Bonum Certa Men Certa

IBM Propaganda for Software Patents Rebutted by Masnick

Mike Masnick
TechDirt's Mike Masnick



Summary: Famous monopoly abuser (IBM) chooses to publicly promote FOSS-hostile legal frameworks, only to find its arguments shredded to pieces by TechDirt

IBM has been somewhat of a traitor whenever it advanced software patents around the world, e.g. Europe and New Zealand. IBM's arguments are full of holes. For instance, IBM tried to insinuate that patents help Open Source. Backlash to this lobbying effort was great at the time.



Here is Mosnick with an excellent, success rebuttal that covers many of the key points. It's nonsense-burying rebuttal that goes along the lines of, you have more patents, which means... well, that you have more patent monopolies, not innovation. Or, something is claimed to be successful because of patents, not despite of patents -- how often do we see that strategic fallacy in the copyright lobby too?

Wired kindly reprinted the rebuttal which says:

Rebuttal: ‘The Patent System Works Fine Because… Hey Look Over There!’



IBM’s Chief Patent Counsel, Manny Schecter, has one of the most ridiculous defenses of the patent system you’ll ever see over at Wired, entitled With All Due Respect: The Patent System’s Not Broken. Having debated the patent system for years, I’ve noticed a pattern among patent system defenders who are big time patent lawyers. Their argument tends to amount to: see this wonderful thing? It exists because we have patents. Period. The fact that whatever it is they’re pointing to probably has nothing to do with patents will never be acknowledged.

[...]

The reason for this is not difficult to assess if you’re not a patent lawyer. It’s that companies don’t sell “patents,” they sell products. And you can sell products whether or not they’re patented. If you build something people want, you can figure out a way to sell it — even if someone copies you. In fact, what plenty of other research has shown is that (again, contrary to what many lawyers believe) copying market leaders is often a hell of a lot more difficult than people believe. And, of course, even if you have a direct copy, it doesn’t mean you can really compete. The first mover advantage is important, but so is knowing how to market and sell products, and copiers often don’t do a good job on that front. So, yes, there are plenty of reasons companies would spend a lot of money without patents.

[...]

Where to start? First off, which economists? Second, having your value attributed to your “intellectual property” (loosely defined) is not the same thing as saying that it’s because of intellectual property laws. This is a common and ridiculous mistake that many make — assuming that because the things currently covered by IP laws are important, the laws themselves must be important. Ideas, content, innovation etc. all exist absent IP laws. This is something that patent lawyers seem to conveniently forget or ignore. Next, the $5 trillion number and the 40 million jobs claim — well, that’s equally bogus, as we’ve discussed before. It’s based on the ridiculous and obviously faulty belief that these jobs and “contribution” to the economy are due to “IP laws” and not other economic activity such as people actually selling stuff. And those jobs? Yeah, anyone who claims that has lost all credibility, because, remember, it’s actually mostly about trademark, and that means that 2.5 million of those jobs are actually people working at grocery stores. Sorry, dude, you don’t get to claim the checkout bagger as a reason why we need stronger patent laws.

[...]

In the end, none of the arguments he makes even come close to making sense. At best, he argues some sort of bizarre correlation to make his point, but most of the time he’s just pointing elsewhere and pretending it has something to do with patents. We could just as easily argue that patents have caused population growth in the US. I mean, look, the population has grown… and we have patents! And it would be just as meaningless as every single argument he makes.


Over at Groklaw, a pro-IBM site, Jones wrote: "The software industry was built when there were no software patents, as Bill Gates himself has pointed out. The patent system is broken, if you are not already one of the three or so "winners" already in place. That's who it works for. But innovation doesn't come from them."

Manny Schechter speaks for a monopoly abuser from the old days, he does not speak for scientists. Ansel Halliburton, a patent lawyer, showed similar pro-patents leanings when he said Apple is getting money from HTC (FUD!). "Plus," writes Jones, "FOSSPatents is drooling loathesomely that Nokia will win royalties from HTC as well next. How's that for a free market? "Let's all get together and kill of Android," eh?"

We'll discuss this in the next post. It's all just FUD from patent lawyers, Microsoft lobbyists, and some inane boosters. And this FUD has travelled way too far.

Comments

Recent Techrights' Posts

Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
 
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day