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

11.04.08

ACTA: More Patent Trolls, Less Democracy

Posted in DRM, Fraud, Law, Patents at 8:23 am by Dr. Roy Schestowitz

“DRM is nearly always the result of a conspiracy of companies to restrict the technology available to the public. Such conspiracy should be a crime, and the executives responsible for it should be sentenced to prison.”

Richard Stallman

ACTA is the worst thing since DMCA and it is, for a fact, far more severe than it. We covered this in [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. Behind the ACTA stands the “copyrights cartel,” as Dan Gillmor refers to it. It’s obvious what the problem is (or is not). What’s lesser known, however, is the impact which these abominable laws can have on patent trolls and their victims.

Here is an argument that ACTA may be fuel for patent trolls.

ACTA, a multi-lateral treaty currently being discussed secretly behind closed doors, might export the dangerous IPRED1 directive to the United States, which allow patent trolls in Europe to preventively freeze bank accounts of a company in case of “suspicion of infringement”.

Under this post, ACTA is called “cheap guns for patent trolls.”

According to a leaked document authored by the European Commission DG Trade, the secret ACTA treaty will reopen the debate on the liabilities of Internet Service Providers (ISPs) over content, as well as trying to achieve criminal sanctions in the EU under the French Presidency Sarkozy. France has already criminal sanctions for file sharers, and a law project on file sharing and “graduated response” has been recently passed the Senate. ACTA might also export the dangerous IPRED1 directive to the United States, which allow patent trolls in Europe to preventively freeze bank accounts of a company in case of “suspicion of infringement”.

Michael Geist has already written in protest of these inhumane laws, which are discussed with no consultation whatsoever with those who are affected and those who elected decision-making ‘elites’.

Earlier this year, many Canadians were taken aback by reports of a secret trade agreement that conjured up images of iPod-searching border guards and tough new penalties for every day activities. The Anti-Counterfeiting Trade Agreement, currently being negotiated by Canada, the United States, Japan, the European Union, and a handful other countries, generated sufficient public concern such that then-Industry Minister Jim Prentice specifically denied any links between the treaty and proposed new legislation.

While the ACTA debate has largely disappeared from the public radar screen, the negotiations continue. Over the summer, I reported about attempts to establish a private consultation committee composed of industry groups that excluded public interest organizations. The status of the consultation committee remains unknown, but my latest technology law column (Toronto Star version, homepage version) reports on newly obtained documents [13 MB] under the Access to Information Act that provide additional insights into the secretive nature of the negotiations as well as the results of a limited public consultation conducted by the Department of Foreign Affairs in the spring

FFII has written to demand copies of these documents.

The Foundation for a Free Information Infrastructure (FFII) has requested 12 secret Anti-Counterfeiting Trade Agreement (ACTA) documents from the EU Council. Behind closed doors, the EU, US, Japan and other countries are negotiating ACTA. The negotiating parties plan on making the ACTA text public only after the parties have agreed to it.

This is a democracy? Surely it’s a farce where media companies privately conspire to take citizen’s dignity away. Fight the ACTA before it fights you.

Tinfoil, skull and flag

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. mike said,

    November 4, 2008 at 5:28 pm

    Gravatar

    I wonder if this has anything to do with the Australian mandatory filtering scheme?

    Conroy well only say it will compulsory block ‘illegal’ content. Which this will clearly affect. And conveniently, a secretly government controlled ISP filter will be able to enforce it. Is this the beginning of the holy grail of the corporate controlled internet Dysney has always dreamed of?

  2. Roy Schestowitz said,

    November 4, 2008 at 5:36 pm

    Gravatar

    Disney is notorious for brainwash that’s mainly targeted at young people. Look for the documentary film Mickey Mouse Monopoly.

    If people don’t stand up and demand change or disclosure, there will be what’s called “Soviet Internet”, which is policed by diplomats without control or knowledge of the citizens. Another issue is net neutrality, not just DMCA and ACTA. Spread awareness of it

    I wrote about this in:

    http://boycottnovell.com/2008/05/04/lobby-laws-and-patents/

    Also of interest:

    EFA expresses alarm at Government “Internet censorship”

    http://www.itwire.com/content/view/21192/1054/

    No opt-out of filtered Internet

    http://www.infoworld.com/news/feeds/08/10/13/No-opt-out-of-filtered-Internet.html?source=gs

    Conroy announces mandatory internet filters to protect children

    http://www.abc.net.au/news/stories/2007/12/31/2129471.htm

    Australia to get net censorship

    http://www.news.com.au/heraldsun/story/0,21985,22959799-5005961,00.html

    Major Aussie ISP Telstra BigPond shafts open source OpenOffice

    http://tech.blorge.com/Structure%20/2007/12/18/major-aussie-isp-telstra-bigpond-shafts-open-source-openoffice/

    Australia to extend web censorship

    http://www.theinquirer.net/gb/inquirer/news/2007/09/26/australia-extend-web-censorship

    Suit against blogger weaves legal web in Paris, Texas

    http://chron.com/disp/story.mpl/metropolitan/5149745.html

    Web ‘censorship’ bill brings police state one stop closer

    http://www.itwire.com/content/view/14570/1055/

    Howard row over Wikipedia edits

    http://news.bbc.co.uk/1/hi/world/asia-pacific/6961575.stm

    AT&T admits it censored other bands

    http://news.com.com/8301-10784_3-9759184-7.html?part=rss&subj=news&tag=2547-1_3-0-20

    AT&T slams Google over open-access wireless proposal

    http://www.cbronline.com/article_news.asp?guid=B592E3C6-E5F3-4ECA-93C1-3A5A3392024A

    Microsoft and MySpace join Govt’s fight against online predators

    http://www.securecomputing.net.au/news/61208,microsoft-and-myspace-join-govts-fight-against-online-predators.aspx

    Australia’s porn-blocking plan unveiled

    http://news.zdnet.com/2100-1009_22-6202226.html

    Yahoo!, Microsoft ink web pact with Chinese government

    http://www.theregister.co.uk/2007/08/24/yahoo_and_microsoft_ink_chinese_blogging_pact/

    Chinese Internet dissident committed to mental hospital

    http://www.heise.de/english/newsticker/news/94864/from/rss09

What Else is New


  1. Links 22/4/2019: Linux 5.1 RC6, New Release of Netrunner and End of Scientific Linux

    Links for the day



  2. USPTO and EPO Both Slammed for Abandoning Patent Quality and Violating the Law/Caselaw in Order to Grant Illegitimate Patents on Life/Nature and Mathematics

    Mr. Iancu, the ‘American Battistelli’ (appointed owing to nepotism), mirrors the ‘Battistelli operandi’, which boils down to treating judges like they’re stooges and justices like an ignorable nuisance — all this in the name of litigation profits, which necessitate constant wars over illegitimate patents (it is expensive to prove their illegitimacy)



  3. IRC Proceedings: January 27th, 2019 – March 24th, 2019

    Many IRC logs



  4. IRC Proceedings: December 2nd, 2018 – January 26th, 2019

    Many IRC logs



  5. Links 21/4/2019: SuperTuxKart's 1.0 Release, Sam Hartman Is Debian’s Newest Project Leader (DPL)

    Links for the day



  6. The EPO's Use of Phrases Like “High-Quality Patent Services” Means They Know High-Quality European Patents Are 'Bygones'

    The EPO does a really poor job hiding the fact that its last remaining objective is to grant as many European Patents as possible (and as fast as possible), conveniently conflating quality with pace



  7. A Reader's Suggestion: Directions for Techrights

    Guest post by figosdev



  8. Links 20/4/2019: Weblate 3.6 and Pop!_OS 19.04

    Links for the day



  9. The Likes of Chartered Institute of Patent Attorneys (CIPA), Team Campinos and Team UPC Don't Represent Europe But Hurt Europe

    The abject disinterest in patent quality and patent validity (as judged by courts) threatens Europe but not to the detriment of those who are in the 'business' of suing and printing lots of worthless patents



  10. The Linux Foundation Needs to Change Course Before GNU/Linux (as a Free Operating System) is Dead

    The issues associated with the Linux Foundation are not entirely new; but Linux now incorporates so many restrictions and contains so many binary blobs that one begins to wonder what "Linux" even means



  11. Largest Patent Offices Try to Leave Courts in a State of Disarray to Enable the Granting of Fake Patents in the US and Europe

    Like a monarchy that effectively runs all branches of government the management of the EPO is trying to work around the judiciary; the same is increasingly happening (or at least attempted) in the United States



  12. Links 19/4/2019: PyPy 7.1.1, LabPlot 2.6, Kipi Plugins 5.9.1 Released

    Links for the day



  13. Links 18/4/2019: Ubuntu and Derivatives Have Releases, digiKam 6.1.0, OpenSSH 8.0 and LibreOffice 6.2.3

    Links for the day



  14. Freedom is Not a Business and Those Who Make 'Business' by Giving it Away Deserve Naming

    Free software is being parceled and sold to private monopolisers; those who facilitate the process enrich themselves and pose a growing threat to freedom in general — a subject we intend to tackle in the near future



  15. Concluding the Linux Foundation (LF) “Putting the CON in Conference!” (Part 3)

    Conferences constructed or put together based on payments rather than merit pose a risk to the freedom of free software; we conclude our series about events set up by the largest of culprits, which profits from this erosion of freedom



  16. “Mention the War” (of Microsoft Against GNU/Linux)

    The GNU/Linux desktop (or laptops) seems to be languishing or deteriorating, making way for proprietary takeover in the form of Vista 10 and Chrome OS and “web apps” (surveillance); nobody seems too bothered — certainly not the Linux Foundation — by the fact that GNU/Linux itself is being relegated or demoted to a mere “app” on these surveillance platforms (WSL, Croûton and so on)



  17. The European Patent Office Does Not Care About the Law, Today's Management Constantly Attempts to Bypass the Law

    Many EPs (European Patents) are actually "IPs" (invalid patents); the EPO doesn't seem to care and it is again paying for corrupt scholars to toe the party line



  18. The US Supreme Court (SCOTUS) Once Again Pours Cold Water on Patent Maximalists

    Any hopes of a rebound or turnaround have just been shattered because a bizarre attack on the appeal process (misusing tribal immunity) fell on deaf ears and software patents definitely don't interest the highest court, which already deemed them invalid half a decade ago



  19. Links 17/4/2019: Qt 5.12.3 Released, Ola Bini Arrested (Political Stunts)

    Links for the day



  20. Links 16/4/2019: CentOS Turns 15, Qt Creator 4.9.0 Released

    Links for the day



  21. GNU/Linux is Being Eaten Alive by Large Corporations With Their Agenda

    A sort of corporate takeover, or moneyed interests at the expense of our freedom, can be seen as a 'soft coup' whose eventual outcome would involve all or most servers in 'the cloud' (surveillance with patent tax as part of the rental fees) and almost no laptops/desktops which aren't remotely controlled (and limit what's run on them, using something like UEFI 'secure boot')



  22. Reader's Claim That Rules Similar to the Code of Conduct (CoC) Were 'Imposed' on LibrePlanet and the FSF

    Restrictions on speech are said to have been spread and reached some of the most liberal circles, according to a credible veteran who opposes illiberal censorship



  23. Corporate Media Will Never Cover the EPO's Violations of the Law With Respect to Patent Scope

    The greed-driven gold rush for patents has resulted in a large pool of European Patents that have no legitimacy and are nowadays associated with low legal certainty; the media isn't interested in covering such a monumental disaster that poses a threat to the whole of Europe



  24. A Linux Foundation Run by People Who Reject Linux is Like a Children's Charity Whose Management Dislikes Children

    We remain concerned about the lack of commitment that the Linux Foundation has for Linux; much of the Linux Foundation's Board, for example, comes from hostile companies



  25. Links 15/4/2019: Linux 5.1 RC5 and SolydXK Reviewed

    Links for the day



  26. Links 14/4/2019: Blender 2.80 Release Plan and Ducktype 1.0

    Links for the day



  27. 'Poor' (Multi-Millionaire) Novell CEO, Who Colluded With Steve Ballmer Against GNU/Linux, is Trying to Censor Techrights

    Novell’s last CEO, a former IBMer who just like IBM decided to leverage software patents against the competition (threatening loads of companies using "platoons of patent lawyers"), has decided that siccing lawyers at us would be a good idea



  28. Guest Post: The Linux Foundation (LF) is “Putting the CON in Conference!” (Part 2)

    Calls for papers (CfP) and who gets to assess what's presented or what's not presented is a lesser-explored aspect, especially in this age when large corporate sponsors get to indirectly run entire 'community' events



  29. Patent Maximalists Are Enabling Injustices and Frauds

    It's time to come to grips with the simple fact that extreme patent lenience causes society to suffer and is mostly beneficial to bad actors; for the patent profession to maintain a level of credibility and legitimacy it must reject the deplorable, condemnable zealots



  30. Further Decreasing Focus on Software Patents in the United States as They Barely Exist in Valid Form Anymore

    No headway made after almost 4 months of Iancu-led stunts; software patents remain largely dead and buried, so we’re moving on to other topics


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