“Despite recession, the finding seems to suggest that the pace of obligatorily-disclosed amounts now trivially exceeds $10 million for Microsoft alone (annually)."As we are all being taught (or forced) to believe, software patents are being encouraged for the benefit of programmers when they get assigned and added to the employer's portfolio and this thing called "piracy" (something about software and not about boats, apparently) costs the economy a lot of money, never mind the savings alternatives can offer.
There is nothing comforting about lobbying. The word "lobbying" sounds soothing though. You know, like ordinarily lounging in some hotel, spoiling oneself and generally having a good time. In reality, lobbying is so loathed by those who understand the practice and are secretly affected by it. It's filthy. It's subversive. It's almost corrupt.
In the past few weeks alone the apparent backlash led to some new rules being ratified in the UK [1, 2] where lobbying is prevalent but probably not a multi-billion-dollar phenomenon (well, not just yet, based on what the authorities and watchdogs know). According to reports, the industry already exceeds a billion dollars in the United States and that's just based on amounts that get disclosed, i.e. it excludes off-the-record, back-room/boiler room deals. Can you criticise Larry Lessig for his "Change Congress" initiative? He too realised that his country is run by corporations, which frequently use lobbyists as mediators? It's polycracy, as Noam Chomsky would call it, not a democracy.
On a few occasions recently, we shared some findings about Microsoft lobbying and you can probably find some of them if you search this Web site. That said, here is the latest find from yesterday. Despite recession, the finding seems to suggest that the pace of obligatorily-disclosed amounts now trivially exceeds $10 million for Microsoft alone (annually). That's a sharp increase, based on my personal memory and judgment. Among the activities of the lobbying you'll find patents also (there's no weighting in the breakdown).
Microsoft Corp., the world's largest software maker, spent nearly $2.6 million in the first quarter to lobby on competition in the online ad market and other issues, according to an amended disclosure report.
[...]
Microsoft also lobbied the federal government on numerous other issues, including Internet security and crime, privacy, health technology, patent reform, software piracy, immigration reform to help with recruitment of highly skilled foreign workers, high-speed Internet service through use of unoccupied TV channels, free trade and taxes.
In its statement on the results of the Transatlantic Economic Council negotiations, issued last week, the council made brief reference to the intellectual property rights issue. A single bullet point in the statement references a roadmap issued jointly by the European Commission and US Patent Office aimed at advancing "global patent harmonization".
[...]
According to FFII President Alberto Barrionuevo, in the TEC talks the commission overstepped its bounds with respect to commercial rights. "The European Union has neither a Community patent, nor a common material patent law." The only exception is the Biotech Directive. For that reason Barrionuevo believes that, "Discussing a bilateral patent treaty with the United States is superfluous. It is the blind leading the blind." He thinks that if the US really wants to fix its patent practises, it should first enact its controversial planned patent reforms and become a signatory to the European Patent Convention. McCreevy's spokesperson stated that the treaty was not about software patents, "Something not approved here could not be recognised."
[PDF]
, which contains a section on "Patentability of computer programs". It was all found at Digital Majority where there is also a pointer to this article on cross-border patent litigation [PDF]
(in Europe specifically).
"The open source movement probably cannot achieve its original goals so long as patents exist." -- Tom Ewing, IP Value Added Consultant, Gothenburg, Sweden
"Claiming you have IP that folks are infringing isn't the same thing as proving it," wrote Pamela Jones, author of the open-source legal blog Groklaw.net, in an e-mail. "I think they [Microsoft] are in a weaker position *because* they did the [cross-licensing] deals. It makes them look needy, like they can't make it any more without Linux."
"The [legal] threat [to open-source] is no greater" today than a year ago, wrote Mark Radcliffe, a lawyer with DLA Piper's Silicon Valley office and the general counsel of the Open Source Initiative, which oversees the approval of open-source software licenses, in an e-mail.
Take Redmond's attempts to persuade vendors to sign cross-licensing deals that include protection from potential open-source patent lawsuits by Microsoft.
Microsoft loses U.S. patent suit vs Alcatel-Lucent
[...]
Microsoft had accused Alcatel-Lucent of infringing four patents for software in a system that integrates telephones with computers for calls, messages and videoconferences.
Comments
Quentin Crisp
2008-05-22 05:56:31
Indeed. We would all be better off if we didn't talk to our elected officials, instead leaving them to form their own opinions on issues regardless of how much they did or didn't understand the arguements, they could research questions using wikipedia if they got really stuck.
Are you really suggesting that "talking" is a bad thing and should be frowned upon? What is this site other than part of a lobbying effort designed to get the word out around a cause that you (and others) care a great deal about?
Almindor
2008-05-22 17:22:40
The bigger they are the more they can corrupt. Lobbying is just a nice word translated as corruption these days. Normal people have no way to do anything about it. We're living in a corporatocracy, comments like the above one are either astroturfing or the peak of naivety.
Roy Schestowitz
2008-05-22 17:35:29
paul
2008-05-22 17:39:45
But now I believe that lobbying is corrupt. Pure and simple. Right after we kill all the lawyers, we should kill all the lobbyists.
The point is they are promoting their own commercial interest; ie, their primary purpose is profit. Many corporations do NOT care about negative results re the use of their products/services. They feel NO remorse about lying or spreading misleading information. They will deceive and subvert anyone they can to achieve their goals. These organizations are morally deficient and left to their primary purpose of gaining profit will damage society.
Further, most corporations are oriented toward short-term gain with no care for long-term implications. Hence the environmental movement. (Re Greenpeace, emphasis on 'mental.')
What we are doing on sites like this is _openly_ discussing the issues allowing anyone to read or comment. And hopefully, as a result, informing the people that read the article and comments. An informed society that actually uses its intellect when making purchases, can influence the businesses to make better decisions. Unfortunately, we now have an overwhelming number of people that buy things based on their ego.