick

Posted in Apple, IBM, Patents at 8:07 pm by Dr. Roy Schestowitz

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.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

A Single Comment

  1. Michael said,

    November 14, 2012 at 9:28 pm

    Gravatar

    Why do you never refer to Google and Samsung as monopoly abusers or members of cartels?

    Oh.

    You are extremely biased and dishonest. A shame.

What Else is New


  1. Links 1/9/2014: Poettering on systemd, ITNews on DBMSs

    Links for the day



  2. Moving Away From Windows to GNU/Linux and the Abandonment of Windows as the Modest Proposal These Days

    Morale of GNU/Linux and an embrace of GNU/Linux is very high, despite recent propaganda from Microsoft MVPs and boosters (primarily security-themed and Munich-themed FUD)



  3. Korean Press Slams Microsoft Over Patent Extortion Against Linux/Android as New Abuses Resurface

    Harsh words from the national press of South Korea as Nokia's role in Microsoft's anti-Linux tactics becomes more apparent



  4. More Good News About Patents and Their Demise in the United States

    A roundup of news about software patents and patent trolls in the land where these thrive



  5. Links 31/8/2014: Linux 3.12.27, Akademy 2014

    Links for the day



  6. Links 30/8/2014: Jailhouse 0.1, *buntu 14.10 Beta

    Links for the day



  7. Links 28/8/2014: Many New Games, CTO of Red Hat Steps Down

    Links for the day



  8. We Are Gradually Winning the Battle Against Software Patents

    The once-elusive war on software patents is finally leading to some breakthrough and even the Federal Circuit reinforces the trend of software patents' demise



  9. Free/Open Source Software (FOSS) Companies Versus FOSS Moles (VMware, Sonatype, Xamarin)

    A look at three entities which pretend to be pro-FOSS but are actually FOSS-hostile and very much determined to replace FOSS with proprietary software



  10. Links 27/8/2014: GNU/Linux in Space, China, LinuxCon

    Links for the day



  11. FUD Against Google and FOSS Security Amid Microsoft Windows Security Blunders

    In the age of widespread fraud due to Microsoft Windows with its back doors there is an attempt to shift focus to already-fixed flaws/deficiencies in competitors of Microsoft



  12. Microsoft Spin Watch: IDG Turns to More Microsoft Propaganda, Hires Microsoft Boosters

    Media in Microsoft's pocket is telling Microsoft's lies and deceives the public for Microsoft's bottom line



  13. Microsoft's Massive Tax Evasion Becomes Better Known

    A new report about Microsoft's admission that it plays dirty tricks with tax (sometimes using moles in government) is increasing awareness of Microsoft's criminal aspects



  14. Links 25/8/2014: China's Linux Revolution Imminent

    Links for the day



  15. Links 24/8/2014: GNU/Linux Specialisation and Benchmarks

    Links for the day



  16. Links 23/8/2014: GNU/Linux Growth

    Links for the day



  17. Microsoft-Funded Attacks on Android Security and Patent/Copyright

    A look back at examples of people who smear Android and are receiving (or received) money from Microsoft



  18. Blowback in Chile and Munich After Microsoft Intervention

    Microsoft's attacks on the digital sovereignty of countries involves lobbying, corruption, an attack on standards (e.g. ODF), an attack on FOSS policies, and even an attack on accurate reporting (truth itself)



  19. The End of Microsoft is Nigh

    A look back at a tough year for Microsoft and a not-so-promising future



  20. Links 22/8/2014: Linux Foundation LFCS, LFCE

    Links for the day



  21. UPS Burned by Microsoft Windows, Gives Away Massive Number of Credit Card Details

    UPS is the latest victim of Microsoft's shoddy back door with software on top of it (Windows); attempts to blame FOSS for data compromise actually divert attention from the real culprit, which is proprietary software



  22. Microsoft's Funding of ALEC and Other Systemic Corruption

    Microsoft role in writing of laws by proxy, via groups such as ALEC



  23. Microsoft is Still Preying on British Taxpayers, Playing Politics

    Some news from the UK showing how Microsoft uses politics to extract money out of taxpayers, irrespective of their preferences



  24. Microsoft's Patent Troll Intellectual Ventures is Collapsing as 20% of Staff Laid Off

    More good news regarding the demise of patents as Microsoft's leading patent proxy is collapsing more rapidly than anyone ever imagined and software patents too are collectively doubted



  25. Links 21/8/2014: Conferences of Linux Foundation, Elephone Emerges

    Links for the day



  26. Links 20/8/2014: Linux Event, GNOME Milestone

    Links for the day



  27. Corruption Watch: Microsoft Lobbying Designed to Kill Chile's Free Software Policy and Promote Microsoft With Subsidies, More Dirty Tricks Emerge in Munich

    icrosoft is systematically attacking migrations to GNU, Linux and Free software, using dirty tricks, as always



  28. Vista 8 Such a Disaster That Even Microsoft Cannot Cope With It, Vapourware Tactics Start Early

    Microsoft's Windows-powered services are failing and Windows gets bricked by Microsoft patches, whereupon we are seeing yet more of Microsoft's vapourware tactics (focusing in imaginary, non-existent versions of Windows)



  29. On BlackBerry and Other Patent Trolls

    A roundup regarding patent trolls, starting with the bigger and latest joiner, BlackBerry's new patents apparatus



  30. Links 19/8/2014: Humble Jumbo Bundle 2 Betrayal, Mercedes-Benz Runs GNU/Linux

    Links for the day


CoPilotCo

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

CoPilotCo

Recent Posts