09.29.09

Patents Roundup: Patents Harm Innovation (Again), Government Intervenes in Bilski Case and Still Hides ACTA

Posted in Intellectual Monopoly, Patents at 10:13 am by Dr. Roy Schestowitz

Bright idea with clipping path

Summary: Patents are found to be harmful to rapid development and the role of the United States government may help change this, despite lack of transparency and corporate bias

THE CORRELATION between innovation and patents is a subject we explore regularly and one that in the past year we’ve covered in, e.g.:

Here is another new article/analysis which concludes with:

Its true that if you put your labor into an idea then you should be allowed to consume the fruits of it, but the only reason why you put that much labor into that idea(or innovation or discovery) is because you were excluded from using someone else’s labor. Intellectual Property is a classic solution created by the problem itself, just like everything else in the world done by the government.

Mike Masnick adds:

What Kind Of Innovation Do Patents Encourage?

[...]

Petra Moser’s research comparing innovation in countries with patents to those without patents has shown that countries without patents tend to be just as innovative, but that the innovation takes different forms. Thus, patents tend to divert from the natural market of innovation to areas that are more easily “protectable.”

Of particular interest to us is the patentability of software, which according to Groklaw may finally be facing resistance from the United States government.

The Government Files its Bilski Brief: Argues For ‘Particular Machine or Transformation of Matter’ Test

[...]

What about software, then? I read the brief as sending a mixed message, or more accurately an unfinished one, and indeed the brief states that Bilski isn’t the right case to decide that issue anyway, since it’s about a method of hedging commodities trading without any computer connection.

I’m afraid I can’t make much sense out of what it says about software.

Obama’s administration has thus far been rather favourable towards intellectual monopolies. It even hides the ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13], so Masnick has this to say about the issue:

USTR: We Can’t Be Open About ACTA Because We Promised We Wouldn’t Be (*Lobbyists Not Included)

[...]

The USTR’s answer is really a convenient non-answer. It basically says that it can’t reveal the details because everybody promised not to do so. Of course, that doesn’t explain why so many lobbyists have such detailed access to the info, and why other countries have revealed the details of the negotiations.

Here is a list of some of the companies that receive access to the otherwise-super-secretive ACTA negotiation process.

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

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. End-to-End Encryption and Facebook Cannot Coexist

    Projects that promise us privacy but take money (and sometimes staff) from Facebook and Google are sending or beaming the wrong signal



  2. Twitter is Hiding Techrights and Partly Shadowbans Yours Truly

    Based on many systematic (and reproducible) tests, Twitter has taken up yet another notch its covert censorship regime, which optimises — based on some vague criteria — what people can see and cannot see



  3. IRC Proceedings: Wednesday, January 27, 2021

    IRC logs for Wednesday, January 27, 2021



  4. Links 28/1/2021: Stable Kernels and Sudo Bugfixes

    Links for the day



  5. Showing Solidarity With FSFE Survivors

    What does justice look like?



  6. IBM is Throwing Away Red Hat's 'de Facto Standard' Status in Servers, Wrongly Assuming People Can't (or Won't) Go Elsewhere

    This new video is over half an hour long and it’s a discussion of IBM’s self-harming (shot-in-the-foot) move, which it already seems to regret



  7. Why 6 Screens and 6 Virtual Desktops

    An explanation of how I use computers and how I distribute tasks (across screens and across virtual desktops)



  8. Red Hat Developer Network Promoting Microsoft's Proprietary Software, Sometimes by Mass-Mailing People

    Red Hat is doing a disservice to people who subscribe to E-mail newsletters; those people are almost never into Microsoft's proprietary software, which they want to get away from



  9. IRC Proceedings: Tuesday, January 26, 2021

    IRC logs for Tuesday, January 26, 2021



  10. Links 26/1/2021: Mozilla Firefox 85.0, Tails 4.15, Zentyal Server 7.0, GNOME 40 Alpha

    Links for the day



  11. Instead of Making Access to COVID-19 Solutions Easier Bill Gates Has Made It Harder (Patent Profits)

    Counterproductively — and at a great cost to human civilisation — Bill Gates has once again put profits and monopoly ahead of global goals such as collective health



  12. We Need More Documents Leaked to Know Intel (From the) Inside

    We invite more leaks from the belly of the beast "chipzilla", seeing that it is becoming a drone of Microsoft again, yearning for the "Wintel" days instead of moving on to a world dominated by GNU/Linux and Free/libre software



  13. Why GNU/Linux Users (and the Public at Large) Should Support Leaking/Whistleblowing Sites (Including Wikileaks)

    To demonstrate the value of "scientific journalism" (a term apparently coined by Wikileaks) we take a look at Red Hat's response to embarrassing leaks (demonstrating what a scam their certification and examination programmes really are)



  14. EPO President António Campinos is Still Not Listening, According to Internal EPO Documents

    Increasingly arrogant and unaccountable management of Europe's second-largest institution (EPO) has left staff disillusioned but still defiant; there's clearly unsuitable or unfit-for-purpose management at the EPO, self-selecting based on nepotism/loyalty so as to cover up abuses



  15. Why You Should Give Falkon (the Web Browser) a Chance on GNU/Linux, BSD, or Windows

    In this crazy new world where advertisers are the real customers and Web users ("audiences") have been reduced to mere products we need a browser that isn't controlled by a company; try Falkon



  16. Kluwer Patent Spin and Distortion of Facts (Regarding UPC and More)

    Kluwer Patent Blog disgraces the firm that puts its name on it; instead of sticking to facts they're distorting the facts and the sole/principal goal is to manipulate/mislead the public and public servants



  17. Links 26/1/2021: 4MLinux 35.1, GParted 1.2, Gnuastro 0.14

    Links for the day



  18. IRC Proceedings: Monday, January 25, 2021

    IRC logs for Monday, January 25, 2021



  19. It's Wrong to Assume Red Hat Competes With Microsoft

    The community ought to stop pretending that one monopoly seeks to replace another despite close partnerships (some would say "collusion") between the two



  20. EPO Staff Representation Complains That EPO Management Exploits Pandemic and 'House Arrests' to Overwork Staff, Lower Quality

    The EPO keeps breaking its promises to workers; not only are key employees seeing their net salary cut (inflation factored in) but pensioners too are being robbed and in the meantime the total time spent on work is increasing



  21. Fake News is Not a 'Wing' Thing

    The two-party corporate-led system (and media) would have us obsess/bicker about accuracy of news based on some binary/dual system of blind loyalty rather than underlying facts and priorities



  22. Links 25/1/2021: Huawei on GNU/Linux, NuTyX 20.12.1, Whisker Menu 2.5.3, Lutris 0.5.8.3, Linux 5.11 RC5

    Links for the day



  23. Fear, Uncertainty, and Doubt (FUD) in ZDNet is the Norm

    ZDNet continues to emit lots of garbage 'journalism', in effect Microsoft PR and what's known as "black PR" for Linux; just like Bleeping Computer, which ZDNet hired this writer from, there's no adherence to facts, just smears and innuendo



  24. Truth Tellers Aren't an Enemy of Free Software

    There's a perpetual attack on people who speak out against actors and corporations in positions of great power, however subtle and indirect those attacks may seem on the surface (they don't wish to be held accountable for defaming activists)



  25. The Linux Foundation, With Over 124 Million Dollars in Annual Revenue, is in Trouble Because of the Pandemic, So It's Trying to Reinvent Itself as Training and Certifications Outfit

    With mountains of cash and a Public Relations (PR) or marketing business model the so-called 'Linux' Foundation became reliant on travel, lodging, booths and speeches on sale; COVID-19 is a great risk to that business model



  26. IRC Proceedings: Sunday, January 24, 2021

    IRC logs for Sunday, January 24, 2021



  27. Our Move Further Away From the World Wide Web, the Browser Monopolies, HTTP, and HTML

    The World Wide Web (WWW) is going down a bad path and a clearly regressive direction; the solution isn't going 'retro' but exploring more sophisticated systems which are robust to censorship (localised or globalised) and downtime (related to censorship) while reducing surveillance by leveraging encryption at the endpoints



  28. Important Issues Not Entertained in the Community, Especially Critics of the Status Quo

    here's corporate infiltration inside communities (for oligarchy hunts volunteer, unpaid labour) and those who speak about that as a threat to our cause and objectives are painted as misguided outcasts who must be ignored



  29. Internet Origins of the Mob

    Reprinted with permission from Daniel Pocock



  30. When Proprietary Software Users Dictate the Freedom-Leaning Communities

    Fedora doesn't care about software freedom and its steward (or parent company) is sometimes imposing proprietary software on staff; they've quit caring


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