Bonum Certa Men Certa

Patent Misconceptions Promoted in Media Dominated by the Patent Microcosm, Not Actual Innovators

Wong way



Summary: Examples from the media where popular myths have been promoted over the past few days, taking advantage of passivity and silence among those who actually create and invent

THE POPULAR media does not always inform readers/watchers. There's agenda to pass along and it dominates broadcast/papers. As we have been saying for years, it's rare to see actual technologists writing about patents; instead, it's typically law firms that do so.



Some days ago we saw this press release [1, 2] about new videos. To quote the opening paragraph:

Prof. John Rizvi, Esq, renowned AV-rated and one of the first board certified patent lawyers in the United States, and creator of the inventor platform, The Patent Professor€®, has released a groundbreaking educational animation video library designed to simplify arcane and complex aspects of patent law for entrepreneurs seeking to accelerate and win patent approval with the United States Patent Office (USPTO) for their ideas.


So what we have here is once again patent lawyers. They try to get the message across.

Over at Watchtroll, Shai Jalfin published an article on Friday and it was about cross-licensing -- a practice by which 2 or more very large companies cooperate to exclude smaller rivals, in essence bringing together patent portfolios to erect a bigger fence and ensure no litigation among them. Jalfin himself admits that "the duopoly profit attained by cross-licensing can be greater than the profit from a monopoly scenario." So yes, it's about exclusion and domination. To quote:

According to a study conducted by the Boston University School of Law, in 2011 patent litigation by so-called patent trolls cost US software and hardware companies a staggering $29 billion. Although that staggering figure has been discredited, few seriously doubt the reality that patent enforcement through litigation campaigns create risk for technology users and imposes a financial burden on industry. Even more modest assessments suggest a figure that is still over $7 billion.

One of the most common motivations, therefore, for cross-licensing agreements is to avoid spending valuable resources on suing and counter-suing for alleged patent infringement. Cross-licensing allows companies to reach an out-of-court settlement in which they barter their respective IP value and rights. The infringer/competitor now becomes an ally.

But cross-licensing is not just a barter to fend off intellectual property lawyers or reduce licensing fees – it can and should be the basis of forward-looking alliances that encourage knowledge flow and spur post-licensing innovations. Studies have shown that the duopoly profit attained by cross-licensing can be greater than the profit from a monopoly scenario.


"A patent gives a right of ownership on the invention," said another new blog post from the patent microcosm, but a patent is a monopoly, it is not an ownership. The blog post is titled "All you need to know about patents and how to protect your idea," but it's full of misconceptions too. From the introduction:

A patent gives a right of ownership on the invention. As an inventor, a patent gives you the exclusive right to control uses of your invention. You can either stop others from making, using or selling your invention without your permission, or you can choose to commercialise your right by letting them use your invention for a fee.


We saw some other examples in recent days, including "Meet the Patents: Where Signiant Leads, Others Follow" and "Patent Power 2017" from IEEE, which merely helps the large monopolies with patent glorification such as this. To quote:

Two household names—Amazon and eBay—are new additions to this year’s Patent Power Scorecards. It’s not that they hadn’t had valuable patent portfolios previously, but they had been omitted because their primary industry was retailing, which fell outside the tech-sector scope of the scorecards. However, as Amazon has branched out into Web services, its patent portfolio has become increasingly dominated by patents related to technologies such as networking infrastructure, Web transactions, and server hardware. The same is true for eBay, making both companies a natural fit for the Communication/Internet Services scorecard. Indeed, Amazon enters the scorecard straight into first place, knocking Google off the top spot. This makes Amazon the first company ever to rank ahead of Google in the Communication/Internet Services scorecard.


IEEE (Spectrum in this case) has long been problematic when it comes to patents. We wrote a great deal about that. It also promoted software patents.

The lack of objective coverage regarding patents (not attempting to sell services etc.) is a serious problem as it serves to reinforce profound misunderstandings.

Recent Techrights' Posts

[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year
 
Links 11/05/2024: Analysis of the Microsoft Crisis and Backdoor-Looking Bugs
Links for the day
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Gemini Links 10/05/2024: Love Is Infinite and Books vs Internet
Links for the day
Links 10/05/2024: Fears Over TSMC, Microsoft Loses Major Patent Case
Links for the day
Links 10/05/2024: Burner Phones in 6-Eyes Government, “Hatred and Demonization” on the Rise
Links for the day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day