gates11.jpg
Gull durn it! I’m so mad I could spit!

A Patent Lie – New York Times — Excellent Op_ed in the Times. How did we all miss this one?

WHAT a difference 16 years makes. Last month, the technology world was abuzz over an interview in Fortune magazine in which Bradford Smith, Microsoft’s general counsel, accused users and developers of various free software products of patent infringement and demanded royalties. Indeed, in recent years, Mr. Smith has argued that patents are essential to technological breakthroughs in software.

Microsoft sang a very different tune in 1991. In a memo to his senior executives, Bill Gates wrote, “If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today.” Mr. Gates worried that “some large company will patent some obvious thing” and use the patent to “take as much of our profits as they want.”

Mr. Gates wrote his 1991 memo shortly after the courts began allowing patents on software in the 1980s.

found by Mark Perkel



  1. Miguel says:

    Why hypocrisy? This is the true nature of politics. No need for consistency – that only generates word games. The nature of the game is: maximize own gains, whatever it takes.

  2. Billabong says:

    It looks like bill has a virus.

  3. cheese says:

    Just because they are patenting the color blue and everything else that touches it does not mean they have to enjoy doing it. I don’t think they have much choice in this climate.

  4. Adger says:

    It amazing how a change of perspective especially when money is involved changes the whole mindset and perspectives .
    Goes all the way back to caveman never mind open source software projects

  5. ChuckM says:

    Dumb Mr. Gates… imagine that, turning a threat to his business into a business. Give me a break… this isn’t hypocryt, it’s business. You make the best hand you can out of the cards given… Patents are part of business…

    As well, it’s one thing to say, Company A is using my patent for profit, so company A should pay me. But compare it to the open source world… Software A is using my patent, Software A is free. But everyone using Software A is for profit. Um… I want my money for my patent.

    Sorry, that’s where “free software” fails miserably… It might be “free”, but everything around it isn’t. Just cause you give away the software, doesn’t mean you aren’t making a profit.

  6. DaveW says:

    “A man who’se allegiance is ruled by expedience.”

    Stolen from Tom Lehrer’s song about Werner Von Braun, but it fits.

  7. mark says:

    OK, we got Gates and Jobs on the same blogging day, 2 components of the Axis of Stevil…..who will be the third?

    Cant take credit for that term, dont remember who coined it, but I love it.

  8. Gary Marks says:

    ChuckM, whether you call it hypocrisy or call it business, the fact remains that the man who once saw himself vulnerable to being strangled by software patents has now become the strangler himself.

  9. ECA says:

    DUH…

    Sence he has stolen the patents to MANY bits of software, and they have been in his hands more then 10 years, the statute of limitaions is OVER….

  10. bobbo says:

    The issue here is not hypocrisy but rather the stifling effect of our patent system. Patent law is a pure creature of legislation and special interest, it can be AND SHOULD BE changed as best benefits society.

    And its not just software where we are all being injured by monopolistic parasites, medicine espcially in the new area of gene technology is experiencing the same issue.

    I guess we should just repose our trust in the same government that protects our borders and our jobs to protect us against this self injurious scheme as well.


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