Bonum Certa Men Certa

Bogus Correlations for Disinformation on Software Patents

Silicon Valley



Summary: A Silicon Valley patent office and some Silicon Valley-themed propaganda for software patent are explained

AS readers of this site may already know, I am active in the fight against patents on algorithms; Not as a politician or anything legally-oriented but as a software developer who is affected by them. Software developers do not want these patents, but lawyers run the political system. The other day I noticed someone struggling to rebut common propaganda for software patents. To quote the original message:



We're putting together notes, talking points, and a media package to begin tackling the software patents side of the unitary patent issue here in Estonia.

However we've come across a very valid argument, which has left us stumped. Maybe someone can help?

Basically the argument goes along the lines of: "if the US has software patents and software patents are so bloody bad, then how come so many tech startups are founded in the US?" Or alternatively worded as: "Why is Silicon Valley in the US and not in Germany, France, or the UK?"

Any help in tackling this argument would be much appreciated!


Former Google lawyer Michelle K. Lee is to lead a Silicon Valley patent office, according to this new article:

In what could be a big shake-up for America’s much maligned patent system, the United States Patent and Trademark Office has reportedly named lawyer Michelle K. Lee as the first head of its new Silicon Valley patent office.


Kappos, from IBM, is the head of the USPTO. Those companies are not small players. They do not represent the interests of people; they are massive corporations. Here is Masnick poking fun at the USPTO:

USPTO: "If you think our examiners are not competent, please come and offer to train our examiners."


This is hilarious because they are totally oblivious to the problem.

My reply the query above was as follows: Silicon Valley has flourished despite of -- not because of -- software patents. People whom you speak of can be shown several venture capitalists who openly complain about software patents. Some even took activist-type action against US patent laws. In fact, software patents are why they won't invest.

What in my humble opinion motivated growth in Silicon Valley is the influx of bright individuals from all across the world. They didn't come because of patents but because of the quality of universities and a great deal of VC that shrank in more recent years (another bubble). Another factor that played a role in Silicon Valley's growth is the vast market which is the US. They just have a broader reach.

Ask yourself how many British and French companies can honestly argue that they struggle in the market because the government does not grant them software patents. As Stallman said, it's actually an advantage for them (over US counterparts) to not have the burden, distraction, and cost overhead of software patents.

So anyway, the correlation here is not causal as a patents booster would wish to make it. Gun crime in the US, for example, is the not the result of having no national healthcare coverage, although one could try to portray it as such. You're up against a bunk argument, and it's trivial to show it.

Thomas Warwaris, another software person from Austria, quoted a famous saying from Bill Gates: "If people had understood how patents would be granted when most of today's ideas were invented, and had taken out patents, the industry would be at a complete standstill today.… The solution to this is patent exchanges with large companies and patenting as much as we can." Source: "Challenges and Strategy" (16 May 1991).

"By the way," he adds, "For arguments with patent bullies, they will very often challenge your competence. Patent offices are a valuable source for good and entertaining arguments to overcome this: Their own patents.

"Getting hands on their Patents, so that they can be full text searched - can require some tricks - but can put you in a huge advantage, because you should find a *lot* of granted Patents, that are ridiculous, in a very entertaining way:

"In Austria they range from "the invention of applying a whinch" (no kidding!) to "relaxation of esoteric energy in house building material" (no kidding either, I've seen a patent on sort of a voodoo-machine!). It's not that they are stupid: It is the system: They have to grant.

"With these patent numbers ready, you can easily thank your patent office for promoting the rediscovery of ancient mechanics and tell them that you have your tarot cards with you, to match their level of science.

"Don't forget to love patent offices: They are so funny!"

Recent Techrights' Posts

Proprietary Software is Bad for Your Health, Not Just Your Finances, Privacy and So On
It would be interesting to see some charts, based on some long-term study, comparing the general health (blood pressure, BMI etc.) of people who use proprietary stuff and people who do not
Microsoft Admits Business Perils as Windows Continues to Fall
‘Microsoft missed the biggest business model…’
Technical Specifications at Times of Tyrannies
Specifications (specs) must evolve with the times
In Case Rust Censors It (Rust Has Long Been All About Censorship), Here's a Critical Look at Rust's Goals
In the case of Rust, instead of "the liberation of the digital society" we have empowerment of Microsoft GitHub and of GAFAM in general. Guess who funds this...
Gemini Links 23/02/2025: Respectful Platforms Manifesto and Internet Archive
Links for the day
The Significance of the Timing of the Ridiculous Letters From Brett Wilson LLP, Acting on Behalf of People From Microsoft
A preliminary look at the timeline and what it tells us
Politicians Ought to Invite Dr. Richard Stallman and Prof. Eben Moglen to Speak About Policies, Licensing, Digital Sovereignty
Is there something in Europe other than RMS' talk this coming Monday (that we're not yet aware of)?
The So-called 'IT' Industry Became Somewhat of a Fraud Where People Equate Usage and Power Wasted With "Value" or "Success"
When did 'IT' become a weapon rather than technology/science?
Things to Like About London
Many important or "powerful" people leave near there
 
Links 24/02/2025: Germany Looks to Distance Itself From US, Environment at Risk, Mass Layoffs at Zendesk
Links for the day
[Meme] It's Over, Microsoft
an obligatory meme
Even Worse Than LLM Slop and Linkspam From UNIXMen
UNIXMen is basically a defunct spamfarm at this point (the author is "sarwarSEO")
Gemini Links 24/02/2025: Osiris 0.1.0 Release (File Sharing in Gemini Protocol), NetBSD 10.1 on the Pi
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 23, 2025
IRC logs for Sunday, February 23, 2025
Links 23/02/2025: Democracy Backsliding and German Election
Links for the day
Joining APRIL(.org), AGM weekend, Paris, 15-16 March 2025
Reprinted with permission from Daniel Pocock
Links 23/02/2025: Zuckerberg Despised, US Government Does Not Obey Judges, France Grapples With Terrorism
Links for the day
Links 23/02/2025: Apple Back Doors, Ukraine Updates, and Gemini Leftovers
Links for the day
Recent Improvements in Techrights
minimalism works fine when the main goal is to relay information
Slopwatch: Brian Fagioli, Brittany Day (linuxsecurity.com), and Microsoft Misinformation, False Marketing
Serial Sloppers
Censored: Debian Zizian transgender vigilante comparisons in open source Linux communities
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 22, 2025
IRC logs for Saturday, February 22, 2025
Links 22/02/2025: OpenAI Plans to Possibly Abandon Microsoft, Facebook Doubles Execs' Bonuses While Sacking Thousands
Links for the day
Gemini Links 22/02/2025: Weekend Chill and Programming Thoughts
Links for the day
Good Explanation of Why IBM Has Chosen to Conceal Mass Layoffs (of 'Expensive' Staff) as "R.T.O." (Even For People Who Never Worked at the Office to Which They're Ordered to "Return")
Many remaining IBM (or Red Hat) workers in Europe are in "cheaper" places such as Brno
Microsoft's Serial Strangler and Matthew J. Garrett Join Forces in Trying to Gag Techrights (for Exposing Microsoft Corruption and Crimes Against Women)
Whose terrible idea was it?
Links 22/02/2025: Labour Department Investigates Microsoft Infosys Amid Mass Layoffs, Large Law Firms Caught Red Handed With LLM Slop (Defrauding Clients and Courts)
Links for the day
Gemini Links 22/02/2025: Analog Stuff, Sigil, and SSGs
Links for the day
Microsoft's Market Share in Cameroon Falls to New Lows
This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 21, 2025
IRC logs for Friday, February 21, 2025
The Streisand Effect is Real
So don't be evil. Also, don't strangle women.