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

Inviting the Founder of GNU/Linux to Events (It Only Costs His Travel Expenses) and Recalling the True Origins
It's reassuring to see belated recognition
The Microsofters Have Just Shared Privileged Trial Data With Microsoft
There are serious ramifications for liability accountability as Microsoft salaries sponsor these SLAPPs
Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
 
Microsofters Have a Long History Trying to Take Down Techrights by Sending Threats to Webhosts
picking on women
Links 18/05/2025: Science, Censorship and European Commission Taking on Monopoly Abuse by Microsoft
Links for the day
Gemini Links 18/05/2025: Šibenik and SFJAZZ Historical Archive
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 17, 2025
IRC logs for Saturday, May 17, 2025
Links 17/05/2025: Microsoft Kills "Surface Laptop Studio" (More Canceled Products/Units), Groups Caution About Harms of Social Control Media
Links for the day
Gemini Links 17/05/2025: Sympathy Algorithm and SSH on Alternative Ports
Links for the day
Slopwatch: Microsoft's Anti-Linux Propaganda and Cover-up, Slopfarms Clogging Up Google News
slop-tracking activities that observe googlebombing of "Linux"
AstroTurfing by IBM in thelayoff.com is Highly Risky (and Likely Outsourced)
Microsoft did this in Reddit (and got caught), so why won't IBM too?
Links 17/05/2025: Stabber of Salman Rushdie Sentenced to 25 Years in Prison
Links for the day
Gemini Links 17/05/2025: Happier on Gemini and Manipulating Reddit
Links for the day
ComEd and Microsoft: A Mess of Spaghetti Held Together By Circus Clowns
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 16, 2025
IRC logs for Friday, May 16, 2025
Links 16/05/2025: Microsoft Sacks Pregnant Women, People Fired on Their Birthday; Adobe Censorship Failing
Links for the day
Gemini Links 16/05/2025: "Repairing Our Way out of Commodity Fetishism" and Pre-librebooted Computers
Links for the day
[Video] IBM Shakes Hands of Prince Mohammed bin Salman
handshake of loyalty
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025