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

12.04.10

Large US Corporations Push for Software Patents Through South Korean FTA

Posted in America, Asia, Europe, GNU/Linux, Google, Intellectual Monopoly, Law, Microsoft, Patents at 10:54 am by Dr. Roy Schestowitz

Signs in Korean

Summary: A ‘free’ trade agreement (FTA) is being used to blackmail Korea into accepting the unacceptable, namely software patents

IT was only recently that the president of the FFII spotted a subscribers-only article and wrote:

US coalition asks for software patents in South Korea FTA, cites China and India TRIPS interpretation against swpats http://ur1.ca/2htvk

Thankfully we have some text from the article and with fair use doctrine we are able to give a flavour of it. “The article is copyrighted,” wrote an anonymous reader to us, “but maybe you could cite relevant parts of it,” said this reader, who had access to the text. They are “[p]ushing software patents through free trade agreements,” wrote a person who interpreted this article and here is the overall analysis:

According to the article below, a business coalition paper on IP issues is asking USTR to use TPP to:

-”replicate the IPR provisions of the U.S.-Korea free trade agreement, especially when it comes to patents and copyrights.

-go “beyond the Anti-Counterfeiting Trade Agreement (ACTA). For instance, it states that the TPP should outlaw camcording in theaters, despite the fact that the ACTA made it optional for countries to have criminal penalties for camcording.

-reject the “May 2007 compromise on patent provisions struck between the Bush administration and House Democrats, which weakened patent protections in FTAs that the U.S. had negotiated with developing countries.”

-include pharmaceutical chapter targeting the reimbursement policies of the Pharmaceutical Management Agency of New Zealand (PHARMAC)

-”demand that all TPP countries fully implement the World Intellectual Property Organization’s Copyright Treaty and the WIPO Performances and Phonograms Treaty (WPPT), something that New Zealand and Vietnam have not yet done”

To quote fragments from article “Inside U.S. Trade” (12/03/2010):

A confidential draft paper by a business coalition to advise the Office of the U.S. Trade Representative (USTR) on the intellectual property negotiations in the Trans-Pacific Partnership (TPP) talks shows that U.S. companies are fighting back against European Union efforts to protect geographical indications (GIs) in other countries.

Here come patents:

In provisions other than GIs, the paper largely urges the U.S. to replicate the IPR provisions of the U.S.-Korea free trade agreement, especially when it comes to patents and copyrights.

More on patents:

The Korea FTA was not affected by the IPR provisions of the May 2007 compromise, meaning that it contains what U.S. industry groups consider to be the highest level of protection to date. The paper does not delve into any specifics on patent linkage, data exclusivity and patent term extensions, which are the areas covered by the 2007 compromise.

Look who’s behind it:

This seemingly cautious approach by the business coalition differs from that of the Emergency Committee for American Trade (ECAT) and the National Association of Manufacturers (NAM), both coalition members,
which have publicly called on USTR not to repeat the 2007 compromise on IPR in the TPP negotiations.

The coalition paper was written by the Pharmaceutical Research and Manufacturers of America (PhRMA), the U.S. Chamber of Commerce, and the Motion Picture Association of America (MPAA), sources said.

Here come software patents:

The paper asks USTR to go beyond the Korea FTA in terms of computer implemented inventions, which are essentially patents on software.

This is how Microsoft extorts Samsung and LG (Korean companies), pulling money out of them for the use of Android.

Here’s TRIPS:

While the Korea FTA requires parties to uphold the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the problem with TRIPS is that many signatories, including China and India,
interpret it to mean that they do not have to provide patent protection for computer implemented inventions, according to the coalition paper.

More on TRIPS in [1, 2, 3, 4, 5] and here’s the next bunch of paragraphs:

“Thus, the language of the TPP agreement needs to be strengthened to specifically require providing patent protection for computer implemented inventions,” the paper argues.

The issue of computer implemented inventions touches on a larger debate on the scope of patent protection, one source said.

Patents clearly apply for new physical inventions or even a new process for performing a task. However, patents are generally not granted for formulas or algorithms, because that would be patenting knowledge itself, and would impede scientific progress, this source explained.

Outrageous. Recall who’s behind this. It’s not Koreans. On it goes, elucidating the US role in it:

While the U.S. currently grants software patents, some argue that these patents are essentially just the algorithm or formula itself, although written in computer code. If these software patents were all enforced, it could have the perverse effect of crippling the ability of different companies to innovate by devising new software, critics argue.

While companies currently amass these software patents, they do so largely for defensive reasons. Under this strategy, if a first company holding many software patents is challenged by another for infringement, it can look to try to find a case when that challenging company is also infringing a patent held by the first company, this source said.

This is untrue. Microsoft uses software patents offensively, e.g. against Linux and Android. They are just making up excuses for legalising software patents (calling them “defensive”, as if there is something about software which makes the already-granted patents inherently different).

What this amounts to is a sort of extortion and it helps show the US role in writing Korea’s law. Here is evidence of the continued attempts to impose US-style copyrights (the ‘Mickey Mouse’ law) on the whole world:

The draft also urges USTR to demand that all TPP countries fully implement the World Intellectual Property Organization’s Copyright Treaty and the WIPO Performances and Phonograms Treaty (WPPT), something that New Zealand and Vietnam have not yet done, another source pointed out.

Wikileaks has just unearthed another scandal. It’s just that, as Wikileaks helps show, Spain’s proposed copyright law was written by the United States. We wrote about it this morning while mentioning Amazon as one of the companies which set/write the laws in other countries like Canada (still wrestling against crazy copyright deform). Wikileaks has some ACTA-related leaks (cables) coming, so it is clear why US diplomats fight tooth and nail to take the site and its mirrors down (see the latest news below). Even France is now trying to ban the site, possibly because it turns out that Hadopi came from the United States. Sarko is being shown for the traitor he has been.

Some other posts about Korea:

Latest Wikileaks news:

  • France moves to ban WikiLeaks from using French servers

    Industry Minister Eric Besson wrote a letter to business and technology leaders on Friday calling for ways to ban WikiLeaks from using servers in France, local media reported.

  • WikiLeaks : la loi Hadopi intéresse au plus haut point Washington
  • Wikileaks.org blocked, but mirror sites proliferating: here’s a partial index of indexes

    In response to the “killing” of Wikileaks.org by the US, countless mirror sites are springing up all over the world. It’s impossible to authoritatively catalog them all—too many mirrors, and too fluid of a situation. But here are some active indexes, which appear to be dynamically updating as new mirrors pop up.

    • wikileaks.ch
    • wikileaks.de
    • wikileaks.fi
    • wikileaks.nl
    • Wikileaks.info

  • WikiLeaks’ Assange to fight any extradition: lawyer

    WikiLeaks founder Julian Assange will fight any bid to extradite him to Sweden over sexual misconduct allegations, and suspects foreign powers are influencing the authorities, his Swedish lawyer said on Friday.

  • NSW Supreme Court solicitor: Letter to Australian Prime Minister Julia Gillard

    Dear Prime Minister
    From the Sydney Morning Herald I note you made a comment of “illegal” on the matter of Mr Assange in relation to the ongoing leaks of US diplomatic cables.

    Previously your colleague and Attorney General the Honourable McClelland announced an investigation of possible criminality by Mr Assange.

    As a lawyer and citizen I find this most disturbing, particularly so when a brief perusal of the Commonwealth Criminal Code shows that liability arises under the Espionage provisions, for example, only when it is the Commonwealth’s “secrets” that are disclosed and that there must be intent to damage the Commonwealth.

  • No job if you link to WikiLeaks, warns Columbia

    From The Arabist comes yet another warning of the career dangers of a fondness for WikiLeaks in the form of an email sent to students of their School of International and Public Affairs…

  • Ron Paul: ‘What we need is more WikiLeaks’

    Popular Texas Republican Congressman Ron Paul is no stranger to breaking with his party, but in a recent television appearance the libertarian-leaning Rep. went even further than any member of Congress in defending whistleblower website WikiLeaks.

  • Recap: WikiLeaks faces more heat in the wake of cablegate

    It’s been a long week for the whistle-blowing website WikiLeaks. Problems started to mount after Amazon and EveryDNS forced them to shuffle their hosting. While this was happening, they also had to face political posturing and arrest warrants. The truth can be a dangerous and wonderful thing.

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. NotZed said,

    December 4, 2010 at 7:31 pm

    Gravatar

    That comment from the PM referenced in the Kemp letter was completely outrageous. It simply boils down to “we don’t like it so it must be illegal” when obviously this is simply not the case. And then to hypocritically look the other way at clearly illegal activity just because the perps were ‘good mates’ (who couldn’t give a shit about u anyway) is just the icing on the cake.

What Else is New


  1. Links 27/4/2015: Debian 9 Named, Linux 4.1 Reaches RC

    Links for the day



  2. Microsoft is Interjecting Itself Into GNU/Linux and Free Software News, Even Events and Foundations

    Microsoft's entryism strategy is proving effective as Microsoft successfully embeds itself inside the idealogical competition, subverting the competition's overall message and diluting the competition's focus on Free software



  3. The Unethical Business of Selling Fear of Free/Libre Software Bugs (Black Duck, Sonatype, and Symantec)

    The spreading of fear of Free/Open Source software (FOSS) is now a growth industry, so proprietary opportunists are eager to capitalise on it, even if by distorting the truth



  4. Patients' Data at Risk as NHS Reinforces Its Microsoft/Accenture Stockholm Syndrome

    The worst privacy violator in the world and the firm behind LSE failures are pocketing as much as £0.35 billion of British taxpayers' money to acquire access to very sensitive data of British people



  5. Links 26/4/2015: Debian 8, OpenMandriva Lx 3 Alpha, Mageia 5 RC

    Links for the day



  6. Links 25/4/2015: Debian LTS Plans, Turing Phone Runs Linux

    Links for the day



  7. Who Kills Yahoo? It's Microsoft, Not Yahoo!

    The media should blame Microsoft, not Marissa Mayer, for what's going on (and has been going on for 7 years) at Yahoo!



  8. EPO Management is Trying Hard to Appease Its Critics While Pushing Forth Unitary Patent Agenda

    The European Patent Office and European Commission promote the agenda of large multinational corporations (at the expense or European citizens) and critics are being kept at bay



  9. Real Patent Reform Will Not Come From Biggest Backers of GNU/Linux, Not Even Google

    A look at the 'new' Google, the company which is hoarding patents (2,566 last year alone) instead of fighting for reform



  10. Microsoft's Troll Intellectual Ventures Loses Software Patents

    Intellectual Ventures is bluffing with software patents, but this time around it doesn't get its way



  11. Links 24/4/2015: Ubuntu and Variants in the News, Red Hat Developer Toolset 3.1

    Links for the day



  12. Links 23/4/2015: Ubuntu 15.04 is Out, Debian 8.0 Out Very Soon

    Links for the day



  13. Links 22/4/2015: Fedora 22 Beta, Atlassian Acquires BlueJimp

    Links for the day



  14. The Dying Debate Over Patent Scope (Including Software Patents) Replaced by 'Trolls' (But Not the Biggest Ones)

    The corporate media and Web sites or people who are funded by large corporations have essentially suppressed any debate about issues in the patent granting process, thereby guarding software patents and preventing criticism of large corporations' power grab



  15. The Patents Gold Rush Continues

    The morbid obsession with monopolising mere ideas still dominates the media, even increasingly in China



  16. 9 Millionth US Patent Tells a Story of Failure and USPTO Misconduct

    The USPTO, much like FISA (notorious court for surveillance/espionage authorisation), has become a rubber-stamping operation rather than a patents examination centre, as new evidence and old evidence serve to show



  17. HBO Helps Shift Debate Over Patents to 'Trolls' (Scale), Not Scope

    More of that awkward shifting of the patent debate towards small actors who are misusing patents, not large conglomerates like Apple and Microsoft which use patents to destroy competitors, crush startups, drive up prices, and so on



  18. Software Patents Are Still Menacing to Free Software: OIN Expands Scope, HEVC Adds to MPEG-LA Burden/Tax, Google and Facebook Give in on Patents

    A look at recent news about software patents and especially Free/libre software, which is inherently incompatible with them



  19. The Latest Developments Around Microsoft's Clever Attack on Android/Linux

    Microsoft's campaign of destruction, extortion, etc. against the most widely used Linux-powered operating system is revisited in light of new reports



  20. The Microsoft 'Community' is Maligning the Free Software Community

    Dishonest generalisations and baseless deductions portray the Free/Open Source software communities as a nasty place that leads to poverty and despair



  21. Googlebombing 'Microsoft Open Source' Even When Microsoft Shuts Down Its 'Open Source' Proxy

    A massive failure by the press to cover the most basic news, which is Microsoft putting an end to a supposedly 'Open Source' effort



  22. Links 22/4/2015: Calculate Linux 14.16, SparkyLinux 4.0 RC KDE

    Links for the day



  23. Links 21/4/2015: Project Photon, Ubuntu Touch Buzz

    Links for the day



  24. Embrace, Extend, Extinguish: How Microsoft Plans to Get Rid of Linux/Android

    Microsoft's sheer abuse against Android is laying bare for everyone to see now that Microsoft has paralysed Google's legal department with potential antitrust action in Europe



  25. Yahoo's Current CEO (Mayer, Formerly of Google) is Trying to End Yahoo! Status as Microsoft Proxy

    There are signs of relinquishing Microsoft's control over Yahoo! after Marissa Mayer worked to end the company's suicidal/abusive relationship with Steve Ballmer's Microsoft



  26. Repeating Microsoft's Lies Without Any Journalistic Assessment

    Poor fact-checking by relatively large media/news sites results in Microsoft's patently false claims being repeated uncritically



  27. Links 19/4/2015: New KaOS (2015.04), Manjaro Linux 0.8.13 Pre1

    Links for the day



  28. Links 18/4/2015: ExTiX 15.2, RaspArch

    Links for the day



  29. Microsoft Tired of Pretending to be Nice to Free/Open Source Software (FOSS), Microsoft 'Open' Technologies Dumped

    Microsoft dumps its proxy (misleadingly named 'Open Tech') and other attacks on Free software persist from the inside, often through so-called 'experts' whose agenda is to sell proprietary software



  30. More Translations of French Article About the EPO

    German and Dutch translations of the Le Monde article are now available


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