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 29/10/2014: Ubuntu Touch Tablet, Puppy Linux 6.0

    Links for the day



  2. Links 28/10/2014: SUSE Linux Enterprise 12, Canonical OpenStack Distro

    Links for the day



  3. Links 28/10/2014: PiFxOS, The Document Foundation in OSBA

    Links for the day



  4. Microsoft is Bricking Devices With Linux (Yet Again!), So a Microsoft Booster Spins/Paints Linux Devices as 'Fakes'

    Microsoft delivers rogue drivers through Windows Update and they brick Arduino microcontrollers



  5. How Bill Gates Continues to Pass Wealth From the Public to His Own Bank Account

    Having put a universal tax on many things (not just computers) and evaded tax using the classic 'charity' trick, Gates is now buying the media, the schools, politicians etc. and earns as much as 10 billion dollars per year while the public is taught that Gates is a giver, not a hoarder of the worst kind



  6. Links 27/10/2014: Lenovo Unbundling, Linux 3.18 RC2

    Links for the day



  7. IRC Proceedings: September 14th, 2014 – October 25th, 2014

    Many IRC logs



  8. Links 25/10/2014: KDE Mockups, Update on GNOME Outreach Program for Women

    Links for the day



  9. After Infecting Unity -- Successfully -- Microsoft's Partner Xamarin Wants to Infect Unreal Engine With .NET

    Xamarin continues to spread dependence on Microsoft to more gaming frameworks, not just platforms such as GNU/Linux, Android, and even permanent-state devices



  10. Taking Microsoft Windows Off the Grid for Damage to Businesses, the Internet, and Banking Systems

    Microsoft's insecure-by-design software is causing massive damages ([cref 27802 possibly trillions] of [cref 13992 dollars in damages to date]) and yet the corporate press does not ask the right questions, let alone suggest a ban on Microsoft software



  11. City of Berlin Does Not Abandon Free Software, It's Only Tax Authorities

    A Softpedia report that says the City of Berlin is moving to Microsoft Office is flawed and may be based on a poor translation



  12. Nadella a Liar in Chief at Microsoft, Pretending That His Anti-Competitive Practices Are Unfortunately Imposed on Microsoft

    The nastiness of Microsoft knows no bounds as even its assault on GNU/Linux and dirty tricks against Free software adoption are characterised as the fault of 'pirates'



  13. Reuters Writes About the Demise of Software Patents, But Focuses on 'Trolls' and Quotes Lawyers

    How the corporate media chooses to cover the invalidity of many software patents and the effect of that



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

    Links for the day



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

    Links for the day



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

    Links for the day



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

    Links for the day



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

    Links for the day



  19. 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



  20. 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"



  21. 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")



  22. 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



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

    Links for the day



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

    Links for the day



  25. 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



  26. 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



  27. 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



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

    Links for the day



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

    Links for the day



  30. 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


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