Bonum Certa Men Certa

Culture of Litigation Versus Business, Innovation, and Production

Law school dropout relies on lawyers, legal loopholes

Goodfellas



Summary: Notable new challenges to software patents advocacy from lawyers (the fox in the hen house)

TOP journal Nature has a new article from Joshua M. Pearce, who protests against nanotechnology patents and names Linux/FOSS for backing of his assertion that patents only slow down progress. In that sense, Pearce put forth the idea that software patents -- by inference -- slow things down. For corporations whose ultimate goal is to increase income this whole dimension called progress is secondary. It leads to the innovator's dilemma, so it can actually reduce income. Disruption requires making new machines, for example. The lifetime of cash cows is lessened. This is why managers might never like progress, unless it is truly necessary for survival in the market. Managers can also hire lawyers who specialise in how to use patents to artificially slow down progress, by getting granted monopolies on certain essential processes. Patents also help raise the price of products, which can in turn help income, at customers' expense of course.

The class of managers and patent lawyers has become the anathema of scientists, whose main goal is to improve knowledge or products/programs, which they believe can improve income too. Software does not require machines for manufacturing/copying, so the innovator's dilemma does not quite apply. Why is it that some people still try to impose software patenting on everyone? Clearly, such people care neither about business nor science. They are not business(wo)men or scientists, they are leeches. So why is it that in an online debate in Wired there were so many law professionals talking about software patents? One of them, Duffy, was one among perhaps half a dozen. As we pointed out repeatedly, there too many law professors in Wired and hardly any programmers like Stallman (he was the only one). We see this again and again. It's like a stacked panel. How about a forum or a series with actual software professionals and not career lawyers? Who is affected the most by such patents?

Stallman, a programmer by trade (he turned into an activist), shatters the claims made by Duffy, the law professor. A troll patents-hostile author covered it:

The large, bearded man bounded to the front of the room last Friday, hand thrust into the air, fingers shaking. It was a question-and-answer session, but he clearly wouldn't be able to wait long. He began speaking just before a conference organizer moved to hand him the microphone.

"So many stupid insults—and mistakes!" shouted Richard Stallman, the father of the free software movement. "I proposed a way to solve the problem! It's elegant, and it gets right to the point. Your criticisms are completely wrong."

The speaker he was denouncing, Professor John Duffy of the University of Virginia, had been defending software patents to the assembled crowd a moment ago. Duffy was actually proposing reforms, but as was the case with most speakers at this legal conference, Duffy's reforms weren't quite what Stallman was looking for. He was looking for a "safe harbor" for software—essentially, a total ban on any patents that touched on software.

Duffy raised the specter that some things might not be invented at all without patents, in software and other fields. "The only thing worse than a patented technology that burdens the public is not having a technology at all," he said. Sure, some software patents were a pain, but others were protecting important work. "The question is, will you get very serious research that is patent-motivated? Speech recognition, for example, is very patent-intensive."

In Stallman's view, the idea that society might be able to eliminate "bad patents" while keeping good ones is a kind of Jedi mind trick. Offering patents as a reward for software development—a system where the prize is a right to shut down someone else—is fatally flawed.


The "bad patents" party line is also advanced by Red Hat lawyers and lawyers who run a patent front for companies like IBM (e.g. OIN, USPTO). It's no good taking their advice because they defend their own occupation, which is not software development. Georg C. F. Greve was at an event this morning where legal people pushed software patents into FOSS (IBM style), under the "OSSFRAND" banner. Here are Greve's dents from the sessions. They are self explanatory really:

  • Chief economist of #EPO, Nikolaus Thumm, explains patents are supposed to grow public domain of knowledge at http://is.gd/jHZLko #OSSFRAND


  • This might be a good time to work of #WIPO at SCP/12 and SCP/13 on the economic rationale of patenting: http://is.gd/e6S1uy #OSSFRAND


  • Iain G. Mitchell: "FRAND is smoke and mirrors... but what does it mean?" Points out that "agreeing on fair forms no contract" #OSSFRAND


  • Provides example of how Nokia and Apple disagreed on what is "fair" and had to have the courts sort it out. #OSSFRAND


  • ...and explains how that can subvert standard setting by retracting the offer after the fact. Except in Scotland & Romania #OSSFRAND


  • FUD from Siemens: "Open Source is not free, you have to comply with the license, I cannot just do what I want with your software!" #OSSFRAND


  • Does this mean I am entitled to do whatever I please with Siemens software? ;) #OSSFRAND


  • (Paraphrasing) France Telecom: "I will render my presentation pointless by ignoring the basic definitions of terms I am using." #OSSFRAND


  • Microsoft dropping its 'but we're now open and collaborative' mask at #OSSFRAND


  • France Telecom sent a stand up comedian to #OSSFRAND: "Why would a large patent holder try to enforce patents on small companies?"




Kevin Drum, in response to the nonsense from Kappos, IBM's keeper of the patent cartel, writes the following after quoting Timothy B. Lee's article

A World Without Software Patents Would Be a Perfectly Good World



[...]

We already know what would probably happen if software patents didn't exist. That's because, for the most part, they didn't exist until the early 70s, and thanks to fights between the courts and the patent office, they didn't become common until the late 80s. And yet, the era from the 50s through the 80s was about as dynamic and innovative as you could possibly imagine. Lack of patents simply doesn't seem to have had the slightest effect on the growth of the software industry.

The world is different today, of course. But I see little evidence that software patents are any more necessary now than they were during the adolescence of the computer industry. Rather than spurs to genuine innovation, they've evolved into little more than virtual armaments that big companies use to fight virtual wars with each other. And virtual wars are no better for economic growth than real ones. Honestly, it's long past time for software patents to be put out of their misery and for software companies to focus their attention on inventing new stuff, not wasting countless man-hours of time building defensive patent portfolios with no real-world value aside from providing protection against other companies who are building their own defensive patent portfolios for the same reason. This particular arms race got out of hand a long time ago.



Some scholars argue that all patents -- not just software patents -- should be deprecated.

Comments

Recent Techrights' Posts

SLAPP Censorship - Part 86 Out of 200: The Position of Courts on Computer-Generated Lawsuits and Filings From Another Continent (Made by Two Men Who Work for Slop Companies)
Lawsuits by proxy from California
 
A Promise IBM/Red Hat Could Not Keep
"all about control, not so much optics."
Links 25/05/2026: Russia Lobbing Oreshnik Ballistic Missile Again, Slop Comes Under More Fire
Links for the day
Gemini Links 25/05/2026: Injury in Gym and Abusive LLMs DDoSing Software Developers While Misusing Their Code
Links for the day
A 'Bank Holiday' When National Debt Doubles in a Decade
Maybe it's time to rename "Bank Holidays"
Links 25/05/2026: Lingering Environmental Concerns and Domain Registrars Targeted for Unmasking
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 24, 2026
IRC logs for Sunday, May 24, 2026
Gemini Links 24/05/2026: Impressions of Auckland, the Age of Left or Right Extremism, and .zim files
Links for the day
Microsoft's 'Hiring Freeze' (Layoffs) and Salary Freeze (While Inflation Approaches Double-Digit Rates)
If they get replaced by anyone, it'll be low-paid folks in low-salary regions [...] workers' stress levels shoot up, compensation goes down
Slop Will Not End Humanity, The Pushers of It Do (Artificial Scarcities and Global Warming)
Causing hunger and poverty in the name of "computation"
How Can the 'Broligarchs' Love Us When They Don't Even Love Themselves?
Their SLAPPs have their limits
Death at IBM Due to Overwork
Dying for IBM is never worth it
We Publish Less, We Get More Exposure
UbuntuPit is coming to realise that quantity isn't what comes to matter or truly "count", especially when quantity comes at expense of authenticity
Codecs and Software Patents - Part IX - GNU Project Has Chosen to Adopt AV1 for Its Videos, Conversion and Additions Underway
One of our readers is working to help GNU through the maze of software patents and maze of patent lawsuits, which aren't the same thing but are somewhat overlapping issues
Links 24/05/2026: SoftBank CEO Getting Conned by Scam Altman, Hotter 2026 and El Nino With Growing Impact
Links for the day
Links 24/05/2026: Ebola Outbreak and "Journalists Identify Murder Victims Of Trump’s Boat Strike Program"
Links for the day
IAM Magazine is in Effect Dead, It's Now Fused Into Microsoft's Patent Troll (Which It Has Promoted All Along)
Microsoft-connected patent trolls in Europe [...] Now, in his new job, Wild can use his 'expertise' to help guide blackmail/extortion to better harm Europe's industry
A Huge Proportion of 'Articles' in The Register MS Are Actually Paid Spam of the Communist Party of China, Selling Compromised (for Wiretapping) Technology
The Register MS is having a go at becoming a marketing company or "B2B"
Top Officials Have Just Left Microsoft, Layoffs in Anything But Name
Microsoft's debt is very fast-growing
Local Staff Committee The Hague (LSCTH) Meets "Alicante Mafia" at the European Patent Office (EPO)
Report on meeting with VP1 and his team on 21 April 2026
UbuntuPit (ubuntupit.com) Has Deleted Slop Pages, Its Slopfarm Experiment Has Failed (Like Always!)
Turning one's site into a slopfarm is a death knell
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 23, 2026
IRC logs for Saturday, May 23, 2026
The "Next Big" Bonus for IBM's CEO Apparently Comes From American Taxpayers While Veteran IBMers Are PIP'd and RA'd (Laid Off)
the next big thing will be the CEO's bonus
Links 23/05/2026: Starbucks Scraps Disastrous Slopfest, Colbert’s Final ‘Late Show’
Links for the day
Gemini Links 23/05/2026: Poetry, Hobbies, ROOPHLOCH, and More
Links for the day
Government Bailouts Won't be Enough to Save IBM
Bailouts from taxpayers in the US
Links 23/05/2026: Social Media Bans and Demise of Userbase of LLM Chatbots
Links for the day
Legal Letters Are Not Postcards
It seems like intimidation, nothing more
SLAPP Censorship - Part 85 Out of 200: The United Kingdom's Rating for Press Freedom Has Improved, But We Can Do Even Better
we see the US at #64
Sites Realise That Becoming More Active by Using Bots (LLM Slop) is Self-Destructive
We'll soon (maybe next year) also show that some of the 85+ KG of legal papers sent our way are computer-generated garbage, which might run afoul of some rules
European Patent Office (EPO) Strikes Persist, EPO Management Tries to Give False Impression of "Happy Staff"
EPO is trying to broadcast to the world a totally phony image of itself
Gemini Links 23/05/2026: Patience, LLM Chatbts Being Bad, and Unexpected Computer Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 22, 2026
IRC logs for Friday, May 22, 2026