Bonum Certa Men Certa

Standards and Patents - From Victim and Skeptic to Attacker and Abuser

The New York Times has published an article which is making some big waves at the moment, even though it does not contain any new information.

Microsoft sang a very different tune in 1991. In a memo to his senior executives, Bill Gates wrote, "If people had understood how patents would be granted when most of today's ideas were invented, and had taken out patents, the industry would be at a complete standstill today." Mr. Gates worried that "some large company will patent some obvious thing" and use the patent to "take as much of our profits as they want."


For your reading pleasure, here is a larger fragment of the text which the author referred to.

PATENTS: If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today. I feel certain that some large company will patent some obvious thing related to interface, object orientation, algorithm, application extension or other crucial technique. If we assume this company has no need of any of our patents then the have a 17-year right to take as much of our profits as they want. The solution to this is patent exchanges with large companies and patenting as much as we can. Amazingly we havn’t done any patent exchanges tha I am aware of. Amazingly we havn’t found a way to use our licensing position to avoid having our own customers cause patent problems for us. I know these aren’t simply problems but they deserve more effort by both Legal and other groups. For example we need to do a patent exchange with HP as part of our new relationship. In many application categories straighforward thinking ahead allows you to come up with patentable ideas. A recent paper from the League for Programming Freedom (available from the Legal department) explains some problems with the way patents are applied to software. of our profits as they want."


Here is an older article on this issue:

[Richard Stallman:] ...Thanks to Mr. Gates, we now know that an open Internet with protocols anyone can implement is communism...

...Mr. Gates' secret is out now--he too was a "communist;" he, too, recognized that software patents were harmful-until Microsoft became one of these giants...


This is all self explanatory, is it not? Microsoft chooses as a weapon what it used to detest, denounce, and fear. Hypocrisy knows no bounds. One might argue that Microsoft has been a passive cogwheel in the evolution of the flawed USPTO. But many would beg to differ.

A report published by an EU task force on intellectual property claims that small businesses benefit from a patent system, despite lacking almost any participation by the small business community.

Instead, the report, titled IPR (intellectual property rights) for competitiveness and innovation, was written up almost entirely by large corporations and the patent industry.

[...]

The report does note objections from the likes of patentfrei.de and Sun Microsystems, which were recorded at some length in the report. But this does not appear to have impacted the conclusion of the report in any way

[...]

Jean-Pierre Laisne, of ObjectWeb, an open source software community, said that he found the report useless: participants were told that all their contributions would be recorded but at the end only those of Business Software Alliance and Microsoft were used.


So, we should now know who has become the biggest fan of spurious patents. We also know that the voices of small businesses get ignored.

In another new article from the New York Times, which was published over the weekend, Microsoft's ties with the Bush administration (the context being antitrust) get a mention, but that is really beside the point. The main messages here is that legistlation is written by the wealthy, to server the wealthy, and to make them more wealthy.

There are other items on patents which are worth mentioning. The first one argues that software and algorithms are a form of art more than they are a science. Thus, patents of this kind are bound to give exclusive ownership to culture, creativity, and expression.

Merriam-Webster defines "art" as: "The conscious use of skill and creative imagination especially in the production of aesthetic objects." It defines "engineering" as: "The design and manufacture of complex products."


Whether these patents are valid or not, one must not forget that no specifics have been disclosed. Neither do we know if patents were truly counted, nor do we know whether they have any substance at all.

Speculation runs amok, ranging from a boundless greed and loathing in the corporate culture at Microsoft (from the top down) to scaring FOSS developers and users into submission by the threat of a legal sword of Damocles hanging collectively over their heads. But this is all theory and speculation -- great fodder for discussion, but nothing concrete.


A lot of hot air, no doubt.

Recent Techrights' Posts

Stefano Maffulli and His Microsoft-Funded OSI Staff Are Killing the OSI and Killing "Open Source" (All for Money!)
This is far from over
Techrights Headlines as Semaphore
"If you are hearing this, thank you"
 
Links 01/04/2025: Mass Layoffs at Eidos and "Microsoft Pulls Back on Data Centers" (Demand Lacking); "Racist and Sexist" Slop From Microsoft
Links for the day
Gemini Links 01/04/2025: XKCDpunk and worldclock.py
Links for the day
50 Years of Sabotage and a Gut Punch to Computer Science (and Science in General)
Will we get back to science-based computing rather than cult-like following?
3 Months in 2025, 4 Waves of Mass Layoffs at Microsoft, Now Offices Shut Down Permanently
"A recent visit by the South China Morning Post confirmed that the office was dark, unoccupied, and had its logo removed."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 31, 2025
IRC logs for Monday, March 31, 2025
Links 31/03/2025: China Tensions, Bombs Falling in Myanmar After Earthquake
Links for the day
Gemini Links 31/03/2025: Falling Out of Love With Tech, Sunsetting openSNP
Links for the day
R.T.O. at IBM in Texas and Atlanta (State of Georgia) Expected as "Soft Layoffs" Catalyst This Coming Year
It also sounds like more IBM layoffs are in the making
Law Firms Can Also Lose Their Licence for Clearly Misusing It
The bottom line is, never made the false assumption that because you can pile up SLAPPs in a docket you will not suffer from bad reputation or even get disbarred
Link between institutional abuse, Swiss jurists, Debianism and FSFE
Reprinted with permission from Daniel Pocock
LLM Slop Piggybacking News About GNU/Linux and Distorting It
new examples
Links 31/03/2025: Press and Democracy Under Further Attacks in the US, Attitudes Towards Slop Sour
Links for the day
Open Source Initiative (OSI) Privacy Fiasco in Detail: The OSI Does Not Respect Anybody's Privacy
The surveillance mafia that bans dissent or key people (even co-founders) with dissenting views
Gemini Links 31/03/2025: More X-Filesposting and Dreaming in Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 30, 2025
IRC logs for Sunday, March 30, 2025
Links 30/03/2025: Security Breaches, Crackdowns on Dissent/Rival Politicians
Links for the day
Gemini Links 30/03/2025: London Soundtrack Festival, Superbloom, gmiCAPTCHA
Links for the day
Phasing Out Vista 10 in Nations Where ~90% of Windows Users Still Rely on It
Recipe for another Microsoft disaster
The Cost of Pursuing the Much-Needed Reform/Shield Against Strategic Lawsuits Against Public Participation (SLAPPs)
“It is curious that physical courage should be so common in the world and moral courage so rare.”
The LLM Bubble is About to Implode, Gimmicks and Financial Shell Games Cannot Prevent That, Only Delay It
To inflate the bubble MElon is now doing the classic trick of buying from oneself for a fictional value
Links 30/03/2025: Contagious Ideas, Signal Leak, and Squashing Lousy Patents
Links for the day
Links 30/03/2025: "Quantum Randomness" and "F-1 Visa Revoked" in US
Links for the day
Gemini Links 30/03/2025: US as a Threat, Returning to the WWW
Links for the day
Links 30/03/2025: Judge Blocks Dismantling Of VOA, Turkey Arrested Many Journalists
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 29, 2025
IRC logs for Saturday, March 29, 2025