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

03.07.10

Broken Laws

Posted in Apple, GNU/Linux, Intellectual Monopoly, Microsoft, Patents at 8:03 am by Dr. Roy Schestowitz

Lincoln monument

Summary: ACTA, patents, and tax law challenged

TECHNICALLY, GNU and Linux make a fantastic platform that is Free (libre), stable, versatile, affordable, yet rather prestigious. The main rivals of GNU/Linux include Apple and Microsoft, both of which are already fighting GNU/Linux using software patents. Sadly for them, software patents are still invalid in the vast majority of the world, so they need to change the law. Here at Boycott Novell we strive to keep track of these issues which we consider to be most vital to the future freedoms of software. We also need to preserve developers’ right to develop programs without dreading a lawsuit over the use of some idea or algorithm. It’s not Free software which cripples the software industry; it’s ludicrous secret code and software patents that do this.

ACTA

Yesterday we showed that the ACTA conspiracy is trying to launder patent law around the world and the USPTO is likely to remain broken because the fox watches over this hen house. Here is an interesting USENET post from yesterday:

Subject: ACTA is one big con-artist scheme
From: Anonymous
Date: Saturday 06 Mar 2010 09:53:35
Groups: comp.os.linux.advocacy

I’m starting to understand why the U.S. is trying to con other nations  into ACTA:

First Step: Implement a patent system which allows the patenting of  obvious and trivial ‘inventions’, including software patents, business processes etc.

Second Step: Prod your citizens and corporations to patent virtually everything, even the most straightforward and trivial algorithms, patent things which were invented previously and allow the eternal extension of the patent’s duration by so-called Patent Extensions where trivial improvements are made to a patent, but will make it impossible for anyone to take use the invention in the expired patent because there’s hardly any difference between it and the Extended Patent.

Third Step: Force other nations through secret negotiations to accept you ‘Everything’s Patentable’ patent system (i.e. ACTA).

Fourth Step: Since U.S. companies and individuals have patented everything under the Sun, start litigation in countries which were stupid enough to adopt the U.S’s patent system and start raking in money without ever having to lift a finger. Start threatening with trade sanctions against countries that did not adapt the Trivial Patenting scheme, accusing them of ‘Intellecual Property Infringement.’

Let’s recall what Vice President Biden did a few months back (we have the video). The EFF is formally complaining about this abuse of power right now:

The Obama Administration has been slowly ramping up its attention to intellectual property issues. Over the past few months, we’ve seen an IP “summit” at the White House. We’ve seen the successful nomination of a new cabinet-level “IP Czar” position. We’ve seen the announcement of a new DOJ task force for IP issues. What does it all portend?

[...]

The first bad omen came last December, when Vice President Biden invited the RIAA, MPAA and other representatives of the mainstream entertainment industry to a closed-door “Piracy Summit” at the White House. Although Biden’s office sold the summit as “bringing together all the stakeholders” in the piracy debate, it failed to invite a single representative of the public interest or the technology industry.

One outcome previewed at the summit was the formation of a new Department Of Justice “Intellectual Property Task Force”, which was formally announced in February. Unfortunately, the Department of Justice already has a history of coming down disproportionately hard on victims of the copyright conflict. And while the task force’s announcement stressed that IP crime “threatens not only our public safety but also our economic wellbeing,” it didn’t even pay lip-service to the harms to privacy, free speech, and innovation in the industry’s long war on piracy.

Intellectual monopolies are for monopolies; they have almost nothing to do with advancement.

Patents

OSS Watch writes about “threats to copyleft” in a guest post which says:

Combining freedoms and copyleft in the Gnu GPL license (invented by Richard Stallman) was the cornerstone of free software. This is now questioned due to the proliferation of incompatible copyleft licenses.

After counting 1,800 free software licenses used in hundreds of thousands of projects, the Black Duck company patented (Patent US 7,552,093 B2) the technology for controlling the use of open source licensing in a multi-source development process (meaning combined works, elaborated from multiple free components under different licenses).

No need to say that patenting proprietary technology to solve copyleft licenses incompatibility may not be seen by everyone as a major achievement!

This kind of incompatibility is exactly what the monopolies want. They want more patents, which help discriminate against the ‘small’ people. Here are some new reports that are mistaking patents for “inventions” [1, 2]. It’s about some person called NakaMats, who might just be a bit like Edison — that is, someone who took other people's ideas and filed them in the patent office (claiming credit for small variants of existing ideas). That’s not invention, it’s organisation.

Patents help lawyers, as lawsuits clearly suggest. Bad players like Rambus (which ambushed the market [1, 2, 3, 4, 5, 6, 7, 8, 9]) get to mess around with competition, using patents. From Reuters we learn that:

Memory chip designer Rambus Inc (RMBS.O) said the U.S. Patent and Trademark Office had affirmed two of three patents at the center of a legal dispute over whether graphics chip maker Nvidia Corp (NVDA.O) infringed on Rambus technology.

Patent Reform

Can one hope for amendments after a co-called ‘reform’ we’ve been hearing about for years. According to TechDirt, the patent reform bill is “more of the same”.

It still tries to switch the US to a “first to file” system, rather than “first to invent” — which just encourages more patents being filed faster, rather than better patents being filed. It has the same (controversial) damages setup as last year, which would be useful in limiting damages from infringement, but which many special interests hate.

Here is some detailed information about the changes.

Supplemental Examinations: Permits a patent holder to provide additional, potentially material prior art regarding the patent to the PTO. If the PTO considers the information and determines it has no effect on patentability, that additional information cannot serve as the basis for an inequitable conduct claim later in court. The information must be presented to the PTO and any reexamination must be completed prior to litigation.

It was unreasonable to expect the USPTO to become reasonable. It is run by lawyers, to whom more patents mean more business and personal income. The fox controls the hen house again.

Tax Evasion

Speaking of income, tax laws are broken because Microsoft is able to evade taxation, leaving it for others to pay the national bills. One of Microsoft’s former employees keeps complaining about this [1, 2, 3, 4, 5, 6, 7, 8, 9] and in his latest updates on this issue [1, 2, 3] he also includes hilarity from Rep. Larry Seaquist:

Does the Department of Revenue think Microsoft is following the law? Well, we’ve recently received a more detailed response from the department about this issue and will post more shortly. All I’ll say for now is that HB3176 labels this kind of out of state tax dodge an “abusive tax practice”.

As for Rep. Seaquist, when I wrote him to be sure he understood the problems with the bill (and to ask him for a public statement for the blog), he replied, “Gents, please direct your continuing concerns to Rep. Hunter. Very best wishes, Larry”

But Rep. Hunter is a former Microsoft manager. Smell the corruption that Microsoft presence in the United States government has brought about. The fox dominates the hen house again.

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

What Else is New


  1. Media and Staff Association Elections at EPO and WIPO Are Compromised

    A campaign of abuse (legal bullying) and gifting to the media, combined with a wide-ranging assault on critics who represent the interests of staff, have led WIPO and EPO down the route to totality



  2. New Documents Help Demonstrate That ILO Delivers Institutional Injustice to EPO Employees and Cushions Team Battistelli

    The International Labour Organisation Administrative Tribunal (ILOAT) delivers not justice but merely the illusion of justice, probably in defiance of Article 6 of the European Convention on Human Rights (ECHR)



  3. Leaked: 2017 European Inventor Award Finalists, or Stooges Whom the Tyrant Battistelli Exploits for PR Purposes and Media Manipulation

    The stupidest ceremony in Europe (turning serious science into something sketchy such as Eurovision) is disliked among EPO staff and is exploited by the person who destroys the EPO (Benoît Battistelli) to pretend all is fine and dandy, at huge expense to the Office (as extraordinary as about 5 million Euros for a ~2-hour show)



  4. EPO: Can the Staff Union of the European Patent Office (SUEPO) Still Save It?

    Genuine concerns about the slow process at the European Court of Human Rights (ECHR) and the lack of progress at ILO, which coincide with weakening of the unions and threat to jobs of patent examiners (leaving ordinary Europeans more vulnerable to meritless patent lawsuits)



  5. Links 21/5/2017: Linux 3.18.53, Tizen 4.0

    Links for the day



  6. Cloudflare's Enemy is Software Patents, Not Just One Software Patent or One Patent Troll

    With a bounty of $50,000, which is likely less than the cost of legal defense, Cloudflare looks for help with its own case rather than the underlying issues that need tackling worldwide



  7. Patent Laws -- and Especially Eligibility of Software Patents -- Are Being Hijacked by Large Corporations and Their Front Groups

    Intervention by large multinational corporations and their lawyers, front groups, etc. (like the classic lobbying model) gives room for concern in multiple continents where most software development is done



  8. Links 18/5/2017: Catching Up With the Past Three Days

    Links for the day



  9. The US Supreme Court Consults USPTO Director Michelle Lee Regarding the Patent Trial and Appeal Board (PTAB) Which is Invalidating Software Patents With CAFC's Approval

    Software patents continue to get knocked out by the Leahy-Smith America Invents Act (AIA) whose introduction of PTAB gave a helping hand to companies that are susceptible to abusive litigation (with bogus patents)



  10. IBM and Its Revolving Doors Lobby Are Plotting to Undermine Supreme Court Rulings to Restore Patentability of Software

    IBM has become so evil that it is now trying to steal democracy, label programmers "thieves", and basically attack the rule of law by extra-judicially overturning a Supreme Court decision



  11. 3 Years After the Alice Case at the Supreme Court the Plague of Software Patents is Easier to Cope With

    Litigation figures are down, rejection rates of software patents remain high, and only spin (e.g. cherry-picking) or constant lobbying can save those who used to profit from software patents



  12. The Attacks of Patent Trolls as Outlined in the Media This Past Week

    An outline of some of the latest troll cases to be aware of and their consequences too (e.g. software patents being used to literally shut down entire programs)



  13. Links 14/5/2017: Linux 4.12 RC1 and KDE Frameworks 5.34.0

    Links for the day



  14. Industry Giants Challenge Qualcomm's Patent Practices While the Federal Trade Commission (FTC) Closely Examines Such Behavior

    Scrutiny of Qualcomm's patent aggression and coercion -- scrutiny that can profoundly change the way software patents, SEPs and FRAND are viewed -- as seen in various amicus briefs (amici) from industry giants that are affected



  15. Professor Lisa Larrimore Ouellette Questions Whether Patents Work When Patent Scope is Too Broad

    Citing MIT economist (and MacArthur “genius”) Heidi Williams, Professor Lisa Larrimore Ouellette from Stanford challenges old myths and quotes: “we still have essentially no credible empirical evidence on the seemingly simple question of whether stronger patent rights—either longer patent terms or broader patent rights—encourage research investments.”



  16. OIN is Still a Distraction Unless We Want GNU/Linux to Coexist With Software Patents (Rather Than Eliminate Those)

    Another wave of media coverage by/for the Open Invention Network (OIN) necessitates a reminder of what OIN stands for and why it is not tackling the biggest problems which Free/Open Source software (FOSS) faces



  17. Links 13/5/2017: Neptune Plasma 5 ISO, a Shift to Free (FOSS) Databases

    Links for the day



  18. Countries With a Dozen European Patents Are an Easy Photo-Op 'Sell' for Battistelli While the EPO's Demise is Largely Ignored by the Patent Microcosm

    Behind the façade of legitimacy, the EPO suffers from an incompetent, insecure and delusional boss, whose actions will almost certainly lead to the collapse of both the Office and the entire Organisation (whose founding document he routinely shreds to pieces)



  19. Our Assessment: Unitary Patent (UPC) Will Crumble Along With Battistelli's Regime at the EPO

    A reflection and an opinion on where the EPO stands and what it means for the UPC, which doesn't seem to be going anywhere (it's all talk and lobbying)



  20. The European Patent Office Has a Long History/Track Record of 'Screwing' Contractors

    The European Patent Office (EPO) appears to have quite an extensive track record/reputation for ‘screwing’ contractors and then misusing immunity to get away with it



  21. Links 12/5/2017: Wine 2.8, Kdenlive 17.04.1, NHS Windows Syndrome

    Links for the day



  22. Links 11/5/2017: New OpenShot, GIMP, and GNOME (3.24.2)

    Links for the day



  23. The Sickness of the EPO – Part IX: Using Confidential Medical Records as a Weapon Against Staff

    In defiance/violation of labour laws and medical oaths etc. the EPO is passing around medical information, either for dismissal pretexts or a sort of blackmail -- a serious abuse in its own right



  24. The EPO is in Disarray and Additional Complaints to the European Court of Human Rights (ECHR) May Be Imminent

    Team Battistelli reaps what it has sown, as complaints are being made to a court with “47 member states [that] are contracting parties to the Convention,” (European Convention on Human Rights) according to Wikipedia



  25. By Promoting the UPC, in Defiance of Public Will, the EPO Has Become Patent Trolls' Best Friend

    The patent–industrial complex, aided by the EPO under Battistelli's iron-fisted reign, is trying to convince us that the UPC is coming soon and that it is desirable (it's neither of those things)



  26. Links 10/5/2017: Mesa 17.1, Git 2.13, Qt Creator 4.3 RC1, MINIX 3.4 RC6

    Links for the day



  27. Team UPC Still Twists and Fabricates Statements to Make It Seem Like Unitary Patent is Happening Soon

    The Unified Patent Court (UPC), a terrible system which was envisioned and covertly constructed by those who stand to benefit/profit from injunctions and trolling, is not going anywhere, but media which is dominated by Team UPC would have us believe otherwise



  28. English-Speaking Media Catches Up With Latest Twists in EPO Fiasco, Including Appeal to the European Court of Human Rights

    Actions about or against EPO management have accelerated ahead of next month’s Administrative Council meeting, whose head is leaving after alleged orders/commands from his government (half a year after we exposed his conflict of interest/s)



  29. Another Victim of Battistelli's Monarchy: Dutch Contractors

    How TBI Holding, the company that ‘won’ the tender (as notorious as these can be), is actually a victim of EPO underpaying for the work, having also spent some of the budget on Battistelli's new penthouse



  30. 'European Media Intervention Award' (EIA), EPO Censorship, Self-Censorship, and Paid 'Media Partners'

    How the multi-million Eurovision-esque lobbying event of Battistelli corrupts European media and when it does not legitimise frauds it contributes to an atmosphere of distrust in media


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