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

07.25.10

Intellectual Monopoly Owners Association Wants Patents Off ACTA and the Dangers of Monopoly Are Explained

Posted in Europe, Law, Microsoft, Patents at 5:15 pm by Dr. Roy Schestowitz

IPO logo

Summary: The Intellectual Property Owners Association (IPO) does not want the ACTA to strengthen its funders’ monopolies; more news about monopolies and their tactics

“IPO asks US to remove patents from the scope of ACTA, text defines “intellectual property” broadly,” says the president of the FFII, pointing at this document [PDF]. It’s dated June 25th (a month ago) and it starts by saying that “Intellectual Property Owners Association (IPO) appreciates the circulation of the Consolidated Text of the Anti-Counterfeiting Trade Agreement (ACTA).”

IPO correctly points out that “Counterfeiting is making a copy that is a fake – it is forged to look real and intended to be passed-off to the public for what is in fact real. Consumers may even know that what they are purchasing is a counterfeit, (i.e., a “knock-off” DVD sold rather inexpensively at a street corner stand). Furthermore, the counterfeit may also pose significant health and safety risks to our citizens.”

“ACTA goes far beyond addressing the subject matter of counterfeiting.”
      –IPO
ACTA basically mixes that with copyrights in order to apply pressure and carry out Hollywood’s mission (under the falsehood that ACTA is necessary just to impede fake medicine).

IPO says accurately that “As currently drafted, given the expansive use of the broadly-defined term “intellectual property,” ACTA goes far beyond addressing the subject matter of counterfeiting.”

It is true that counterfeiting can cause damages, but that mustn’t be confused with intellectual monopolies. That’s something which ACTA negotiators/apologists like Pedro Valesco-Martins, Paul Rübig, and Luc Pierre Devigne have been doing in Europe, for example. These people help harm Europe’s patent law in the same way that New Zealand's patent law is currently being ruined by adding software patenting through a loophole (the mainstream press continues to report about it somewhat inaccurately). Europe’s ACTA boosters have been repeating the counterfeiting talking points while actually referring to a controversial document which encompasses a wide range of issues (patents included), not just counterfeiting. We recently learned that Luc Pierre Devigne fled or got fired. Serves him right for his arrogance.

As a little lesson regarding the problem with software patents, consider patents which are almost everywhere that involves video. We are talking about MPEG-LA, which is a patent parasite that we covered in:

The H currently writes about “commercial licences for H.264 encoder x264″ (including the unacceptable terms), but this is not satisfactory for software freedom.

A commercial x264 license is only required by users who link the x264 library to proprietary software or software which is otherwise incompatible with the GPL and who want to sell their software commercially. Interested users should contact x264 LLC. Garrett-Glaser points out that all vendors are obliged to pay license fees to the holder of the H.264 patent, i.e. have to sign a contract with MPEG LA.

H.264 is a good example of quiet addiction that develops without sufficient scrutiny until it’s too late. It poisons media files along with their contents.

Well, it’s time to break the H.264 ‘addiction’, based on the lessons we learned from Windows. “Get them while they’re young” is the key slogan of the exploiters, who obviously include Microsoft.

Ashlee Vance recently wrote a good piece in the New York Times that touched on a concept well-known to every major company catering to consumers or other mass markets: Try to get them when they’re young.

Microsoft developed its business based on this principle (Vance mostly focused on Microsoft in this piece), which helps teach us about the dangers of monopolies and what enables them to develop in the first place (except the aspect of crime). They seed the market with their copyrights or their patents, then charge at a later stage. It’s a form of ambush where the trap is the monopoly. Software patents should be rejected, patents-encumbered standards need to be rejected, and proprietary software too should be avoided (because it’s related to the former two issues, on top of copyright with draconian licensing terms).

“They’ll get sort of addicted, and then we’ll somehow figure out how to collect sometime in the next decade.”

Bill Gates

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. Links 24/10/2014: Microsoft Tax Axed in Italy, Google's Linux (ChromeOS/Android) Leader Promoted

    Links for the day



  2. Links 24/10/2014: GNU/Linux History, Fedora Delay

    Links for the day



  3. Links 23/10/2014: New *buntu, Benchmarks

    Links for the day



  4. Links 22/10/2014: Chromebooks Surge, NSA Android Endorsement

    Links for the day



  5. Links 21/10/2014: Debian Fork Debate, New GNU IceCat

    Links for the day



  6. Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web



  7. Microsoft 'Loving' GNU/Linux and Other Corporate Media Fiction

    Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also "loves Linux"



  8. India May be Taking Bill Gates to Court for Misusing His So-called 'Charity' to Conduct Clinical Trials Without Consent on Behalf of Companies He Invests in

    Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not "charity")



  9. The Problems With Legal Workarounds, Patent Scope, and Expansion of Patent Trolls to the East

    Patent trolls are in the news again and it's rather important, albeit for various different reasons, more relevant than the ones covered here in the past



  10. Links 20/10/2014: Cloudera and Red Hat, Debian 7.7, and Vivid Vervet

    Links for the day



  11. Links 20/10/2014: 10 Years Since First Ubuntu Release

    Links for the day



  12. How Patent Lawyers Analyze Alice v. CLS Bank

    Breaking down a patent lawyer's analysis of a Supreme Court's decision that seemingly invalidated hundreds of thousands of software patents



  13. Is It Google's Turn to Head the USPTO Corporation?

    The industry-led USPTO continues to be coordinated by some of its biggest clients, despite issues associated with conflicting interests



  14. The EPO's Public Relations Disaster Amid Distrust From Within (and EPO Communications Chief Leaves): Part VII

    Amid unrest and suspicion of misconduct in the EPO's management (ongoing for months if not years), Transparency International steps in, but the EPO's management completely ignores Transparency International, refusing to collaborate; the PR chief of the EPO is apparently being pushed out in the mean time



  15. Links 18/10/2014: Debian Plans for Init Systems, Tails 1.2

    Links for the day



  16. Links 18/10/2014: New ELive, Android Expansion

    Links for the day



  17. Another Fresh Blow to Software Patents (and With Them Patent Trolls)

    Another new development shows that more burden of proof is to be put on the litigant, thus discouraging the most infamous serial patent aggressors and reducing the incentive to settle with a payment out of court



  18. Links 16/10/2014: New Android, SSL 3.0 Flaw

    Links for the day



  19. How the Corporate Press Deceives and Sells Microsoft Agenda

    Various new examples of media propaganda that distorts or makes up the facts (bias/lies by omission/selection) and where this is all coming from



  20. Vista 10 is Still Vapourware, But We Already Know It Will Increase Surveillance on Its Users and Contain Malicious Back Doors

    The villainous company which makes insecure-by-design operating systems will continue to do so, but in the mean time the corporate press covers only bugs in FOSS, not back doors in proprietary software



  21. Links 15/10/2014: KDE Plasma 5.1 is Out, GOG Reaches 100-Title Mark

    Links for the day



  22. With .NET Foundation Affiliation Xamarin is Another Step Closer to Being Absorbed by Microsoft

    Xamarin is not even trying to pretend that separation exists between Microsoft and its work; yet another collaboration is announced



  23. The EPO's Protection Triangle of Battistelli, Kongstad, and Topić: Part VI

    Jesper Kongstad, Benoît Battistelli, and Zeljko Topić are uncomfortably close personally and professionally, so suspicions arise that nepotism and protectionism play a negative role that negatively affects the European public



  24. Corporate Media Confirms the Demise of Software Patents in the United States; Will India and Europe Follow?

    It has become increasingly official that software patents are being weakened in the United States' USPTO as well as the courts; will software leaders such as India and Europe stop trying to imitate the old USPTO?



  25. Links 14/10/2014: CAINE 6, New RHEL, Dronecode

    Links for the day



  26. Microsoft's Disdain for Women Steals the Show at a Women's Event

    Steve Ballmer's successor, Satya Nadella, is still too tactless to lie to the audience, having been given --through subversive means -- a platform at a conference that should have shunned Microsoft, a famously misogynistic company



  27. SCOTUS May Soon Put an End to the 'Copyrights on APIs' Question While Proprietary Giants Continue to Harass Android/Linux in Every Way Conceivable

    Google takes its fight over API freedom to the Supreme Court in the Unites States and it also takes that longstanding patent harassment from the Microsoft- and Apple-backed troll (Rockstar) out of East Texas



  28. Patent Lawsuits Almost Halved After SCOTUS Ruling on 'Abstract' Software Patents

    The barrier for acceptance of software patent applications is raised in the United States and patent lawsuits, many of which involve software these days, are down very sharply, based on new figures from Lex Machina



  29. Links 13/10/2014: ChromeOS and EXT, Debian Resists Systemd Domination

    Links for the day



  30. Links 12/10/2014: Blackphone Tablet, Sony's Firefox OS Port

    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