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. EPO Caricature: Battistelli's Wall

    Battistelli's solution to everything at the EPO is exclusion and barriers



  2. The 'New' Microsoft is Still Acting Like a Dangerous Cult in an Effort to Hijack and/or Undermine All Free/Open Source Software

    In an effort to combat any large deployment of non-Microsoft software, the company goes personal and attempts to overthrow even management that is not receptive to Microsoft's agenda



  3. PTAB Petitioned to Help Against Patent Troll InfoGation Corp., Which Goes After Linux/Android OEMs in China

    A new example of software patents against Free software, or trolls against companies that are distributing freedom-respecting software from a country where these patents are not even potent (they don't exist there)



  4. Links 20/2/2017: Linux 4.10, LineageOS Milestone

    Links for the day



  5. No, Doing Mathematical Operations on a Processor Does Not Make Algorithms Patent-Eligible

    Old and familiar tricks -- a method for tricking examiners into the idea that algorithms are actual machines -- are being peddled by Watchtroll again



  6. Paid-for UPC Proponent, IAM 'Magazine', Debunked on UPC Again

    The impact of the corrupted (by EPO money) media goes further than one might expect and even 'borrows' out-of-date news in order to promote the UPC



  7. Lack of Justice in and Around the EPO Drawing Scrutiny

    The status of the EPO as an entity above the law (in Germany, the Netherlands, Switzerland and so on) is becoming the subject of press reports and staff is leaving in large numbers



  8. Links 19/2/2017: GParted 0.28.1, LibreOffice Donations Record

    Links for the day



  9. The EPO is Becoming an Embarrassment to Europe and a Growing Threat to the European Union

    The increasingly pathetic moves by Battistelli and the ever-declining image/status of the EPO (only 0% of polled stakeholders approve Battistelli's management) is causing damage to the reputation of the European Union, even if the EPO is not a European Union organ but an international one



  10. Patent Misconceptions Promoted by the Patent Meta-Industry

    Cherry-picking one's way into the perception of patent eligibility for software and the misguided belief that without patents there will be no innovation



  11. As the United States Shuts Its Door on Low-Quality Patents the Patent Trolls Move to Asia

    Disintegration of Intellectual Ventures (further shrinkage after losing software patents at CAFC), China's massive patent bubble, and Singapore's implicit invitation/facilitation of patent trolls (bubble economy)



  12. Links 17/2/2017: Wine 2.2, New Ubuntu LTS

    Links for the day



  13. Bad Advice From Mintz Levin and Bejin Bieneman PLC Would Have People Believe That Software Patents Are Still Worth Pursuing

    The latest examples of misleading articles which, in spite of the avalanche of software patents in the United States, continue to promote these



  14. Patents Are Not Property, They Are a Monopoly, and They Are Not Owned But Temporarily Granted

    Patent maximalism and distortion of concepts associated with patents tackled again, for terminology is being hijacked by those who turned patents into their "milking cows"



  15. SoftBank Group, New Owner of ARM, Could Potentially Become (in Part) a Patent Troll or an Aggressor Like Qualcomm

    SoftBank grabbed headlines (in the West at least) when it bought ARM, but will it soon grab headlines for going after practicing companies using a bunch of patents that it got from Inventergy, ARM, and beyond?



  16. Technicolor, Having Turned Into a Patent Troll, Attacks Android/Tizen/Linux With Patents in Europe

    Technicolor, which a lot of the media portrayed as a patent troll in previous years (especially after it had sued Apple, HTC and Samsung), is now taking action against Samsung in Europe (Paris, Dusseldorf and Mannheim)



  17. Michelle Lee is Still “in Charge” of the US Patent System

    Contrary to a malicious whispering campaign against Lee (a coup attempt, courtesy of patent maximalists who make a living from mass litigation), she is still in charge of the USPTO



  18. Our Assessment: EPO Wants a Lot of Low-Quality Patents and Low-Paid Staff With UPC (Prosecution Galore)

    The European Patent Office seems to be less interested in examination and more interested in facilitating overzealous prosecution all across Europe and beyond; The Administrative Council has shown no signs that it is interested in profound changes, except those proposed by Battistelli in the face of growing resistance from staff and from ordinary stakeholders



  19. Links 16/2/2017: HITMAN for GNU/Linux, Go 1.8

    Links for the day



  20. Yet More Complaints About the European Patent Office in the Bavarian Regional Government

    Some German politicians do care about the welfare of EPO staff, a lot more so than the EPO's management that is actively crushing this staff



  21. EPO Staff Representatives to Escalate Complaint About Severe Injustices to the EPO's Secretive Board 28

    In a new letter to President Benoît Battistelli it is made abundantly apparent -- however politely -- that Battistelli's gross abuses could further complicate things for Battistelli, who is already embroiled in a fight with his predecessor, Roland Grossenbacher



  22. New Survey Reveals That High Patent Quality, or Elimination of Bad Patents, is Desirable to Patent Holders

    A new survey from Bloomberg BNA and AIPLA reveals that the Patent Trial and Appeal Board (PTAB), which still grows in prominence, is supported by people who have themselves gotten patents (not those who are in the bureaucracy of patents and self-serving politics)



  23. Open Patent Office is Not the Solution; Ending Software Patents is the Solution

    Our remarks about the goals and methods of the newly-established Open Patent Office and what is instead needed in order to combat the menace that threatens software development



  24. New Scholarly Paper Says “UK’s Withdrawal From the EU Could Mean That the Entire (Unitary Patent) System Will Not Go Into Effect”

    A paper from academics -- not from the patent microcosm (for a change) -- provides a more sobering interpretation, suggesting quite rightly that the UPC can't happen in the UK (or in Europe), or simply not endure if some front groups such as CIPA somehow managed to bamboozle politicians into it (ratification in haste, before the facts are known)



  25. Patent Trolls Update: Rodney Gilstrap Maintains His Support for Trolls, MPEG-LA Goes Hunting in China, and Blackberry Hits Nokia

    A roundup of the latest news about patent trolls and what they are up to in the United States, Europe, and Asia



  26. Guest Post: EPO, an Idyllic Place to Work

    The true face of the EPO as explained by an insider, recalling the history that led to the negative image and toxic work atmosphere



  27. Links 15/2/2017: Linux 4.9.10 and Linux 4.4.49

    Links for the day



  28. Claude Rouiller (ILOAT) and ILO Rulings Effectively Disregarded by the European Patent Office

    The compositions of kangaroo courts at the EPO continue to be absurd, in spite of a ruling from the International Labour Organisation (ILO), which insisted that change must be made following a lot of mistrials



  29. National Law Journal Believes That Gorsuch as Supreme Court Justice Would be Opponent of Patent Reform

    Whispering campaign surrounds Neil Gorsuch's alleged or perceived views on patents, and in particular the America Invents Act (AIA) which brought the Patent Trial and Appeal Board (PTAB), a serial invalidator of software patents, owing to Alice (a Supreme Court decision)



  30. Center for Intellectual Property Understanding (CIPU) is a Lobby Group for Software Patents and Patent Maximalism

    An introduction to what the Center for Intellectual Property Understanding really is, what it is for, and who is behind it


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