Bonum Certa Men Certa

Culture of Litigation Versus Business, Innovation, and Production

Law school dropout relies on lawyers, legal loopholes

Goodfellas



Summary: Notable new challenges to software patents advocacy from lawyers (the fox in the hen house)

TOP journal Nature has a new article from Joshua M. Pearce, who protests against nanotechnology patents and names Linux/FOSS for backing of his assertion that patents only slow down progress. In that sense, Pearce put forth the idea that software patents -- by inference -- slow things down. For corporations whose ultimate goal is to increase income this whole dimension called progress is secondary. It leads to the innovator's dilemma, so it can actually reduce income. Disruption requires making new machines, for example. The lifetime of cash cows is lessened. This is why managers might never like progress, unless it is truly necessary for survival in the market. Managers can also hire lawyers who specialise in how to use patents to artificially slow down progress, by getting granted monopolies on certain essential processes. Patents also help raise the price of products, which can in turn help income, at customers' expense of course.

The class of managers and patent lawyers has become the anathema of scientists, whose main goal is to improve knowledge or products/programs, which they believe can improve income too. Software does not require machines for manufacturing/copying, so the innovator's dilemma does not quite apply. Why is it that some people still try to impose software patenting on everyone? Clearly, such people care neither about business nor science. They are not business(wo)men or scientists, they are leeches. So why is it that in an online debate in Wired there were so many law professionals talking about software patents? One of them, Duffy, was one among perhaps half a dozen. As we pointed out repeatedly, there too many law professors in Wired and hardly any programmers like Stallman (he was the only one). We see this again and again. It's like a stacked panel. How about a forum or a series with actual software professionals and not career lawyers? Who is affected the most by such patents?

Stallman, a programmer by trade (he turned into an activist), shatters the claims made by Duffy, the law professor. A troll patents-hostile author covered it:

The large, bearded man bounded to the front of the room last Friday, hand thrust into the air, fingers shaking. It was a question-and-answer session, but he clearly wouldn't be able to wait long. He began speaking just before a conference organizer moved to hand him the microphone.

"So many stupid insults—and mistakes!" shouted Richard Stallman, the father of the free software movement. "I proposed a way to solve the problem! It's elegant, and it gets right to the point. Your criticisms are completely wrong."

The speaker he was denouncing, Professor John Duffy of the University of Virginia, had been defending software patents to the assembled crowd a moment ago. Duffy was actually proposing reforms, but as was the case with most speakers at this legal conference, Duffy's reforms weren't quite what Stallman was looking for. He was looking for a "safe harbor" for software—essentially, a total ban on any patents that touched on software.

Duffy raised the specter that some things might not be invented at all without patents, in software and other fields. "The only thing worse than a patented technology that burdens the public is not having a technology at all," he said. Sure, some software patents were a pain, but others were protecting important work. "The question is, will you get very serious research that is patent-motivated? Speech recognition, for example, is very patent-intensive."

In Stallman's view, the idea that society might be able to eliminate "bad patents" while keeping good ones is a kind of Jedi mind trick. Offering patents as a reward for software development—a system where the prize is a right to shut down someone else—is fatally flawed.


The "bad patents" party line is also advanced by Red Hat lawyers and lawyers who run a patent front for companies like IBM (e.g. OIN, USPTO). It's no good taking their advice because they defend their own occupation, which is not software development. Georg C. F. Greve was at an event this morning where legal people pushed software patents into FOSS (IBM style), under the "OSSFRAND" banner. Here are Greve's dents from the sessions. They are self explanatory really:

  • Chief economist of #EPO, Nikolaus Thumm, explains patents are supposed to grow public domain of knowledge at http://is.gd/jHZLko #OSSFRAND


  • This might be a good time to work of #WIPO at SCP/12 and SCP/13 on the economic rationale of patenting: http://is.gd/e6S1uy #OSSFRAND


  • Iain G. Mitchell: "FRAND is smoke and mirrors... but what does it mean?" Points out that "agreeing on fair forms no contract" #OSSFRAND


  • Provides example of how Nokia and Apple disagreed on what is "fair" and had to have the courts sort it out. #OSSFRAND


  • ...and explains how that can subvert standard setting by retracting the offer after the fact. Except in Scotland & Romania #OSSFRAND


  • FUD from Siemens: "Open Source is not free, you have to comply with the license, I cannot just do what I want with your software!" #OSSFRAND


  • Does this mean I am entitled to do whatever I please with Siemens software? ;) #OSSFRAND


  • (Paraphrasing) France Telecom: "I will render my presentation pointless by ignoring the basic definitions of terms I am using." #OSSFRAND


  • Microsoft dropping its 'but we're now open and collaborative' mask at #OSSFRAND


  • France Telecom sent a stand up comedian to #OSSFRAND: "Why would a large patent holder try to enforce patents on small companies?"




Kevin Drum, in response to the nonsense from Kappos, IBM's keeper of the patent cartel, writes the following after quoting Timothy B. Lee's article

A World Without Software Patents Would Be a Perfectly Good World



[...]

We already know what would probably happen if software patents didn't exist. That's because, for the most part, they didn't exist until the early 70s, and thanks to fights between the courts and the patent office, they didn't become common until the late 80s. And yet, the era from the 50s through the 80s was about as dynamic and innovative as you could possibly imagine. Lack of patents simply doesn't seem to have had the slightest effect on the growth of the software industry.

The world is different today, of course. But I see little evidence that software patents are any more necessary now than they were during the adolescence of the computer industry. Rather than spurs to genuine innovation, they've evolved into little more than virtual armaments that big companies use to fight virtual wars with each other. And virtual wars are no better for economic growth than real ones. Honestly, it's long past time for software patents to be put out of their misery and for software companies to focus their attention on inventing new stuff, not wasting countless man-hours of time building defensive patent portfolios with no real-world value aside from providing protection against other companies who are building their own defensive patent portfolios for the same reason. This particular arms race got out of hand a long time ago.



Some scholars argue that all patents -- not just software patents -- should be deprecated.

Comments

Recent Techrights' Posts

Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
 
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026
Layoffs in Twitter, Facebook, and Microsoft's LinkedIn
There are silent layoffs at Microsoft this month
We Don't Depend on Google and Don't Care for Google
We have our own site search and we don't depend on Google to bring visits/visitors to us
Change of Address at the Hired Guns, Address Removed
Companies tend to alter their 'shell structure' in anticipation of major action
Facebook Layoffs Due to Enormous Debt, Nothing to Do With "Hey Hi" Slop
The lies about "hey hi" in relation to layoffs will only contribute to further public resentment towards: 1) the media and 2) all the slop.
The Good IBM Managers Have Flown Away, All That's Left is the Book-Cooking Loyalists
IBM is just cheating the SEC and shareholders. This seems to be the only thing IBM's management is nowadays good at.
Microsofters' SLAPP Censorship - Part 12 Out of 200: Months Ahead of Serial Strangler From Microsoft Who Helped Double the Lawsuits (Funded by Third Parties) as 'Revenge' for Exposing Crimes
In 2024 I sat down and wrote about what had been done to me and to my wife
Crime Comes in Many Forms
apparently the SRA is OK with stranglers of women in America bullying the media in the UK
commandlinux.com, linuxteck.com, linuxiac.com, and linuxsecurity.com are Slopfarms With "Linux" in Their Domain Name
once readers realise they read slop they immediately lose interest
Links 14/03/2026: Adoption of Slop Has Killed BuzzFeed, Russia Sees "Economic Gain From Iran War"
Links for the day
Patriotism is Conditional, If It's Unconditional, Then It's Like a Cult
My love for Software Freedom is only as strong as my love for Freedom of the Press
Links 14/03/2026: Mass Layoffs at Facebook ('Meta') and Sweeping Layoffs at Twitter (xAI), Social Control Media and Slop Are Only Debt
Links for the day
Wrong Time, Wrong Place (Digg)
Kevin Rose and Alexis Ohanian can relaunch Digg.com, but we doubt it'll work "this time for real!"
Universities Became Bad Places for Work
What happened to academia?
Reporting New and Suppressed Information is What Journalism is All About
In the domain of Free software, there are very few sites out there that offer exclusive coverage on community affairs and there are many gagging/censorship attempts
The Limits of Speech and the Rationale of Limitations
it seems to be part of an international trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 13, 2026
IRC logs for Friday, March 13, 2026
Gemini Links 14/03/2026: Goodness, AD534 Multiplier Module, and Extroverts Online
Links for the day