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 1/7/2015: OpenDaylight Lithium, OpenMandriva Lx 2014.2

    Links for the day



  2. Munich Press, Münchner Merkur, Slams the Munich-based EPO

    Pressure on Benoît Battistelli to leave (or be fired) grows as the cronies whom he filled his office with have become a huge public embarrassment to the decades-old European Patent Office



  3. The Shameless Campaign to Paint/Portray Free Software as Inherently Insecure, Using Brands, Logos, and Excessive, Selective Press Coverage

    Some more FUD from firms such as Sonatype, which hope to make money by making people scared of Free/libre software



  4. National Insecurity and Blackmail, Courtesy of Microsoft

    British members of parliament (MPs) outsourced their communication to the number one PRISM company and they are paying the price for it; The US Navy's systems continue to be unbelievably insecure (Windows XP), despite access to the world's biggest nuclear arsenal



  5. Microsoft Keeps Shrinking

    As the era of shrink-wrapped software comes to an end so does Microsoft, whose effort to become a 'cloud' company with online operations has been miserable at best



  6. They 'R' Coming: More Microsoft Money for the Linux Foundation

    The problem with having Microsoft in a Linux Foundation initiative, the R Consortium



  7. Speculations About the EPO's Possible Role in DDOS Attacks

    Readers' views on who might be behind the attacks on this site amid confirmation that it's on the 'targets' list of the EPO



  8. Links 30/6/2015: Linux Mint 17.2, OpenMandriva

    Links for the day



  9. Techrights Confirmed as a Target of EPO Surveillance, With Help From Control Risks Group (CRG)

    Unveiling the cloak of secrecy from long-term surveillance by the European Patent Office (EPO) and a London-based mercenary it hired, bypassing the law



  10. Google's Fight to Keep APIs Free is Lost, Let's Hope Google Continues Fighting

    SCOTUS refuses to rule that APIs cannot be considered copyright-'protected', despite common sense and despite Java (which the case is about) being Free/libre software



  11. Patent Trolls in the Post-Alice World

    A round-up of news about patent trolls in the United States, some of whom are are doing well and some of them not as well



  12. DDOS Attacks Against Techrights

    Information about some of the most recent DDOS attacks against this Web site and the steps to be taken next



  13. The Patent System Not What it Used to be, Large Corporations and Patent Lawyers the Principal Beneficiaries

    A look at some recent patent stories and what can be deduced from them, based on statistics and trends



  14. After Intervention by the Council of Europe Comes a Detailed Summary of the Situation in the European Patent Office (EPO)





  15. IRC Proceedings: May 31st - June 27th, 2015

    Many IRC logs



  16. Links 28/6/2015: Manjaro Linux Cinnamon 0.8.13, VectorLinux 7.1

    Links for the day



  17. Williamson v. Citrix Online (at CAFC) Reinforces Alice v. CLS Bank (at SCOTUS) in Crushing Software Patents

    More patent news from the United States, again serving to indicate that software patents over there are getting weak (harder to defend in court or acquire from the patent office)



  18. Proskauer Rose LLP is Cherry-Picking Cases to Make Software Patents Seem Eligible Despite Alice v. CLS Bank

    Naming and shaming those who are trying to reshape the consensus despite a rather consistent pattern of software patents being rejected



  19. IAM Biased: How IAM 'Magazine' Glorifies Patent Stockpiling

    A look at the bias of one of the most overzealous sites for and by patent lawyers



  20. PATENT Act No Longer in the News... and That's Just Fine

    Putting the PATENT Act aside for the time being, for it has little or no impact on the really problematic patents



  21. The Latest Lies From Microsoft's PR Apparatus/Public Face, Mr. Nadella

    Having spread the outrageous lie that “Microsoft loves Linux” (whilst obviously attacking it in many ways), Microsoft's CEO (essentially Bill Gates' right-hand man) says Microsoft is “one of the biggest contributors to Linux kernel” (because of proprietary software it tries to contaminate it with while violating the terms of the GPL)



  22. Microsoft Jack (Schofield) Promotes Microsoft's Proprietary Lock-in and Calls People Who Recommend Free/Libre Software 'Trolls'

    Jack Schofield, writing for a Bill Gates-funded paper despite claiming to have retired, promotes Microsoft Office and insults all those readers who do not agree with him



  23. The Council of Europe Slams the EPO as Political Pressure Grows for EPO Management to Obey the Law

    Battistelli et al. come under yet more fire as politicians -- many of whom from Battistelli's home country -- become better informed of the EPO's management fiasco, abuses, and scandals



  24. Operating Systems Usage Based on Technical Site Statistics

    ome numbers to show what goes on in sites that do not share information about their visitors (unlike Windows-centric sites which target non-technical audiences)



  25. Links 27/6/2015: Wine 1.7.46, SparkyLinux 4.0

    Links for the day



  26. Proprietary Software on Top of Proprietary Software (AV on Windows) Only an Illusion of Security

    Remarks on the recent revelations about code and communication interceptions targeting insecurity firms and Microsoft's claim that 'transparency' alone would be enough to assure security



  27. The EPO's Circus of Nepotism, Corporatism and Gross Abuse is Promoting the Unitary Patent

    The shameful management of the EPO, which Benoît Battistelli constructed based on his nefarious self-serving agenda, keeps pushing forth in a direction that greatly harms European citizens while mistreating the EPO's technical staff (scientists and examiners)



  28. Links 26/6/2015: Ardour 4.1, GNOME 3.17.3 Released

    Links for the day



  29. An Estimated 1,000 EPO Staff in Munich Demonstrated Against EPO Management Yesterday Afternoon

    Earliest coverage of yesterday's protest against EPO corruption and abuses



  30. Microsoft Windows So Insecure That Even Fonts Are Remotely Exploitable

    Windows userbase is once again under serious threat and high risk because something as simple as fonts (rendering of text/pixels on the screen) isn't done securely in Windows


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