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

04.22.10

ACTA Versus Software Freedom

Posted in Free/Libre Software, Intellectual Monopoly, Patents at 10:39 am by Dr. Roy Schestowitz

Forged lion

Summary: Opinions on the emergence of the ACTA text and what it means to Free software, as well as other aspects of decreasingly-free life

YESTERDAY we wrote about the ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14] only as a reminder that it affects patent policy all around the world [1, 2, 3, 4, 5] in one fell swoop.

The Against Monopoly author compares the ACTA to the DMCA, which now pales in comparison.

ACTA is also similar to another arcane law, the Digital Millennium Copyright Act (DMCA), which, under the guise of protecting “property rights,” snuck in provisions that criminalize even the mere possession of technology that can be used to circumvent digital protection systems (see, e.g., my post TI Uses Copyright Law to Attack TI Calculator Enthusiasts). Likewise, under the guise or protecting property rights in inventions and artistic works (patent and copyright), it “seeks to provide legal authority for the surveillance of Internet file transfers and searches of personal property”. As one group notes, “ACTA goes way, way beyond the TRIPS (the copyright/patent/trademark stuff in the World Trade Organization agreement), creating an entirely new realm of liability for people who provide services on the net”. More invasion of personal liberty and property rights in the name of false, artificial property rights.

Our reader Ziomatrix said that the ACTA is “a flood of intellectual property law and DRM forced down as many throats as possible” and Hugo from the FSFE explained the threats to Free Software as follows:

Second, ACTA is not a trade agreement. Whatever the EU negotiators claim, the fact is that ACTA goes beyond current legislations and aims at creating internationally harmonized legislations on how “intellectual property rights” should be enforced. This is one of the reason why ACTA is creating its own body (the Committee) with its own executives (the Secretariat), independently from the World Trade Organization within which international trade agreements should be negotiated, and independently from World Intellectual Property Organization within which international treaties dealing with copyright, trademark and patents are usually negotiated (and open to NGOs like FSFE). The threat to Free Software is that there is absolutely no safeguards as to how the principles of freedom and sharing software would be kept intact.

Glyn Moody has tried hard to find some positives:

This is certainly a victory for transparency, if only a partial one. It’s a victory because it would never have happened had not countless organisations and individuals protested loudly and repeatedly against this travesty of democracy whereby we would be presented with a fait accompli once the trade agreement had been signed. It’s a victory because certain of the worst clauses, present in the leaked version of a couple of months ago [.pdf], seem to have disappeared according to a thorough analysis on Ars Technica.

Simon Phipps from the OSI wrote: “They couldn’t keep it secret any longer because too many people – including those inside the process – thought it was a disgrace. I wonder if they had to surrender any principles to the US in order to gain that unanimous agreement? We’ll know on Wednesday, after which the “you’re wrong and I’ll not tell you why” defence for ACTA’s apologists is also off the table.”

The ACTA is very relevant to Free software and to more aspects of life. It is by all means a suppressor of freedom and it gets rammed though under the disguise of “fighting fake medicine” (which has nothing to do with multimedia and digital copyright that it’s being lumped together with).

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

A Single Comment

  1. uberVU - social comments said,

    April 27, 2010 at 12:32 am

    Social comments and analytics for this post…

    This post was mentioned on Identica by schestowitz: Opinions on the emergence of the #ACTA text and what it means to #Freesoftware http://ur1.ca/wgxf

What Else is New


  1. End of the UPC Lobby and Withdrawal of UPCA May Seem Imminent

    The Unitary Patent fantasy (of mass litigation firms) is coming to an end; in fact, the German government and courts (Bundesverfassungsgericht to be specific) now deem the complaint to be admissible and thus likely legitimate in spite of many attempts to shoot it down



  2. EPO's Board 28 Spikes Article 53 in CA/3/18, Apparently After Battistelli Withdrew It

    The latest plot twist, as odd as that may seem, is that the attack on the rights of thousands of workers (many of whom are rumoured to be on their way out) is curtailed somewhat, at least for the time being



  3. Links 21/2/2018: Apper 1.0, New Fedora ISOs

    Links for the day



  4. Rumour: European Patent Office to Lay Off a Significant Proportion of Its Workforce

    While the Administrative Council of the EPO praises Battistelli for his financial accomplishments (as laughable as it may seem) a lot of families stuck in a foreign country may soon see their breadwinner unemployed, according to rumours



  5. The Patent Trolls' Lobby, Bristows and IAM Among Others, Downplays Darts-IP/IP2Innovate Report About Rising If Not Soaring Troll Activity in Europe

    Exactly like last year, as soon as IP2Innovate opens its mouth Bristows and IAM go into "attack dog" mode and promote the UPC, deny the existence or seriousness of patent trolls, and promote their nefarious, trolls-funded agenda



  6. Links 20/2/2018: Mesa 17.3.5, Qt 5.11 Alpha, Absolute 15.0 Beta 4, Sailfish OS 2.1.4 E.A., SuiteCRM 7.10

    Links for the day



  7. Replacing Patent Sharks/Trolls and the Patent Mafia With 'Icons' Like Thomas Edison

    The popular perceptions of patents and the sobering reality of what patents (more so nowadays) mean to actual inventors who aren't associated with global behemoths such as IBM or Siemens



  8. The Patent Trolls' Lobby is Distorting the Record of CAFC on PTAB

    The Court of Appeals for the Federal Circuit (CAFC), which deals with appeals from PTAB, has been issuing many decisions in favour of § 101, but those aren't being talked about or emphasised by the patent 'industry'



  9. Japan Demonstrates Sanity on SEP Policy While US Patent Policy is Influenced by Lobbyists

    Japan's commendable response to a classic pattern of patent misuse; US patent policy is still being subjected to never-ending intervention and there is now a lobbyist in charge of antitrust matters and a lawyer in charge of the US patent office (both Trump appointees)



  10. The Patent Microcosm's Embrace of Buzzwords and False Marketing Strives to Make Patent Examiners Redundant and Patent Quality Extremely Low

    Patent maximalists, who are profiting from abundance of low-quality patents (and frivolous lawsuits/legal threats these can entail), are riding the hype wave and participating in the rush to put patent systems at the hands of machines



  11. Today, at 12:30 CET, Bavarian State Parliament Will Speak About EPO Abuses (Updated)

    The politicians of Bavaria are prepared to wrestle with some serious questions about the illegality of the EPO's actions and what that may mean to constitutional aspects of German law



  12. Another Loud Warning From EPO Workers About the Decline of Patent Quality

    Yet more patent quality warnings are being issued by EPO insiders (examiners) who are seeing their senior colleagues vanishing and wonder what will be left of their employer



  13. Links 19/2/2018: Linux 4.16 RC2, Nintendo Switch Now Full-fledged GNU/Linux

    Links for the day



  14. PTAB Continues to Invalidate a Lot of Software Patents and to Stop Patent Examiners From Issuing Them

    Erasure of software patents by the Patent Trial and Appeal Board (PTAB) carries on unabated in spite of attempts to cause controversy and disdain towards PTAB



  15. The Patent 'Industry' Likes to Mention Berkheimer and Aatrix to Give the Mere Impression of Section 101/Alice Weakness

    Contrary to what patent maximalists keep saying about Berkheimer and Aatrix (two decisions of the Federal Circuit from earlier this month, both dealing with Alice-type challenges), neither actually changed anything in any substantial way



  16. Makan Delrahim is Wrong; Patents Are a Major Antitrust Problem, Sometimes Disguised Using Trolls Somewhere Like the Eastern District of Texas

    Debates and open disagreements over the stance of the lobbyist who is the current United States Assistant Attorney General for the Antitrust Division



  17. Patent Trolls Watch: Microsoft-Connected Intellectual Ventures, Finjan, and Rumour of Technicolor-InterDigital Buyout

    Connections between various patent trolls and some patent troll statistics which have been circulated lately



  18. Software Patents Trickle in After § 101/Alice, But Courts Would Not Honour Them Anyway

    The dawn of § 101/Alice, which in principle eliminates almost every software patent, means that applicants find themselves having to utilise loopholes to fool examiners, but that's unlikely to impress judges (if they ever come to assessing these patents)



  19. In Aatrix v Green Shades the Court is Not Tolerating Software Patents But Merely Inquires/Wonders Whether the Patents at Hand Are Abstract

    Aatrix alleges patent infringement by Green Shades, but whether the patents at hand are abstract or not remains to be seen; this is not what patent maximalists claim it to be ("A Valentine for Software Patent Owners" or "valentine for patentee")



  20. An Indoctrinated Minority is Maintaining the Illusion That Patent Policy is to Blame for All or Most Problems of the United States

    The zealots who want to patent everything under the Sun and sue everyone under the Sun blame nations in the east (where the Sun rises) for all their misfortunes; this has reached somewhat ludicrous levels



  21. Berkheimer Decision is Still Being Spun by the Anti-Section 101/Alice Lobby

    12 days after Berkheimer v HP Inc. the patent maximalists continue to paint this decision as a game changer with regards to patent scope; the reality, however, is that this decision will soon be forgotten about and will have no substantial effect on either PTAB or Alice (because it's about neither of these)



  22. Academic Patent Immunity is Laughable and Academics Are Influenced by Corporate Money (for Steering Patent Agenda)

    Universities appear to have become battlegrounds in the war between practicing entities and a bunch of parasites who make a living out of litigation and patent bubbles



  23. UPC Optimism Languishes Even Among Paid UPC Propagandists Such as IAM

    Even voices which are attempting to give UPC momentum that it clearly lacks admit that things aren't looking well; the UK is not ratifying and Germany make take years to look into constitutional barriers



  24. Bejin Bieneman Props Up the Disgraced Randall Rader for Litigation Agenda

    Randall Rader keeps hanging out with the litigation 'industry' -- the very same 'industry' which he served in a closeted fashion when he was Chief Judge of the Federal Circuit (and vocal proponent of software patents, patent trolls and so on)



  25. With Stambler v Mastercard, Patent Maximalists Are Hoping to Prop Up Software Patents and Damage PTAB

    The patent 'industry' is hoping to persuade the highest US court to weaken the Patent Trial and Appeal Board (PTAB), for PTAB is making patent lawsuits a lot harder and raises the threshold for patent eligibility



  26. Apple Discovers That Its Patent Disputes Are a Losing Battle Which Only Lawyers Win (Profit From)

    By pouring a lot of money and energy into the 'litigation card' Apple lost focus and it's also losing some key cases, as its patents are simply not strong enough



  27. The Patent Microcosm Takes Berkheimer v HP Out of Context to Pretend PTAB Disregards Fact-Finding Process

    In view or in light of a recent decision (excerpt above), patent maximalists who are afraid of the Patent Trial and Appeal Board (PTAB) try to paint it as inherently unjust and uncaring for facts



  28. Microsoft Has Left RPX, But RPX Now Pays a Microsoft Patent Troll, Intellectual Ventures

    The patent/litigation arms race keeps getting a little more complicated, as the 'arms' are being passed around to new and old entities that do nothing but shake-downs



  29. UPC Has Done Nothing for Europe Except Destruction of the EPO and Imminent Layoffs Due to Lack of Applications and Lowered Value of European Patents

    The Unified Patent Court (UPC) is merely a distant dream or a fantasy for litigators; to everyone else the UPC lobby has done nothing but damage, including potentially irreparable damage to the European Patent Office, which is declining very sharply



  30. Links 17/2/2018: Mesa 17.3.4, Wine 3.2, Go 1.10

    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