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

Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
 
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026
Gemini Links 23/08/2026: Turning 60, PineTime, and Simulation Hypothesis
Links for the day
Will Your "Modern" New Car Still be on the Road in 2060?
Are people now expected to change a car as often as they replace a mobile phone and, if so, how fast would costs add up?
The Sniff Test
Be sceptical of "CoCs"
Cloudflare Sees a Quarter of Requests in China Coming From GNU/Linux Today
Will 23% ever be the average for GNU/Linux rather than a mere peak?
You Can Lose Some Battles and Still Win the War
Winning or losing isn't something for a scoreboard
GNU/Linux Usage Measured at 23% in Russia Today
the average was almost 10%
Things Not to Fear Missing Out on
Life is too short to pay attention to social control media
Gemini Links 23/08/2026: Exercising Again, Tackling Phone Addiction, and Putting Graal Online Back Online
Links for the day
Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day