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

06.15.14

Openwashing With Patent Pledge Nonsense: Tesla Merely Gives Back What it Took Away

Posted in Deception, Free/Libre Software at 9:05 am by Dr. Roy Schestowitz

Tesla

Summary: Elon Musk from Tesla Motors claims to be ‘sharing’ inventions, but the true motivations are far less benign than it seems on the surface (if not malicious)

WE HAVE been patiently watching “Linux” and “Open Source” feeds filling up with something that is not related to software but claims to be inspired by “Linux” and “Open Source”. It’s some marketing stunt from Tesla, which got the attention of OS (Open Source) Vehicle (another openwashing attempt).

The post says: “Is this a marketing stunt?

“I don’t think so. This can be a genuine effort from one of the visionaries of the silicon valley, one of the most advanced companies on earth, taking finally into account that – by having a value proposition targeted at a customer segment that is pretty small, mostly made by wealthy people most of them living in the US. You can’t really change the world for the better in a short enough amount of time (do you remember we have only less than 6000 days? – look at this).

“As you may also know, Tesla is developing a pretty cool new technology for batteries and it’s probably sure that having other big automotive brands producing cars based on their technology, their batteries will be able to target a bigger market and – at the end – achieve a bigger transformation effect on automotive.”

But why were these patented in the first place? And if these were not patented, would Tesla be able to make a fuss about the so-called ‘giveaway’?

The post goes on: “But if Tesla really wants to scale up its contribution, it must work towards the real adoption of the technological solutions that it is making available, it must switch from a product approach to a platform approach and – in a way that is similar to what we are doing – needs to engage with the community, understand how these technologies can be used and are going to be used and make efforts to ensure that every player in the market will have the same access, an access that is clear in terms of rights, obligations and implications.

“Also, an open source (patents) car will work in the future only if it’s accompanied by an open and distributed manufacturing process, that is able to include multiple stakeholders and be based on a more participative value chain, also embedding the principles of Cradle to Cradle production, eliminating waste and obsolescence.”

We were preparing a long article about this whole marketing exercise that’s basically openwashing the company using the disgraced notion of “opened” patents. IBM, HP and other companies have been using this marketing exercise before. It’s utterly pointless and we have countered it repeatedly. Why are so many journalists bamboozled, including FOSS-friendly ones? Here is one key person from Canonical stating: “When I get home, I’m going to take down a plaque that has proudly hung in my own home office for nearly 10 years now. In 2004, I was named an IBM Master Inventor, recognizing sustained contributions to IBM’s patent portfolio.”

Further down he says: “I’ve never been more excited to see someone back up their own rhetoric against software patents, with such a substantial, palpable, tangible assertion. Kudos, Elon.”

But Elon did not revoke the patents, he just claimed to be sharing them (in a pseudo-geeky way with a famous meme). That’s a very different thing. It’s the same thing that IBM claims to be doing with OIN, among other strategic marketing angles.

Shameless here is the type of free marketing newspapers gave Tesla, characterising a patent hoard (followed by openwashing) as some kind of championship of FOSS. The PR nonsense audaciously uses the term sharing, even though it’s all about profit. They are selling patents as a form of marketing, creating dependence on their technology. Elon Musk, the CEO, has been getting far too much credit and publicity here; it’s rather familiar because all sorts of patent ‘pledges’ by HP and IBM are worse than useless and his is no better. Those two companies lobby for software and try to make it look OK. Likewise, Tesla is patenting all sorts of things and now makes the patents looks legitimate by ‘sharing’ them (whatever that means). It’s the Robin Hood mentality or the doctrine of ‘charity’, where rather than establishing social equality one works vertically, by giving from top to bottom, selectively, upon one’s will and supposed ‘generosity’. As long as there are patents on things like these, lawsuits will continue to harm small companies. “Heavy patent litigation scared off about $22 billion in VC funding over 5 years,” said this one new article, and it is one among many.

The press that Tesla received extends to other countries and resorts a to pathetic cocky attitude that uses metaphors (“Handing Over the Keys”) for openwashing or the notion that Telsa is “contrarian” and “open source” (“the open source movement”).

One decent response to the marketing from Tesla came from Jan Wildeboer, who wrote:

Thank you, Tesla Motors For The Patents, but …

Here’s the thing. Elon Musk doesn’t trust the patent system to protect his inventions. So instead of filing for more, he will simply not file at all and keep his inventions secret. The stuff that already got patented thus is already considered lost by him so it is safe to “open source” them all.

When will the press finally ‘get’ Tesla’s real reasons for doing this? It’s about self interest; Tesla would get sued by shareholders otherwise.

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

What Else is New


  1. 'Financial Director' Publishes Fake News About the Unitary Patent (UPC)

    Response to some of the latest UPC propaganda, which strives to misinform Financial Directors so as to enrich the author and his firm



  2. Independent and Untainted Web Sites About Patents Are Still Few and Rare

    Commentary about news sources that we rely on, as well as the known pitfalls or the vested interests deeply ingrained in them



  3. The 20% Rule: Patent Trolling Suffers Double-Digit Declines and Patent Troll Technicolor is Collapsing

    Significant demise or total catastrophe for the modus operandi (method) of going after companies with a pile of patents and threats of litigation



  4. US Supreme Court Did Not End Apple's Patent Disputes Over Android (Linux), More Cases Imminent

    An overview of some very recent news regarding the highest court in the United States, which has been dealing with cases that can determine the fate of Free/Open Source software in an age of patent uncertainty and patent thickets surrounding mobility



  5. Links 15/1/2017: Switching From OS X to GNU/Linux, Debian 8.7 Released

    Links for the day



  6. Number of New Patent Cases in the US Fell 25% Last Year, Thanks in Part to the Demise of Software Patent Trolls

    Litigation and prosecutions that rely on patents (failure to resolve disputes, e.g. by sharing ideas, out of court) is down very sharply, in part because firms that make nothing at all (just threaten and/or litigate) have been sinking after much-needed reform



  7. America Invents Act Improved Patent Quality, But Right Wingers Threaten to Make It Worse Again

    The past half a decade saw gradual improvement in assessment of patents in the United States, but there is a growing threat and pressure from the patent microcosm to restore patent maximalism and chaos



  8. PTAB -- Not Deterred by Courts -- Continues to Invalidate a Lot of Software Patents

    The Patent Trial and Appeal Board (PTAB) continues to make progress reforming the patent system by eliminating a lot of patents and setting an example (or new standards) for what is patent-eligible after Alice



  9. EPO Abuses Come Under Fire From Politicians in Luxembourg

    Luxembourg is the latest nation in which concerns about the EPO's serious abuses are brought up not only by the media but also by politicians



  10. Constitutionality as a Barrier and Brexit Barriers to UPC Keep the Whole Pipe Dream Deadlocked

    The UPC is still going nowhere fast, but the demise (or death) of the UPC as we know it must not be taken for granted



  11. Links 14/1/2017: Wine 2.0 RC5 and AryaLinux 2017 Released

    Links for the day



  12. Links 13/1/2017: Linux 4.9.3 and Linux 4.4.42

    Links for the day



  13. Brexit Means No UPC (Unified Patent Court)

    Now that Jo Johnson, Boris Johnson's brother, is officially declared the new minister for intellectual property in the UK everything that Lucy Neville-Rolfe wrote is as solid as paper bag on a rainy London day



  14. Patent Trolls and Software Patents: CloudTrade, Patent Practitioners Density, and Via Licensing

    Software patents armament from a British company, charted concentration of the patent microcosm in the United States, and US-leaning patent trolls that prey on China



  15. Patent Maximalism -- Like Copyright Maximalism -- Relies on Misconceptions and Mass Deception

    The latest examples of discussions about patent scope, courtesy of those looking to benefit financially by pushing such monopolies to the max



  16. Software Patents Still Promoted by IBM and Its Lobbyist (and Former Employee) David Kappos, in Defiance of Much-Needed US Patent Reform

    While the corporate media celebrates IBM as though it's some kind of 'champion' for hoarding patents that it then uses to attack companies which actually grow



  17. Brexit/Trump Effect: Patent Systems With Institutional Corruption and Nepotism

    Rumours about Britain's head of patents (and copyrights etc.) being the brother of the Brexit campaigner and Foreign Minister; meanwhile, on the other side of the Atlantic, rumours suggest that the corrupt judge Rader might be the next head of patents in the United States



  18. Links 11/1/2017: X.Org Server 1.19.1, GitHub's Atom 1.13

    Links for the day



  19. The Patent Microcosm is Already Sucking up to Donald Trump in an Effort to Enrich Itself at Everyone's Expense

    Four new examples of patent maximalists embracing/adopting the pseudo-populist slogan to advance their goals of increasing litigation (which they profit from) and undermining PTAB (which made patents great in the quality sense)



  20. Patent Quality in the United States Can Only be Assessed at the Patent Trial and Appeal Board (PTAB) and the Courts

    The travesty of patent offices in the US and China, where the goal or the accomplishment is measured in terms of the number of patents rather than their quality



  21. Gradual Collapse of Microsoft's Extensive (and External) Patent Trolling Operations

    The President of Microsoft Technology Licensing LLC (patent troll) leaves and the founder of Intellectual Ventures, Microsoft's largest peripheral patent troll, joins Sherpa Technology



  22. No End to Battistelli's Witch-hunts Against the Media, Against Staff, and Against Politicians

    Rumours about the fate of people who are (or have been) criticising Battistelli's reign of terror at the EPO



  23. Links 10/1/2017: Synfig 1.2, Kodachi Linux 3.7

    Links for the day



  24. With Help From the US Supreme Court (Key Cases), Patent Trolls Are Going Away

    The demise of patent trolls in the United States, a trend partly attributable to Alice and other Supreme Court decisions, will likely accelerate soon (later this year) as the future of the Eastern District of Texas courts is at stake



  25. Patent Maximalism on Display: Patent Aggressor IBM Celebrated in the Media

    The patent lust at IBM, which is suing if not just shaking down companies using software patents, earns plenty of puff pieces from the corporate media



  26. FFPE-EPO, the EPO Management's Pet/Yellow Union, Helps Union-Busting (Against SUEPO) in Letter to Notorious Vice-President

    In a letter to Elodie Bergot (as CC) and Željko Topić, who faces many criminal investigations, FFPE-EPO ringleaders reveal their allegiance not to EPO staff but to those who perpetually attack the staff



  27. Links 9/1/2017: Civilization VI Coming to GNU/Linux, digiKam 5.4.0 Released

    Links for the day



  28. Links 9/1/2017: Dell’s Latest XPS 13, GPD Pocket With GNU/Linux

    Links for the day



  29. Update on Patent Trolls and Their Enablers: IAM, Fortress, Inventergy, Nokia, MOSAID/Conversant, Microsoft, Intellectual Ventures, Faraday Future, A*STAR, GPNE, AlphaCap Ventures, and TC Heartland

    A potpourri of reports about some of the world’s worst patent trolls and their highly damaging enablers/facilitators, including Microsoft which claims that it “loves Linux” whilst attacking it with patents by proxy



  30. Mark Summerfield: “US Supreme Court Decision in Alice Looks to Have Eliminated About 75% of New Business Method Patents.”

    Some of the patent microcosm, or those who profit from the bureaucracy associated with patents, responds to claims made by Techrights (that software patents are a dying breed in the US)


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