03.16.10

Gemini version available ♊︎

ACTA Booster Luc Pierre Devigne Redefines Open Standards (With Software Patents Included)

Posted in America, Europe, Intellectual Monopoly, Law, Patents, RAND, Standard at 6:43 pm by Dr. Roy Schestowitz

Luc Pierre Devigne

Summary: The European Commission turns its back on open standards that anyone can accept; ACTA and the Digital Economy Bill show a legal land grab by corporations

WE live in interesting times when constitutions are being blatantly violated and overridden. Lobbyists play a role on behalf of companies whose embrace of our laws that defend us is proving rather deadly. This post is not about the imbalanced patent system that mostly protects monopolies; this time it’s about open standards being polluted with software patents, even in Europe. A Red Hat employee presents some details (it is his personal interpretation, not Red Hat’s stance):

For years and years I am using and promoting the term Open Standards. And it has always been very clear what an Open Standard is and, more important, what it is not.

You can go through various defintions of Open Standards:

* Free Software Foundation Europe
* European Interoperability Framework (v1)
* Digistan
* Danish Parliament
* Bruce Perens

And no matter what differences you find in those definitions, they all agree on some crucial points, the most important being the freedom to use and implement the standard without having to ask for permission or having to pay license fees for the use of an Open Standard.

[...]

If you agree this far, pay special attention to this:

Currently, the Chinese companies using technologies detained by European companies are not allowed to enter into negotiations on the amount of royalties due to the latter, when they use their essential patents in the framework of open standards. The situation is highly detrimental to European companies and their complaint has been reflected in the European Chamber of Commerce in China (EUCCC) – IPR Working Group’s Position Paper 2005. The Commission therefore urged the Chinese government to take action in order to ensure that those royalties are duly paid by Chinese companies.

Hartmut Pilch from FFII pointed my attention to this and added some valuable comments here.

Bottom line is – DG Trade, represented by Mr. Luc Pierre Devigne, seems to use the term Open Standards in a way that is simply not compatible with the accepted definition of Open Standards. Royalty payments on Open Standards can simply not exist in my view.

So…

Who have we here? It’s a buddy of ACTA lover Pedro Velasco-Martins. Luc Devigne and other ACTA boosters can be found in conjunction in an old report which we mentioned in this post. At least we manage to identify people who are fundamentally against the people whom they represent and instead promote the agenda of large corporations with intellectual monopolies.

As a reminder, Europe overwhelmingly rejects ACTA, whereas the US loves it [1] and here in the UK we have the complementary Digital Economy Bill trying to sneak its way into law [2, 3, 4, 5]. Our constitutions are being stomped on.
_____
[1] Europe trashes ACTA as Obama praises it

Earlier this week, we noted that the major parties in the European Parliament had all agreed on a resolution trashing the Anti-Counterfeiting Trade Agreement (ACTA) and the secret process that has been hashing it out. That resolution has passed Parliament by a huge margin—633 yes votes, 13 no votes, and 16 abstentions.

The Greens/EFA coalition praised the vote. Greens MEP Carl Schlyter of Sweden said that “ACTA risks becoming known as the Absence of Commission Transparency Agreement… The EU cannot continue to negotiate on ACTA if the people are not allowed to take part in the process. It is also a totally absurd and unacceptable situation if MEPs, behind closed doors, have to ask the Commission about the content of the agreements we are supposed to vote on.”

[2] Lib Dems to change their amendment to the digital economy bill

The Liberal Democrats are preparing to change their controversial amendment to the digital economy bill, which has its third and final reading in the House of Lords on Monday.

The change would give sites blocked under the bill the power to challenge it in the courts, and to demand legal costs and damages from any copyright owner that caused it to be wrongly blocked through court procedings.

But the Open Rights Group, which campaigns on digital rights and freedoms, said that the amendment would not solve deeper problems with the bill – which may be rushed into law with barely any debate in the Commons – and called for it to be abandoned.

[3] Wanted: a Groundswell of Massive Opposition

Last week I wrote about the great news on the ACTA front, but sadly that’s just one battle we need to win. Another is against the insanely retrogressive Digital Economy Bill – an ironic name if ever there were one, given that it seeks to impose the old rules of the *analogue* economy on the digital world. As such, it is likely to have a huge negative impact on companies using the Internet (that is, anyone in business not still using the abacus.)
[...]

That handily maps out is how we can stop the Bill: by creating that “groundswell of massive opposition”. What I think we need to do is to make it clear to our MPs is how the music recording industry just expects them to roll over and accept the Bill as is, rather than to carry out their parliamentary duties and to examine it and amend where appropriate. We need to get across the fact that this Bill is not incidental, but will determine the economic and social landscape for this country in the next few years; as such, it needs to be drafted carefully, not thrown together at the last minute.

[4] Lords pass controversial internet piracy bill

Legislation to tackle internet piracy, including bans for illegal file-sharers, has been passed by the Lords.

The Digital Economy Bill is now expected to be rushed through the Commons before the general election.

Peers had earlier rejected a bid by ministers to include wide-ranging powers over future online piracy law.

[5] BPI Says That UK Spies Are Against Digital Economy Bill

The debate over the Digital Economy Bill in the UK (the attempt to ratchet up copyright law to repay favors to an entertainment industry that is slow to adapt) has taken an odd twist. Cory Doctorow over at Boing Boing has the details of a leaked memo from the BPI (pdf) to a bunch of recording industry execs and lobbyists, that details the state of the bill and the ongoing strategy for getting it approved. There are a few items worth noting:

1. The BPI seems to think that the UK intelligence community is now the biggest threat to stopping the bill. Seriously. Apparently, UK spies are afraid that passing this bill will drive a very large number of people to switch to using encrypted internet tools, making it that much more difficult to spy on them.

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.

DecorWhat Else is New


  1. Links 16/10/2021: Xubuntu 21.10 and DearPyGui 1.0.0

    Links for the day



  2. DuckDuckGo’s HQ is Smaller Than My Apartment

    Guest post by Ryan, reprinted with permission



  3. Post About Whether Vivaldi is a GPL violation Was Quietly Knifed by the Mods of /r/uBlockOrigin in Reddit

    Guest post by Ryan, reprinted with permission



  4. The EPO’s Overseer/Overseen Collusion — Part XIII: Battistelli's Iberian Facilitators - Spain

    The EPO‘s António Campinos is an ‘Academy’ of overt nepotism; what Benoît Battistelli did mostly in France Campinos does in Spain and Portugal, severely harming the international image of these countries



  5. From Competitive (Top-Level, High-Calibre, Well-Paid) Jobs to 2,000 Euros a Month -- How the EPO is Becoming a Sweatshop by Patent Examiners' Standards

    A longish video about the dreadful situation at the EPO, where staff is being ‘robbed’ and EPO funds get funnelled into some dodgy stock market investments (a clear violation of the institution’s charter)



  6. [Meme] Protecting European Patent Courts From EPO 'Mafia'

    With flagrant disregard for court rulings (or workarounds to dodge actual compliance) it seems clear that today's EPO management is allergic to justice and to judges; European Patents perish at unprecedented levels in national European courts and it should be kept that way



  7. Links 15/10/2021: Pine64's New PinePhone Pro and Ubuntu 22.04 LTS Codename

    Links for the day



  8. [Meme] GitHub Isn't Free Hosting, It's All About Control by Microsoft

    Deleting GitHub isn’t a political statement but a pragmatic decision, seeing how Microsoft routinely misuses its control over GitHub to manipulate the market



  9. With EPO 'Strike Regulations' Belatedly Ruled Unlawful, EPO Management May be Lowering the Salary Even Further by Introducing Outside 'Temps' or Casual Workers

    Institutional capture by an 'IP' (litigation) Mafia is nearly complete; with illegal so-called (anti) 'Strike Regulations' out the door, they're quickly moving on to another plan, or so it seems on the surface



  10. Links 15/10/2021: 95% of Ransomware Targets Windows

    Links for the day



  11. IRC Proceedings: Thursday, October 14, 2021

    IRC logs for Thursday, October 14, 2021



  12. The EPO’s Overseer/Overseen Collusion — Part XII: The French Connection

    The EPO‘s presidency (led by Frenchmen for nearly 15 years out of the past 18 years; Benoît Battistelli and António Campinos are both French despite their somewhat misleading surnames) is extremely unlikely to even be mildly scrutinised by the French delegates because of a web of nepotism and protectionism



  13. [Meme] Another Maladministration Meeting Comes to an End

    Did the EPO‘s overseeing body properly tackle Benoît Battistelli‘s illegal acts, authorised by that very same overseeing body? Don’t hold your breath as António Campinos continues to crack down on staff (maybe ILOAT will rule on it in 2030)



  14. Links 14/10/2021: LibreOffice 7.2.2, Happy Birthday to Jolla, Ubuntu 21.10, Devuan GNU+Linux 4.0, OpenBSD 7.0

    Links for the day



  15. [Teaser] What Miguel de Icaza Really Thinks of the CEO of Microsoft GitHub

    Following the opening of a new series about Microsoft GitHub we drop a little teaser today; we expect dozens of parts to be released in the coming weeks/months as facts are being validated and organised



  16. Splitting the Time to Cover More Leaks and Exposés

    We take stock of Part 11 of the ongoing EPO series (“EPO’s Overseer/Overseen Collusion”) and explain what caused various delays yesterday; we may have to up our pace a little in order to keep up with an influx of leaks and whistleblowers



  17. [Meme] Destroying the Workplace

    The working conditions at the EPO continue to worsen under the António Campinos regime, perpetuating the decade-long 'demolition project' of Benoît Battistelli and his cohorts in the complicit Administrative CouncilThe working conditions at the EPO continue to worsen under the António Campinos regime, perpetuating the decade-long 'demolition project' of Benoît Battistelli and his cohorts in the complicit Administrative Council



  18. Microsoft GitHub Exposé — Part I — Inside a Den of Corruption and Misogynists

    Today we commence a new series that implicates Microsoft, GitHub, Copilot, and Team Mono



  19. EPO Management Tricks EPO Staff Into Taking More Paycuts

    “Education and childcare reform” [sic] is an António Campinos "reform" in the same sense regressive salary reductions are just “adjustments” (euphemism); Electronic opt-in gaffes, according to staff representatives, show that the tradition of Benoît Battistelli carries on at the Office, taking away from staff for a few corrupt officials to milk the institution to death



  20. Links 14/10/2021: Whisker Menu 2.6.1 and KDE's Birthday

    Links for the day



  21. Links 14/10/2021: DragonFly 6.0.1 Released and Red Hat Loses Another Top Executive

    Links for the day



  22. IRC Proceedings: Wednesday, October 13, 2021

    IRC logs for Wednesday, October 13, 2021



  23. Süddeutsche Zeitung Became a Propaganda Arm of EPO Management (and by Extension Software Patents/Patent Lobbyists)

    EPO ‘genius’ António Campinos enjoys shallow press coverage, which echoes or resembles Benoît Battistelli‘s corruption of the media (paid-for fluff)



  24. GNOME (and Debian) Infringe Human Rights by Shipping Parental Control Software (Internally Called “Malcontent”)

    Guest post by Ryan, reprinted with permission



  25. No, JWZ, Discord is Not “IRC With Pictures”

    Guest post by Ryan, reprinted with permission



  26. The EPO’s Overseer/Overseen Collusion — Part XI: “General Bock” - Battistelli's Swiss Apprentice?

    The António Campinos-led EPO won’t be subjected to real oversight by the Administrative Council, which ‘met’ (online) earlier today; so we look at who in the Administrative Council did what; today we wrap up the parts about Switzerland (third part of three)



  27. Links 13/10/2021: Sparky 2021.10 and New Archcraft

    Links for the day



  28. Links 13/10/2021: Firefox Keylogger on (By Default), GNOME Platform Design Discussed

    Links for the day



  29. [Meme] [Teaser] Swiss Alexandre Benallas

    The EPO‘s French dictator, Benoît ‘Vichy’ Battistelli, might be relieved to hear that his enabler in the adjacent Switzerland also enlisted armed bullies to keep the population down (the father of António Campinos might know a thing or two about those; it’s why he fled to France)



  30. IRC Proceedings: Tuesday, October 12, 2021

    IRC logs for Tuesday, October 12, 2021


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