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. Microsoft Loves Linux to Death and Still Tries to Kill GNU/Linux

    Microsoft's relentless attacks on GNU/Linux and Free software in general (even if it runs on Windows) are so evident that claims of 'love' remain laughable at best (if not infuriating)



  2. Censorship, Self-Censorship and Intimidation Now the Modus Operandi at EPO

    The European Patent Office has ceased even trying to pretend that it respects human rights, including the right to free speech



  3. Patent Practitioners: "The Unitary Patent Might be Able to Open the Floodgates for Software Patents in Europe"

    The EPO-backed Unitary Patent scheme threatens to bring software patents to Europe and along with them a lot of patent trolls from all around the world (especially the United States)



  4. Microsoft Lies About Vista 10 and Increases Microsoft Surveillance (Even Beyond Vista 10 and Into Android, Vista 7/8)

    Windows surveillance expands retroactively, making its way into platforms other than Windows and also expanding to predecessors of Vista 10



  5. Another Suicide at the EPO, Fifth by Our Count

    Yet another EPO member of staff has just committed suicide, leading to the inevitable question: how many people need to die before Battistelli and his minions are out of the Office for good?



  6. Links 27/8/2015: ownCloud Desktop Client 2.0, Red Hat Downgraded

    Links for the day



  7. Microsoft-connected Mesosphere Threatens to Eliminate Free Software in the Datacentre

    Hiding behind a misleading 'open' label while actually backed by Microsoft (and based on new rumours may join Microsoft), Mesosphere wishes to eradicate Free and back doors-free software in large datacentres hosting a lot of physical and virtual servers



  8. Microsoft Aggression Against GNU/Linux Amid Vista 10's Failure

    A look at the recent assault on GNU/Linux in Munich and the likely cause for this assault (in such a timely fashion, too)



  9. Message to LinuxCon Regarding Microsoft: “It is Necessary to Get Behind Someone in Order to Stab Them in the Back.” -Sir Humphrey Appleby

    Jim Zemlin, executive director of the Linux Foundation, helps Microsoft gain influence in the Foundation after payments are received



  10. Market Share Estimates Confirm That Vista 10 Failed in a Major Way

    Confirmatory evidence that Vista 10 is failing in the market about a month after its much-hyped (paid coverage) release



  11. When Microsoft, the Master of Patent Trolls, Complains About Trolls

    Possibly the world's biggest patent abuser and monopolist, which also creates many patent trolls (including by far the biggest one), takes on a far smaller abuser in Court



  12. Letter Signed by Two German Officials Becomes a Microsoft Weapon of Propaganda

    Microsoft and its minions refuse to leave Munich alone, even though the vast majority in Munich are perfectly happy with Free/libre software



  13. Links 25/8/2015: Linux Kernel 4.2 Final RC, KDE Ships Plasma 5.4.0

    Links for the day



  14. Sabine Pfeiler and Otto Seidl Should Take Note as Russia -- Like China -- is in the Process of Banning Microsoft Windows for Security Reasons

    A look at a strange suggestion, signed by Sabine Pfeiler and Otto Seidl, who suggest going back to Microsoft which is basically a spyware company now



  15. Microsoft Windows Leads to Espionage and Blackmail: Latest Examples

    Another news overview, detailing high-profile examples of high-cost Windows deployments (including the cost of litigation and settlement)



  16. Links 23/8/2015: BcacheFS Benchmarks, Blackphone 2

    Links for the day



  17. Links 22/8/2015: Chromebook Gains, GNOME 3.18 Clues

    Links for the day



  18. Alice v. CLS Bank (the Alice Case/§101) Continues to Crush Software Patents in the United States

    Patent scope in the United States continues to be narrowed down as more software patents get their wings clipped



  19. Company of Hype and 'Fanbois' Continues Its Patent Attacks on Android/Linux

    Apple's attacks on Android (using bogus patents) may be soon be escalated to the US Supreme Court (SCOTUS)



  20. EPO Corruption of Patent Boundaries: Business Methods and Algorithms Patented

    How the European Patent Office (EPO) not only turns a blind eye to European law while patenting or granting patents on software but also openly advocates this now



  21. Who's Obsessing Over Patent Trolls in Latest 'Reform' Efforts? Larger Patent Trolls Such as Xerox

    Response to claims that the patent problem is being tackled by focusing on patent trolls and their favourite courts in the Eastern District of Texas



  22. Links 20/8/2015: Fedora 24 Plans, Ubuntu Phones in India

    Links for the day



  23. Blackmail and Lies From the Press and the Government of New Zealand Attempt to Sell to the Public a Deal That Broadens Patent Scope

    Corporate conquest or takeover of New Zealand culminates in empty promises from government officials and blackmail against citizens of New Zealand, especially the country's dairy industry



  24. Vista 10 Turns PCs Into Zombies: Microsoft to Remotely Delete Software From Windows, Like Amazon Deleted Books From Kindle

    Microsoft allows itself to remotely delete software from Vista 10 (not just Microsoft's software), as revealed by the mainstream media not too long after the failed launch (poor adoption so far)



  25. Black Duck Still Destroying, Lying, Rewriting History

    Black Duck is still carrying water for Microsoft and pretends to be working for 'Open Source', despite doing it much harm and doing nothing that is actually Open Source



  26. Ashley Madison Disaster Apparently the Fault of Microsoft Windows

    New reports serve to show that Ashley Madison's data which got leaked includes complete dump of corporate Windows passwords



  27. After OOXML Propaganda, New Assocham Propaganda Calls for Back Doors, Spyware and Other Malicious, Self-defeating Traps Inside Government of India

    Assocham is showing its true colours yet again, lobbying for the interests of foreign companies and endorsing serious abuse or compromise of India's national sovereignty



  28. Links 19/8/2015: LinuxCon Everywhere

    Links for the day



  29. Links 18/8/2015: Linux 4.2 RC7, IBM's LinuxOne

    Links for the day



  30. Patents Roundup: Patent Reform, Google's 'Startups' Ploy, JDate, Fitbit, Cisco, and UPC in the UK

    A collection of news stories about patents, accumulated over the past week or so


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