06.17.09

Gemini version available ♊︎

Intellectual Monopoly Roundup: Comedy or Farce?

Posted in Patents at 11:31 am by Dr. Roy Schestowitz

Musical note

Summary: News about patents — where does it end?

A unique person with a unique common sense in the EP

It’s not just about the profits of the pharmaceutical industry. The proposed alternative to pharmaceutical patents starts from the fact that the big pharmaceutical companies officially admit they only spend 15% of their revenues on research, to suggest that the governments could take 20% of what they currently spend on drugs (which is a lot of money!) and allocate it to pharmaceutical research, with the results free to anyone. However, the Pirate Party is the only political party to have asserted that all kind of patents have to be abolished, not only the pharmaceutical patents and the software patents!

Interview with Pirate Party Leader: ‘These are Crucial Freedoms’

In the same way, the Pirate Party opposes patents — especially in software, but also in other areas.

“All patents, at their base, are innovation inhibitors,” he maintains. “Patents delayed the industrial revolution by thirty years. They delayed the advent of the North American avionics industry by another thirty years, until the first world war broke out, and the US government confiscated the patents. It delayed radio for five years.” Today, he suggests, advances in electric cars and eco-friendly infrastructure are similarly blocked by patents.

The Fight of His Life

Call him Dr. No. Locked in a bitter dispute over how he can use the fruits of his research, Bob Shafer is asking the same question the courts are now grappling with: Just what can be patented, anyway?

Get Your Hands Out of my Genes!

Our genes might be practically open to discovery, there’s very little physically I can do to prevent you from acquiring my genes and unraveling my genetic code. But that doesn’t mean it wouldn’t be disturbing or unethical if you did this. The knowledge you could get about me, and use against me, is just too potentially disruptive to decide that we are not somehow each custodians, and maybe even more properly guardians, of our individual genetic data.

At the same time, the genome we share cannot be cordoned off. To the degree that our genetic information is mostly the same, we should all have access to it. No one should be able to claim that if we want to peek around, learn some more, and do some studies on this common genetic code, we somehow have to pay for this. Our “common genetic heritage” is, I argue, an actual commons like the sky, sunlight, or international waters. We should treat it as such.

US Green Patents vs. Global Climate Commons

Guess which wins?

Last night the House voted overwhelmingly to establish new U.S. policy that will oppose any global climate change treaty that weakens the IP rights of American “green technology.”

Staggering. Sickening. Suicidal. (Via Against Monopoly.)

Intellectual “Property” Versus Real Property

Intellectual “property” (IP) is a sleeper issue. It seems uncontroversial: Someone invents or writes something and therefore owns it. What could be plainer? But IP contains the power to destroy liberty.

IP isn’t merely about rock bands preventing kids from sharing MP3s over the Internet. (See “Weird Al” Yankovic’s musical commentary, “Don’t Download This Song,” here.) It’s about crusty incumbent firms trying to preserve market share by stifling competition, domestically and in the developing world.

It’s Not About Being First… It’s About Market Adoption

We’ve discussed the difference between “invention” (doing something new) and “innovation” (finding a new successful market) before, and it’s resulted in some long and occasionally contentious discussions. Fred Wilson put up a post recently where he looked at a series of product “success” stories, and tried to figure out what was the key to success. In each one, he noted that the product enabled people to do stuff in a different way — but one of the key findings, was that they all had something else in common: being drop dead simple, leading to much greater adoption

Judge tosses Nintendo Wii patent suit

Since the launch of the Wii, Nintendo has been the subject of no fewer than 15 patent-related lawsuits. While many of those suits are still winding their way through the courts, Nintendo on Thursday issued a statement touting victory over Guardian Media Technologies in one of the more recent patent suits.

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.

3 Comments

  1. Jose_X said,

    June 17, 2009 at 4:54 pm

    Gravatar

    >> Since the launch of the Wii, Nintendo has been the subject of no fewer than 15 patent-related lawsuits.

    Patents can be very anticompetitive (through the use of proxies) if they get into the wrong hands. The lottery winner prefers a symbiotic relationship where the target company lives to prosper and they get a cut all the way. But, for a quick sure payoff, they may instead sell out to a proxy working on behalf of larger competitor(s), who then might try for an injunction or for very high royalties (or for some other high price.. or to bribe management to sell out…) since the entity(-ies) behind the proxy benefits more in various ways that reduce competition and can very unfairly punish the target (and consumers).

    All of this is enabled by patent laws that give too much market distorting power to too few.

    Roy Schestowitz Reply:

    Is there any proven incident where Microsoft funded or encouraged a company to harass another using patents (not just so-called ‘IP’ like the SCO case)?

  2. twitter said,

    June 17, 2009 at 10:48 pm

    Gravatar

    The propaganda term “Intellectual Property” should be avoided and explained properly when quoted. Trade Mark, Patents and Copyright are all distinct, government created rights which serve very different purposes. The only thing they have in common are that they are government granted monopolies. The term, “IP” invites confusion of concepts and a degeneration of law. When you confuse the motives of Copyright Law with those of Patent Law, for example, you end up with abominations like business method patents. “IP” is a lie that should always be denied. When you talk about each form of government monopoly in clear terms, the truth becomes obvious.

DecorWhat Else is New


  1. Links 20/05/2022: Thunderbird Revenue Rising

    Links for the day



  2. Outsourcing Sites to Social Control Media is an Outdated Mindset in 2022

    Centralised or federated censorship/filtering platforms (also known as "social [control] media" [sic]) aren't the way forward; we're therefore a little surprised that Linux Weekly News (LWN) bothers with that languishing bandwagon all of a sudden



  3. Links 20/05/2022: Plasma's Latest Beta in Kubuntu 22.04, Kapow 1.6.0 Released

    Links for the day



  4. Turkey's Migration to Pardus Linux and LibreOffice Explained 2 Months Ago in LibrePlanet

    This talk by Hüseyin GÜÇ was uploaded under the title “Real world GNU/Linux story from Istanbul”



  5. In Turkey, Windows Market Share is Down to Almost Nothing, 'Linux' is About Two Thirds of the Connected Devices

    Watch this graph of Windows going down from around 99.5% to just 11.55% this month



  6. The Lies and Delusions of António Campinos

    Monopolies and American corporations (and their lawyers) are a priority for today's EPO, Europe's second-largest institution



  7. Links 20/05/2022: Fedora BIOS Boot SIG

    Links for the day



  8. Links 20/05/2022: Oracle Linux 8.6 and VMware Security Crisis

    Links for the day



  9. IRC Proceedings: Thursday, May 19, 2022

    IRC logs for Thursday, May 19, 2022



  10. Links 19/05/2022: Rust 1.61.0 and Lots of Security FUD

    Links for the day



  11. EPO Eating Its Own (and Robbing Its Own)

    António Campinos is lying to his staff and losing his temper when challenged about it; Like Benoît Battistelli, who ‘fixed’ this job for his banker buddy (despite a clear lack of qualifications and relevant experience), he’s just robbing the EPO’s staff (even pensioners!) and scrubbing the EPC for ill-gotten money, which is in turn illegally funneled into financialization schemes



  12. [Meme] EPO Budget Tanking?

    While the EPO‘s António Campinos incites people (and politicians) to break the law he’s also attacking, robbing, and lying to his own staff; thankfully, his staff isn’t gullible enough and some MEPs are sympathetic; soon to follow is a video and publication about the EPO’s systematic plunder (ETA midnight GMT)



  13. EPO.org (Official EPO Site) Continues to Promote Illegal Agenda and Exploit Ukraine for PR Stunts That Help Unaccountable Crooks

    epo.org has been turned into a non-stop propaganda machine of Benoît Battistelli and António Campinos because the EPO routinely breaks the law; it’s rather tasteless that while Ukrainians are dying the EPO’s mob exploits Ukraine for PR purposes



  14. [Meme] EPO Applicants Unwittingly Fund the War on Ukraine

    As we’ve just shown, António Campinos is desperately trying to hide a massive EPO scandal



  15. EPO Virtue-Signalling on the Ukrainian Front

    António Campinos persists in attention-shifting dross and photo ops; none of that can change the verifiable facts about the EPO’s connections to Lukashenko’s 'science park' in Minsk



  16. Links 19/05/2022: PostgreSQL 15 Beta 1 and Plasma 5.25 Beta

    Links for the day



  17. A Libera.Chat Anniversary and Happy Birthday (Maybe the Last) to 'Leenode'

    What became known as the so-called ‘Leenode’ is a cautionary tale, but maybe it is also a blessing in disguise because IRC as a whole seem to have become a lot more decentralised (as everything should be)



  18. Links 19/05/2022: The Gradual Fall of Netflix/DRM

    Links for the day



  19. IRC Proceedings: Wednesday, May 18, 2022

    IRC logs for Wednesday, May 18, 2022



  20. Links 18/05/2022: Qt Company Loses Chief; OpenSUSE Leap Micro 5.2 and RHEL 9 Final

    Links for the day



  21. Jim Zemlin's Wife is Funded by Puppies (Microsoft)

    Jim Zemlin — like his wife — is bagging millions from Microsoft, but that’s clearly a conflict of interest for the Linux Foundation



  22. Links 18/05/2022: More Defections From WordPress to Gemini

    Links for the day



  23. Links 18/05/2022: PikaScript and cURL's Annual User Survey

    Links for the day



  24. IRC Proceedings: Tuesday, May 17, 2022

    IRC logs for Tuesday, May 17, 2022



  25. Phoronix: Microsoft and Phoronix Sponsor (and Close Microsoft Partner) AMD All Over the Place

    When you’re taking massive 'gifts' from AMD (and also some from Microsoft) maybe it’s not surprising that editorial decisions change somewhat…



  26. EPO Has No F-ing Oversight

    Earlier today SUEPO mentioned this new article demonstrating that EPO President António Campinos can very obviously and blatantly violate the Code of Conduct of the Office without facing any consequences; there are translations too, so the report is now available in four languages



  27. [Meme] Linux-Rejecting Foundation

    The Linux Foundation never really leads by example; by default, it uses proprietary software



  28. Linux Foundation Almost Never Uses Open Source

    The Linux Foundation uses proprietary software (look where they hire and take money from) and be sure they're probably not even aware of it



  29. Links 17/05/2022: Many More Games on GNU/Linux, YaST Development Report

    Links for the day



  30. Links 17/05/2022: Rocky Linux 8.6 and Budgie Desktop in Fedora

    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