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

06.01.08

Summary of Latest Intellectual Waste

Posted in America, DRM, Europe, Intellectual Monopoly, Microsoft, Patents at 8:34 am by Dr. Roy Schestowitz

Europe and Software Patents

Harmonisation… like the merging of portions of slime

Harmonisation, unlike “contamination” or “pollution”, has a positive connotation. But there is nothing too positive about bringing a system that everyone admits is already broken beyond repair (USPTO) and merging it with one that is still more functional (EPO, among others).

Nevertheless, it is in the monopolists’ interest to force and impose dysfunctional aspects of their own system upon all others. This way, others who live across the Atlantic are equally disadvantaged (“disadvantaged” as in Microsoft ‘Genuine’ ‘Advantage’). And that’s just what McCreevy (also see [1, 2, 3, 4]) appears to be striving to achieve. [via Digital Majority]

The May agenda takes up a number of problems. For starters, the E.U. wants to draw a road map for harmonizing patent law. Progress could be slow, however, because U.S. reform has bogged down in Congress and the European Commission may not have the legal right to amend the European Patent Convention.

Later on, the same folks could travel across the pacific to achieve similar things. Australia and Japan have already been defeated as far as software patents are concerned.

Community Patent… against the free software community

Nicolas Sarkozy’s strong sympathy towards intellectual monopolies [1, 2, 3, 4, 5, 6, 7, 8] has not been noted for a while, but have a quick look at this new article. [via Digital Majority]

EU hopes for Community patent under French Presidency

[...]

“If there is enough political will, I am confident of having a solution soon, maybe even under the French Presidency,” Vijzak stated.

Much like “harmonisation”, “community” sounds as though it’s a positive thing. This is seemingly about togetherness and happiness, but in reality it’s something altogether different. “Open XML” is a recent case of naming something for better reception (or blind acceptance). There are many more such examples.

“”Open XML” is a recent case of naming something for better reception (or blind acceptance).”Remember, for instance, that Microsoft ‘advertises’ the DRM features in Windows Vista as ones that apply only to “premium content”, but this hides the fact that all content is intended to fall under this category one day. The misuse of words like “advantage”, “premium”, “trusted”, “secure” and “open” are nothing new and they mustn’t lead to the deception that their repetitive use is supposed to achieve. Conversely, there are words like “criminals”, “thieves”, “pirates”, “terrorists”, “hackers” (meaning already deformed), etc. which are merely serving an agenda of daemonisation; expect them to be foolishly echoed in conferences and the media.

Prior art… when there’s no real ‘art’ at all

The sad news from the UK, regarding software patents to be specific, continues to be followed by reports that demonstrate a degree of sanity. Here is one such example that is new.

UK business method patent struck out

[...]

The patent (number 2,171,877) relates to a method of making pre-paid telephone calls that is available for use from any telephone, and t[he] hardware for doing so.

In a ruling dated May 23, His Honour Judge Fysh (sitting as a High Court judge) found the patent invalid on the grounds of obviousness – based on a study of the prior art – and excluded matter under Article 52 of the European Patent Convention.

Overall, it means that the juridical (legal system) is more rational than the lenient patent office (imaginary property system), which probably accepts applications because it is more profitable. The cost is later paid by those who are hit by frivolous lawsuits. The burden is passed to victims and revenue sunk in lawyers’ bank accounts. It’s quite a funny mechanism.

DRM Everywhere, Possession of Universally-accessible Media a Crime

That ugly thing called ACTA [1, 2] is the antithesis of the Declaration of Independence. The following pattern of criticism possibly explains just why.

Criticism from NGOs

Canadian law expert David Fewer, staff counsel at the University of Ottawa’s Canadian Internet Policy and Public Interest Clinic, told the Ottawa Citizen that the discussion paper was very close to a potential Christmas wish-list by Hollywood companies.

Knowledge Ecology International (KEI), in an earlier statement filed to USTR, warned against a lack in differentiation and clearness of core terms, like counterfeiting, infringement or piracy. “Is Microsoft a “pirate” for insisting on the right to continue to infringe the z4 patents in order to use an infringing DRM technology to protect Microsoft software itself from infringement by unauthorised uses?” KEI asked in its statement.

In this particular context, consider again the old sins of the British Library, which seems like a hostage of Microsoft nowadays, if not just its cheerleader [1, 2, 3, 4, 5, 6]. This article is not new, but it is timely and it is excellent.

The British Library – ‘The world’s knowledge’ DRM’d and for a price

[...]

DRM is part of the plan, and I encourage you to read the entire Microsoft document. It would make my grandmother roll over in her grave. Some of the librarians at the British Library are deeply troubled too about what DRM is doing to libraries. How will we access the materials if the DRM company goes out of business someday?

If they duplicate what they have done at the British Library, I think it’s fair to say that it is the death of public libraries as we have known them, and the world’s knowledge will be available only DRM’d and for a price.

P.S. DRM doesn’t work.
It won’t block any serious criminals.
All it does is annoy and degrade the honest
… and give monopolies a way to stay that way.

Troll-Eat-Troll World

The verdict on Alcatel-Lucent and Microsoft is already in. These long legal battles between the two companies [1, 2, 3, 4] have the latest infringement claims detailed.

Microsoft Corp. violated an Alcatel-Lucent patent to produce its Xbox video-game player, a lawyer for Alcatel-Lucent told jurors who are considering a demand for $419 million in damages.

“They’ve taken” the patent “and made millions and millions of dollars,” John Desmarais, a lawyer for Alcatel- Lucent, said to the jury.

[...]

A jury in the same court decided last year that Microsoft’s Windows Media Player infringed patents for the MP3 digital-audio standard and awarded Alcatel-Lucent a record $1.52 billion in damages. Senior U.S. District Judge Rudi Brewster vacated that verdict, now under appeal.

In the second trial, another jury concluded April 4 that Microsoft should pay $368 million to Alcatel-Lucent for infringing two patents.

There is meanwhile a warning that patent trolls may be set to attack PaaS.

If the advent of PaaS stirs up a plague of patent trolls to resurrect long-dead patents and bring suits against providers or users it could become a nightmare for the nascent industry. The providers who suffer most will be those based in countries that enforce business methods patents most rigorously: the United States, Australia, Japan and Singapore, according to Wikipedia’s article on the topic. In contrast, “patent protection for business method patents in Israel, China, India, Mexico, and most of Europe is difficult.”

Deep inside, Microsoft has always known this was a recipe for trouble. That realisation had emerged even before it became a monopoly. What an iintellectual waste.

“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.”

Bill Gates

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

A Single Comment

  1. freanix said,

    June 9, 2008 at 3:48 am

    Gravatar

    “The cost is later paid by those who are hit by frivolous lawsuits. The burden is passed to victims and revenue sunk in lawyers’ bank accounts. It’s quite a funny mechanism.”

    I wouldn’t call it “funny.” I’d call it perverse.

What Else is New


  1. Links 1/7/2016: Enlightenment 0.21.0, Peppermint 7, New Mint

    Links for the day



  2. EPO Leak: Administrative Council's Latest Meeting Report

    The outcome of the Administrative Council's meeting, where Battistelli managed to avoid earthquakes and basically did just about everything he wanted, reinforcing the perception that there is no oversight



  3. Publicly-Available Information About the Meeting of the EPO's Administrative Council

    The EPO "crisis" -- as Board 28 called it -- lingers on because no substantial steps were taken towards Battistelli's removal from Office for his violation of Office rules (his own rules) among other laws that Eponia perceives itself as exempt from



  4. Battistelli's Last Moves Are Desperate Attempts to Crush the Messenger (SUEPO), Which Will Almost Certainly Backfire on (if Not Fire) Battistelli

    By implicitly declaring a war on those who speak truth to power or those who are associated with perceived truth-tellers, Battistelli reinforces the perception that he is protecting the bad people at all cost (even his very own career)



  5. EPO Staff Representative Jesus Areso Explains the Crisis to the Administrative Council

    An intervention by an EPO Central Staff Committee (CSC) member who is under gag orders from Battistelli's regime and cannot speak about his case, which apparently involves truly severe disciplinary actions for merely helping or contributing to a staff survey (not controlled by and paid for by Battistelli)



  6. Shadows of Alleged Criminality Over the European Patent Office (EPO)

    Cases against Željko Topić, a Vice-President at the European Patent Office, are moving forward in Croatia, where he still faces many criminal charges



  7. You Know That UPC is Quite Likely Dead (at Least in the UK) When Even Baroness Neville-Rolfe Dodges the Question (Updated)

    The UPC appears to be a dead end, much like Battistelli's career, not only in the UK but in Europe as a whole (it has been all along designed with London/England/UK in mind)



  8. Short Report From Today's EPO Protest in Munich

    A few noteworthy points about the staff protest which coincided with the Administrative Council's meeting earlier today in Munich



  9. Growing Consensus Even Among Patent Professionals That UPC is Dying Everywhere If Not Just in the UK

    The UPC continues to sink as more and more people come to grips with the complexity of the current situation, irrespective of what countries other than the UK do next



  10. Battistelli Attacks Not Only His Staff But Also Patents Themselves (Their Quality) and the Legal Legitimacy Surrounding the EPO

    Battistelli's EPO is having not only reputation problems but also staff retention problems, patent quality problems and problems pertaining to perception of fair trials or justice regarding patents



  11. Battistelli is Creating an Atmosphere of Terror at the EPO While Exploiting Terror Attacks to Garner Sympathy

    "As if Laurent were a terrorist, the Office has imposed a house arrest and has forbidden him to enter the EPO premises," according to SUEPO, writing about one of its members at The Hague who is "maliciously accused via a fabricated procedure"



  12. Rumours That EPO President Battistelli Got Sacked to be Replaced by Christoph Ernst Appear to be Baseless

    Dr. Christoph Ernst is claimed to be the successor (interim or permanent) of the notorious Battistelli, but these claims have little or no evidence to support them



  13. Links 29/6/2016: SteamOS 2.83 Beta, Alpine Linux 3.4.1

    Links for the day



  14. The EPO Has Become Battistelli's Circus and the Administrative Council Has Been Reduced to (Illegal) Circus Animals Controlled With 'Treats'

    Battistelli's attack on justice and on the rule of law is debated among insiders who have grown increasingly impatient with the Administrative Council's tolerance of Battistelli and sometimes even Kongstad's amazing complicity



  15. The Latest Lies About the Unitary Patent (UPC) Would Have Us Believe That It's Alive and Well

    How patents-centric sites (some of which are in bed with the EPO) have responded to the 'Brexit' vote and why they're not telling us the truth about the Unitary Patent scam (often created and promoted by the same people who run and/or fund such sites)



  16. EPO Management Bunker: “The Bailiff Who Came to Deliver the Subpoena was Escorted off the Property by Five Security Guards.”

    Battistelli has essentially turned the European Patent Office (EPO) into a barracks, where he continues to enjoy immunity from the rule of law and discourages those who wish to challenge this immunity



  17. Keeping the Guard and Securing Society From Software Patents

    The policies over which Indians and Europeans have kept guard are being 'stolen' by vested interests



  18. Benoît Battistelli Further Weaponises His EPO 'Stasi' With CA/52/16

    A glimpse at what Benoît Battistelli will shortly attempt to do to the EPO, in order to cement his power in the face of growing opposition from many directions



  19. EPO Caricature: Administrative Council Control of Benoît Battistelli

    Another new caricature regarding the President of the European Patent Office (EPO) and lack of effective oversight from the Administrative Council (European Patent Organisation)



  20. EPO Caricature: Firing Benoît Battistelli

    The latest caricature regarding the President of the European Patent Office (EPO)



  21. Links 28/6/2016: Red Hat Summit 2016, Hadoop Events

    Links for the day



  22. Today's Media Coverage Says Microsoft Loves Linux, But Today Microsoft Extorted Linux Using Software Patents Again

    Luna Mobile has just been extorted by Microsoft (using dubious software patents, as usual) for using Android/Linux, but Microsoft-influenced media carries on spreading the lie that "Microsoft loves Linux"



  23. New Efforts to Work Around Barriers to UPC in Light of 'Brexit'; Behind These Efforts Are Self-Serving Patent Profiteers

    look at who's trying to work around the latest barriers to the widely-unwanted (by the public) Unitary Patent regime and what is being planned behind the scenes, or behind closed doors (by and for those who stand to profit from the Unitary Patent regime)



  24. Injunction Against Battistelli's Investigative Unit (Known Internally as 'Gestapo') Amid Serious Injustices and Bogus 'Trials'

    SUEPO, the EPO's staff union, steps up its spiel in a case against the "European Patent Organization" as defendant and "SUEPO/VEOB" (Trade Union of the European Patent Office) as claimants



  25. [ES] Con la UPC Muerta por el Resto del Termino de Battistelli, No Hay Razón para que la EPO o el Consejo Administrativo Sigan Manteniéndolo Más

    Pensamientos acerca de lo que pasará al líderazgo de la EPO después de ‘Brexit’ (salida Británica de la EU), lo que sevéramente socava el proyecto más grande de Battistelli el que usaba habituálmente para justificar sus increíbles abusos



  26. [ES] El Caradura Benoît Battistelli Debería Renunciar a Luz de la Filtrada Nueva Decisión en Su Vendeta en Contra de un Juez que se Atrevió a Decir la Verdad (Actualizado)

    Benoît Battistelli continúa quebrando las propias reglas de la EPO, no sólo las leyes naciónales, como una nueva decisión ayuda a revelar



  27. [ES] Cada Vez Más Parece Que Battistelli está Escondiéndo ‘Evidencia’ Falsa y/o Ilegalmente Obtenda de la Unidad Investigativa de la EPO

    El porqué creemos que Benoît Battistelli está cada vez mas desesperado de esconder operaciónes ilícitas de reunir ´evidencia´ lo que eventuálment lo puso a él mismo — no al acusado — en una situación catastrófica situacion que lo puede forzar (esperamos) a us renuncia



  28. Links 28/6/2016: Vista 10 Updategate, OpenMandriva 3.0 Beta 2

    Links for the day



  29. Links 27/6/2016: Linux 4.7 RC 5, OpenMandriva Lx 3.0 Beta 2

    Links for the day



  30. From Alleged Organised Crime to Vice-President of the European Patent Office (EPO)

    Željko Topić's situation in Croatia illuminated by means of recent documents from the authorities


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