Bonum Certa Men Certa

Amid Motorola Patents Sale, More Calls to Abolish Patents and More Microsoft Brainwash

Google is the patent villain that threatens the world, says the Microsoft crowd

Earth as abstract



Summary: Patents increasingly being recognised for what they really are, however Microsoft spinners try to give an illusion of balance

"A

mong Motorola Mobility Holdings Inc.’s more than 17,000 patents, a group of 18 may prove most useful in Google Inc. (GOOG)’s effort to fend off litigation targeting the Android mobile platform," writes Brian Womack, citing concerns that are echoed by some Linux sites, claiming:

A Bloomberg report had identified a group of 18 of those patents that could be particularly helpful in countering Apple's many Android lawsuits. The circa-1994 patents are said to cover location services, antenna designs, email transmission, touchscreen motions, software-application management, and 3G wireless technologies.


"That's the back-of-the-envelope math from Piper Jaffray analyst Gene Munster, who calculated the success Google could have if it acquires Motorola and transitions Android from an open-source model to a proprietary model," the Linux site notes. But why would it be suggested that Google might do this? "Take a look at this naughty piece of FUD," wrote to us a loyal reader, quoting Microsoft MVP and Linux basher Jason Hiner and those who boost his FUD over at Forbes. It's just amazing how much spin and deception were produced by this Motorola move.

Well, there is no denying that "Cellphone Patent Disputes Piling Up" (as Murdoch's paper now puts it) and the latest infographic says it all really. An infographic that is up to date can be found in several reports that argue for patent reform -- a real reform. The barbedwire strung around smartphones makes a rethink imperative. it does everything but encourage innovation. It promotes litigation at the expense of implementation and as we stressed many times before, lawyers are taking away jobs from programmers -- a point which is even being made by a Microsoft booster.

The Guardian, which has just published a Stallman article on the subject of software patents (to be dealt with in a later post), finally publishes a piece against software patents. To quote:

Most people understand the origins and rationale of ordinary industrial patents. They give, say, a pharmaceutical company which has spent a fortune developing a new drug a window to profit from its investment before the rest of the world can make cheaper versions. But software patents, though legally similar, are very different in practice. Google's $12.5bn purchase of Motorola's mobile phone activities last week caused a stir in the business and technology worlds alike, because the reason for it was not to acquire Motorola's phones but its portfolio of up to 17,000 "software patents", which have become the gold dust of the digital age.


L. Gordon Crovitz makes a similar point even in Murdoch's press when he claims that:

The costs of our broken patent system are often abstract, but this month Google put a price tag on the problem: $12.5 billion. That's what Google paid for Motorola's U.S. smartphone business and its 17,000 patents. This is $12.5 billion that one of America's most creative companies will not use to innovate, fund research or hire anyone beside patent lawyers.


The patent lawyers must love all of this and one of their favourite blogs looks closely at the question the USPTO was originally created to handle and address, "[d]o Patents Disclose Useful Information?" This was the point of the USPTO back in the days -- to encourage/incentivise publication (in exchange for a limited-time monopoly). Quoting Patently-O:

In her recent article Do Patents Disclose Useful Information?, Lisa Larrimore Ouellette tackles this issue head-on, offering empirical support for the position that patents do convey useful information. Ouellette, herself a former nanotech scientist, provides the results of a survey conducted of nanotechnology researchers that suggests that, at least in that industry, researchers look to patents for their technical teachings, and that they believe that patents provide useful information that is not available elsewhere - with one notable exception, the problem of reproducibility. Based on these findings, Ouellete argues that we do not grant patents because of disclosure; rather, we require disclosure because we grant patents.


That is a reversal, is it not? It further validates that the USPTO has lost its way.

It ought to be noted that Microsoft's legal attacks on Android (through Motorola) are resuming these days. From Microsoft-friendly sources:

The Microsoft-Motorola case is one in the larger arena of software patents. Some have been settled, but many are still outstanding. Last month, HTC lost a preliminary ruling from an ITC judge. The phone maker was sued by Apple, which claimed 10 of their patents were infringed upon.


Watch what the Microsoft booster of the Washington Post writes without quite criticising Microsoft for its aggression.

Part of the brainwash from Microsoft circles is that this is a battle between two ferocious giants rather than a shameless attack from Microsoft, the loser in the mobile space, using dubious patents that never ought to have been granted. Watch out carefully for disinformation. There is a lot of it these days. It piggybacks big news about an expensive acquisition.

"Graham’s notion that if you are against software patents you must be against ALL patents" is the false dichotomy noted right now by the President of the FFII. It is another form is popular brainwash that we see all the time, even from Apple apologists. The article in question states:

The Valley is loving the patent discussion right now. For every meme, it seems there is a matching “here’s-how-patents-relate-to-that” meme. Just because a thing is popular doesn’t make it right, and thankfully, most commentators on the patent issue seem to agree that it hurting innovation much more than it’s helping it. It hurts innovation in many ways, but it’s worth going back over at least some of them here.

The Cost of Patents to Innovation are now Tangible and Large

We’re seeing this measured almost daily. Scoble is working through the math for WebOS even today when he values the WebOS patents at circa $3 billion for 2000, or $1.5 million apiece. That doesn’t seem too far afield if we look at patents in a way similar to how VC’s have to look at their portfolios. In other words, many will be worthless, but a few will be quite valuable indeed and will more than make up for all the rest. We don’t have to spend very long looking at the billions raised by Nathan Myhrvold’s Intellectual Ventures to realize that many astute financial minds really do look at it that way. In recent years, it’s been a good bet that financial engineering to produce wealth was really inflating a bubble of one kind or another that would destroy a tremendous amount of wealth for the general public. Why would we be surprised to learn that patents are just another way to play the same Ponzi scheme?


Yes, and that last statement sums it up in a strongly-worded fashion.

Comments

Recent Techrights' Posts

[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
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%
 
Microsoft Layoffs, Mass Plagiarism, and More
outrage included
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."
Android at 90% or More in Chad
Windows below 2%
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
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