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 18/4/2015: ExTiX 15.2, RaspArch

    Links for the day



  2. Microsoft Tired of Pretending to be Nice to Free/Open Source Software (FOSS), Microsoft 'Open' Technologies Dumped

    Microsoft dumps its proxy (misleadingly named 'Open Tech') and other attacks on Free software persist from the inside, often through so-called 'experts' whose agenda is to sell proprietary software



  3. More Translations of French Article About the EPO

    German and Dutch translations of the Le Monde article are now available



  4. Links 17/4/2015: Wipro and the Netherlands Want FOSS

    Links for the day



  5. Microsoft's Multi-Dimensional Assault on Android/Linux: Extortion, Lobbying of Regulators, and Bribes

    Microsoft's vicious war on Linux (and Android in its current incarnation) takes more sophisticated -- albeit illegal (as per the RICO Act) -- forms



  6. Microsoft's Plot to Associate Windows with 'Open Source' is Proving Effective, Despite Being Just a Big Lie

    A look at the latest headlines which can lead to a false perception that Microsoft is now in bed with 'Open Source'



  7. Microsoft Windows Remotely Crashed, Remotely Hijacked, But Still No Logo and No Branding for the Bugs

    Windows maintains its reputation as a back doors haven, but the media is still not highlighting the severity of this issue, instead focusing on accidental bugs in Free software, even very old (and already fixed) bugs



  8. Black Duck's Latest Self-Promotional Propaganda (for Proprietary Software) Still Fools Journalists

    Under the traditionally misleading title "Future of Open Source" Black Duck expresses its desire for proprietary software sales, salivating over fearful managers who may get bamboozled into buying the patents-'protected' Black Duck 'product'



  9. Links 16/4/2015: Opera for 32-bit GNU/Linux, New Chromebook Site

    Links for the day



  10. Links 15/4/2015: Plasma 5.3 Beta, Docker's New Funding

    Links for the day



  11. Microsoft is Still Googlebombing the Term Open Source and Fooling Politicians Who Now Think Microsoft is Open Source

    Microsoft's attempt to assimilate (to confuse) bears some fruit and the Microsoft-linked media plays a considerable role in it



  12. Back Doors/Bug Doors in All Versions of Microsoft Windows Need a Name, a Logo, and Branding Too

    All versions of Microsoft Windows are found to have been insecure since 1997, but the bug responsible for this is not named as candidate for back door access, let alone named (with logo and marketing) like far less severe bugs in Free/libre software such as OpenSSL



  13. OnePlus (or OnePlus Customers) Should Wipe CyanogenMod From Existing Devices and Install Something Else

    A call for OnePlus to reconsider any future updates from Microsoft's Trojan horse, Cyanogen



  14. Links 14/4/2015: 3DR Dronecode, Z1/Z2 Tizen

    Links for the day



  15. Links 13/4/2015: Linux 4.0 Released; A Look at Antergos 2015.04.12

    Links for the day



  16. EFF Uses Alice v. CLS Bank Case to Pressure USPTO to Halt Software Patenting

    A look at recent patent policies and actions from the EFF, as well as increasing secrecy at the USPTO



  17. No, Panasonic Did Not Open-Source Anything (Another Example of Openwashing for PR)

    A dissection of media deception (or media being bamboozled) regarding the act of promising not to sue using patents, which in no way relates to Free/Open Source software



  18. Yes, Software Patents Are Dying, But Media Continues to Be Dominated by Those Denying it For a Salary

    The debate about software patents in this post-Alice era parallels the Net neutrality debate, where voices of people with vested interests contribute to confusion and meddle with largely-accepted views/consensus



  19. Links 12/4/2015: Linux 4.0 Imminent, Semplice 7 Reviewed

    Links for the day



  20. GNU/Linux is Crushing Windows, So Microsoft Leaps Ahead to X+2 Vapourware (Two Versions Ahead Into the Future)

    Microsoft continues to pile up bogus claims and empty promises in an effort to stall migrations to GNU/Linux



  21. The ITC's and US Media's Surprisingly Soft Treatment of Patent Bully Apple

    Despite Apple's history of initiating patent aggression against its competition (mostly Android-backing companies), the US corporate media treats Apple like a victim



  22. Microsoft Continues to Attack (and Tax) Linux Using Software Patents

    Microsoft stabs Linux in the back while it continues to insist that it 'loves' Linux



  23. European Unitary Patent Decision Due 5th of May

    The meta-industry of patent protectionism is debating and pushing forth the Unitary Patent Court, with or without endorsement from the European public



  24. Microsoft is Still Googlebombing 'Open Source'

    Microsoft's massive campaign of deception, obfuscation and misuse of the "Open Source" brand is still on, even a week after it was cleverly started by Condé Nast



  25. Links 11/4/2015: elementary OS Freya, Mageia 5 on the Way

    Links for the day



  26. Links 10/4/2015: Linux 4.0 Imminent, ZFS On Linux Improved

    Links for the day



  27. New Article Chronicles Suicides and Nervous Breakdowns at the EPO Due to the Management's Abuses

    Article from Le Monde translated into English



  28. Links 9/4/2015: SalentOS, Semplice Releases

    Links for the day



  29. The EPO is Becoming More Like the USPTO Under Benoît Battistelli's Greed-Driven Reign

    Recent articles about the EPO and the Unitary Patent are bundled together to highlight truly disturbing developments whereby those in power beget power through instruments of state-sanctioned power, such as the EPO (stateless entity within a continent-wide 'island')



  30. More Suicides Reported at the Staff-Hostile European Patent Office

    The EPO has become so rogue that it might as well be renamed the Euthanasia-Prodding Organisation


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