Bonum Certa Men Certa

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

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.

Recent Techrights' Posts

Techrights Was Months Ahead of "XBox" News (Mass Layoffs)
Next: end of XBox as a console
More Commentary on June 2026 IBM Layoffs and Why They Happen
It sounds a lot like what happened to the EPO
The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
 
Sonny Piers Finally Spills the Beans on GNOME Cover-up, Points Finger at Robert McQueen, Misusing "Defamation" to Silence Critics of Wrongdoing
Robert McQueen, who is extremely connected to Garrett (they share digital nests)
European Patent Office (EPO) Series: Transcending Partisan Rivalry in the National Interest
Up until now, Campinos has generally been regarded as a Portuguese "asset" on the international stage
Gratitude to Whistleblowers or Sources of Techrights
Whistleblowers are what makes journalism work
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy
Gemini Links 10/06/2026: Signal to Noise, Cancer, and Permacomputing
Links for the day
Links 10/06/2026: More Microsoft Layoffs, Sweden to "Ban Mobile Phones in Schools"
Links for the day
Communities and "Prosumers."
today's meetup will be about community
Gemini and Gopher Links 10/06/2026: Roasting, Changes, and Harms of Slop
Links for the day
Microsoft Azure Shrinking With More Mass Layoffs
"Reports suggest the layoffs will impact close to 200 out of 400 workers, who are set to cease employment at Azure on July 6"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 09, 2026
IRC logs for Tuesday, June 09, 2026