Bonum Certa Men Certa

Corporate Lobbying for Software Patents in the United States and Against Alice, Against Patent Reform

Billionaires and their think tanks too get involved

Manny Schecter
IBM pushing for software patents not just via lobbyists like former IBMer, David Kappos (on IBM's payroll for lobbying now), but also IBM's Manny Schecter (above). Photo credit: Esteban Minero



Summary: The law surrounding patents in the United States continues to be manipulated or at least lobbied on by large corporations such as IBM and Microsoft, as well as by think tanks such as CATO Institute

THE PAST few weeks were spent looking at the front group led by David Kappos, who is paid by software firms such as IBM, Microsoft, and more recently Apple, which evidently has a lot at stake (it has just settled a patent lawsuit and here are ten of the earliest reports we were able to find about this [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]). Kappos is trying to diminish if not demolish the impact of Alice so that software patents continue to do their damage (recall the lawsuits from Microsoft against Linux, Apple against Android, and IBM against various Internet companies as of late).



"Kappos is trying to diminish if not demolish the impact of Alice so that software patents continue to do their damage (recall the lawsuits from Microsoft against Linux, Apple against Android, and IBM against various Internet companies as of late)."IAM 'magazine', a proponent of this Kappos lobbying agenda (openly so), has just said: "As this blog and others have reported, there has been a general increase in patent activity in the auto sector in recent years, which has brought with it a rise in new infringement lawsuits and activity at the Patent Trial and Appeal Board (PTAB). However according to data recently released by Unified Patents, the number of lawsuits in the sector dropped last year, despite a rise in the overall number of new patent cases in the US. There were 126 new cases filed in 2015 involving carmakers and their suppliers. That was down from 154 in 2014 and 160 the year before."

Drop in litigation is a good thing, unless one runs a litigious company that is suing rivals or threatening rivals in order to extract 'protection money' (settlement). Recent statistics suggest that a vast proportion of patent lawsuits are now being filed by patent trolls, who typically use software patents. According to the above, which refers to trolls using common euphemisms, patent trolls "still account for the lion’s share of new cases with 88 suits filed last year."

"Drop in litigation is a good thing, unless one runs a litigious company that is suing rivals or threatening rivals in order to extract 'protection money' (settlement)."One patent propagandist offers support to his buddy at IBM, which is increasingly a patent aggressor/bully. He previously interviewed him. "IBM's Manny Schecter," he wrote, "giving keynote @Innography #Insights2016 today @ 11am CT on "What should we do about Alice?" A very good question!"

One approach embraced by Manny (so far) is rather simple; pay David Kappos, a former IBM employee, to lobby the system. It's sort of weird that the question is, "What should we do about Alice?"

"One approach embraced by Manny (so far) is rather simple; pay David Kappos, a former IBM employee, to lobby the system."That's like asking, "what should we do about the Supreme Court?" IBM seems arrogant enough to attack or discredit the highest court via Kappos (IBM).

The same kind of quote comes from this tweet, which says "IBM Chief Patent Counsel @MannySchecter @Innography Insights - What Should We Do About Alice?" (to his pleasure, based on his response).

"Don't let IBM, Microsoft, Apple etc. effectively buy the law by 'buying' former officials like Kappos."The one good thing about David Kappos, Manny Schecter and various other proponents of software patents (or boosters of IBM's patent aggression) is that they help demonstrate/highlight how corrupt the patent system is. One conspiring to shape one's system by lobbying is not illegal, but to put one's staff in key positions and to pay to change law may be. Don't let IBM, Microsoft, Apple etc. effectively buy the law by 'buying' former officials like Kappos. It's a mockery of a system that's supposed to be shaped by public interests. Ask Manny Schecter how much money, other than lots of salaries, IBM has just paid Kappos to legalise/promote software patents in the US. Generally speaking, try to find out who's paying to change the law and how much. Yesterday we became aware of a 'Conservative' (corporatist) think tank of the Koch Brothers (CATO) publishing a paper on patents (spring edition), downplaying the severity of the patent system's problems [1, 2, 3, 4, 5, 6, 7, 8, 9] to essentially defend patent trolls, which mostly come from (or to) Texas. This paper, based on the feedback, is widely liked by patent lawyers from Texas.

Recent Techrights' Posts

Accessibility Isn't Overrated
Making things simpler typically means better accessibility
Microsoft said “GitHub and its leadership team will continue its mission as part of Microsoft’s CoreAI organisation.” But it's just an empty shell created earlier this year.
In short, it's not too clear what Microsoft has just done except dumping GitHub - i.e. mostly a Web site that loses a ton of money (it always lost money) - into some mysterious new bucket
IBM Layoffs in MCC, or Marketing, Communications and Corporate Social Responsibility (CSR)
IBM and Microsoft inflate their share price by circular financing
 
Microsoft Windows in Croatia at New Lows
We've been keeping track of this trend for a while
Using the Best Tool/s for the Job: RSS Feeds and RSS Readers
Use RSS feeds. Reject those "modern" Web things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 19, 2025
IRC logs for Tuesday, August 19, 2025
Gemini Links 20/08/2025: Neovim, XML, and Alhena 5.2.9
Links for the day
The Register's Slopfest
Remember when The Register UK (yes, UK) had better standards?
Latest Version of Windows (Vista 11) is a Failure 4 Years After Its Fake 'Leak'
Vista 11 became more scarce this month
Improving Our Archives
Our old archives are still accessed a lot. Making them better is well worth the investment.
Things One Learns as a Litigant in Person at the UK High Court
Don't fear the official manuals
Slopwatch: Lots of Fake Articles From Fake "Linux" Sites and About "Linux"
Google says it's committed to "AI" (it means slop, not AI); that seems like an excuse to dodge accountability
Links 19/08/2025: "Eavesdropping on Phone Conversations Through Vibrations" and Air Canada in Chaos
Links for the day
Gemini Links 19/08/2025: Niche Spaces and "AI Pasta Sauce"
Links for the day
Links 19/08/2025: "NASA Is Giving Up on Climate Change Science" and "Earth's Continents Are Drying Out at an Unprecedented Rate"
Links for the day
Phil Wyett evidence & Debian Zizian plagiarism, modern slavery tendencies
Reprinted with permission from Daniel Pocock
In Many Countries People Move Away From Vista 11
Vista 11 has been available for download for 4 years already, but adoption has been poor
Desktops/Laptops Fall to All-Time Lows in the UK, So Why Does British Media Quote a Famous Criminal on "End of the Smartphone Era"?
mobile usage (for Web access) has never been higher, based on an Irish surveyor, statCounter
The Groklaw Web Site Has Been Hijacked by Scammers
Groklaw.net isn't a safe site to access at this time
The Register MS gets Lazy, Uses Slop
Unlike 3-D renderings or "Classic" CG, slop images aren't quite original and definitely not fair use
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 18, 2025
IRC logs for Monday, August 18, 2025
Online Safety Act Does Not Tackle the Worst (and Biggest) Culprits
if our governments are serious about tackling online harms, then they need to look closely at GAFAM and social control media giants
Chat Control (1 and 2) in the European Union Sends the Wrong Message
This is an EU law
Slopwatch: Google News and Serial Sloppers (Fake Articles About "Linux")
Calling out the culprits
Gemini Links 19/08/2025: Digital Legacy and Chat Control
Links for the day
English Law Misused by Americans and Irishmen Against Brits is Unfair
There's always a way to improve existing laws
Overly Maximalist, Expensive, Localised Patent Law is Dooming Western Companies, Argue 3-D Printing Champions
We've long warned (over 7 years already!) that China's approach to patents will impress WIPO by gaming the totals but will doom the West
Links 18/08/2025: "Microsoft Store" Gets Increasingly Hostile, "Cracking Abandonware DRM"
Links for the day
Gemini Links 18/08/2025: Summer "Gone" and Web Reposts in Gemini
Links for the day
Microsoft's Windows in Gabon: Still Moving Down
What is this Unknown? Who knows...
Links 18/08/2025: LLM Reputation Damaged, Australia Catches Google Foul Play
Links for the day
Geeks Like GNU/Linux
The technical community seems to be consolidating and rallying around GNU/Linux
GNU/Linux is 486 in Ireland
4.86% that is
End of Reliable Media
it makes the world a worse place, it renders the Web a misinformation machine
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 17, 2025
IRC logs for Sunday, August 17, 2025
GitHub Won't Last Much Longer
Many things at Microsoft are going to go the way of the Skype (or "dodo"). GitHub will be among those.
We've Never Used Large Language Model (LLM)
we just never used an LLM
"Secure Boot" is a Security Problem, Not a Solution
These people don't try to improve security but to undermine security
Gemini Links 18/08/2025: Retro and Endless Escape from the WWW
Links for the day