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

Twitter as X-Rated Hatred: Criticising Microsoft is Not OK, Calling for Beheadings (With Bounties on People's Heads) is OK
Twitter automation missed 'hit job' advertising
Balancing Activism Against (or With) Basic Necessities and Daniel Cantarín on Our Collective Battle for Software Freedom Around the World
"I'm VERY angry about lots of stuff happening here in Argentina, all of it shielded behind the word "freedom"."
 
Links 16/08/2024: YouTube Bans and Surveillance Expanded
Links for the day
We Were Right All Along and the Collaborators of Microsoft Helped Competition Crimes of Microsoft
Once again vindicated regarding UEFI "secure boot"
[Meme] The New Windows Slogan
stat me up
Addendum: Associate's Notes on Free Software as a Labour Issue and the Connectivity Swindles
these are related issues/causes
Microsofters Infiltrating Roles of Authority and Government Positions to Protect Microsoft and to FUD Microsoft's Competition
friends of Microsofters who bully me and my wife
Links 16/08/2024: UK Skills Deficit and Kim Dotcom to be Extradited to the US (for Doing the Same Stuff GAFAM Does)
Links for the day
Gemini Links 16/08/2024: Overgeneralisation and Games
Links for the day
Russia's Yandex 5 Times Bigger Than Microsoft... in Ukraine
They'd rather rely on the Kremlin than on Microsoft
[Meme] Gemini is Different, So What?
different, not worse
Now It's "Official": Over 4,000 Known Gemini Capsules in Lupa
For the first time ever
Clown Computing
Reprinted with permission from Dr. Andy Farnell
[Meme] What Freedom Means to IBM
Free labou
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 15, 2024
IRC logs for Thursday, August 15, 2024
From 99% in 2012 to 27% in 2024: How Microsoft Lost Georgia
What we're seeing is a migration from Windows to other platforms, notably GNU/Linux
To Understand Cisco's Mass Layoffs Look at the Company's Soaring Debt (Same at Microsoft)
Look what's happening to Intel - down almost 60% since the start of the year, 57% to be precise
Windows Flying Low at 25%
It's another all-time low
[Meme] Long Texts You Never Bother Reading (Because Life is Too Short, Unlike Those Texts)
The devil is in the terms of service
Links 15/08/2024: Monkeypox Hysteria and Modern Homesteaders Living Off the Grid
Links for the day
Gemini Links 15/08/2024: Confession of a Convention Game Master and Some Release nostalgia
Links for the day
Congratulations to Romania, Where Windows is Now "Minority Market Share" Platform
Time will tell if GNU/Linux can pass 5% on the desktop/laptop "form factor" there
Why It Matters That 4,000 Gemini Capsules Are Known to Lupa and Why Gemini Protocol Matters to Us
I have no doubt Gemini Protocol will continue to expand because it solves a real problem
Links 15/08/2024: Avast Surveillance Scandal Unsolved and Facebook Still Censors Terror Sympathisers
Links for the day
Daniel Cantarín's Response to Alexandre Oliva's Talk on Achieving Software Freedom in the Age of Platform Decay
Soylent News caught up with the series
4,000 Gemini Capsules
it's basically one capsule short of 4,000
"Microsoft is a Sponsor of The New Stack."
Many articles turn out to be just ads
New Highs for Android in Russia, But It's Reportedly Working on Its Own Linux-Based Operating Systems (GAFAM-Free)
statCounter isn't equipped to properly parse user agents or to keep up
Upcoming Series: Terms of Service (TOS) Under the Microscope, FSF Party, GitHub Scandals, Clowns, and More
Right now we have way more material than we have time to cover. But that's a good thing.
Gemini Links 15/08/2024: Lies of Therapy and Web Applications
Links for the day
Software Freedom in Perspective - Part 5 - When Richard Stallman Came to Argentina
It might seem a bit harsh, but a discussion at the end of this series will tie things together and explain why those things were said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 14, 2024
IRC logs for Wednesday, August 14, 2024
Russia develops an alternative to Android and iOS | News.az
Russia already has several of its own operating systems
Links 14/08/2024: Ecology and War Inside Russia
Links for the day
Daniel Pocock - Use of Technology in European Parliament Election Campaign (Public Talk)
It starts in 4 hours
Android About to Fly Past Windows in Portugal
Perhaps by month's end or next month Portugal will be orange (Android majority)
How OpenAI Will Decrease the Losses
You have no losses when you have no users left
Giving Control to Microsoft is Always a Dire, Huge Mistake
Microsoft is known for buying things and sabotaging things, not for creating things
Founders That Sell Their Company to Microsoft Speak Out
"Microsoft's closure of Arkane Austin in May was one of the more shocking events of the past couple of years"
In Chile, Microsoft's Web Browser (a Chrome Copycat) Fell to 3.6%, About the Same as Firefox and Opera and Less Than Safari, Yandex Browser, Google Chrome
It does not look like Chileans fancy Microsoft's browser. They go out of their way to use something else, even on Windows.
Software Freedom in Perspective - Part 4 - Daniel on Linux-based Mobile Platforms in LATAM (Latin America)
GNU, Linux, and mobile
Almost Nothing of Invidious Left Online (YouTube is Attacking Gateways)
what it looks like at this very moment
Gemini Links 14/08/2024: Funeral for an E-reader and a Mother Wants a Laptop
Links for the day
Links 14/08/2024: 8 Years of GDPR and Ridicule of "Hey Hi" (AI) Hype
Links for the day
This is How You Give Microsoft More Control Over LibreOffice Both as Software and as a Project
Didn't the Document Foundation learn from prior Microsoft Store scandals connected to LibreOffice?
"Heroes of Fedora" Are Just Salaried Employees of IBM (But "Community" is Just Sounding a Lot Nicer)
A real community would not allow IBM a majority
YouTube Has Thrown Free Software Users Into a Crisis
For many Free software users, who rely on Invidious, YouTube is nearly dead already
[Meme] "New Chapter in the FSF."
We expect to have some coverage from this week's event
There is No I in "GAFAM" and Soon There Won't be I At All (Like Novell Vanished, Not Overnight, as It Took Over a Decade)
Intel is going through the biggest crisis in its entire history
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 13, 2024
IRC logs for Tuesday, August 13, 2024
It's a "sm0l" World and It Won't Outsource to the Pentagon Anymore
As many people aren't interested in a new PC - or simply cannot afford one - we can expect leaner operating systems to gain further
Software Freedom in Perspective - Part 3 - GNU/Linux in Argentinian Desktops/Laptops
Daniel explains why many years ago many PCs shipped with GNU/Linux and that there was an economic reason for it. At least in Argentina.
Tivoisation and Decommodification in Clown Computing
Some firms or organisations lost sight of what "servers" or "hosting" even mean
The News Vacuum
The problem is worse than just an absence of reporting
x86 Lowered the Standards of Hardware Products
A lot of it is just hacks and cheats that help fake performance