EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

03.07.08

Another Cautionary Note: Nicolas Sarkozy

Posted in Europe, Microsoft, Patents at 5:37 am by Dr. Roy Schestowitz

Identifying foes of Free software…

For those who forgot, the French President has been doing a lot of legwork for Microsoft and their partners in the media industry. We mentioned this more recently, but a couple of references are worth repeating. The first one is about the president’s seemingly healthy affairs with Microsoft, namely:

Sarkozy and his family have been vacationing at a lakefront estate in Wolfeboro owned by former Microsoft Corp. executive Michael Appe.

Here is a recent change of law that was proposed (taxing the Internet).

French president Nicolas Sarkozy wants to ban advertising on public television and replace the income stream with a tax on mobile phones and Internet accounts. “Our national television must provide quality and access to culture; it must not be shaped solely by commercial considerations,” said Sarkozy in Paris on Tuesday.

And another.

What this neglects to take into account is the fact that falling into the public domain is a gain for the public – and hence the actual moment when it becomes part of the “national pop heritage” – and that the gain vastly outweighs any minimal effect it has on ageing rockers’ royalties.

The actual news comes from the following blog. It suggests that Sarkozy’s copyrights crusade shows no signs of abatement.

The support for Commissioner McCreevy came from the French President Nicolas Sarkozy. Soon after taking office, he set up a commission, led by the head of the major retail chain FNAC, to look into copyright and the creative industries. Alongside recommendations on ISP responsibility, the commission proposed extending copyright and this will be on the agenda when the French Government assumes the Presidency of the European Union in July this year.

For those wondering how this relates to this Web site, consider the strong relationship between copyrights and patent laws. The two are very different, but the term "intellectual property" strives to have them assimilated. TechDirt has published a good new essay against intellectual property, which is claims cannot really exist.

The main reason why I have trouble with the “property” part isn’t just the fact that it leads people to try to pretend it’s just like tangible property, but because it automatically biases how people think about the concept.

Here is another good analogy. [via Glyn Moody]

Copyright maximalists love to draw parallels between property rights and copyrights. But if we take that analogy seriously, I think it actually leads in some places that they aren’t going to like. Our property rights system was not created by Congressional (or state legislative) fiat. Property rights in land is an organic, bottom up exercize. The job of government isn’t to dictate what the property system should look like, but to formalize and reinforce the property arrangements people naturally agree to among themselves.

The fact that our current copyright system is widely ignored and evaded is a sign, I think, that Congress has done a poor job of aligning the copyright system with ordinary individuals’ sense of right and wrong. Just as squatters 200 years ago didn’t think it was right that they be booted off land they cleared and brought under cultivation in favor of an absentee landowner who had written a check to a distant federal government, so a lot of people feel it’s unfair to fine a woman hundreds of thousands of dollars to share a couple of CDs’ worth of music. You might believe (as do I) that file sharing is unethical, just as many people believed that squatting was unethical. But at some point, Congress has no choice but to recognize the realities on the ground, just as it did with real property in the 19th century.

Lastly, consider this new piece about it being a lost cause.

The scarcity argument focuses on the efficient use of existing resources. In contrast, the reward argument focuses on the creation of new resources. It says that people will under-produce valuable resources if they aren’t allowed to keep what they produce. For example, a farmer is far less likely to plant crops in the spring if he won’t be able to prevent others from harvesting them in the fall.

By eradicating the problem (software patents) and identifying barriers — including people — progress can finally be made. New laws which strive to illegalise/marginalise Free software can (and should) be eliminated for logical and scientific reasons, not just philosophical or economic ones. The copyrights debate has many parallels we can learn from.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

2 Comments

  1. Roy Bixler said,

    March 7, 2008 at 12:08 pm

    Gravatar

    I found the following article about Sarkozy’s proposal to eliminate advertising from public TV to be interesting:

    La suppression de la publicité sur les chaînes publiques en débat
    http://www.lemonde.fr/actualite-medias/article/2008/02/02/la-suppression-de-la-publicite-sur-les-chaines-publiques-en-debat_1006711_3236.html

    As the title suggests, it is in French and it’s currently only available in the Le Monde archives. Here are a couple of snippets I captured wile the article was free (with my own translation):

    “Désolé, mais publicité et qualité ne sont pas compatibles”, écrit
    ainsi “Raffin”. “Monsieur Le Lay (l’ancien PDG de TF1) avait été
    clair : pour vendre du Coca-Cola, il faut s’adresser à des
    cerveaux vides. Il faut des émissions les plus racoleuses possible
    et celles qui sollicitent le moins la réflexion du téléspectateur,
    afin que celui-ci soit le plus receptif possible lorsque viendra
    la pub”, écrit-il.

    “Sorry, but commercials and quality are not compatible”, writes
    “Raffin”. “Mr. Le Lay (ex-CEO of TV France 1) had been clear: to
    sell Coca-Cola, it is necessary to pitch it to empty minds. It’s
    necessary to have the most eye-catching broadcasts possible and
    those which provoke the least amount of thought in the viewer, so
    that the latter is as receptive as possible when the advertisement
    comes”, he writes.

    Plusieurs internautes soupçonnent aussi les arrière-pensées
    politiques et s’interrogent sur le futur financement de
    l’audiovisuel public. “Lorsque notre président a fait part de sa
    décision unilatérale, il arborait un petit sourire ambigu qui en
    dit assez long, écrit “Maxegor”. J’ai de sérieux doutes sur ses
    buts finaux, c’est-à-dire la survie ou non d’une télévision
    publique vraiment indépendante d’un pouvoir politique ou
    financier.”

    Several Internet users also suspect political ulterior motives and
    wonder about the future financing of public broadcasting. “When
    our president has announced his unilateral decision, he was hiding
    an ambiguous little smile which spoke volumes”, writes “Maxegor”.
    “I have serious doubts about his final goals, which is to say the
    survival or non-survival of a public television truly independant
    of a political or financial power.”

  2. -P said,

    March 18, 2008 at 2:05 pm

    Gravatar

    Dear BoycottNovell,

    Will you comment on Segolene Royal’s alleged recent support in favor of the United States territory of Puerto Rico?

    http://en.wikipedia.org/wiki/S%C3%A9gol%C3%A8ne_Royal#Harvard_University:_S.C3.A9gol.C3.A8ne_Royal_supports_independence_for_Puerto_Rico

    Thank you,

    -P

What Else is New


  1. Links 24/4/2019: Chrome 74, QEMU 4.0 Released

    Links for the day



  2. Supreme Court of the UK, Which Habitually Throws Out European Patents, May Overturn Troublesome Unwired Planet v Huawei Decision

    A lot of European Patents are facing growing scrutiny from courts (Team UPC, including Bristows, publicly complains about it this month) and "greenwashing" of the Office won't be enough to paint/frame these patents as "ethical"



  3. German Federal Patent Court Curbs the Patent Maximalism of the EPO, Which Promotes Patents on Nature and/or Maths Every Single Day

    European courts are restraining the EPO, which has been trying to bypass or replace such courts (with the UPC); it certainly seems as though European Patents rapidly lose their legitimacy or much-needed presumption of validity



  4. Any 'Linux' Foundation Needs to Be Managed by Geeks, Not Politicians and PR People

    Linux bureaucracy has put profits way ahead of technical merits and this poses a growing threat or constitutes risk to the direction of the project, not to mention its ownership



  5. Links 23/4/2019: Kodi 'Leia' 18.2 and DeX Everywhere

    Links for the day



  6. Code of Coercion

    Entryism is visible for all to see, but pointing it out is becoming a risky gambit because of the "be nice!" (or "be polite!") crowd, which shields the perpetrators of a slow and gradual corporate takeover



  7. António Campinos Would Not Refer to the EPO's Enlarged Board of Appeal If He Did Not Control the Outcomes

    António Campinos and his ilk aren’t interested in patent quality because his former ‘boss’, who publicly denied there were issues and vainly rejected patent quality concerns as illegitimate, is now controlled by him (reversal of roles) and many new appointees at the top are "yes men" (or women) of Campinos, former colleagues whom he bossed at EUIPO (as expected)



  8. Links 22/4/2019: Linux 5.1 RC6, New Release of Netrunner and End of Scientific Linux

    Links for the day



  9. USPTO and EPO Both Slammed for Abandoning Patent Quality and Violating the Law/Caselaw in Order to Grant Illegitimate Patents on Life/Nature and Mathematics

    Mr. Iancu, the ‘American Battistelli’ (appointed owing to nepotism), mirrors the ‘Battistelli operandi’, which boils down to treating judges like they’re stooges and justices like an ignorable nuisance — all this in the name of litigation profits, which necessitate constant wars over illegitimate patents (it is expensive to prove their illegitimacy)



  10. IRC Proceedings: January 27th, 2019 – March 24th, 2019

    Many IRC logs



  11. IRC Proceedings: December 2nd, 2018 – January 26th, 2019

    Many IRC logs



  12. Links 21/4/2019: SuperTuxKart's 1.0 Release, Sam Hartman Is Debian’s Newest Project Leader (DPL)

    Links for the day



  13. The EPO's Use of Phrases Like “High-Quality Patent Services” Means They Know High-Quality European Patents Are 'Bygones'

    The EPO does a really poor job hiding the fact that its last remaining objective is to grant as many European Patents as possible (and as fast as possible), conveniently conflating quality with pace



  14. A Reader's Suggestion: Directions for Techrights

    Guest post by figosdev



  15. Links 20/4/2019: Weblate 3.6 and Pop!_OS 19.04

    Links for the day



  16. The Likes of Chartered Institute of Patent Attorneys (CIPA), Team Campinos and Team UPC Don't Represent Europe But Hurt Europe

    The abject disinterest in patent quality and patent validity (as judged by courts) threatens Europe but not to the detriment of those who are in the 'business' of suing and printing lots of worthless patents



  17. The Linux Foundation Needs to Change Course Before GNU/Linux (as a Free Operating System) is Dead

    The issues associated with the Linux Foundation are not entirely new; but Linux now incorporates so many restrictions and contains so many binary blobs that one begins to wonder what "Linux" even means



  18. Largest Patent Offices Try to Leave Courts in a State of Disarray to Enable the Granting of Fake Patents in the US and Europe

    Like a monarchy that effectively runs all branches of government the management of the EPO is trying to work around the judiciary; the same is increasingly happening (or at least attempted) in the United States



  19. Links 19/4/2019: PyPy 7.1.1, LabPlot 2.6, Kipi Plugins 5.9.1 Released

    Links for the day



  20. Links 18/4/2019: Ubuntu and Derivatives Have Releases, digiKam 6.1.0, OpenSSH 8.0 and LibreOffice 6.2.3

    Links for the day



  21. Freedom is Not a Business and Those Who Make 'Business' by Giving it Away Deserve Naming

    Free software is being parceled and sold to private monopolisers; those who facilitate the process enrich themselves and pose a growing threat to freedom in general — a subject we intend to tackle in the near future



  22. Concluding the Linux Foundation (LF) “Putting the CON in Conference!” (Part 3)

    Conferences constructed or put together based on payments rather than merit pose a risk to the freedom of free software; we conclude our series about events set up by the largest of culprits, which profits from this erosion of freedom



  23. “Mention the War” (of Microsoft Against GNU/Linux)

    The GNU/Linux desktop (or laptops) seems to be languishing or deteriorating, making way for proprietary takeover in the form of Vista 10 and Chrome OS and “web apps” (surveillance); nobody seems too bothered — certainly not the Linux Foundation — by the fact that GNU/Linux itself is being relegated or demoted to a mere “app” on these surveillance platforms (WSL, Croûton and so on)



  24. The European Patent Office Does Not Care About the Law, Today's Management Constantly Attempts to Bypass the Law

    Many EPs (European Patents) are actually "IPs" (invalid patents); the EPO doesn't seem to care and it is again paying for corrupt scholars to toe the party line



  25. The US Supreme Court (SCOTUS) Once Again Pours Cold Water on Patent Maximalists

    Any hopes of a rebound or turnaround have just been shattered because a bizarre attack on the appeal process (misusing tribal immunity) fell on deaf ears and software patents definitely don't interest the highest court, which already deemed them invalid half a decade ago



  26. Links 17/4/2019: Qt 5.12.3 Released, Ola Bini Arrested (Political Stunts)

    Links for the day



  27. Links 16/4/2019: CentOS Turns 15, Qt Creator 4.9.0 Released

    Links for the day



  28. GNU/Linux is Being Eaten Alive by Large Corporations With Their Agenda

    A sort of corporate takeover, or moneyed interests at the expense of our freedom, can be seen as a 'soft coup' whose eventual outcome would involve all or most servers in 'the cloud' (surveillance with patent tax as part of the rental fees) and almost no laptops/desktops which aren't remotely controlled (and limit what's run on them, using something like UEFI 'secure boot')



  29. Reader's Claim That Rules Similar to the Code of Conduct (CoC) Were 'Imposed' on LibrePlanet and the FSF

    Restrictions on speech are said to have been spread and reached some of the most liberal circles, according to a credible veteran who opposes illiberal censorship



  30. Corporate Media Will Never Cover the EPO's Violations of the Law With Respect to Patent Scope

    The greed-driven gold rush for patents has resulted in a large pool of European Patents that have no legitimacy and are nowadays associated with low legal certainty; the media isn't interested in covering such a monumental disaster that poses a threat to the whole of Europe


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts