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

Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026