Bonum Certa Men Certa

Challenging David Kappos, Seeking Accountability Over His Corporate Legacy as IBM/Microsoft 'Mole' Inside the U.S. Patent and Trademark Office

August (background): U.S. Patent and Trademark Office Has a Deep Revolving Doors Crisis (Former Officials Cashing in as Lobbyists and Private Sector Actors)

Kronborg Castle and fortress
Castles and fortresses of lawyers won't turn in their own



Summary: David Kappos is still active, he's still lobbying for software patents (IBM and Microsoft pay him to do this), so we're reporting him for conflict of interest (DC Bar, California Bar, and the New York State Bar Association)

THE other day we wrote about a bar complaint against Kappos, filed by a GNU/Linux user who was appalled by the Office requiring Microsoft formats, operating systems and so on. What made this more severe is the close ties -- ongoing ties -- between IBM and Kappos, who was at one point the head of the U.S. Patent and Trademark Office (USPTO) along with someone from Microsoft. Nowadays Kappos is a lobbyist of both IBM and Microsoft, lobbying in favour of software patents for the most part (even exploiting the pandemic to push that nefarious agenda, as if patents on software will miraculously make a virus go away).



"Nowadays Kappos is a lobbyist of both IBM and Microsoft, lobbying in favour of software patents for the most part (even exploiting the pandemic to push that nefarious agenda, as if patents on software will miraculously make a virus go away)."Earlier this week we received an update about this bar complaint against Kappos. The interesting part seems to be the persistent insistence that proprietary systems should be used. As our reader explained: "I'm trying to file electronically with the DC Bar, and the complaint form has 5 sections, and it won't allow me to advance past the 3rd section: Complaint Information. Most likely, the website doesn't work, because they don't want to receive any complaints. Or, maybe it knows I'm using Linux. So, I can print out a form and file through the post."

"New York actually has a rule [PDF] about "prolong[ing] the proceeding or...caus[ing] needless expense." Which is exactly what Kappos did. RULE 3.2. Delay of Litigation - In representing a client [he was representing IBM while at the USPTO, and Microsoft, too], a lawyer shall not use means that have no substantial purpose other than to delay or prolong the proceeding or to cause needless expense."

"New York has an on-line form you can complete and scan and then submit by e-mail, but they also require a paper submission." [PDF]

"Last week, as we've mentioned here before, a complaint was successfully filed in California (after the rules had been studied).""Given that the US system is so decrepit, and still relies on paper and post, it might be interesting to see how the lawyers deal with Kappos, and his "anti-paper, anti-post" dictatorship at the USPTO. Of course, lawyers protect themselves, so I don't really expect them to do anything."

Last week, as we've mentioned here before, a complaint was successfully filed in California (after the rules had been studied). But they managed to find a convenient formality by which to toss it out. Ignoring all substance.

"It didn't take California long to come up with a reason to protect Kappos," our reader said. "They used the statute of limitation excuse, saying they can't investigate things that are more than five years old. They were so fast because they would only have to read the first page of my complaint to see that Kappos's confirmation hearing was in 2009, and they probably stopped reading there."

"We'll try to document all those endeavours.""Maybe I'll try to argue with them. When I file complaints with New York and Washington, DC, I'll make some changes to try to eliminate the statute of limitation issue. Won't work, but why stop now."

These complaints help make a point and, shall they not be successful among the "protectors", in the public arena they can help sway opinion. We'll try to document all those endeavours.

Of course here in Europe we have an issue with EPO immunity; the US doesn't work the same way and Directors -- both past and present -- get sued all the time, including Michelle Lee quite recently.

Recent Techrights' Posts

Gemini Links 23/12/2025: Hydraulic Pressure Balance and mercury://
Links for the day
Techrights as 'Regulator' Against Runaway Trains
"Runaway trains" never scared us because we know that they, unlike us, don't think rationally
Social Control Media is Bots (Fake Traffic, Fake 'Engagement')
As per FORTUNE, 76% of Twitter is alleged to be bots now
"Major [IBM] Reductions Will Take Place Soon in Rochester MN"
Maybe that's just the latest office gossip
 
Serial Sloppers Lost Momentum, Sites With "Linux" in Their Name Barely Bother Anymore
Will 2026 be the year slopfarms jump the shark?
Gemini Links 23/12/2025: "The sun is shinning" and "problem in the Butlerian Jihad setup"
Links for the day
Links 23/12/2025: "Over 8,700 News Articles Censored in Turkey in 2024" and "Photos Are Being Deleted From the Epstein Files"
Links for the day
Links 23/12/2025: That ‘Satisfying Click’ and Security Lapses, Car Bomb Kills Russian Lieutenant General Fanil Sarvarov
Links for the day
Links 23/12/2025: GNU Taler 1.3, US Regime Censors Television Again
Links for the day
Valve Can Bring More Users to GNU/Linux, But It Won't Bring Freedom
Steam is DRM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 22, 2025
IRC logs for Monday, December 22, 2025
How the Slop (So-called 'AI') Bubble Will Burst Next Year
There are already talks about mass layoffs in January
"Generative AI Bubble Has Begun to Pop", Nvidia Rides “Circular Financing... a Strategy That Hearkens Back to the Dot-com Crisis”
For companies like Microsoft this may mean another 30,000+ layoffs next year
Microsoft-Connected Media Talking About XBox Division "Profit Margins" is Distraction From XBox Sales Collapsing 70% in One Year
The simple fact is, Microsoft's console is dead in the water
The Reality is "Vibe Code" (Slop) is That It's Worthless
“Confidently Wrong”
British Web Developers Can Probably Ignore Firefox Users (Based on US Standards)
Mozilla has managed to piss off enough people
On the 'Digital Gulag' of 'Secure Boot' and Microsoft Disguising Its Attacks on Users as "Security"
Dr. Andy Farnell has this new article
Slopfarms Can Only Survive in Google News, Which is Still Promoting Them
Google News promoted only 3 slopfarms today
Gemini Links 22/12/2025: Films, Creativity vs. Consumption, Slop in YouTube
Links for the day
Microsoft XBox Losing Money, Layoffs and Studio Shutdowns (As Well as Price Hikes) Not the Solution
Microsoft does not quite talk about profits
Links 22/12/2025: Data Breaches, deterioration in Politics, and Geminispace
Links for the day
Links 22/12/2025: North Korean Applicants Target GAFAM (Amazon), ‘Orwellian Climate of Fear’ of CPC (Even Outside China)
Links for the day
More IBM Layoffs in India
It's not as simple as "laid off to be replaced by an Indian"
GAFAM Deeply Connected to Jeffrey Epstein, Richard Stallman (RMS) in No Way Connected to Jeffrey Epstein
people who hoarded all the capital get to decide what people think and say
Linus Torvalds Has a Birthday This Coming Weekend, Thankfully He Still Controls His Main Project
GNU and Linux should remain under their control as long as they live
Mozilla is Getting Attention for All the Wrong Reasons, Take a Look at LibreWolf
Just last week Mozilla added a new top-level manager who (as usual) came from a "tech giant"
When Conformism Means Capitulation and Defeat
In an age of injustices like these, we all have some kind of moral obligation not to be conformist.
Text is Still King
But the so-called 'industry' insists that we should download 10 MB of objects from multiple domains... even just to read 5-10 paragraphs of text
Links 22/12/2025: Facebook "Testing $14.99 Monthly Subscription Fee to Post Links" and "Middle East Petrostates as American Media Owners"
Links for the day
Beyond the World Wide Web (WWW)
We continue to treat Gemini Protocol as a first-class citizen
Serbia: GNU/Linux Rises, Windows Down to All-Time Lows
According to statCounter
"Wrestling With Pigs"
"Never wrestle with a pig. You both get dirty, and the pig likes it."
Productive Year and Better Access to Techrights' Archives Going Back to 2006
we've long needed and wanted native, local, independent search facilities
Linux Abandoned by Linux Foundation
It speaks for Microsoft and for so-called 'AI' companies
Microsoft Has Practically Given Up on XBox Already
Expect many XBox related layoffs when 2026 starts (Q1)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 21, 2025
IRC logs for Sunday, December 21, 2025
"Today's [Red Hat] is run by a cabal of vultures."
it seems safe to assume Red Hat too will languish away
Microsoft Layoffs in 2026 Can be Bigger Than 2025 Microsoft Layoffs (30,000+ Workers Laid Off)
"Is there going to be any reorg or Microsoft layoffs?"
Gemini Links 21/12/2025: Solstice, Chaos of CSS, and Program Interpreter Fun
Links for the day
The Free Software Foundation (FSF) Represents People, Not Corporations
FSF isn't in the "business" of appeasing oligarchs
Why?
Why write articles?
Microsoft-Connected Publisher Spinning XBox's Death Spiral (It's Dying Fast) as a Strength and Something Deliberate
"Microsoft’s big gaming pivot"
Slop is Rare by Now
A year ago slop was so abundant that we did a whole series about it, and it was daily
Links 21/12/2025: U.S. Strikes in Syria, "Epstein Files Photos Disappear From Government Website"
Links for the day
Gemini Links 21/12/2025: Labrador Retriever of Lagrange's Developer Dies From Cancer, Political Philosophy, and "Getting to Inbox Zero"
Links for the day
IBM: We Can't Make 'AI' (Voice Recognition) Do the Work of a McDonald's Teenager, So Let's Try the Same on Saudi Planes
IBM is lost. It's truly lost.
Microsoft is Becoming Irrelevant: The Case of Georgia
Not Georgia Tech
Sirius Open Source is Now Imminently Dead (Struck Off)
compulsory strike-off
Dr. Richard Stallman, Invited by LibreTech Collective, is Giving a Public Talk in Georgia Tech Next Month (Scheller College of Business)
They can probably squeeze about 400 people into this room
25 Years of Activism for GNU/Linux
My passion for GNU/Linux brought a lot of contentment
Africa, Where Microsoft Used De Facto Slaves to Pretend to be "AI", Chatbots Usage is 0.2% of Measured Online Traffic
Judging by recent trends in Africa, many "Windows PCs" are being converted into GNU/Linux computers
New Drone Footage Shows IBM is Dead (Parts of It)
The people who participated in IBM when IBM actually mattered probably have boasting rights, unlike people who work for IBM today
Michael Larabel Adds Slop Category to Phoronix, Quickly Realises That It's Worthless
Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)
After 35 Years the World Wide Web, HTML, and HTTP Are Proprietary
HTTP/2 added a lot of complexity (it's just a Google protocol, based on SPDY originally), many image formats are proprietary and patented, HTML got 'replaced' by Java-Scripts [sic], and many URLs (the URL system was created in the early 90s) are just long strings for proprietary 'webapps'
The General Public License (GPL) Inspired the Web's Original Openness/Freedom, According to Tim Berners-Lee
"During the preceding year I had been trying to get CERN to release the intellectual property rights to the Web code under the General Public License (GPL) so that others could use it."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 20, 2025
IRC logs for Saturday, December 20, 2025