Bonum Certa Men Certa

Software Patents Hinged on Money and Political Influence

"That weekend Gates and Noorda met in the American Airlines Admirals Club lounge at San Francisco Airport. Gates barely took time to say hello before he reiterated his interest in a corporate marriage. "There was only one stipulation," says Noorda, "Gates told me, That DRI thing has to go."' Ballmer confirms this, but says the reason was that it was clear to Microsoft that a merger with Novell would never get government approval if it included the purchase of Microsoft's only MS-DOS competitor. But when Noorda raised the possibility that Washington might block a merger anyway, Gates replied, according to Noorda: "Don't worry, we know how to handle the Federal Government.""

Source



Bill Gates was born to a wealthy family of diplomats and lawyers. The fragment above is intended to draw your attention to this fact (or remind you of it). Lobbying has become an incredibly worrisome phenomenon. In the United States alone there is multi-billion-dollar lobbying industry which does a lot of damage to the stability of the system. See this recent video of Larry Lessig who discusses such severe issues which he calls "corruption" [1, 2, 3].

In the past, the lobbying industry worked in the shadows, but newer disclosure rules revealed its extent and impact. As a contextually-related plug, consider the following set of eye-opening quotes:



There are serious dangers in allowing affluent lobbyists and their funding sources to write laws and change rules 'on behalf' of everybody else. Even Europe has woken up to realise that this infectious disease has entered Brussels -- an issue that was raised by BusinessWeek just a couple of months ago. Based on a new article, here is where software patents come into play:

MEPs on Thursday launched the thorny debate on tightening rules covering the thousands of EU lobbyists in Brussels, with an initial discussion showing deputies in favour of defining the term "lobbyist" as broadly as possible but shying away from the 600-page rulebook that defines and confines lobbyists in the US.

[...]

For his part, Mr Stubb says he is not out to demonise lobbyists, whose activities have come to light recently during the ferocious lobbying on legislation that took place during the development of the chemicals, services and software patent laws.


Some time ago, in the midst of a conversation I was having, I saw the term lobbyist synonymised with "legalised bribery". The main issue is that prevalence makes this almost acceptable. It's a case of "everyone else is doing it, so I might as well join in." Here is an article from Friday:

Tech Group Expands State Lobby Efforts



High-Technology Trade Association Boosts State Lobbying Program With Funding, Personnel

[...]

The group represents about 2,500 companies, including Microsoft Corp., Google Inc. and Dell Inc., in the software, telecommunications, computers, semiconductor and other sectors. It announced the plans Thursday.


The leader of this pack isn't of much interest here. It's more about the scale of this phenomenon, which probably proves to be more powerful than the Internet, i.e. the 'public voices'.

A few days ago, in Davos, Bill Gates attempted to rename "predatory capitalism" or "extreme capitalism" (as Richard Stallman calls it) "kinder capitalism". Having seen Microsoft's handling of a charity, this seems like an awful lot of spin. Matt Asay had more to say about this plea for love:

There are other reasons that open source fits Mr. Gates' call for a "kinder capitalism." The point is that the open-source revolution Mr. Gates has long fought is the single-best answer for building global (IT) economies, just as it's doing in Europe right now according to the European Union.

You should try giving away open source as part of your foundation, Mr. Gates. You could undo much of the wrongs you've done the world's IT economy.


As we mentioned the other day, Gates' charity is sometimes used to battle free open source software. Dumping techniques are being labeled "charity". But let us get back the main point.

As Larry Lessig states in the video cited above, he may have been chasing the wrong problem for many years. He had all the right answers. Just as it's accepted by non-monopolies (including older days Gates) that software patents do not make sense, Lessig explains that copyrights and global warming issues are trivialities. These are not being resolved because of greed and the likes of this characteristic.

The issue goes deeper beneath the surface and it needs to be addressed effectively by identifying those who legislated for the USPTO, for starters. As the articles below show, legislation on software patents around the world is still a political question that is overwhelmed and stomped by money. The same goes for the Novell deal and ISO, apparently. These are not purely-technical questions.

Related articles:

Recent Techrights' Posts

This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
Wikileaks' Julian Assange: Exposing the US Military Crimes
20 Years Passed, Let's Go Even Faster Now
We are hoping to bring more original stories
Windows Lost Almost 92% Market Share in Egypt
From over 99% to just over 7%
Android at 90% or More in Chad
Windows below 2%
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
 
[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
GNU/Linux Climbed 0.25% This Month (in statCounter)
Around midday on Tuesday we'll start seeing preliminary data for July
Ilya Gulko Introduces Pollyanna
"Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
looking to raise funds at the same time as the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 29, 2024
IRC logs for Saturday, June 29, 2024
Links 29/06/2024: Astronauts at Risk, Ukraine Updates
Links for the day
Fedora and Red Hat Leftovers
mostly redhat.com
Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
Notice the title and the image, what's being promoted etc.
Seychelles: GNU/Linux Doing OK
Seychelles cannot be considered poor
Gemini Protocol Isn't Even Remotely "Dead"
"Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
About 10 New Free Software Foundation (FSF) Members Per Day
The total changed from 46 to 47 while typing the article
Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
This is not happening only in Germany
Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
It uses buzzwords where none are needed
[Meme] Garbage In, Garbage Out (linuxsecurity.com)
It is neither Linux nor security, just chatbot-generated slop
Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
linuxsecurity.com became an anti-Linux spam site
Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
retaliatory layoffs at Microsoft
Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
Links for the day
In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
Not even counting Chromebooks
LibrePlanet: Cultivating Backups (of Recordings)
an appeal to recover some of these talks
Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
Taking full history into account, this is a decrease of over 90% in some cases
Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
"the "smiling faces" behind it."
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
Julian Assange's life inside the Ecuadorian embassy
Neil Plotnick on GNU/Linux in the High School Classroom
uploaded to the LibrePlanet instance of MediaGoblin
Asia Appears to be Fastest to Adopt GNU/Linux
the home of a considerable majority of the world's population
Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
in spite of technical difficulties encountered while recording
What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 28, 2024
IRC logs for Friday, June 28, 2024
Links 28/06/2024: Kangaroo Courts and Patents Spam, EFF Still Fighting for CPC's TikTok (a Digital Weapon)
Links for the day
Links 28/06/2024: Overton window and Polarization
Links for the day
[Meme] In 50 Years...
Microsoft's Vista 11 will take 50 years to be fully adopted
Only About 1 in 8 Russian Windows Users is Using Vista 11
it looks like over the past 12 months Vista 11 hardly grew and it remains very low at around 12% of Windows usage in Russia
Links 28/06/2024: More Attacks on the Press, More Censorship in Russia
Links for the day
Gemini Links 28/06/2024: Christmas Prematurely, Self-hosting
Links for the day
IBM: So Long, Suckers. Your Free OS is Now Proprietary. Pay IBM or Else.
almost exactly a year after turning RHEL into proprietary software
Vista 11 is Doomed and Despite Lack of Adoption Microsoft Already Speaks of Vapourware ("12")
"Microsoft has pulled a Windows 11 update after users reported boot loops and startup failures."
ChromeOS Reaches Highest Share in Years at the World's Most Populous Nation, Windows Now at All-Time Low of 13%
We're talking about India today
[Video] "It Is Incredible That Julian Assange Survives"
There was a positive and mutual relationship between Wikileaks and Dr Jill Stein
Never Assume That Because the Law Exists the Powerful Will Follow the Law
Who's going to hold them accountable now?
Nearly a Month Has Passed and Nobody at the Debian Project Even Attempted to Explain What Seems Like Back-dooring of Debian (and Hundreds of Distros That Are Debian-Derived)
I can cynically guess that only matters when a user with a Chinese name does it
[Video] Julian Assange Explains Wikileaks' Logistics
predating indefinite detention
IBM Was Never the "Good Guy", Just a Self-Serving and Opportunistic Money- and Power-Hungry Monopolist, Living Off of Taxpayers' Money (Government Contracts)
The Nazi Party of Germany was its second-biggest client at one point and now it's looking to profit from the work of slaves
"I Hated Working at IBM. They Were the Most Unfriendly People."
Don't forget what Watson the son did to a poor woman on a plane
State of the News (and Depletion of Journalism Online, Not Just Offline)
Newspapers are not coming back and the Web is not coming back either
GNU/Linux Consolidates in North America
Android rising a lot this year, too
[Meme] More Monopolies Granted While Patent Examiners Die (Overworking for Less Compensation)
Work more; Get less
Staff Union of the EPO (SUEPO) is Taking the New Pension Scheme (NPS) to an International Tribunal (ILOAT)
SUEPO wants more EPO staff to participate in collective action
Stella Assange and the Legal Team Speak to the Media a Day After WikiLeaks Founder Julian Assange Arrives in Australia
Published yesterday by a number of mainstream publishers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 27, 2024
IRC logs for Thursday, June 27, 2024
RIP Daniel Bristot de Oliveira, Red Hat death
Reprinted with permission from Daniel Pocock