Bonum Certa Men Certa

David Kappos (USPTO Head) Declines to be Part of the ACTA Treaty Fiasco, Won't Respond

Karel de Gucht



Summary: Karel de Gucht (shown above) and the USPTO carry on with their race for ACTA, which is an enemy of software freedom as well as many other freedoms

LAST WEEK we mentioned Karel de Gucht, the European Commissioner for Trade, who argues falsely that ACTA won't harm free software. This man turned into another foe of Europe's interests by choosing to push the US initiative known as ACTA (which is unconstitutional). Its purpose is to help mega-corporations gain even more power over society all across the world. Karel's slip of the tongue has just caused TechDirt to state that:



As US Insists ACTA Is Not A Treaty, EU Trade Commissioner Admits It's A Treaty



We've already posted about David Kappos' non-response to legality questions about ACTA, but at the bottom of KEI's coverage of this story there's another interesting point. ACTA supporters in the US have been bending over backwards to insist that ACTA is not a treaty. Any time anyone mentions it as a treaty in the comments here, one of the ACTA supporters among our readership will quickly admonish them for being clueless about the law and will insist that this is nothing more than an "executive agreement," which does not need Senate approval. It's one of ACTA supporters' favorite talking points. Of course, there are some serious constitutional questions about that.

However, much more telling is that many ACTA supporters will outright admit it's a treaty. We already noted that the Business Software Alliance (BSA) did just that a few weeks ago (and also falsely claimed it had already been signed by 37 countries).


Hello, Kappos? Et tu, BSA?

American bald eagle



Notice the role played by the USPTO there. Kappos is of no use because of his views on the status quo. Credit must go to the brilliant Bernard Sanders, whose actions are noted by KEI right now:

Non-responsive letter from David Kappos of USPTO to Senators Sanders and Brown regarding ACTA consistency with US law



In a October 19, 2010, Senators Bernard Sanders (I-VT) and Sherrod Brown (D-OH) wrote to David Kappos, the Director of the USPTO, asking for an assessment of conflicts between the October 2010 ACTA text, and U.S. law. (attached here).


KEI also has this new paper [PDF] titled "Innovation Inducement Prizes to Reduce Costs, Enhance Productivity, and Expand Access". It's from two days ago and the target is Europe. KEI -- like us -- wishes to help Americans. But what's good for American conglomerates, for example, is not necessarily good for citizens of the United States. Let's expose the hawks (not eagles) of society and expose their malicious, self-serving agenda which USPTO helps perpetuate. The USPTO -- like lobbyists -- is there to serve counterproductive lawyers and massive corporations, so the "US" in "USPTO" can be as deceiving as the "NZ" in "NZICT" (it lobbies for the interests which are opposite to New Zealand's).

Stars and stripes

Recent Techrights' Posts

IRC Proceedings: Saturday, August 30, 2025
IRC logs for Saturday, August 30, 2025
Representing and Speaking for Animals
If I ever choose to take this matter to tribunal with animals-centric NGOs on my side, it'll get some press coverage for sure
The UEFI 9/11 - Part II - Campaign of Censorship and Defamation Against Critics
In dictatorships, humour serves an important role. It's tragic.
 
IBM Has Taken Control of GNOME
Don't expect a successor to be found any time soon
Links 31/08/2025: Google Gmail Data Breach and LF Puff Pieces for Pay
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
This is What Google News Has Become
Moments ago
The Slopfarm WebProNews Has Turned Google News Into a Laughing Stock Full of Plagiarism by Slop
If Google News dies of neglect, that's one thing. It's starting to seem like active neglect by Google is a form of participation.
Do What is Moral, as What's Legal Isn't Always Moral
Do what's objectively moral, no matter the costs and the risks
Slopwatch: Google News Assisting Plagiarism and Anti-Linux FUD, Serial Slopper Rips Off Linux-Centric Journalists
This makes the Web a much worse place and lessens the incentive to do journalism
Links 30/08/2025: NVIDIA Fakes Results to Hide a Bubble Already in Implosion Phase, Data Breaches Galore, Important Win for Workers' Union in Canada
Links for the day
In Kazakhstan, Yandex Estimated to be 20 Times Bigger Than Microsoft
Bing is measured as down this month
Shutterstock Not Enough? The Register MS Uses Slop Images in Articles (Seemingly More and More Over Time)
Cost-saving trajectory amid office shutdown?
Gemini Links 30/08/2025: Games, PostmarketOS, and Slop
Links for the day
Links 30/08/2025: Imgur Uproar and Many Ukraine Updates (Mediazona Reports Over 200,000 Russians Died for Putin)
Links for the day
How Not to Build Software
code forges that need a Web browser perhaps fill some 'niche' demand
GAFAM and "MATA"
The use of dark humour there hopefully helps illuminate what a lot of "modern" technology became like and how it interacts with human civilisation (to what ends and whose gain)
Birds Are Not "Pests and Vermin", Privacy is Not a Crime, and GNU/Linux is Not 'Hacking Platform'
I could not help but think of Free software analogies
The Sites Should Be Very Fast Again
That issue is now resolved
Flying in 2025
worse than ever before
Activists, Including Technical Activists, Need Not Pursue Affirmation
Techrights doesn't play or participate in a "popularity contest"
The UEFI 9/11 - Part III - Chaos is Scheduled to Happen Second Thursday of September (No Matter What the Microsofters Tell You)
The clock is ticking
Downplaying the Impact of "UEFI 9/11" is a Losing Strategy
we won't publish much whilst on holiday
Government Sites Should Run Free Software
Not proprietary bloatware with buzzwords
LLM Slopfarms Take No Breaks
When people run sites by bots they don't need to worry about "breaks"
GNOME Having a Meltdown Again
Thanks and farewell to Steven Deobald
Gemini Links 30/08/2025: Low Tech and Hunchbin 1.0.6
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 29, 2025
IRC logs for Friday, August 29, 2025
Financiers and Sponsors of the Slop Hype (Pyramid Scheme Waiting to End, Bubble That Will Inevitably Implode)
It's also burning the planet
Slopwatch: Fake Articles About "Linux", Google Helps Ponzi Schemes and Slopfarms in Google News
Slopfarms are a real pain
Gemini Links 29/08/2025: Retiring at 62 and URL Filtering HTTP(S) Proxy on Qubes OS
Links for the day
Links 29/08/2025: Lisa Cook Sues Convicted Felon and Backdoor Mandate in UK Resisted
Links for the day
Links 29/08/2025: Arti 1.5.0, War on Public Health (CDC), and Slop 'Bros' Made to Pay for Their Mass Plagiarism
Links for the day
No, 4Chan is Not Fighting for You by Lawyering Up Against Ofcom (UK)
Don't mistake proto-fascists for people who "fight for you". They don't.
In Many Places in the World Vista 11 "Market Share" is Going Down, Not Up
In some countries Windows is already down to third place or lower
More Microsoft-Connected Layoffs, at Least Third Time This Month! (Also Another Death on Campus)
Microsoft as a "gaming" company is where studios, projects, games, and even developers come to die
Slopwatch: Fake Articles About "Linux", Slop Images in VentureBeat, Linux Foundation Spam Made With LLM Slop and Slop Images
The only relief or upside - if any exists - is that the pace of slop was down a bit this week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 28, 2025
IRC logs for Thursday, August 28, 2025
Gemini Links 29/08/2025: Poems, Games, and Java 25 Performance
Links for the day