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 21/11/2014: Problems at Debian, Jolla Tablet

    Links for the day



  2. Links 18/11/2014: Linux 3.18 RC 5, New DigiKam

    Links for the day



  3. Special Report: Many Criminal Charges Against EPO Vice-President Željko Topić

    The abuses of Željko Topić, who has gained notoriety in his home country, are rapidly becoming public knowledge across all of Europe



  4. Links 16/11/2014: Xfdesktop 4.10.3, GNU Hello 2.10

    Links for the day



  5. Microsoft is Going Into the Anti-Whistleblowing Business, Dodges Criticism Over 19-Year Bug Door in Windows

    With Aorato acquisition Microsoft helps protect the criminals (from whistleblowers) and with lies about .NET Microsoft distracts from a bug that has facilitated remote access into Windows (by those in the know) for nearly two decades



  6. Reaffirming Microsoft's Long-Known Hostility Towards Net Neutrality, Microsoft Crashed Juniper

    Steve Ballmer is ranting against net neutrality and Juniper's business is in trouble after a lot of executives from Microsoft took over most top positions there



  7. Another Massive Step Towards Elimination of Software Patents as Even CAFC Rules Against Them

    After SCOTUS gets involved in the Ultramercial case, the CAFC finally decides to actually serve justice rather than dogma



  8. The GOP's Patent Reform Plan Not Effective Enough to Stop Massive Patent Trolls Like Microsoft/Nokia

    The corporations-serving GOP says that it wants a patent reform, but another reminder is needed of the futility of the suggested changes



  9. How the EPO's Executive Branch (Battistelli and Topić) Banned Scrutiny and Created Authoritarian Model of Control: Part X

    A look at highly dubious moves by EPO President Battistelli and his right-hand man Topić, whose abuses are becoming hard to oversee or even report



  10. Links 15/11/2014: Linux Mint 17.1 Release Candidate, Popcorn Time 0.3.5

    Links for the day



  11. IRC Proceedings: October 26th, 2014 – November 8th, 2014

    Many IRC logs



  12. The Terrible Joke Which is Microsoft 'Loving' Linux: Nightmares With UEFI 'Secure' Boot (i.e. Windows Monopoly Imposed) Continue to Affect GNU/Linux Users

    A reminder of Microsoft's sheer hostility towards GNU/Linux and long-reaching sabotage of GNU/Linux installations



  13. Patent Lawyers Worry About Section 101 in 'Alice' (and Other Patent News)

    A quick roundup of news of interest regarding software patents



  14. Will Write for FUD (Against FOSS)

    Black Duck rears its ugly head again, serving to show that it is in the business of changing perceptions and not in the information or analysis business



  15. Debunking Several Days of Never-Ending Lies About Microsoft and .NET

    .NET is not "Open Source", it cannot be forked (there remains patent threat), Visual Studio is still completely proprietary and it is expected to come to other platforms only because Windows has lost its dominance and Microsoft wants to perpetually control APIs (with software patents) and hence reign over developers



  16. Links 14/11/2014: LibreOffice 4.3.4, Ads Now in Firefox

    Links for the day



  17. Links 14/11/2014: GNOME 3.14.2, PulseAudio 6.0

    Links for the day



  18. Microsoft Windows is Still Designed as a Paradise of Back Doors, Intrusion, Wiretaps, and Interception

    At many levels -- from communication to storage and encryption -- Windows is designed for the very opposite of security



  19. Forget the FUD About Bash and OpenSSL, Microsoft Windows Blamed for Massive Credit Cards Heist

    Home Depot learns its lesson from a Microsoft Windows disaster, but it stays with proprietary software rather than move to software that is actively audited by many people and is inherently better maintained (Free/libre software)



  20. Windows 'Update' and NSA Back Doors, Including a 19-Year Bug Door in Microsoft Windows

    The back doors-enabled Microsoft Windows is being revealed and portrayed as the Swiss cheese that it really is after massive holes are discovered (mostly to be buried by a .NET propaganda blitz)



  21. Revealed: Microsoft is Trying to Corrupt the UK in Order to Eliminate Its OpenDocument Format-Oriented Standards Policy

    Microsoft interference with Britain's preference for ODF is now confirmed, thanks to a valuable news report from Computer Weekly; OOXML lock-in is being unleashed by Microsoft on Android users



  22. Links 13/11/2014: Ubuntu MATE 14.04.1 LTS, New KDE Plasma

    Links for the day



  23. .NET is NOT "Open Source", But Microsoft's Minions Shamelessly Openwash It Right Now

    The openwashing of .NET continues with yet another publicity stunt that is intended to lock in developers



  24. Links 11/11/2014: GNOME Trademark Dispute Settled, Mozilla Embraces Tor

    Links for the day



  25. Patent Reform Subversion After Republican (GOP) 'Win' in US Senate

    The Grand Corporations Party, or the political party which serves large businesses that are funding it, continues to just focus on a mirage of a 'reform' rather than tackle the real issues where culprits include very large businesses such as Microsoft and Apple



  26. Microsoft-Armed Patent Troll MOSAID (Now Conversant) Wants to Sweep up More Patents for Litigation

    Reports about patent trolls and scope of patents serve to show what the foes of Free software are up to right now



  27. When Courts in the US Attack the Right to Reuse APIs

    Challenging the clueless ruling from the Court of Appeals for the Federal Circuit in the United States (very pro-software patents and anti-computer science), notable programmers write to the highest court



  28. Links 10/11/2014: 2015 GNU/Linux Forecasts, Debian Shakeup

    Links for the day



  29. Links 7/11/2014: War Thunder on GNU/Linux, KaOS ISO 2014.11

    Links for the day



  30. Links 6/11/2014: Ubuntu Tablet Confirmed, Compiz 0.9.12 Released

    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