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

11.06.15

So-Called ‘Trade’ Treaties Like TPP and TTIP Threaten to Legalise Software Patents in Europe and Even Effectively Ban Software Freedom/Copyleft

Posted in GPL, Law, Patents at 6:07 am by Dr. Roy Schestowitz

Trading the world for money and power

World trade

Summary: Revelations about the world’s largest secret collusions teach us about what rich and powerful people have in store for software patents, Free/libre software, and digital sharing economies

TECHRIGHTS does not and has not written much about so-called ‘trade’ agreements such as TPP and TTIP (there are several more, usually affecting other countries/continents). It’s not because the subject is not important but because we must focus on a narrower spectrum of topics, including the European UPC. News about ‘trade’ agreements usually just ends up in our daily links, under “Leftovers”, so it’s not being ignored.

We’re living in an age when if those in power commit crimes against millions of people (not just wars of conquest abroad but also domestic wars on the local population with its diminishing rights), they just simply rewrite the law to legalise these crimes after the act (e.g. CISA and Investigatory Powers Bill) and if there is something that bothers them (e.g. law-abiding citizens who are activists) or threatens their monopolies (anonymity-wielding protesters, software freedom etc.), they will simply try to demonise or altogether ban those things. It means we must always stay very vigilant and fight back, at the very least by informing peers.

It is becoming increasingly hard to overlook or ignore the impact of these aforementioned ‘trade’ agreements because the EPO‘s President meddles in them, as we showed less than a couple of days ago.

Benjamin Henrion, a longtime activist against software patents (especially in Europe), has noticed some rather disturbing things in the relevant TPP chapters, which Jamie Love has looked at and explained.

“This looks like it was composed by lobbyists of Free software foes, e.g. Microsoft.”“TPP chapter on software presumes software is patentable in the first place,” Henrion noted, pointing to this curious article titled “TPP has provision banning requirements to transfer or or access to source code of software”. In section 4 it says: “his Article shall not be construed to affect requirements that relate to patent applications or granted patents, including any orders made by a judicial authority in relation to patent disputes, subject to safeguards against unauthorised disclosure under the law or practice of a Party.”

This looks like it was composed by lobbyists of Free software foes, e.g. Microsoft.

“The TPP chaoter on software is basically trumping licences like the GPL with contract law,” Henrion later added. “Am I right?”

“Software patents boundaries will be challenged through ISDS courts and TPP,” Henrion added and Glyn Moody, who has become quite an expert in this area having covered it for years, responded with “same will be true under #TTIP: will be effectively impossible to remove *any* area from patentability – eg #swpats [software patents].”

The article in question is this one, which says: “Instead of combatting the ability to bring cases such as Eli Lilly’s, the TPP’s investment chapter invites them. Any time a national court – including in the U.S. – invalidates a wrongfully granted patent or other intellectual property right, the affected company could appeal that revocation to foreign arbitrators. The new language would also make clear that private companies are empowered by the treaty to challenge limitations and exceptions like the U.S. fair use doctrine, or individual applications of it. Adoption of this set of rules in the largest regional trade agreement of its kind would upset the international intellectual property legal system and should be subject to the most rigorous and open debate in every country where it is being considered.”

There is also this about TRIPS: “The investment chapter provisions on prohibited performance requirements includes a number of exemptions for intellectual property rights, compulsory licenses to patents under Article 31 of the TRIPS or for copyright, or remedies to anti-competitive practice, that protect U.S. state practice in those areas.”

It is imperative that people everywhere become familiar with these to-be-signed treaties before they are signed (if ever). It’s like ACTA from the back door and even if corporate media doesn’t write so much about it, this doesn’t make it any less important or urgent a matter. It’s often that case that the corporate media covers up (if it covers at all) and misleads the public about these treaties. At the end of the day we know who wants to see these treaties passed and at whose expense these can become a reality. It’s class warfare.

“There’s been class warfare for the last 20 years, and my class has won.”

Warren Buffett

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Google Bookmarks

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. Declassified US Army Field Manuals Explain Microsoft's Public Relations Strategy (Similar to Selling Imperialism to the Occupied)

    The misuse of public broadcast to brainwash the public is well understood and thoroughly exploited by both Microsoft and the Gates Foundation (which sells this ridiculous lie that the world’s richest people speak for and fight for the poorest, i.e. those impoverished by endless greed)



  2. IRC Proceedings: Friday, July 10, 2020

    IRC logs for Friday, July 10, 2020



  3. Links 11/7/2020: Slackel 7.3 Openbox, Kiwi TCMS 8.5, Librem 5 Dogwood Update 3

    Links for the day



  4. Education Without Free Software is Training or Indoctrination

    Kids need to decide for themselves what they want to do and what they wish to use when they grow up; schools need to provide general tools and the mental capacity to make good decisions (rather than make these decisions for the kids, sometimes at the behest of foreign monopolists)



  5. Links 10/7/2020: Wayland-Info, diffoscope 151 and Tor 0.4.4.2-alpha

    Links for the day



  6. European FRAND (Related to SEP) Proponent and Famed Programmer Comes to Realise That It's Actually a “Scam”

    Even people who have long promoted the practice of mandatory "licensing" (in effect patent tax one is unable to work around) are apparently changing their minds and their tune



  7. Not Even a Single Corporate Journalist Has Written Anything About These Very Important Bits of News

    Constant propaganda from patent maximalists has long infested the media, which is sometimes controlled and even bribed to set the tone and the agenda; important developments are being tucked away and require very deep digging for ordinary citizens to find



  8. IRC Proceedings: Thursday, July 09, 2020

    IRC logs for Thursday, July 09, 2020



  9. Racism in Technology (and Who Typically Lectures Us About the Subject)

    Racism is a real problem; some approaches to tackling racism, however, can also be problematic and those who take the lead 'on behalf' of victims tend to be opportunistic and privileged few (piggybacking others' grievances to further advance their financial agenda)



  10. Links 10/7/2020: Debian 8 Long Term Support EOL, Mobian Project, Mesa 20.1.3

    Links for the day



  11. [Humour] COVID-19 is Very, Very Afraid of Human Beings Making More Monopolies Instead of Fighting Together

    The European Patent Office (EPO) to the rescue! Fighting a dangerous pandemic one profitable monopoly at a time!



  12. The News is Never 'Slow', It's Just Journalism That's Slowing Down (and Investigative Journalism Coming Under Attack)

    A mix of censorship and subtle mind control contribute to misinformed societies that shape their perception or misunderstanding of the world based on false measures of authority (where money can determine what is true and what is untrue); many topics remain completely untouched, leading to apathy in a vacuum; it's very much applicable to international organisations, which are presumed benign by virtue of being multi-national or supranational



  13. Social Control Media is About Social Control and If It Doesn't Ban You It'll Shut Down Everyone's Account (One Day)

    It’s time to leave the ‘Internet rot’ which is social control media well behind us; blogging and RSS/XML may seem like a thing of the past, but they may as well become the future (again; if we make the correct and informed choices)



  14. Microsoft's Fingers in Every Pie: The Cult Mentality That Society Needs to Become Wary of

    Microsoft and its co-founder (pretending to do his for-profit 'charity' via the Gates Foundation) are trying to control the world; in the process they've moved to control even their most potent competitor, according to Gates himself, which is GNU/Linux



  15. Links 9/7/2020: Google’s Open Usage Commons, GNOME 3.36.4, Neptune 6.5

    Links for the day



  16. IRC Proceedings: Wednesday, July 08, 2020

    IRC logs for Wednesday, July 08, 2020



  17. Links 8/7/2020: SUSE to Acquire Rancher Labs, Btrfs as Default in Fedora, Qt Creator 4.12.4

    Links for the day



  18. Yes, Master

    When the Linux Foundation tells us to tone down our language we ought to remember what kind of hypocritical stance these people have (note: the above have nothing to do with slavery, either)



  19. Fraunhofer is Again Evergreening Software Patents to Maintain Its Codecs Cartel, Forcing Everyone to Pay to View/Stream Multimedia Files

    The roller-coaster of software patents on multimedia isn't stopping; we know the culprits who can be named for perpetuating this injustice



  20. [Humour/Meme] Focusing on the Bombings and Who's Included in the Bombings

    Supremacist agenda disguised as "tolerant and inclusive" is still objectionable supremacist agenda



  21. Manners Are a Good Thing. The Yardstick or the Standard of Manners Changes Over Time.

    Entirely legitimate grievances of African-Americans are being exploited by people who aren’t even African-American (and usually don’t speak for African-Americans) to warp the debate from one about software ethics and technical issues, not to mention war crimes of companies that employ many programmers, to something which is unlikely to really help African-Americans (also, they don't employ any African-Americans)



  22. IRC Proceedings: Tuesday, July 07, 2020

    IRC logs for Tuesday, July 07, 2020



  23. Links 8/7/2020: Huawei’s GNU/Linux PC, Sparky 5.12, and Endless OS 3.8.4 Released

    Links for the day



  24. [Humour] Television Channels That Don't Speak of Real Looting But Participate in Looting

    People may need to look beyond (or outside) the television screen to grasp what's going on



  25. (Software) Freedom is Elusive Without the Ability to Concentrate

    Software is consuming people's minds; to make matters worse, people have become so attached to such software that they're unable to see it and get away from it (they associate that software with "social life")



  26. Monopolies Erode Freedom, Freedom Erodes Monopolies

    "There are so many reasons that GitHub makes projects less free."



  27. Links 7/7/2020: NomadBSD 1.3.2, Clonezilla Live 2.6.7 and DRM Comes to Cars

    Links for the day



  28. [Humour] IAM Ranked Top for Quality of EPO Propaganda

    Contrary to what the European Patent Office (EPO) keeps saying, patent quality is slipping very fast in Europe (based on the EPO's own analysis!) but patent trolls-funded publishers deny that



  29. When They're Done With Patents on Foods and Recipes They'll Have Patents on Fashion, Taste and Smell

    The mental dysfunction — an infectious condition — that says everything in the world must be patented should be resisted; it overlooks the fact that patents were introduced to protect/promote actual invention, not thoughts, feelings, nature and art



  30. [Humour/Meme] IBM's Money is Unhealthy to the Free Software Foundation (FSF)

    IBM will never be happy as long as RMS (Richard Stallman) has a say in the FSF — directly or indirectly — or even in the GNU Project, both of which he himself created back when IBM was the biggest monopolist


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

Recent Posts