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

07.01.08

Microsoft Proxies and Software Patents in Europe

Posted in Bill Gates, Europe, Law, Microsoft, Patents at 6:30 am by Dr. Roy Schestowitz

Europe

According to Digital Majority, CompTIA [1, 2] may be joining the push of other Microsoft pressure groups such as ACT. It’s part of a broad push for destruction of the European patent system though assimilation to a broken system — the USPTO. As the Los Angeles Times put it yesterday:

The U.S. patent system is not working. It stands accused on all sides of stifling innovation instead of nurturing it. Some critics say the system is fundamentally wrecked, others that it can be fixed.

In this new book, “Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovation at Risk,” economist James Bessen and law academic Michael Meurer show that the system no longer provides predictable property rights. They go on to offer solutions based on empirical evidence from history, law and economics.

[...]

While making these criticisms, however, the authors ignore that the fault may lie with the appointment of judges who are unfamiliar with patents to hear patent trials.

We previously saw strong criticism over inappropriate appointment of judges, which challenged this system’s integrity in the more severe of ways.

Moreover, Roberto Galoppini writes about the ever-spineless WIPO [1, 2, 3, 4, 5, 6, 7, 8, 9] that merely serves large corporations which sponsor it. And yes, it’s that notorious “harmonisation” effort (should be called "contamination" really).

After a hiatus of three years, the WIPO Standing Committee on the Law of Patents (SCP) met for its 12th session on June 23, 2008 to June 27, 2008. Given the collapse of the talks to initiate a Substantive Patent Law Treaty (SPLT) to harmonize patent law with respect to prior art, novelty, inventive step and grace period, even the most prescient of WIPO watchers were at a loss in prognosticating the outcome of the WIPO SCP.

Why the mystery and the secrecy? ACTA comes to mind as an analogous and very recent case [1, 2, 3, 4, 5, 6]. And speaking of which, mind yesterday’s news about BT becoming a copyrights cop:

BT to cut off file-sharing customers

[...]

This follows a similar move by Virgin, which earlier this year joined forces with the BPI on an ‘education campaign’ aimed at those sharing copyrighted files.

[...]

ISPs have been under pressure from the government to work with the music industry in targeting illegal file sharers this year. Ministers have even threatened to introduce anti-filesharing legislation if a solution is not reached.

What happens if people get disconnected after incorrect judgment? Would there be compensation? Who pays for BT’s additional burden? How can CC-licensed and Free art be set apart from copyrighted one?

Looking ahead, might this be the beginning of something more widespread? Will ISPs ever disconnect people for mistakenly watching copyrighted videos on YouTube? Bill Gates admitted doing so a couple of years ago.

Similar questions are being raised by various critics of the policy. See for example:

America

Acacia and Microsoft are no strangers [1, 2, 3, 4, 5, 6, 7, 8, 9, 10] and the extortion crusade surely continues. [via Digital Majority]

Acacia Research Corp. announced that its subsidiary, Credit Card Fraud Control Corp., has entered into a non-exclusive patent license and settlement agreement with SPG Solutions, covering a patent that applies to fraud protection technology.

Also of interest is the following nugget of information that cannot be repeated often enough.

Surveys regularly find that computer programmers are opposed to patents on software by a wide margin. In what other field is the class of inventors so opposed to patents?

Yesterday we wrote about the problem with giants banding together against software patents or patent trolls. It’s not a solution but a convenience that applies only to affluent few. This is clearly not the way to go.

You may remember a while back I wrote about Vocaltec selling some of its patents to what appears to be a firm that will become a patent troll.

[...]

The end result of these moves is likely going to be a bidding war for patents. On the one hand there will be VC money fighting to buy patents and on the other it will be Allied Security Trust.

If anything, this environment will make it more lucrative for companies with valuable patents to sell. This new battle will certainly be interesting to watch.

It seems as though intellectual monopolies are therefore elevated rather than buried, especially where they are not worthy of consideration in the first place.

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

What Else is New


  1. Links 16/12/2014: Google and ODF, Civilization: Beyond Earth Comes to GNU/Linux

    Links for the day



  2. Bill Gates' Pet Troll Intellectual Ventures is Collapsing as Founder Quits

    Intellectual Ventures founder leaves after an exceptionally large round of layoffs, despite [cref 77299 recent subsidies from Sony and Microsoft]



  3. Keeping Software Patents Out of Europe Following the Demise of Software Patents in the US

    Instability in the EPO seemingly prevents further expansion of patent scope, which is the subject of scrutiny of EPO staff



  4. Links 15/12/2014: OSI 2014 Annual Report, GPLv2 Court Test

    Links for the day



  5. Links 14/12/2014: Calligra 2.9 Beta, Krita 2.9 Beta

    Links for the day



  6. Software Patents Are Dying in the US, But Patent Lawyers Refuse to Admit It

    Patent lawyers continue to distort the reality of software patents' demise in the United States



  7. Links 13/12/2014: Android Wear “Lollipop”, European Commission and FOSS

    Links for the day



  8. Time to Take Microsoft Out of British Aviation Before Planes Crash Into Buildings

    London's mighty Heathrow Airport among those affected by a Microsoft-reliant air traffic control system which is not being able to properly recover from an outage, and not for the first time either



  9. News From France and Germany: Battistelli Under Fire, But Not Fired Yet, Just Firing His Opposition

    The régime headed by Benoît Battistelli and his criminal deputy continues to overthrow or pressure out everyone who is not 'loyal' to the régime



  10. Links 12/12/2014: Linux++, KDE Frameworks 5.5.0, Calligra 2.8.7

    Links for the day



  11. The USPTO is Broken: New Evidence Presented

    The scope of patents, as evidenced by some statistical figures and individual patents, shows that the USPTO is broken and must be reformed or dismantled



  12. US Patent Reform (on Trolls Only) More or Less Buried or Ineffective

    An update on efforts to reform the patent system in the United States, including the possibly imminent appointment of Michelle Lee to USPTO leadership role



  13. Software Patents in Canada Not Dead Yet

    Canada's patent status quo increasingly like that of the United States and Canadian giants like BlackBerry now pose a threat to software developers



  14. Dreaming of a Just Christmas: When a Third of EPO Walks Out to Revolt and European Judges Attack the EPO Over Abuses

    Information about the abuses of Battistelli et al. at the EPO are finally receiving wider coverage and increasing the strain on Battistelli's authoritarian reign



  15. Links 11/12/2014: Red Hat Enterprise Linux 7.1 Beta, Firefox 35 Plans

    Links for the day



  16. Ubuntu Core Announcement is Not About Microsoft and Hosting Ubuntu on Azure is Worse Than Stupid

    The power of media spin makes the idea of hosting Free software under the control of an NSA PRISM and back doors partner seem alluring



  17. France Gets Involved in Battistelli's Abuses in the EPO - Part XII (Updated)

    The EPO scandal has officially spilled over to France, where a French Senator got involved and starts asking serious questions



  18. Rolling of Heads Likely Imminent at EPO

    The European patent system is shaking as management breaks the rules, staff is protesting against the management every week, and charges of corruption resurface



  19. Links 11/12/2014: systemd 218, Empire Total War

    Links for the day



  20. Links 10/12/2014: Fedora 21, Ubuntu Core

    Links for the day



  21. Links 9/12/2014: Fedora 21 and Torture Report Are Out

    Links for the day



  22. Exclusive: The Enlarged Board of Appeal Complains About Battistelli's Corrupt Management to the Administrative Council (Updated)

    Text of the complaint from the Enlarged Board of Appeal (EBoA) reaches Techrights, demonstrating just how rampant the abuse in Battistelli's EPO has become



  23. Protests Against EPO Corruption Approach 1,000 in Attendance

    EPO staff at all levels is revolting against the management of the EPO, whose dismissal seems to be only a matter of time



  24. Links 9/12/2014: Greg Kroah-Hartman Interview, Fedora 21 Imminent

    Links for the day



  25. EPO Staff Protests Today and Protested Last Week, Targeting Corruption in the Institution

    PO staff is demonstrating against abuse by the management of the EPO, today we well as in prior days



  26. Links 7/12/2014: New Linux Release, Marines and Prisoners on GNU/Linux

    Links for the day



  27. EPO Scandal: Benoît Battistelli's Arrogance Recognised by European Delegations

    Battistelli’s Nixon moment and the evasive nature of his approach towards external delegations that are troubled by his behaviour



  28. CBS Brushing Aside and Away Microsoft's History of Blackmail and Bribes Against Linux

    Putting in context some of the poor reporting (or whitewash) regarding Microsoft's bribe (disguised as "partnership") to Barnes & Noble



  29. Links 7/12/2014: Typhoon Hagupit, AURORAGOLD

    Links for the day



  30. EPO Imploding: Battistelli Throws a Fit at EPO's Investigation Unit

    Patent institution of Europe is showing signs of tear as protests intensify and suppression of these protests -- as well as suppression of investigation -- intensifies as well


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