Bonum Certa Men Certa

Terminology of Patent Lawyers and Pro-Patents Media Serves to Mislead the Public



Summary: An outline of stories where the language used to describe patents is grossly distorted so as to bias the reality and mislead the audience/readers

TECHRIGHTS often links to articles about patents, including some awkward ones from patent lawyers, but rarely does it nitpick or criticise the warped terminology, which with the art of semantics helps rig the discussion. Just like in politics, language defines the debate, and choice of words can either glorify or demonise an idea. Today we will give some examples that we set aside over the past fortnight.

"Trade Secrets" and Patents (Opposites)



A lot of articles such as this one began to appear some days ago, mixing or mistaking patents for "trade secrets", which are inherently very different (patents were originally introduced in order to discourage trade secrets and encourage publication). It was very hard to get the story straight based on the large majority of articles (we checked about a dozen). Ford is being sued over some rare combination of reverse engineering/'trade secrets' but also claims pertaining to patents, according to few of the reports, including this reposted article from Bloomberg, which said: "Ford allegedly began developing its own version of Versata’s software by reverse engineering, according to court papers. The Dearborn, Michigan-based carmaker is also accused of disseminating Versata’s proprietary information to unauthorized users to create “a copycat configuration technology.”"

So this is basically a combination of reverse engineering and patents. It's an attack on Ford over patents and claims of reverse engineering. A lot of the media does an extremely poor job explaining this. the word "theft" or "steal" is used sparingly, subjecting readers to a trial by media (theft is a crime, but patent violation is not the same as theft and reverse engineering should arguably be legal everywhere).

"Stealing", "Intellectual Property", and "Innovation"



One of the grossest blogs out there (IP Watchdog, which we sometimes call "Watchtroll") really beat its record. It not only used a propagandistic photo of a violent/militant bandit but also used three propaganda terms in one single headline: "Does Stealing Intellectual Property Boost Innovation?"

What a loaded, ugly headline (and a question). Patent lawyers who promote software patents really don't try to come across as professional, do they? See the photo too. It's worse than the Daily Fail, a notorious UK-based tabloid.

Patent Stacking/Royalty Stacking



There is a practice by which one company or several companies are stacking up patents and working to increase legal costs so as to discourage challenging of the patents, or simply drive a product out of the market. Watch the lawyers' media framing this ugly strategy as "consolidation". To quote:

No consolidation was granted where the petitions involved some non-overlapping grounds and arguments. However, the Board used its discretion to coordinate the date of the oral arguments to lessen the burden on the patent owner.


Software Patents by Another Name



Software patents are quite controversial, especially after Alice, which makes them weak. We have seen software patents alluded to in all sorts of ways that dodge the bad connotation, but how about "Behavioral Analytics"?

Patents as Objects



Patents are now sold like fruit and vegetables. Watch this piece titled "Improved Auction and Online Marketplace Patents Available from ICAP Patent Brokerage" or another one titled "Sleep, Temperature Analysis Wearables Patents Available". They treat these like food. To quote one of these ridiculous pieces: "ICAP Patent Brokerage announces for sale patents disclosing methods for monitoring wakefulness and body temperature, available from inventor Gaby Badre (Bader). This portfolio is offered as part of the Internet of Things IP Auction, with a bidding deadline of July 30, 2015."

They are truly selling them like some kind of objects, even though the patentor is supposed to be the holder. What has the patent system turned into? They are clearly perverting the logic behind patents when they were first introduced. Are these justified anymore? The meaning of patents has changed profoundly.

Buying Patents Like Products



"We've filed over 2,000 patents," says this piece, "which is actually a lot, and we're acquiring patents." The saddest thing? It's about Hugo Barra, known for his work on Android.

Protectionism



Patents can be a waste of time, money, and effort. "Westerners zealously guard their IPRs with patents and copyrights and so on," said this piece the other day. What is "IPRs" anyway? Intellectual Property Rights? It's a meaningless collective term that alludes to many separable things. It's a bit like "cloud".

Any protectionism by law (for the rich) can rely on metaphors like "intellect", "right" and "property", but just as in the case of that "cloud" buzzword, the reality is very different. It can simply means lock-in, surveillance, entrapment, and financial extortion. Nebulous terms make people oblivious and hence more gullible.

On "Discovering Patents"



IDG thinks that patents are being "discovered" because it says "newly discovered patents". As if there's some finite number of patents just waiting to be discovered, like gold buried beneath the ground. How foolish can the author be? Chemical elements can be discovered. Islands can be discovered (or colonised, or attacked). Patents are just an abstract concept, they're man-made and they're more like a musical composition. We never say that musicians "discover" a song when they come up with a new song.

Monopoly as "Market Exclusivity"



Monopoly is an ugly thing and a lot of literature exists to explain why monopolies are collectively harmful. So, ProactiveInvestors.com uses the propaganda terms of monopolisers and calls these "market exclusivity". To quote: "Market exclusivity is a critical component of valuation. Patenting strategies, regulatory data exclusivity and product life-cycle management will give about 10 to 15 years of market exclusivity to most novel drugs."

In reality this often means that poor people are left to die from curable diseases, just so that few companies that are often subsidised by governments (i.e. taxpayers) get to increase their private profits (going into few private pockets). Watch this new lobbying from the New Jersey press, titled "N.J. biotech companies need patent protection from Congress". What they probably mean is that they want monopoly and protectionism. Competition is something they cannot tolerate.

Patent 'Owners'



The patent maximalists, as usual, refer to patent applicants as owners, in the same way that once upon a time men from Africa were considered "property" to be "owned" by white men in the northern hemisphere. This whole notion of "ownership" of ideas is perverse, but given enough repetition in the corporate media people might come to take that all for granted and accept it, just like many people used to happily accept slavery and deem it "just" or "necessary".

"Intellectual Ventures Combats Malaria" Nonsense



Reddit, which is a horrible Web site (reportedly in steep decline this month), is now grooming the world's biggest patent troll (and strongly Microsoft-connected, too). Watch this kind of advertisement disguised as discussion. A reader of ours told us that he got banned by the moderator/s for merely questioning such dodgy 'advertisements' for an evil, reprehensible firm. It attacks practicing companies while hoarding patent monopolies by acquisition. This non-practicing (and thus by definition not good-doers or even doer) is owned by Nathan Myhrvold from Microsoft.

"The last thing this company needs is another fucking [computer] language."

--Nathan Myhrvold, Microsoft (now Intellectual Ventures)

Recent Techrights' Posts

Microsoft Collapses While GNU/Linux Rises in Bulgaria, According to statCounter
Microsoft is losing across all sectors
The Fall of the Open Source Initiative (OSI): An Introduction
In a nutshell: there's a massive conflict inside the OSI and the OSI stooges (staff serving Big Sponsors like Microsoft) try to hide it
Paraguay: GNU/Linux Surging to New Usage Levels (7%), According to statCounter
Notice that the gains are at Microsoft Windows' expense
Social Control Media as a Rapid Race to the Bottom - Part I - That Sinking Feeling
When you realise you made an error and things you adopted more than 15 years ago became utterly bad
Microsoft's Entryism as Mortal Risk/Danger: The Example of the Open Source Initiative (OSI)
Microsoft is a cult
FSF Amicus Brief: Aspose.PDF for .NET 24.2.0, OOXML (.docx), and Microsoft Word (Proprietary)
Could the FSF not find any law firm that, in addition to talking about or for Free software, does not use .NET, OOXML, and almost everything Microsoft?
New Interview With Richard Stallman in Italy (Manuel Cuda News)
Due to Google's growing aggression against Free software and proper APIs, this cannot be downloaded and converted to a free format
The UEFI hype and Microsoft's lies
By Sami Tikkanen
Over at Tux Machines...
GNU/Linux news for the past day
In Central African Republic Windows Has Pretty Much Fallen to Zero
We need to focus on Software Freedom
 
Chad: All-Time Lows for Windows, According to statCounter
According to statCounter, many in Chad moved to Android
Links 04/03/2025: Universities Are Under Attack, Windows Attracts Ransom Against Ministry of Health
Links for the day
Links 04/03/2025: Microsoft Issues Policy Instructions to the Cheeto Mussolini Administration, Cloudflare Engages in Mass Censorship Again
Links for the day
Gemini Links 04/03/2025: Athens, Fedora 41, and Yelling at Clouds
Links for the day
The Free Software Foundation (FSF) Belatedly Comments on Case That Tests Copyleft in the United States
"The Free Software Foundation (FSF) announced today it has submitted an amicus brief in the case entitled Neo4j"
If They Try to Censor You on Some Topic, Then You Should Cover This Topic Even More
OSI is only a small part of it
IRC Proceedings: Monday, March 03, 2025
IRC logs for Monday, March 03, 2025
Thorsten Glaser & Open Source Initiative (OSI) resignations due to AI whitewashing
Reprinted with permission from Daniel Pocock
Gemini Links 03/03/2025: Copyrights, GrapheneOS, and SpaceBeans
Links for the day
Links 03/03/2025: Europe Rallies Behind Ukraine, Measles Flourishes in US Again
Links for the day
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025