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

08.11.08

It’s Not Innovation, It’s Collusion

Posted in Free/Libre Software, Patents at 7:10 am by Dr. Roy Schestowitz

Newton's Cradle“If I have seen further it is by standing on the shoulders of giants,” Sir Isaac Newton (1642-1727)

Development thrives in a world without boundaries. Research too can thrive when there is access to a wealth of information. Financial means are another story because people who develop and conduct research require funds, but need any money be earned by robbing peers of the privilege to share information and disseminate simple ideas? What would Newton say? The fathers of the United States too objected the idea of limiting the sharing of ideas.

The notion of an invention typically brings to mind a piece of apparatus. What is an invention if not something physical that the inventor can show? Can someone claim to have invented something, which will only ever exist in one’s mind? Can thought be truly owned and excessive knowledge considered an offense?

In practice, everyone seems to suffer due to artificial (man-made) limitations. Groklaw links to this nice new article that contains an example from the aircraft industry. It’s related to design and physical engineering (there is as much ‘engine’ in software engineering as there is an ‘engine’ in mathematics).

In the second decade of the twentieth century, it was almost impossible to build an airplane in the United States. That was the result of a chaotic legal battle among the dozens of companies—including one owned by Orville Wright—that held patents on the various components that made a plane go. No one could manufacture aircraft without fear of being hauled into court.

While the above relates to components that can actually be visualised, it’s patents like this new one which immediately raise a brow and symbolise ‘ownership’ of very abstract methods. [via Digital Majority]

According to the company, the patent provides customers with a simple technology to communicate with wireless Internet devices via a notification message that orders the device to connect to a server and download specific content and information.

This goes under the heading “Message Delivery System”. It’s about invoking a command remotely. It’s the nature of the command which the company believes has enough complexity (and thus less generality) to merit a patent. But this is insane. At the end of the say, for all those telecom giants, this lenience of the system and its consequent exploitation seems nothing short of collusion. It’s about the giants covering one another and agreeing among themselves that they — and only they — will be permitted to survive in their market.

I find the patent system laughable.

-1- For the small guy it is just a way to publish your technology so it can be used by other bigger fish sans compensation. How many lawyers can you afford to pay full time?

-2- Its a great way for big companies to bully little ones.

By aligning papers under cross-licensing agreements, they establish something which is similar to price-fixing that harms consumers. They can artificially inflate price due to “IPR” and deny new (and more affordable) entrants into a market. Those who want to compete must first obtain heaps of pricey patents. And what for? ‘Innovation’ or just so-called ‘protection’. Where is the benefit to science, as opposed to solicitors?

The system in its current shape seems absurd. This is not competition and this leads to no innovation. It freezes the market, it further empowers a few and it is, in short, a collusion. The patent system serves those who are at the top. They, the ‘elites’, market it as a crucial mechanism for defending ‘the little guy’, using lobbying arms like ACT — all funded by titans, pretending to speak for (of robbing the voice) of small businesses. Such lobbying arms can only be afforded by those at the industry’s pinnacle. They strive to police perception, thereby controlling the law and its enforcement. At times, they take the law into their own hands to fight Free software.

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. EPO Busy Distracting From Miscarriage/Abuse of Justice at the EPO (Both Office and Organisation)

    The European Patent Organisation continues to be a vassal of the Office (Christoph Ernst is defending Battistelli) and justice is not being honoured; it's being discarded in the darkness (in secret meetings)



  2. Bristows LLP/IP Kat Carrying on With Dead UPC Jingoism

    The same old tune from Bristows not only gets played in Bristows' 'alternate reality' blog but also in other blogs where Bristows staff is 'contributing' (to confusion and misconceptions)



  3. Links 16/12/2017: Mesa 17.2.7, Wine 3.0 RC2, Kdenlive 17.12.0, Mir 0.29

    Links for the day



  4. Patrick Corcoran is Innocent, Yet Battistelli Will/May Have the Power to Sack Him Next Month (in DG1)

    The EPO's Administrative Council does not want to even mention Patrick Corcoran, as merely bringing that up might lead to the suggestion that Benoît Battistelli should be fired (yes, they can fire him), but to set the record straight, at the EPO truth-tellers are punished and those whom they expose are shielded by the Administrative Council



  5. Patent Trolls Are Going Bust in the United States (Along With the 'Protection' Racket Conglomerates)

    RPX continues its gradual collapse and patent trolls fail to find leverage now that software patents are kaput and patent opportunists struggle to access Texan courts



  6. IBM's Manny Schecter is Wrong Again and He is Attempting to Justify Patent Trolling

    In yet another dodgy effort to undermine the US Supreme Court and bring back software patents, IBM's "chief patent counsel" (his current job title) expresses views that are bunk or "alternative facts"



  7. EPO Administrative Council Disallows Discussion About Violations of the Law by Benoît Battistelli

    The EPO crisis is not ending for the Administrative Council does not want to tackle any of the obvious problems; Patrick Corcoran is a taboo subject and Ernst is coming across as another protector of Benoît Battistelli, based on today's meeting (the second meeting he chairs)



  8. Links 13/12/2017: GIMP 2.9.8, Fedora 25 End Of Life, AltOS 1.8.3

    Links for the day



  9. Judge Corcoran Got His User ID/Desk Back (as ILO Asked), But Cannot Perform Actual Work

    The latest update regarding Patrick Corcoran, whose 3-year ordeal is far from over in spite of ILO's unambiguous rulings in his favour



  10. The End of Software Patents and PTAB's Role in Enforcing That End

    Software patents are fast becoming a dying breed and the appeal board (PTAB) of the USPTO accelerates this trend, irrespective of patent immunity attempts



  11. No, China Isn't Most Innovative, It's Just Granting a Lot of Low-Quality Patents

    Patent extremists are trying to make China look like a role model or a success story because China grants far too many patents, spurring an explosion in litigation



  12. Battistelli-Campinos Transition Will Be a Smooth One as the Administrative Council Remains the Same and the Boards Still Besieged

    A rather pessimistic (albeit likely realistic) expectation from tomorrow's meeting of the Administrative Council, which continues to show that no lessons were learned and no strategy will be altered to avoid doom (low-quality patents and stocks running out)



  13. Links 12/12/2017: New BlackArch ISO and Stable Kernels

    Links for the day



  14. German Media Helps Cover Up -- Not Cover -- the Latest EPO Scandal

    EPO-Handelsblatt attention diversion tricks may be effective as German media barely shows interest in one of the EPO's biggest scandals to date



  15. PTAB Haters Fail to Guard Bogus Patents, But They Still Try

    Three Affiliated Tribes probably won't enjoy sovereign immunity from PTAB, Dennis Crouch won't manage to slow down PTAB, and patent litigation will stagnate as bad patents perish before they even land in a lawsuit



  16. Team UPC's Tilmann Defends Rogue Vote at 1 AM in the Morning With Just 5% of Politicians (Those With Vested Interests) Attending

    Just when German democracy is being stolen by a legislative coup (in the dead of night when 95% of politicians are absent/asleep) there's someone 'courageous' enough to rear his ugly head and attempt to justify that coup



  17. The Mask Falls: Lobbyist David Kappos Now Composes Pieces for the Patent Trolls' Lobby (IAM)

    David Kappos, a former USPTO Director who is now lobbying for large corporations that derive revenue from patent extortion, is writing for IAM even if his views are significantly biased by his aggressive paymasters (just like IAM's)



  18. The EPO Protest Tomorrow Isn't Just About Judge Corcoran But About the EPO as a Whole

    PO staff is about to protest against the employer, pointing out that "Battistelli is still showing a total and utter lack of respect not only for his staff and their rights but also for the Administrative Council and for the Tribunal"



  19. Claim: Judge Corcoran to Be Put Under Benoît Battistelli's Control in DG1

    Benoît Battistelli, who openly disregards and refuses to obey judges (while intervening in trials and delivering 'royal decrees' whenever it suits him), may soon gain direct control over the judge he hates most



  20. The European Patent Organisation Refrains (For Nearly a Week) From Speaking About Battistelli's Abuses as Judged by ILO Tribunal

    The EPO's silence on the matter of Patrick Corcoran is deafening; to make matters worse, the EPO continues to pollute media and academia with money of stakeholders, with the sole intention of lobbying and misleading news coverage (clearly a disservice to these stakeholders)



  21. Carl Josefsson Lets Judge Patrick Corcoran Come Back to Work at the EPO

    After initial reluctance to obey/respect the rulings from the ILO (security staff declining access) there is official permission for Patrick Corcoran to enter and resume work (following 3 years of injustice against him)



  22. Bristows is Being Hammered With Negative Comments For Its Unitary Patent (UPC) Lies

    The Unified Patent Court (UPC) is practically dead in the UK and Ireland; Bristows, nevertheless, continues with its desperate spin



  23. Links 11/12/2017: Linux 4.15 RC3, Debian 8.10 and Debian 9.3

    Links for the day



  24. Judge Corcoran Turns to His Government for Help and EPO 'House Ban' is Finally Lifted

    Sources that are very reliable say that Patrick Corcoran is coming back to work, however it's now clear when and how long for



  25. Raw: Battistelli's Control/Domination Over the Boards of Appeal

    An old EPO document internally voicing concerns about the lack of independence at the Boards of Appeal



  26. Raw: Conflicts of Interest of EPO Vice-President

    An old EPO concern regarding structural collisions and mixed loyalties



  27. Microsoft-Connected Patent Trolls Are Increasingly Active and Microsoft is Selling 'Protection' (Azure Subscriptions)

    There are several indications that Microsoft-connected shells, which produce no products and are threatening a large number of companies, are inadvertently if not intentionally helping Microsoft sell "indemnification" ("Azure IP Advantage," which echoes the Microsoft/Novell strategy for collecting what they called "patent royalties" one decade ago)



  28. Yes, RPost is Definitely a Patent Troll and Its Software Patents Are at Risk Thanks to Alice

    The latest whitewashing (or reputation-laundering) pieces from Watchtroll, which tries to justify patent-trolling activities with software patents, typically in the Eastern District of Texas



  29. The Latest Scams in the Patent World

    Examples of 'dirty laundry' of the patent microcosm, which it understandably does not like covering (as it harms confidence in their services/advice)



  30. Patents Are Becoming a Welfare System for the Rich and Powerful

    A culture of litigation and more recently the patenting of broad industry standards may mean that multi-billion dollar corporations are cashing in without lifting a finger


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