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. Short Report From Today's EPO Protest in Munich

    A few noteworthy points about the staff protest which coincided with the Administrative Council's meeting earlier today in Munich



  2. Growing Consensus Even Among Patent Professionals That UPC is Dying Everywhere If Not Just in the UK

    The UPC continues to sink as more and more people come to grips with the complexity of the current situation, irrespective of what countries other than the UK do next



  3. Battistelli Attacks Not Only His Staff But Also Patents Themselves (Their Quality) and the Legal Legitimacy Surrounding the EPO

    Battistelli's EPO is having not only reputation problems but also staff retention problems, patent quality problems and problems pertaining to perception of fair trials or justice regarding patents



  4. Battistelli is Creating an Atmosphere of Terror at the EPO While Exploiting Terror Attacks to Garner Sympathy

    "As if Laurent were a terrorist, the Office has imposed a house arrest and has forbidden him to enter the EPO premises," according to SUEPO, writing about one of its members at The Hague who is "maliciously accused via a fabricated procedure"



  5. Rumours That EPO President Battistelli Got Sacked to be Replaced by Christoph Ernst Appear to be Baseless

    Dr. Christoph Ernst is claimed to be the successor (interim or permanent) of the notorious Battistelli, but these claims have little or no evidence to support them



  6. Links 29/6/2016: SteamOS 2.83 Beta, Alpine Linux 3.4.1

    Links for the day



  7. The EPO Has Become Battistelli's Circus and the Administrative Council Has Been Reduced to (Illegal) Circus Animals Controlled With 'Treats'

    Battistelli's attack on justice and on the rule of law is debated among insiders who have grown increasingly impatient with the Administrative Council's tolerance of Battistelli and sometimes even Kongstad's amazing complicity



  8. The Latest Lies About the Unitary Patent (UPC) Would Have Us Believe That It's Alive and Well

    How patents-centric sites (some of which are in bed with the EPO) have responded to the 'Brexit' vote and why they're not telling us the truth about the Unitary Patent scam (often created and promoted by the same people who run and/or fund such sites)



  9. EPO Management Bunker: “The Bailiff Who Came to Deliver the Subpoena was Escorted off the Property by Five Security Guards.”

    Battistelli has essentially turned the European Patent Office (EPO) into a barracks, where he continues to enjoy immunity from the rule of law and discourages those who wish to challenge this immunity



  10. Keeping the Guard and Securing Society From Software Patents

    The policies over which Indians and Europeans have kept guard are being 'stolen' by vested interests



  11. Benoît Battistelli Further Weaponises His EPO 'Stasi' With CA/52/16

    A glimpse at what Benoît Battistelli will shortly attempt to do to the EPO, in order to cement his power in the face of growing opposition from many directions



  12. EPO Caricature: Administrative Council Control of Benoît Battistelli

    Another new caricature regarding the President of the European Patent Office (EPO) and lack of effective oversight from the Administrative Council (European Patent Organisation)



  13. EPO Caricature: Firing Benoît Battistelli

    The latest caricature regarding the President of the European Patent Office (EPO)



  14. Links 28/6/2016: Red Hat Summit 2016, Hadoop Events

    Links for the day



  15. Today's Media Coverage Says Microsoft Loves Linux, But Today Microsoft Extorted Linux Using Software Patents Again

    Luna Mobile has just been extorted by Microsoft (using dubious software patents, as usual) for using Android/Linux, but Microsoft-influenced media carries on spreading the lie that "Microsoft loves Linux"



  16. New Efforts to Work Around Barriers to UPC in Light of 'Brexit'; Behind These Efforts Are Self-Serving Patent Profiteers

    look at who's trying to work around the latest barriers to the widely-unwanted (by the public) Unitary Patent regime and what is being planned behind the scenes, or behind closed doors (by and for those who stand to profit from the Unitary Patent regime)



  17. Injunction Against Battistelli's Investigative Unit (Known Internally as 'Gestapo') Amid Serious Injustices and Bogus 'Trials'

    SUEPO, the EPO's staff union, steps up its spiel in a case against the "European Patent Organization" as defendant and "SUEPO/VEOB" (Trade Union of the European Patent Office) as claimants



  18. [ES] Con la UPC Muerta por el Resto del Termino de Battistelli, No Hay Razón para que la EPO o el Consejo Administrativo Sigan Manteniéndolo Más

    Pensamientos acerca de lo que pasará al líderazgo de la EPO después de ‘Brexit’ (salida Británica de la EU), lo que sevéramente socava el proyecto más grande de Battistelli el que usaba habituálmente para justificar sus increíbles abusos



  19. [ES] El Caradura Benoît Battistelli Debería Renunciar a Luz de la Filtrada Nueva Decisión en Su Vendeta en Contra de un Juez que se Atrevió a Decir la Verdad (Actualizado)

    Benoît Battistelli continúa quebrando las propias reglas de la EPO, no sólo las leyes naciónales, como una nueva decisión ayuda a revelar



  20. [ES] Cada Vez Más Parece Que Battistelli está Escondiéndo ‘Evidencia’ Falsa y/o Ilegalmente Obtenda de la Unidad Investigativa de la EPO

    El porqué creemos que Benoît Battistelli está cada vez mas desesperado de esconder operaciónes ilícitas de reunir ´evidencia´ lo que eventuálment lo puso a él mismo — no al acusado — en una situación catastrófica situacion que lo puede forzar (esperamos) a us renuncia



  21. Links 28/6/2016: Vista 10 Updategate, OpenMandriva 3.0 Beta 2

    Links for the day



  22. Links 27/6/2016: Linux 4.7 RC 5, OpenMandriva Lx 3.0 Beta 2

    Links for the day



  23. From Alleged Organised Crime to Vice-President of the European Patent Office (EPO)

    Željko Topić's situation in Croatia illuminated by means of recent documents from the authorities



  24. Battistelli May Still be on the Way Out as Pressure Grows in Germany, UPC in Shambles

    Pressure on Battistelli is growing even from within circles that are traditionally protective of him and a long letter is sent to Dr. Christoph Ernst, who some believe will replace Battistelli



  25. Caricature: European Patent Office (EPO) Under Battistelli

    The latest caricature about the state of the European Patent Office (EPO)



  26. Techrights (Almost) at 10: From Software Patents to Novell and to Present Focus on EPO

    A short story about how and why we ended up writing so much about the European Patent Office (EPO) and the impact beyond Europe



  27. Patents Roundup: Bad Quality (USPTO), Bad Analysis (India), Bad Microsoft, Bad Actors (Trolls), Bad Scope (Software Patents), and the Ugly

    A mishmash of news about patents, mostly regarding the United States, and what can be deduced at the moment



  28. Links 26/6/2016: IceCat 38.8.0, Wine 1.9.13

    Links for the day



  29. With UPC Dead for Battistelli's Entire Remaining Term, No Reason for the EPO or the Administrative Council to Keep Battistelli Around

    Thoughts about what happens to the EPO's leadership after 'Brexit' (British exit from the EU), which severely undermines Battistelli's biggest project that he habitually used to justify his incredible abuses



  30. Links 24/6/2016: Xen Project 4.7, Cinnamon 3.0.6

    Links for the day


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