04.13.09

Gemini version available ♊︎

ACTA Leak Reveals Upcoming Intellectual Monopoly War?

Posted in IBM, Intellectual Monopoly, Patents, SUN at 4:30 am by Dr. Roy Schestowitz

Dreaming
Big ACTA is watching

Summary: As certain large nations approach bankruptcy, will so-called “IP” become the next battleground?

THANKS to a friendly tip, we now know that “ACTA covers patents” and that “all IP rights under TRIPS means patents.” This latest leak is the scanned document draft, but it’s likely that sooner or later someone will translate it manually (or semi-manually with OCR) into reproducible text, in digital form. From Wikileaks:

The file presents US, Japan and EU drafts of the controversial international copyright and patent trade agreement, ACTA (“Anti-Counterfeiting Trade Agreement”). The documents were obtained by Wikileaks staff.

Here is some coverage and initial interpretation from Digital Majority:

Behind closed doors, the European Union, United States, Japan and other governments are negotiating the Anti-Counterfeiting Trade Agreement. No mandates or drafts are published. The ACTA will contain new rules for the enforcement of copyrights, trade mark rights, patents and other so called “intellectual property” rights. Public interest organisations are concerned ACTA may limit access to medicines, limit access to the internet, give patent trolls free reign and harm the most innovative sectors of the economy.

“The document has confirmed my fears. They want to basically stop everything that can be spread on the Internet, all forms of trademark infringement, and even medicine. It is much more far reaching than I thought. I wonder, finally, what is not covered by ACTA?” said Jens Holm to DN.se.

Here is our local copy of the ACTA drafts [PDF].

We are already discouraged to find that IBM, the quiet giant whose business moves abroad (thus degrading work conditions for all) and patent portfolio widens (or gets a lot thicker), may capitalise on some of the above. This new article discusses the role of intellectual monopolies in an IBM/Sun takeover. Sun’s policies on patents — including on software patents — would become utterly worthless.

To achieve negotiating leverage this is a potent and potentially powerful tool in the right hands. And the fact that the technical analysis is subjective only adds to this power. To counter such a strategy one needs a story and one needs to be able to speak the language and understand the motivations of the acquirer who wants to exploit this advantage.

Now, I don’t know if something similar to this scenario is being played out now, but I do know that IBM is an “IP smart acquirer” and I also note that the Sun share price is heading south quickly as news of the deal’s collapse is absorbed. Is IBM using IP and potential concerns about what is in Sun’s portfolio to leverage a lower price for the acquisition? I suppose we will find out soon enough.

Speaking of a patent deform, this article shows just how much of a farce it continues to be (albeit nowhere as harmful of the ACTA). As Pamela Jones put it yesterday, “I suggest they shouldn’t call it First to File. They should call it First to File Sneaky. See what happens when Congress “fixes” patent law? Is it stupid or intended? Who knows? Does it matter? One thing is for sure: this isn’t making patent law simpler.”

Here is a personal take (which is based on opinion alone, inspired by facts): A lot of the powerful countries as we know them have come to rely on the capital of large corporations within their sovereignty. That. however, is beginning to change with more nationalisation (even in implicit ways like a bailout). As nations that are old empires approach possible declaration of bankruptcy (US debt exceeds $11 trillion and the UK’s is around $3 trillion), there will likely be a power struggle around notions like “IP”. In case a practical example helps, think of an African nation being offered “access to IP” in exchange for its natural resources like gold and minerals. The vision that’s presented to stake-holders motivates and rationalises many of those notorious agreements that we see now, such as the North American Free Trade Agreement (NAFTA) and now ACTA. Here in this Web site we’ve accumulated many links to information about ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]. People are encouraged to learn and to disseminate information about ACTA.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

4 Comments

  1. aeshna23 said,

    April 13, 2009 at 7:10 am

    Gravatar

    Roy, you should stick with facts and not paranoid fantasies of world conditions that are far from patent law.

    Just to be clear, we don’t live in the world of 1890 with Eurpoean colonial powers controlling the world. We live in 2009 where those former colonies have much power, a multilateral world. Meanwhile, socialism has made Europe too spineless and politically correct to even defend itself much less commit aggression. And Obama is busy making the United States Europe.
    I just get so tired of people who think that the Society for Creative Anarchism is how one should play politics. Here in the United States they want to fight racism, when it would be a quest equivalent to finding the Holy Grail to find an actual racist. At least, in America, the left wants to refight the 1950′s for the next 500 years. It’s better than European left refighting the 1890′s.

  2. Doug said,

    April 13, 2009 at 7:42 am

    Gravatar

    Your depiction of a European ‘socialism’ bares no relation to reality, as does the rest of your spiel ..

  3. Jose_X said,

    April 13, 2009 at 2:26 pm

    Gravatar

    The ad at the top of this page says: “Protect Your Intellectual Property\n Trademarks, Patents, and Copyrights” by some company or other.

    This is an appeal to greed. It pretends that “you” will benefit from this protection. Individually, it seems you would, but collectively you end up losing a lot more.

    Alternatively, it encourages fear. It says to protect your stuff because everyone else is doing the same thing.

    Unlike with limited resources. When you “propertize” things to which you ordinarily had access, you end up losing a lot of things to which you ordinarily had access. You gain 10 patents but lose 5 million patents.

    If you learn something new and powerful tomorrow, you will find you can’t do much with it legally because a few of those that learnt it yesterday got a monopoly over you and everyone else coming in after them.

    We need a marketing campaign (because those working against us are marketing to those likely to “create” intellectual property) that talks about everything that is being taken from everyone by forced government monopolies. .. as if only one person or a very narrow group were able to make contributions in a certain way. This set of laws puts monopoly power into the hands of the wealthy and business savvy. It’s a power that belonged to everyone and which the majority of people have been empowered to tap only recently with the growth of the Internet and more sophisticated computing power.

    Create Linux distros to teach about these issues and make it easy for users to take action. Then spread these distros by word of mouth.

    IP stands for Intellectual Ptheft.

    Reverse Robin Hood: impoverish everyone to give to the rich.

    We need to press to have these unconstitutional laws struck down (in the US) and have fair laws replace them.

    Create Linux distros to spread this message.. and spread the word, folks.

  4. Jose_X said,

    April 13, 2009 at 2:31 pm

    Gravatar

    Anyone want to create an IP: Intellectual Ptheft logo?

DecorWhat Else is New


  1. Links 29/06/2022: Russians Moving to GNU/Linux

    Links for the day



  2. IRC Proceedings: Tuesday, June 28, 2022

    IRC logs for Tuesday, June 28, 2022



  3. [Meme] The Delegates' Munich Rally (June 29th 2022), Re-electing a Corrupt Dictator?

    The EPO's presidency is still being bought using bribes, so there’s no real democracy (auctions, not elections); The reference may be seen as offensive, but remember Benoît Battistelli‘s family ties to Nazism



  4. Most “Job Applicants to an Examiner Position at EPO Who Were Offered a Job Did Not Take it”

    One of many interesting comments left since Monday



  5. CNX Software or CNX Microsofter?

    Is the money worth it, CNX? You are putting off readers, very few of whom are likely to be using antique versions of Microsoft Office; better to focus on news, not spamfarming



  6. Links 28/06/2022: Vim 9.0 and vnlog 1.33

    Links for the day



  7. Steven Vaughan-Nichols: Mouthpiece for Jim Zemlin, Salaried by (or via) ZDNet

    In ZDNet, all the latest 5 “articles” about “Linux” are just spam/puff pieces for the Linux Foundation, a front group of monopolies and foes of the GPL. ZDNet’s Steven Vaughan-Nichols also defamed the person behind the GPL. Follow through to narratives.zdnet.com and find: “Through ZDNet Narratives, our advertising partners tell their comprehensive product and solutions stories” (so it’s not journalism but narratives for sale or coin-operated pundits who cover what the sponsors tell them to)



  8. Twitter: From 'Engagement' Bots to Fake Stats

    Just like in YouTube, where SPAMnil still engages in clickfraud (bots that fake the number of views), Twitter is clearly misleading everybody to give a false sense of importance



  9. New Video From the Free Software Foundation (FSF): “Escape to Freedom”

    "Escape to Freedom" is a new animated video from the Free Software Foundation (FSF), giving an introduction to the concepts behind software freedom: both what we gain by having it, and what rights are at stake.



  10. Links 28/06/2022: Mozilla Thunderbird 102 and EasyOS 4.2.2 Released

    Links for the day



  11. [Meme] EPO Bosses Sneer at Staff Unrest

    Another new EPO cartoon/meme



  12. [Meme] EPO Policies Decided Behind Closed Doors

    The EPO has not been run like a patent office/system for over a decade already; wealthy stakeholders from other continents just turned it into their monopoly-granting machine, operating in violation of its own charter for the sole goal of increasing cashflow, not advancing science or helping businesses



  13. Lots of Legal Action Against the EPO Impending

    The Local Staff Committee The Hague (LSCTH) gives a heads-up regarding a "tsunami of legal cases on the horizon" against Europe's second-largest institution, which operates in the dark with impunity (and thus frequently breaks the law and breaks promises)



  14. “Mobility Package” as Bribes in European Patent Office

    Published a few hours ago



  15. Links 28/06/2022: Plasma Mobile Gear 22.06 and KDE Plasma 5.25.2

    Links for the day



  16. Bastian Best is Still Wrong and Dishonest About Software Patents

    A quick rebuttal to abysmal arguments in favour of software patents, courtesy of people who neither code nor disclose a very obvious conflict of interest (they profit from promotion of such illegal patents, helped by crooked EPO presidencies that violate the European Patent Convention with impunity)



  17. IRC Proceedings: Monday, June 27, 2022

    IRC logs for Monday, June 27, 2022



  18. EPO Protest Tomorrow in Munich

    We urge all EPO workers based in Munich to attend tomorrow's protest; it's not a waste of time, it sends a strong and effective message



  19. Links 28/06/2022: Git 2.37.0 and GCC Rust Front-end

    Links for the day



  20. [Meme] Benoît Battistelli and António Campino Buying Elections Since 2010

    Ever wondered how criminals like Benoît Battistelli and António Campinos could seize and retain power at the EPO? They know exactly what they’re doing and there’s nothing stopping them…



  21. EPO Management Glorifies Illegal Agenda and Violations of the European Patent Convention (EPC) to Impress the Administrative Council

    As the meeting of the Administrative Council approaches the "Mafia" brings out the lies and makes a "happy face", helped by lobbyists and patent maximalists that pursue an illegal agenda and deliberate violations of the European Patent Convention



  22. Links 27/06/2022: GnuCash 4.11, digiKam 7.7.0, and Easy 4.2.1

    Links for the day



  23. The Importance of Freedom of Speech and Freedom of the Press When It Comes to EPO Corruption

    Corruption such as bribery of the media (and academia) has long gone on at the EPO; it’s no wonder that bribes, in addition to threats, have muzzled almost every publisher that covers EPO corruption, but there are exceptions



  24. [Meme] It's Harder to Talk About Crimes When...

    Centralised media or centralised Internet remains a peril when it comes to freedom of expression; people in privileged positions typically decide who can and who cannot express an opinion (based on personal preferences, agenda, financial motives)



  25. [Meme] The World Wide Web Has Become Bloated and Slow

    The Web at 30+ is not what it was back in the 1990s; many people nowadays use tabs because ‘pages’ take far too long to load (in spite of tremendous bandwidth gains; part of the problem is RAM hoard and CPU hogs) and the original goal, a platform or a protocol for interconnected pages, has long been abandoned



  26. Gemini Graduating to First-Class Citizen

    Gemini links have become abundant enough that they justify having their own section in Daily Links instead of scattered around and blended with World Wide Web links



  27. Links 27/06/2022: New Curl and Okular Digital Signing

    Links for the day



  28. Links 27/06/2022: GNOME Design Rant

    Links for the day



  29. IRC Proceedings: Sunday, June 26, 2022

    IRC logs for Sunday, June 26, 2022



  30. Links 26/06/2022: Linux 5.19 RC4

    Links for the day


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

Recent Posts