Bonum Certa Men Certa

Intellectual Monopolies Go Further Out of Control

Novell sign in street



THIS POST contains a large number of news items which demonstrate dissent and misconduct around the theme of intellectual monopolies.

Apple vs Linux Devices



Apple's action against 2 Linux devices -- one with the means of words, another being through castration of a feature -- is a subject we last explored two days ago.

Chris Maxcer at ECT claimed this to be exaggeration just like Daniel Eran of Roughly Drafted Magazine had claimed, but they are quick to defend Apple quite blindly. Apple's practices are not without faults. They actually cause considerable harm to Google's Linux platform (including users) and they harm GNU/Linux desktops too.

Apple's latest controversial patent (on touch-screen) is further discussed in LWN and quite coincidentally, according to this new report from IDG, Apple has just been sued as well, over a technology that relates to screen rendering.

Apple is facing another iPhone lawsuit, this time focusing on the screen rendering technology Apple uses in the iPhone and iPod touch.


Intellectual Monopolies



Some people have begun doubting this system as a whole. Examples of new coverage include:

i. Trademark versus Copyright and Patent, or: Is All IP Evil?

So we come to trademark. I deal with this on pp. 58-59 of Against Intellectual Property, and also in some detail in Reply to Van Dun: Non-Aggression and Title Transfer (esp. pp. 59-63). In my view, the new-fangled extensions of trademark law--rights against "trademark dilution" and cybersquatting, etc.--are obviously invalid. Further, federal trademark law is problematic since it is not authorized in the Constitution (copyright and patent are, but not trademark; trademark relies on the Interstate Commerce Clause, and thus the federal trademark law only covers trademark connected to interstate commerce, and does not preempt state law, so that state trademark law still governs many intra-state situations).

But even if federal trademark law were abolished, as well as modern extensions such as rights against trademark dilution, even common law trademark is problematic, for three primary reasons. First, it is enforced by the state, which gets everything wrong. Second (see First), the test of "consumer confusion" is usually applied ridiculously, treating consumers like indiscriminating idiots. Third, and worst of all, the right at issue is the right of the defrauded consumer, not the competitor. Trademark law ought to be reformed by abolishing the right of trademark "owners" to sue "infringers" (except perhaps as proxy for customers, when consent can be presumed or proved), and treating this as a case of the customer's right to sue a vendor who defrauds him as to the nature of the good purchased.


ii. Rethink intellectual property laws



The speed of the global economic collapse is provoking a widespread — many would say belated — realisation that many of the beliefs underlying economic expansion over the past 20 years need close questioning, particularly those involving the relationship between the state and the market.

[...]

[T]he act has led to a flood of ‘upstream’ patents on basic scientific knowledge, leading to what some commentators describe as a virtually impenetrable ‘patent thicket’ blocking small-scale inventors from marketing their products. For example, restrictive software patents limit further development and commercialisation in the field of information technology.


India takes preventive measures:

India Fights Patents with Huge Prior Art Database



[...]

This is a huge, multilingual resource – something that could only be put together with governmental support and resources. It is also fairly specific to the domain of traditional knowledge. Nonetheless, it's a great example of how an extensive prior art database can be created and then made readily available to the patent authorities in order to help prevent patents being granted unjustifiably. It's a pity that we are unlikely to see anything quite like it for other knowledge domains.


Culture and Life



As further illustration of the fact that intellectual monopolies are going out of control (and not just in software), here are some new articles that serve as evidence:

i. Serious Worries About Locking Up Synthetic Biology Through Patents

And the concerns can go much further. In James Boyle's The Public Domain, he spends the second half of chapter 7 quite worried about efforts to lock up the basic building blocks of synthetic biology. As he notes, synthetic biology is quite similar in many ways to software -- and locking it up with patents would have the same disastrous implications as software patents currently do. Luckily, the early days of software did not involve patents, but the same cannot be said for synthetic biology.



It would be as if, right at the beginning of the computer age, we had issued patents over formal logic in software -- not over a particular computer design, but over the idea of a computer or a binary circuit itself.



ii. Glaxo proposes patent pool for neglected diseases

GlaxoSmithKline Plc's (GSK.L) chief executive urged creation of a voluntary patent pool to spark development of new treatments for neglected diseases in the world's poorest countries.

Glaxo CEO Andrew Witty said on Friday his company would contribute its own patents for technologies that might aid research into malaria, cholera and more than a dozen other diseases.


iii. Traditional Tribal Dance... Now Covered By Intellectual Property

I can certainly understand why they might be upset from a traditional angle, but it seems fairly ridiculous that you can tell people how they can and cannot dance.


iv. Increasing Concerns Raised Over Google's Book Search Settlement

When the settlement between Google and authors and publishers, over Google's book scanning project, was announced, many saw it as a big victory for everyone -- as it allowed Google to continue moving forward with plans to scan books, while also creating a "business model" for authors and publishers. However, some of us were very troubled by the implications of the settlement.


This last one was also covered here.

Software Patents



Here is where we stand at the moment. [via Digital Majority]

Software Patents and Open-Source



[...]

Does our current system of patents, especially software patents, "promote the progress of science and the useful arts?" The answer is obvious. It does not. Is it obvious enough for the Supreme Court to go against the wishes of the "intellectual property nomenklatura" of this country, with their fictitious billions of dollars on their balance sheets? Maybe. We'll see. Another interesting question is this. On the day after all those patents are invalidated, what will the stock market do? It will be interesting to see....


There is dissent coming even from large companies which hold many software patents.

Many big tech companies, including Cisco Systems, Hewlett-Packard and others represented by the Coalition for Patent Fairness, are pushing hard for patent reform, citing the rising costs of IP claims against them. The threats and suits often come from companies that exist solely to license sometimes questionable patents, the companies say.


These companies are particularly concerned about patents trolls, which are merely the side effect of a system that promotes monopoly by a few. If the major companies can (ab)use the system they themselves help create, why can't the parasites?

It’s symptomatic of an oversized industry, but also of an inefficient one. “There are some who would stick the moniker ‘troll’ on Acacia. They don’t invent anything. They just buy patents and enforce them,” says Mark Webbink, a visiting professor at New York Law School and Director of the Center for Patent Innovations, an organization partnering with the US Patent and Trademark Office to tighten up the way patents are issued.


Here is another new case of harvesting with patents:

Freedom Wireless LLC has reached settlements with a host of defendants, including Ericsson Inc., Cingular Wireless LLC and T-Mobile USA Inc., in a protracted spat over patents related to prepaid cell phone technology.


Another noteworthy point: [via Glyn Moody]

So, who are the nation's "independent inventors?" Are they patent-holders busy denouncing patent reform? Or are they the people and companies who must defend themselves against lawsuits brought by those patent-holders?


For mild amusement, there is this new cartoon on the subject.

Europe



Now that it's realised and almost confirmed that the Community patents can serve as a back door to software patents, ComputerWorld UK warns about it and additionally links to the cause:

Unfortunately, it looks like the recent Symbian decision in the UK, which muddied the software patent waters yet further, could prove to be the thin end of the wedge. It's hard to know what can be done about these moves to create a Community Patent, since the idea itself is not without merit in terms of reducing European bureaucracy; but rest assured, as soon as it becomes clear, I'll be writing about it.


The same author, Glyn Moody, realises that money is being pumped into such bad causes in the UK. Here is a direct link.

Maybe it's time to set up an Anti-Intellectual Monopolies Trust: anyone want to fund it?


It is sad to see that europa.eu is entertaining Microsoft pressure groups, in this case ACT [1, 2, 3, 4, 5, 6, 7, 8. In fact, it gives an entire page to them under the "Cordis" subdomain. "Cordis is an EU website of the EU Publications Office and features a news report that advertises an ACT report. Eutopia means "good place" in ancient greek," says the person who sent this polite notification to us. "Right now we find a growing meme of domestic software in the EU," he added.

We also hear that the European Commission has a working group on patents and software strategy. This is totally disrespectful to Free software and the rest of those ideas which promote sharing, collaboration, intellectual independence, and freedom. We also find the ESA (Microsoft pressure group) saying that they want software patents via a central patent court. This relates to the reports above.

ACTA



Here are some new ACTA disclosures with remarks on them. For details:

i. Leak of Classified ACTA Dox Reveals Dissent

If true, these are to the credit of the EU delegation, which is clearly trying to limit at least some of the most damaging aspects of ACTA.


ii. More ACTA Papers Locked Away

In my earlier posting from November last year I had reported on the secrecy of the ongoing ACTA negotiations wherein also the EU is involved. Just in order to make clear that important issues are at stake but carefully hidden from the general public, here is a small compilation of papers dated after November 21, 2008, and known to the EU Council but not published up to now...


More information about the ACTA we've been accumulating for quite some time, e.g. in [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17].

Copyrights



The public voice seems to have been lost in the noise of lobbyists, media moguls and American conglomerates, who further ruin copyright law in the European Union.

Copyright term for music recordings must be extended from 50 years to 95 years, says legislation approved on Thursday by the Legal Affairs Committee.

Increasing the term of copyright protection would ensure that performers and producers continue to receive royalties for 95 years from the first publication or performance of their song, according to a Commission proposal backed by the committee.


People are rightly frustrated to see their system giving permanent welfare to this tiny (and sometimes deceased) segment of the population. This law started in the United States, later to be pushed into other countries using reasoning like "harmonisation".

"Intellectual property is the next software."

--Nathan Myhrvold, Microsoft patent troll

Recent Techrights' Posts

IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Submit Your Suggestions for EU's Embrace of Software Freedom by Tomorrow
Time to leave GAFAM (US) hegemony behind
Slopless Weekend
This is not sustainable
 
Microsoft Lost 20% of Its Money in the Past 6 Months
Microsoft is hiding what's really happening while mocking critics
Great News, IBM 'Gained' Almost 10% in "Goodwill" Value After Firing Tens of Thousands in 2025
"goodwill" will be inflated despite IBM staff getting sick of IBM
Americans Move to GNU/Linux
some of the biggest American populations
I Still Like Drawing and Various Other Arts (They Help My Activism and Journalism), Slop is an Enemy of Creative People
Recognise that slop isn't intelligence; it's a generational excuse for plagiarism and privatisation of not only the Commons but also proprietary knowledge (without authorisation)
Carmen-Lisandrette Maris (Mission:Libre) Explains to Adolescents and Young Adults How Free Software Improves Privacy
Based on what we've seen and read, Mission:Libre has a solid grasp of Software Freedom
Chatbots Didn't Do Any Good for Microsoft
Google "AI" = search + copypasta
Links 02/02/2026: Cultural Cleansing by China and 'Living Behind Firewalls" in Iran
Links for the day
GNU/Linux Measured at More Than 4% in Russia
growing adoption of GNU/Linux in Russia
Gemini Links 02/02/2026: Stages of Age, Workflows, and Counting Capsules
Links for the day
Oracle's Debt Rose Over 20 Billion Dollars in Just 3 Months
Is "hey hi" becoming a synonym for debt?
Oligarchs' 'Speech Zones' Are Not the "Public Square"
The apologists of social control media, including press that got "addicted" to such fake "media", are helping dictators and oligarchs grab the public attention away from the real press
Links 02/02/2026: 'Melania' a Horror Movie "Will They Inherit Our Blogs?"
Links for the day
Doing More Detailed Series (Long-Form Works)
Long readings or book-like reading binges are only possible when parts are suitably labeled (name and numbers) if not interlinked
Mobbing at the European Patent Office (EPO) - Part II - Racism, Cocaine Use and White-Collar Corruption
When you hire people illegally, to work for cocaine users and keep quite about the cocaine use, what will be the impact on the reputation of an institution?
A Can of WORMS - Part II - Darkening the Name of RMS, Associating It With Crime
Beware projection tactics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026
Gemini Links 01/02/2026: Fossil Heating Installations and Some FOSDEM Coverage
Links for the day
The State of Memory Leaks in GNU/Linux
The issue won't be solved by adding more memory
Links 01/02/2026: Nvidia's Jensen Talks Down Microsoft 'Open' 'Hey Hi' and Britain's Starmer Makes Friends With China, Japan
Links for the day
Why Microsoft Accenture Has So Many Layoffs in Recent Years
The debt of Accenture doubled a year ago
Links 01/02/2026: Public TV Gutted by Cheeto, Billionaires Fund a Cheeto Propaganda Movie in 'Documentary' Clothing
Links for the day
The New Site ("New Techrights", SSG Since 2023) Exceeds the Old Site in Requests
The "New Techrights" gets about twice as many requests as the "old" (WordPress) "Techrights", the site of 2006-2023
20 Years Ago
Some time soon all this slop frenzy will become like yesterday's "blockchain" or "metaverse"
Gemini Links 01/02/2026: Zdzisław Beksiński and Disconnected Git Workflow
Links for the day
Talks About Nadella's Microsoft Exit After Chatter About Tim Crook Leaving Apple (Years Ahead of Retirement Age)
Mass layoffs and record debt do not represent a company's health.
We Still Cover the Same Problems We Spoke of 20 Years Ago
We're not easily seduced by "novelty" (new things), we try to judge them critically
Patents Standing in the Way
They also cause environmental harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 31, 2026
IRC logs for Saturday, January 31, 2026
IBM, a Microsoft Company
Microsoft and IBM as a pair go a long way back
A Lot Less GAFAM in Scandinavia
Are they reacting to geopolitics and risks from the US?
IBM Kills Companies It Bought (Neudesic Seems Like Latest Casualty)
Why isn't even a single publisher investigating those things?
Fake "Linux" Articles
Just because some platform has "Linux" in the domain name and/or site name does not imply that it is a news/Linux site
Gemini Links 31/01/2026: "Proof Without Content" and "Technology Connections"
Links for the day
Links 31/01/2026: Microsoft "OpenAI Representatives Are Going to Critics’ Houses With Threats and Demands", Its Proprietary Chaffbot Faces More Lawsuits
Links for the day
Links 31/01/2026: "Introducing Encrypt It Already" and "Huge Cache of Epstein"
Links for the day
A Can of WORMS - Part I - Trying to Throw RMS Under the Bus at MIT and Everywhere Else
This series won't give air to online 'trolls'
Mobbing at the European Patent Office (EPO) - Part I - An Introduction
When the series ends, some time around the second or third EPO strike of this year, we'll contact the relevant authorities and plead for intervention
The Solicitors Regulation Authority (SRA) Delusion - Part I - Who Regulates This Regulator? (Only Itself!)
We won't self-censor or prematurely terminate this series
Norway Almost Trusts Russia More Than the Bill Gates (Sleeping With Young Russian Girls) Company, Microsoft
Microsoft represents crime
Riddle Us This... (Jim Zemlin and Bill Gates)
Do these people even understand the literal meaning of "safe space"?
Is "Nobel Prize for Peace" a Sick Person's 'Code Word' for Gangbanging Now? Ask Bill Gates.
Watch all the Gates apologists getting all silenced/silent
BBC Gaslights Women Sexually Exploited (Many Under Legal Age) for Its Rich Sponsor, Bill Epsteingate (Gates)
Is this a national broadcaster or a propaganda tool "For Rent"?
Microsoft 'Open' 'AI' Reportedly About to Become Bankrupt, Seeking Emergency Cash Infusion (Loans)
the money promised to Microsoft 'Open' 'AI' failed to arrive
Gemini Links 31/01/2026: Deep Ice and Slide Rules
Links for the day
Writing About Abuse
Never ever allow misogynists to get their way if you strive to live in a decent society
MIT DEDP MicroMasters online learner's blog post about cover-up linked to resignation of Swiss financial regulator
Reprinted with permission from Daniel Pocock
Salary Erosion Procedure (SAP) as the Primary Reason for EPO Strikes
They focus on financials, as the corruption aspects are un-sayable or unspeakable, except in private
IBM Bluewashing: Feels Like IBM is Scuttling Neudesic (and Some of Red Hat)
We recently saw some Red Hat staff joining a Microsoft proxy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 30, 2026
IRC logs for Friday, January 30, 2026
Microsoft Stock Collapsing Due to the Slop Bubble and Microsoft is Hiding Budget 'Black Holes'
Microsoft does not perform like it tells "the media" and "the market"