Bonum Certa Men Certa

Patents Roundup: Patent Propaganda from the BBC, IBM in the Shadows, and Early Mistakes from David Kappos

Propaganda



Summary: The BBC serves a familiar agenda, Microsoft hype observed, USPTO heads the wrong way, and IBM lurks inside the Linux Foundation

THERE is a lot to go through today because Microsoft is stepping up efforts to spread software patents. We shall start by pointing out that Microsoft's darling [1, 2, 3, 4], the BBC, is spreading patent propaganda with words like "inventor" and the classic example of a "poor" victim (not the monopolies which actually leverage patents to block small companies).



Yesterday alone, the BBC published not one but two articles that glamourise and encourage stronger patent enforcement and broader scope. The first such article states:

Intellectual property rights are both a good thing and a potential obstacle. Imagine you've got a great idea, but part of the idea conflicts with someone's patent. You can propose a licence, but in a lot of cases it can be very difficult to secure the rights for a long period and at a reasonable rate.


The second article is almost worse because it refers to "stealing" of ideas, which obviously cannot be stolen, by definition. It states:

A major British inventor is calling for a change in the law to strengthen protection against those who try to steal ideas.


The Register (also UK-based) has already highlighted this propaganda from the BBC:

The inventor of the wind-up radio is calling on the UK government to toughen its stance on patent law, by making intellectual property theft a criminal offence.


A reader of ours from the UK states that "Patent law and criminal law are two (IMO) completely different things, as is copyright theft. In respect of the latter, the term theft IMO does not apply since [...] According to Sec(1) Theft Act - "To dishonestly appropriate property belonging to the other with the intention of permanently depriving the other of it." Since there is no permanent deprivation of "property" (in this case data), there is no theft....IMO [...] the copyright theft act deals with the "sharing" of the work and the deprivation would be loss of income, that's why the separate offence was created.... the point I was making was Copyright "Theft" is a bad choice of words since theft as outlined in Sec(1) does not IMO apply as per definition....in the case of copyright theft. It is worth noting, that file sharing is what makes the offence complete and the mere act of downloading would (IMO) have a civil remedy not a criminal one if no sharing was taking place although this is all open to argument and interpretation and is merely my interpretation of the criminal side of the copyright laws...."

There is actually a lot more Microsoft advertising in the BBC this week, as is the case most of the time. Maggie Shiels [1, 2] is at it again, advertising Vista 7 and citing other Microsoft shills for corroboration:

Ina Fried of CNET, who has covered Microsoft for over five years, said this issue has, in the past, been something of a hurdle for Microsoft and Intel.


Shiels and Fried make a good pair that seems like Microsoft PR masqueraded as reporters. This is based on a pattern observed long ago -- a pattern that endlessly persists. Sarcastically, says one of our British readers, "maybe the clue is in her name, Maggie Shills.....yep, she does. Names aside, yeah it's pretty blatant again -- links to the windows 7 pre sales, like the other Windows 7 slog posts they do. The keywords are a thing too, in pro-Microsoft posts, there's LOTS of Microsoft keywords, the post is littered with them, which makes them great consumption for the spiders, yet when it's stories which are negative, Microsoft keywords are hardly mentioned, except at the end of the peice as the knight in silver armour coming in to offer customers advice on how to fix the issue under their terms. It'd be funny if it was a normal slog site. What it does do is make a mockery of the BBC's claims of "independent high-quality journalism"."

Speaking of Microsoft hype in the press, there is more sentimental blackmail [1, 2] from this company right now and Apple too is hyping things up (unrelated to this, it has connections with AstroTurf agencies). According to the following review from Ars Technica, Snow Leopard represents a development stagnation at Apple. Here's the part which says:

Many of these same developers applauded the "150+ new features" in Tiger and the "300 new features" in Leopard at past WWDCs. Now they were applauding zero new features for Snow Leopard? What explains this?


There is even a photo.

Since we mentioned AstroTurfing, worth mentioning is also this update regarding Radian6, which we wrote about the other day.

After being angered by yet another Comcast f**kup that led to me being W.O.I. (With Out Internet) for over nine hours one day last week, I noticed that within the next day, a Comcast “representative” under the pseudonym of “Melissa Mendoza” had commented on the post with links to their “support” email address.

As I’ve written about before, Microsoft and other large companies often use the services of large astroturfing agencies. Microsoft uses one called Visible Technologies and apparently Comcast uses one called Radian6.


Moving on to important patent issues, this report suggests that China's patent system is imploding, just as people predicted. It was a volcano of lawsuits waiting to erupt.

When France's Schneider Electric faced a patent battle in a Chinese court recently it had reason to feel confident. It thought it had a solid prior art case for invalidating the patent being used against it by Chinese firm Chint, and foreign companies win 95% of patent cases in the Chinese courts.


As Masnick puts it, "Careful What You Ask For: China's Patent System Causing Trouble."

All those foreign nations who kept pushing China to build up its own patent system and learn to "respect intellectual property" may soon be regretting that, as they're suddenly blocked out of the Chinese market by Chinese firms who fast-tracked cheap utility patents themselves with little to no review. Be careful what you wish for.


The USPTO is not better off, but the approach taken to resolving the issue is totally misguided. A reader from Germany gave us a pointer to this document [PDF} ("fresh from Heise," as he put it). It is "only [the] interim rules," he stressed, "but still a good sign. See p. 3, section I.1 Step 1."

The USPTO is being harshly criticised elsewhere. David Kappos [1, 2, 3, 4, 5, 6, 7, 8] uses the wrong yardstick to measure the success (or lack thereof) of this system and major delays are indicators of too wide a scope for patenting.

The other day we wrote about medical barriers caused by patents and Masnick appears to agree, adding that Kappos is "Suggesting They Want More Patents, Approved Faster." More patents?

Two separate stories concerning statements from those in charge of the patent system suggest that the new administration isn't about to help fix the problems in the patent system, but is eagerly looking to make them worse. It starts with new USPTO Director David Kappos, who some thought would recognize problems with the patent system from his years dealing with those problems at IBM. While IBM is a massive patent stockpiler, over the past few years it's at least indicated some recognition that the system is broken.

[...]

The real problem, which becomes evident in reading the article is that since the USPTO is funded based on patent application fees, it has every incentive in the world, as an institution, to approve more patents. The more patents it approves, the more applications it gets, which means more money as well.


Indeed, this sounds too greed-motivated. The EPO was accused of similar behaviour. To quote Richard Stallman, “Staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money."

Tim Lee's warning against software patents has gotten Masnick's attention as well (because they know each other). The important points are being stressed again.

In the original piece, Tim also points out how software patents (contrary to the claims of some defenders of the system) unfairly tilt the balance of power to big companies -- the ones who can stockpile tons of patents to use as a weapon against infringement suits. It's the small companies who are left exposed.


It is worth repeating over and over again that experience suggests small companies are mostly victimised by the patent system. IBM's considerable role in OIN and the Linux Foundation is proof of this because IBM wants software patents and it wants to use them to increase its dominance/control in the area. According to this new exchange of ideas, IBM is partly behind the Linux Foundation's patent policy.

---------- Forwarded message ---------- From: Manny W Schecter <schecter@us.ibm.com> Date: Thu, Sep 3, 2009 at 12:12 AM Subject: Re: [priorart-discuss] No more software-patents in the us? To: OSS and USPTO prior art discussions <priorart-discuss@lists.linux-foundation.org>

Not exactly. You are citing interim guidelines from the USPTO which are not binding law by their own admission. The USPTO has invited public comment on the guidelines, and there will be plenty I'm sure. The Bilski decision pending before the Supreme Court is what you should be watching. A decision is expected 1H10.

Manny Schecter

From: Jan Kechel <jan@kechel.de> To: OSS and USPTO prior art discussions <priorart-discuss@lists.osdl.org> Date: 09/02/2009 06:09 PM Subject: [priorart-discuss] No more software-patents in the us? Sent by: priorart-discuss-bounces@lists.linux-foundation.org ________________________________

-----BEGIN PGP SIGNED MESSAGE----- Hash: RIPEMD160

Hi everybody,

I just found a nice article about changes in the USPTO, seems that there are no more software patents until some other court stuff will be finished:

http://www.uspto.gov/web/offices/pac/dapp/opla/2009-08-25_interim_101_instructions.pdf (see page 15)

My source (german:) http://www.heise.de/newsticker/US-Patentamt-vergibt-vorerst-keine-reinen-Softwarepatente-mehr--/meldung/144681 claims that this is based on the following decision:

http://www.cafc.uscourts.gov/opinions/07-1130.pdf

What do you people think about that?

cu,

jan

- -- publictimestamp.org/ptb/PTB-7047 ripemd128 2009-09-02 21:00:05 5DBB1B771C93BD9D613377AD58266747

-----BEGIN PGP SIGNATURE----- Version: GnuPG v1.4.9 (GNU/Linux)

iEYEAREDAAYFAkqe7J0ACgkQ58nJkn8diosxcgCfW0E24NfvCwMaSZlq40/RXIBc 2xsAniUHZxWyM9/rg5knFSQKyABI0Xl7 =XrKR -----END PGP SIGNATURE-----


The above shows the involvement of IBM staff. As we have shown before, IBM is part of this problem because it lies when arguing that software patents have been beneficial to Free software [1, 2]. They take away basic rights and then "donate" or sell them back to us. A lot of people are being fooled, but they don't have to. ⬆

"According to Software Magazine, last year we were the 92nd largest software company in the US. My perspective on software patents is simple: stop issuing software patents. Software patents should not exist." —Jerry Fiddler, Wind River Systems

Recent Techrights' Posts

Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
 
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026