Bonum Certa Men Certa

Steven Lundberg Uses Gymnastics in Logic in Order to Sell Software Patents

Surrender to software parents or people will die?

Steven Lundberg



Summary: Monopolies on algorithms are advocated by yet another attorney who taxes science using patent monopolies and the associated bureaucracy

Steven Lundberg, somewhat of a lobbyist for software patent policies who has a blog fully dedicated just for this purpose, is still at it. The firm he is in, Schwegman, Lundberg & Woessner, apparently agrees with these actions of his because its name is put near it. Does that make him, Mr. Lundberg, a representative? "Here’s a Question for Opponents of Software Patents" says his new bit of deception (in the National Law Review), which goes like this: "Ok, here’s a question for the opponents of software patents: If software patents are such a drag on the software industry, why don’t the countries with weak or non-existent software patents, or at least countries with relatively few software patents, have the most innovative software industries? Perhaps they do, but I have never seen any stats supporting that proposition. It is well known and irrefutable that countries that had little or no protection for pharmaceuticals also had virtually no ethical (innovative) pharmaceutical companies. Is not the same true for software patents?"



“Microsoft and the rest of the US software industry had no patents when it was building its empire. So that answers your question right there.”
      --Pamela Jones, Groklaw
Due to matters of scarcity and the process which may be involved in stepping inside a patent, these two are not comparable. Moreover, it's a disingenuous attempt to compare the question about software patents to a life or death situation/dilemma. Someone asked us to address the subject today and it is probably quite timely, especially because there are Mono thugs who falsely try to suggest that I endorse patents (they spread this lie today); people in academic settings who apply for patents or receive grants from pharmaceutical companies such as AstaZeneca (their role then typically becomes to push the grant giver's agenda in peer-reviewed journals or corrupt publications like Elsevier's, where bribe money buys placements, e.g. Merck's, but that's another subject) sometimes apply for patents, but I do not and I never will; to attribute to me the preferences of some other academics is absolutely ridiculous and unfair. It's a gross generalisation. When universities amass monopolies or even funding from companies (I am funded by the ERC by the way, so no such conflict arises), then it's another matter altogether. It's really dodgy stuff sometimes and I rarely restrain my scepticism.

But let's go to the subject matter (pun intended), which is patents on drug-making. We actually addressed this subject on numerous occasions before, especially around 2009 when we also shared videos that debunk these commonly-repeated myths (e.g. patents as life savers). A few hours ago I had a one-hour conversation with a fellow professor who had researched this field for decades and he too is cynical about it. Today he explained how the vast majority of the pharmaceutical companies' output [1, 2, 3, 4, 5, 6, 7, 8] is not effective or hardly effective but because they stick together like a cartel, they can carry on selling drugs and making massive profits which they then funnel into bonuses and a lot of marketing that affects perception, not effectiveness of treatments. It's a sure way to make money, which is what they're all about. Patents to them are often means for excluding competitors (e.g. generics) and hiking/elevating prices to the point where the customer can barely bear it. So these patents too have their room for doubt, as we explained very recently. There is still no justification for comparing these to software development, which someone can do while traveling on the train. It is the old trick of improper analogies to support one's weak case. Groklaw responds to Lundberg by writing: "First, it's a mistake to compare pharma with software. The development model is too different. Second, Microsoft and the rest of the US software industry had no patents when it was building its empire. So that answers your question right there. And as for being a drag, Gates himself said if there had been patents allowed on software when he was starting Microsoft, he would have failed. And even Justice Breyer in the Microsoft v. i4i oral argument indicated an awareness that there are problems from issued patents, so it's too late to pretend that nothing bad happened from allowing patents on software. If you continue to deny reality, you will allow incumbents to destroy Linux and other FOSS software, which is a very foolish economic decision on your part, since it benefits only a convicted monopolist."

One need not expect Steven Lundberg to be persuaded or to change his mind. He is in it for the money, not the science, but it is important to ensure he cannot bamboozle scientists into thinking he is on their side. Schwegman, Lundberg & Woessner is not the voice of reason.

Comments

Recent Techrights' Posts

Summer Plans in Tux Machines
July is nearly upon us
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"
 
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
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
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)
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
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
Links 26/06/2026: SoftBank Forbids Mentioning That Slop is a Scam, "'We Need Courageous People' to Combat Greed and Corruption"
Links for the day
Gemini Links 26/06/2026: "Negativity of Reddit" and "Moving Blog to Gemini"
Links for the day
Same MIT Site That Fabricated the Fake News for IBM is Still Being Paid to Produce Fake "Reports" That Prop Up a Ponzi Scheme
If this is the media we deserve as a society and believe keeps us informed, then we are all doomed
'Social' Slop: The Social Control Media and Slop Crises Are Converging
Social Control Media and slop may have a shared fate. People will shun them both.
XBox Being Discontinued, Some Models of XBox Canceled, Not on Sale Anymore
First some of the largest retailers quit stocking/selling XBox, now a 2TB model is axed
Union Syndicale Fédérale (USF) Speaks Out Against Campinos and Informs the Chairman of the EPO Administrative Council
Does Mr. Kratochvíl pay any attention at all?
'António the Pretender' Campinos is Digging His Own Grave With Grotesque Lobbying Intended to Undermine Democracy in Europe's Second-Largest Institution
One way or another, the EPO will never be the same again
The Principle of "Do No Harm"
"Do No Harm" is a common saying
After Years of Bluewashing People Who Are Still Labelled "Red Hat" Suddenly 'Leave' (Might be PIPs), IBM in "Forever Layoffs" Loop
Remember that Red Hat had mass layoffs this year
Microsoft Staff Bracing for Impact Ahead of "Layoffs Lottery"
some people start to assess who will get culled next
Donald Trump and IBM's CEO: Twins Separated at Birth, Saturating the Media With False Reports About Things That Don't Exist
Every "journalist" that went ahead with this fake news should be sacked on the spot for a rejection of fact-checking
The Register MS Will Become Indistinguishable From Spamfarms at This Current Pace
Follow the money...
Microsoft Layoffs Have Already Begun in Its PR Department
It is called Waggener Edstrom
Techrights Community as Litigants in Person (LIPs)
Unwittingly and due to circumstances we're had to step in to protect women abused by monstrous men who lack empathy
European Patent Office (EPO) Series: Rest and Recuperation on the Adriatic Coast
The EPO President's connections with the Croatian SIPO date back to his days as head of the EU trademark agency EUIPO
Firehose of Spam (Fake News) From The Register MS Today
This is how awful the state of news sites really is
Slopfarms Becoming Scarce and Few (or Inactive)
we'll try to refrain from even giving the remaining slopfarms any visibility
The Register MS Promotes Things That Do Not Exist... for Money
How much more ZTE spam will come out before 5PM?
Links 26/06/2026: RIP, Om Malik, 1966-2026
Links for the day
Memory Leaks Suck
Slop ('vibe') coding means lots of bad programs
Natural Disasters and Personal Disasters
Thank you, Om Malik, for the positive memories
Gemini Links 25/06/2026: Life Philosophy and Misery
Links for the day
GAFAM Became a Mainstream Term, and Why Words Matter
Conveying problems in useful terms [...] Impairing propaganda attempts (e.g. calling parrots "intelligence", back doors "confidential", and outsourcing "cloud") should be the first step
European Patent Office (EPO) on Strike Today, Next Week Another Historic Week
If you live in Europe, contact your delegates today
FSF FreeJS Project (Part of the GNU Project's Goals) Advanced Further in 2026
They're moving to reduce dependence on anything to do with Microsoft
SLAPP Censorship - Part 119 Out of 200: Our Suggestions to Our Politicians and Heads of State
coverage about SLAPPs and related matters
Microsoft Already Closing Down Studios, According to Some Publishers
It is being compared to what happened in Intel
IBM PIP Stories Told in Public, Fake IBM News (Fabricated Claims) Drown Media Sites
IBM is seeding fake news to help justify the bailout
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 25, 2026
IRC logs for Thursday, June 25, 2026
Microsoft Falls to Lowest Value Since 2023
Microsoft can come back down to somewhere below $100
This Could be the Start of Microsoft's Biggest Wave of Layoffs in 50+ Years
This is what it looked like for Intel a few years ago
The Register MS is Promoting a Pyramid Scheme for Money, But It Is Over 6 Million Pounds in Debt
How much lower can the reputation of this publisher sink?
Gemini Links 25/06/2026: Unix-like People and NeoGeo
Links for the day
Members of the Delegations in the EPO's Administrative Council Told That Amid Unrest Campinos Must Go; a Year of EPO Strikes Means It's Time to Change Leadership
Which strategy is needed for the European Patent Organisation?
The Cyber Show on How Data is Misused and Broadcast is Abused to Crush Resistance to Harmful Technology
We recently published a number of articles about how Computer Science is coming under attack
Increasing Participation Rates in Staff Representatives' Elections at the European Patent Office (EPO)
The industrial actions seem to have brought colleagues closer together
Microsoft's Mass Layoffs Have Already Begun (Could Not Wait 'Til July)
Microsoft's biggest layoffs round in 50+ years?
Assessing the "Worth" of a Life
Don't let blunt plutocrats decide whether Venezuelans deserve sympathy or not
Planning 20-Year Techrights Event
Interested people can contact us in IRC
Links 25/06/2026: Earthquakes Strike Venezuela, Conflict of Interest in Kangaroo Court UPC
Links for the day
More Weight of IBM's Stock is Ascribed to Lies and Things That Do Not Exist
Turning stones into gold?
SLAPP Censorship - Part 118 Out of 200: Exposing Crimes is Not a Crime, It is a Public Service
We will soon enter the sixth year of lawfare
Links 25/06/2026: "Why We Need Seed Legislation" and XBox Chaos Predicted by Insiders
Links for the day
Gemini Links 25/06/2026: Hobbies Change, Young love, Strange Encounter, and Raspberry Pi Zero W
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 24, 2026
IRC logs for Wednesday, June 24, 2026