Bonum Certa Men Certa

Openwashing With Patent Pledge Nonsense: Tesla Merely Gives Back What it Took Away

Tesla



Summary: Elon Musk from Tesla Motors claims to be 'sharing' inventions, but the true motivations are far less benign than it seems on the surface (if not malicious)

WE HAVE been patiently watching "Linux" and "Open Source" feeds filling up with something that is not related to software but claims to be inspired by "Linux" and "Open Source". It's some marketing stunt from Tesla, which got the attention of OS (Open Source) Vehicle (another openwashing attempt).



The post says: "Is this a marketing stunt?

"I don’t think so. This can be a genuine effort from one of the visionaries of the silicon valley, one of the most advanced companies on earth, taking finally into account that – by having a value proposition targeted at a customer segment that is pretty small, mostly made by wealthy people most of them living in the US. You can’t really change the world for the better in a short enough amount of time (do you remember we have only less than 6000 days? – look at this).

"As you may also know, Tesla is developing a pretty cool new technology for batteries and it’s probably sure that having other big automotive brands producing cars based on their technology, their batteries will be able to target a bigger market and – at the end – achieve a bigger transformation effect on automotive."

But why were these patented in the first place? And if these were not patented, would Tesla be able to make a fuss about the so-called 'giveaway'?

The post goes on: "But if Tesla really wants to scale up its contribution, it must work towards the real adoption of the technological solutions that it is making available, it must switch from a product approach to a platform approach and – in a way that is similar to what we are doing – needs to engage with the community, understand how these technologies can be used and are going to be used and make efforts to ensure that every player in the market will have the same access, an access that is clear in terms of rights, obligations and implications.

"Also, an open source (patents) car will work in the future only if it’s accompanied by an open and distributed manufacturing process, that is able to include multiple stakeholders and be based on a more participative value chain, also embedding the principles of Cradle to Cradle production, eliminating waste and obsolescence."

We were preparing a long article about this whole marketing exercise that's basically openwashing the company using the disgraced notion of "opened" patents. IBM, HP and other companies have been using this marketing exercise before. It's utterly pointless and we have countered it repeatedly. Why are so many journalists bamboozled, including FOSS-friendly ones? Here is one key person from Canonical stating: "When I get home, I'm going to take down a plaque that has proudly hung in my own home office for nearly 10 years now. In 2004, I was named an IBM Master Inventor, recognizing sustained contributions to IBM's patent portfolio."

Further down he says: "I've never been more excited to see someone back up their own rhetoric against software patents, with such a substantial, palpable, tangible assertion. Kudos, Elon."

But Elon did not revoke the patents, he just claimed to be sharing them (in a pseudo-geeky way with a famous meme). That's a very different thing. It's the same thing that IBM claims to be doing with OIN, among other strategic marketing angles.

Shameless here is the type of free marketing newspapers gave Tesla, characterising a patent hoard (followed by openwashing) as some kind of championship of FOSS. The PR nonsense audaciously uses the term sharing, even though it's all about profit. They are selling patents as a form of marketing, creating dependence on their technology. Elon Musk, the CEO, has been getting far too much credit and publicity here; it's rather familiar because all sorts of patent 'pledges' by HP and IBM are worse than useless and his is no better. Those two companies lobby for software and try to make it look OK. Likewise, Tesla is patenting all sorts of things and now makes the patents looks legitimate by 'sharing' them (whatever that means). It's the Robin Hood mentality or the doctrine of 'charity', where rather than establishing social equality one works vertically, by giving from top to bottom, selectively, upon one's will and supposed 'generosity'. As long as there are patents on things like these, lawsuits will continue to harm small companies. "Heavy patent litigation scared off about $22 billion in VC funding over 5 years," said this one new article, and it is one among many.

The press that Tesla received extends to other countries and resorts a to pathetic cocky attitude that uses metaphors ("Handing Over the Keys") for openwashing or the notion that Telsa is "contrarian" and "open source" ("the open source movement").

One decent response to the marketing from Tesla came from Jan Wildeboer, who wrote:

Thank you, Tesla Motors For The Patents, but …



Here’s the thing. Elon Musk doesn’t trust the patent system to protect his inventions. So instead of filing for more, he will simply not file at all and keep his inventions secret. The stuff that already got patented thus is already considered lost by him so it is safe to “open source” them all.


When will the press finally 'get' Tesla's real reasons for doing this? It's about self interest; Tesla would get sued by shareholders otherwise.

Recent Techrights' Posts

Universities Became Bad Places for Work
What happened to academia?
Microsofters' SLAPP Censorship - Part 11 Out of 200: Cannot Censor His Spouse, Accusations Are Repeated Today
He already has a history of threatening to sue gay people in America; he cannot take criticism too well
"Alternative to Microsoft Office" Must Use Free/Open Standards/Formats for Real Sovereignty
It would make sense for the EU to invest in its own workers and its own software projects, more so now that there are hostile countries both to the east and to the west
When Everybody Has a Right/Access to An Attorney/Lawyer (But Some Get Funding From Malicious American Corporations to Spend a Million Dollars on Many Lawyers and Several Barristers)
And send about 75 KG of legal papers to the residence of the "opponent"
 
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!"
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
Atlassian Corp: We're Doing Layoffs Because of "Hey Hi"; Wall Street: Atlassian Corp is Just a Failing Business
Don't ask "the media"
Price of Storage, Price of Energy... What Next?
EPO workers are going on strike because their salaries don't keep up with price increases and tech companies without connections in "the channel" face long delays, low availability, and high prices (no "bulk" purchases), which further solidifies monopolies.
Don't Forget Red Hat's RTO (Return-to-office) Layoffs
How many people still remember that Red Hat did the same thing?
Reminder: Microsoft silent Layoffs by RTO (Commute Time and Lack of Comfort/Work Satisfaction) Already in Effect This Year
It's difficult to measure how many employees have already "left on their own" due to the RTO policy
Founder of IBM Ventures Has Just Quit IBM
Some people leave IBM and many people 'leave' IBM
Signs of Impeding Mass Layoffs - Not Just Quiet Layoffs - at Microsoft
Beneath the surface there are waves of layoffs and even entire teams are let go
Career Science and Academia as Corporate Propaganda 'on Tap'
article about surveillance
Veteran GNU/Linux Journalist Jack Wallen Tries Geminispace and Likes It
It'll turn 7 some time soon
Scheduled Maintenance Tonight
There will be similar work early next week
IBM Has No Clue How to Integrate Companies Like Red Hat
IBM is failing to respect this company's culture
Fake Articles From Sites With "Linux" in Their Name/Domain Name
we can at least hope that linuxteck.com made a decision to quit slop
Links 13/03/2026: New US Weapons for Taiwan, Pakistan Air Strikes Hit Kabul
Links for the day
Gemini Links 13/03/2026: Exhaustion and Smartphone Addiction
Links for the day
Friday the 13th & Debian Developers afraid to nominate in DPL elections
Reprinted with permission from Daniel Pocock
Links 13/03/2026: Chatbot "Pentagon Contract" (Bailout) and Secret Service Ditches Slop Pusher
Links for the day
European Qualifying Examination (EQE) Being Reduced to Pieces of Papers One Can Buy, Patent System Rapidly Losing Its Legitimacy
Welcome to the "new Europe"
Priorities in 2026
2026 is an interesting year
Willis Towers Watson (WTW) Producing More Propaganda for EPO "Cocaine Communication Managers"
The Local Staff Committee The Hague (LSCTH) has this new paper about Willis Towers Watson (WTW) and its annual EPO-sponsored propaganda, pretending all is well when things are clearly dire
Head of Microsoft Office and Microsoft 360 is Leaving Microsoft Amid Problems and Mass Layoffs
Microsoft is like a "legacy" company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day
By Expanding to Advocacy of Ponzi Schemes and Bill Epsteingate (Sex Trafficking), Linux Foundation Revenue Grew to $220,730,594, But Salary of Linus Torvalds Not Even in Top 10 Anymore!
true!
In the Name of Transparency, Today We Show Our Defence and Counterclaim
already uploaded by the other side
IBM Cannot Even Do Payroll, Now a "Legitimate Target" of Iran
Missiles or not, it seems like IBM systems will be targeted more by cybercriminals
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day