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

03.03.14

The Continued Occupation of US ‘Trade’ by Microsoft- and Monopolies-backed Entities Like BSA

Posted in Intellectual Monopoly at 6:20 am by Dr. Roy Schestowitz

Summary: Corruption in the process which synthesises draconian laws whose only purpose is to protect monopolies, including the copyright monopoly

“Nice animation,” calls it Glyn Moody, “makes bias clear” (referring to this visualisation). So it seems like the BSA is now officially well inside the insidious panels that try to take everything from the public and pass everything to few plutocrats, under the guise of “free” “trade”. The Hill described the latest addition, namely Robert Holleyman, as “a former software trade group lobbyist for a top trade office.” President Obama has just nominated him, which shows what side Obama and Biden are really on. There is already interpretation of the news [1], which in many people’s views helps show (yet again) that policy around copyright, patents, etc. has nothing to do with public interests. Suffice to say, the corporate media does not cover this [2] (or hardly ever does) and only few voices of reasons do give it coverage in the corporate media [3]; they even slam the TPP, albeit too gently. Here in the UK, some shamelessly-named “Intellectual Property” Office [4] continues to distract from a policy which favours public interests, leaving it to sites that British ISPs are blocking by default (TorrentFreak, or the people’s voice, is not allowed) to speak some sanity [5-10] and also cover [11] the latest case of abuse of copyrights [12-15] (Professor Lessig has just won).

When it comes to copyrights, patents and all those other plutocrats-leaning laws, just remember that there is a war being fought against the people, ensuring that everything that’s ours if no longer ours, using some pixie dust which is draconian laws. We are never really part of making those laws; lobbyists of companies make up these laws, sometimes in secret. This massive injustice rarely receives press coverage because owners of the media have vested (multiple but aligning) interests.

Related/contextual items from the news:

  1. Revolving Door: Obama Nominates Copyright Maximalist Lobbyist To Deputy USTR Position

    We recently highlighted the massive problem of the revolving door between the USTR’s office and various patent and copyright maximalist organizations. One example of this was Victoria Espinel, a former USTR official (and then IP Enforcement Coordinator — better known as the IP Czar), who went on to become the head of the Business Software Alliance (BSA), the maximalist lobbying/trade group that is basically a voice for Microsoft, IBM and Adobe’s copyright maximalist positions. Espinel’s predecessor in the job was Robert Hollyeman, who lead the BSA for two decades, during which time it became well known for its preposterous studies equating every infringing copy to a lost sale.

  2. As TPP Opposition Soars, Corporate Media Blackout Deafening

    Opposition to the Trans-Pacific Partnership—dubbed ‘NAFTA on steroids’—is receiving unprecedented popular opposition and nearly no news coverage by major outlets

  3. No Big Deal

    And you know what? That’s O.K. It’s far from clear that the T.P.P. is a good idea. It’s even less clear that it’s something on which President Obama should be spending political capital. I am in general a free trader, but I’ll be undismayed and even a bit relieved if the T.P.P. just fades away.

  4. Government response to consultation on EU copyright rules
  5. RapidShare Stops Washington Lobbying Efforts and Regains Pirate Stamp

    Popular file-hosting service RapidShare has stopped its lobbying efforts in Washington. The company invested over a million dollars in recent years to upgrade its image, an effort that initially paid off. However, just a few months after RapidShare’s lobbyists left Washington and despite huge changes to the company’s operations, the U.S. Government has now rebranded the service as a notorious market.

  6. RIAA Accuses Grooveshark of Making Piracy a Job Requirement

    In the long-running case of the RIAA versus music-streaming service Grooveshark, the major labels have this week asked the court for summary judgment in their favor. They claim that Grooveshark’s founders instructed employees to upload as much infringing content as possible, even making that a job requirement. Evidence proving greater levels of infringement was subsequently destroyed, the labels say.

  7. Why YouTube’s Automated Copyright Takedown System Hurts Artists
  8. Why Is The Copyright Monopoly Necessary, Anyway?

    The copyright industry is amazing at pretending the copyright monopoly has always been there in its current form. But international copyright monopolies didn’t exist in practice across the Western world before 1989.

  9. Google Downranks The Pirate Bay in Search Results

    Google is downranking The Pirate Bay’s website in its search results for a wide variety of queries, some of which are not linked to copyright-infringing content. Interestingly, the change mostly seems to affect TPB results via the Google.com domain, not other variants such as Google.ca and Google.co.uk.

  10. World’s Largest BitTorrent Trackers Suffer Prolonged Downtime

    The two largest BitTorrent trackers on the Internet have been down for a few days, and will remain offline for another week. The tracker owners are performing maintenance and replacing hardware to cope with the billions of connection requests they get each day. Interestingly enough, most casual BitTorrent users are completely unaware of the prolonged downtime.

  11. Lawrence Lessig Wins Damages For Bogus YouTube Takedown

    Law professor, Creative Commons co-founder and advocate for copyright reform Lawrence Lessig has agreed to receive damages from an Australian music label. Without considering fair use Liberation wrongly had some of Lessig’s work removed from YouTube and threatened to sue – it didn’t go well.

  12. Label Threatening Larry Lessig With Insane Infringement Claim Over Fair Use Video Caves In, Pays Up

    Last summer, we wrote about what appeared to be a suicidal Australian record label, Liberation Music, which issued a DMCA claim (after first having a disputed ContentID claim) on a classic presentation by famed professor (and copyright/fair use expert) Larry Lessig, in which he discusses fair use and creativity, using as an example, some clips that made use of the song “Lisztomania” by the band Phoenix. Liberation holds the Australian (not US) rights to that song, but still went DMCA crazy. Lessig filed a counter-notice and Liberation (again, apparently having no idea what it was doing) sent Lessig a letter saying that it would be filing a copyright infringement lawsuit against him if he didn’t retract his counter-notice. The whole thing was bizarre. It was as if whoever was doing all of this at Liberation Music was unaware of basic copyright law, the concept of fair use, how the DMCA works and (most importantly) who Larry Lessig is. In response, Lessig did the appropriate thing and filed for declaratory judgment and (more importantly) sought damages under section 512(f) of the DMCA, the nearly toothless clause of the DMCA that lets victims of bogus takedowns seek damages. As we’ve been pointing out for years 512(f) is almost entirely useless because courts almost never enforce it — and we hoped that with such a clear cut case, we might finally get a good 512(f) ruling on the books.

  13. Australian music label Liberation to pay damages to Harvard professor Lawrence Lessig in copyright battle

    An Australian music label has agreed to pay damages to a Harvard law professor after it threatened to sue him for using a popular song in a YouTube video lecture.

  14. A Win For Fair Use After Record Label, Copyright Lawyer Settle

    An Australian record label that threatened to sue one of the world’s most famous copyright attorneys for infringement has reached a settlement with him.

    The settlement includes an admission that Lawrence Lessig, a Harvard Law School professor, had the right to use a song by the band Phoenix.

  15. Phoenix Side With Lawrence Lessig On “Lisztomania” Fair Use Lawsuit

    LL’s video was, of course, in defense of free-use and used my video as an example (my original video that once had millions of views and is now stuck in a reuploaded YT purgatory, but I’ll get to that). My little bad-quality joke of a video spawned a life of its own in numerous live-action remakes, which is incredible. And Lessig – a Harvard copywright lawyer – was using it in speeches as an example.

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. EPO Caricature: Battistelli's Wall

    Battistelli's solution to everything at the EPO is exclusion and barriers



  2. The 'New' Microsoft is Still Acting Like a Dangerous Cult in an Effort to Hijack and/or Undermine All Free/Open Source Software

    In an effort to combat any large deployment of non-Microsoft software, the company goes personal and attempts to overthrow even management that is not receptive to Microsoft's agenda



  3. PTAB Petitioned to Help Against Patent Troll InfoGation Corp., Which Goes After Linux/Android OEMs in China

    A new example of software patents against Free software, or trolls against companies that are distributing freedom-respecting software from a country where these patents are not even potent (they don't exist there)



  4. Links 20/2/2017: Linux 4.10, LineageOS Milestone

    Links for the day



  5. No, Doing Mathematical Operations on a Processor Does Not Make Algorithms Patent-Eligible

    Old and familiar tricks -- a method for tricking examiners into the idea that algorithms are actual machines -- are being peddled by Watchtroll again



  6. Paid-for UPC Proponent, IAM 'Magazine', Debunked on UPC Again

    The impact of the corrupted (by EPO money) media goes further than one might expect and even 'borrows' out-of-date news in order to promote the UPC



  7. Lack of Justice in and Around the EPO Drawing Scrutiny

    The status of the EPO as an entity above the law (in Germany, the Netherlands, Switzerland and so on) is becoming the subject of press reports and staff is leaving in large numbers



  8. Links 19/2/2017: GParted 0.28.1, LibreOffice Donations Record

    Links for the day



  9. The EPO is Becoming an Embarrassment to Europe and a Growing Threat to the European Union

    The increasingly pathetic moves by Battistelli and the ever-declining image/status of the EPO (only 0% of polled stakeholders approve Battistelli's management) is causing damage to the reputation of the European Union, even if the EPO is not a European Union organ but an international one



  10. Patent Misconceptions Promoted by the Patent Meta-Industry

    Cherry-picking one's way into the perception of patent eligibility for software and the misguided belief that without patents there will be no innovation



  11. As the United States Shuts Its Door on Low-Quality Patents the Patent Trolls Move to Asia

    Disintegration of Intellectual Ventures (further shrinkage after losing software patents at CAFC), China's massive patent bubble, and Singapore's implicit invitation/facilitation of patent trolls (bubble economy)



  12. Links 17/2/2017: Wine 2.2, New Ubuntu LTS

    Links for the day



  13. Bad Advice From Mintz Levin and Bejin Bieneman PLC Would Have People Believe That Software Patents Are Still Worth Pursuing

    The latest examples of misleading articles which, in spite of the avalanche of software patents in the United States, continue to promote these



  14. Patents Are Not Property, They Are a Monopoly, and They Are Not Owned But Temporarily Granted

    Patent maximalism and distortion of concepts associated with patents tackled again, for terminology is being hijacked by those who turned patents into their "milking cows"



  15. SoftBank Group, New Owner of ARM, Could Potentially Become (in Part) a Patent Troll or an Aggressor Like Qualcomm

    SoftBank grabbed headlines (in the West at least) when it bought ARM, but will it soon grab headlines for going after practicing companies using a bunch of patents that it got from Inventergy, ARM, and beyond?



  16. Technicolor, Having Turned Into a Patent Troll, Attacks Android/Tizen/Linux With Patents in Europe

    Technicolor, which a lot of the media portrayed as a patent troll in previous years (especially after it had sued Apple, HTC and Samsung), is now taking action against Samsung in Europe (Paris, Dusseldorf and Mannheim)



  17. Michelle Lee is Still “in Charge” of the US Patent System

    Contrary to a malicious whispering campaign against Lee (a coup attempt, courtesy of patent maximalists who make a living from mass litigation), she is still in charge of the USPTO



  18. Our Assessment: EPO Wants a Lot of Low-Quality Patents and Low-Paid Staff With UPC (Prosecution Galore)

    The European Patent Office seems to be less interested in examination and more interested in facilitating overzealous prosecution all across Europe and beyond; The Administrative Council has shown no signs that it is interested in profound changes, except those proposed by Battistelli in the face of growing resistance from staff and from ordinary stakeholders



  19. Links 16/2/2017: HITMAN for GNU/Linux, Go 1.8

    Links for the day



  20. Yet More Complaints About the European Patent Office in the Bavarian Regional Government

    Some German politicians do care about the welfare of EPO staff, a lot more so than the EPO's management that is actively crushing this staff



  21. EPO Staff Representatives to Escalate Complaint About Severe Injustices to the EPO's Secretive Board 28

    In a new letter to President Benoît Battistelli it is made abundantly apparent -- however politely -- that Battistelli's gross abuses could further complicate things for Battistelli, who is already embroiled in a fight with his predecessor, Roland Grossenbacher



  22. New Survey Reveals That High Patent Quality, or Elimination of Bad Patents, is Desirable to Patent Holders

    A new survey from Bloomberg BNA and AIPLA reveals that the Patent Trial and Appeal Board (PTAB), which still grows in prominence, is supported by people who have themselves gotten patents (not those who are in the bureaucracy of patents and self-serving politics)



  23. Open Patent Office is Not the Solution; Ending Software Patents is the Solution

    Our remarks about the goals and methods of the newly-established Open Patent Office and what is instead needed in order to combat the menace that threatens software development



  24. New Scholarly Paper Says “UK’s Withdrawal From the EU Could Mean That the Entire (Unitary Patent) System Will Not Go Into Effect”

    A paper from academics -- not from the patent microcosm (for a change) -- provides a more sobering interpretation, suggesting quite rightly that the UPC can't happen in the UK (or in Europe), or simply not endure if some front groups such as CIPA somehow managed to bamboozle politicians into it (ratification in haste, before the facts are known)



  25. Patent Trolls Update: Rodney Gilstrap Maintains His Support for Trolls, MPEG-LA Goes Hunting in China, and Blackberry Hits Nokia

    A roundup of the latest news about patent trolls and what they are up to in the United States, Europe, and Asia



  26. Guest Post: EPO, an Idyllic Place to Work

    The true face of the EPO as explained by an insider, recalling the history that led to the negative image and toxic work atmosphere



  27. Links 15/2/2017: Linux 4.9.10 and Linux 4.4.49

    Links for the day



  28. Claude Rouiller (ILOAT) and ILO Rulings Effectively Disregarded by the European Patent Office

    The compositions of kangaroo courts at the EPO continue to be absurd, in spite of a ruling from the International Labour Organisation (ILO), which insisted that change must be made following a lot of mistrials



  29. National Law Journal Believes That Gorsuch as Supreme Court Justice Would be Opponent of Patent Reform

    Whispering campaign surrounds Neil Gorsuch's alleged or perceived views on patents, and in particular the America Invents Act (AIA) which brought the Patent Trial and Appeal Board (PTAB), a serial invalidator of software patents, owing to Alice (a Supreme Court decision)



  30. Center for Intellectual Property Understanding (CIPU) is a Lobby Group for Software Patents and Patent Maximalism

    An introduction to what the Center for Intellectual Property Understanding really is, what it is for, and who is behind it


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