Bonum Certa Men Certa

Patents Roundup: Attack on Science, Lobby for Software Patents in EU and India, More Rebellion

EPO backlash



Summary: Scientists are repressed further by lawyers, so there are new calls to fight back and restore freedom of thought

THIS post is a very quick roundup of stories that are too important to miss, even if most "Linux"/"open source" Web sites totally ignore these peripheral issues.

An Attack on Human Knowledge



Free software is based on a scientific premise. It's not one of cost; it's to do with maximising value (measured in terms of productivity), reducing duplication, sharing of ideas, and exchange of output. Over in South Africa, this entire paradigm is under attack at the moment. The culprit? The fiend which is intellectual monopoly rights.

IPR Bill Regulations promulgated - the death knell for open science in South Africa?



[...]

The Department of Science and Technology has published the Regulations for the implementation of the IPR Act of 2008. These have serious implications for researchers and the universities and research institutions they work in and even more dire implications for open access and open innovation in South Africa.

I set out below my preliminary reading of what these Regulations might mean.


Another garbled mess of intellectual monopolies is the ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14], whose impact on patents is going to be worse than what we already expect. How do we know? It's coming straight from the European Commission right now:

The EU Commission is “committed to improve the international legal framework for IP protection” and sees “ACTA as one way to reach that goal,” Devigne said. There was no intention to duplicate TRIPS. Rather, “we want to go beyond it,” he said, adding, “TRIPS is the floor, not the ceiling.”


TRIPS is the element of ACTA which is associated with patents.

Sneaking Software Patents Into Europe, India



"Value your freedom or you will lose it, teaches history." These were the words of Richard Stallman who added:

'"Don't bother us with politics," respond those who don't want to learn.'

For those who are interested in the reality, it's worth paying attention to what happens in Europe at the moment. Mega corporations try to legalise software patents without a democracy and Microsoft happens to be among the those who are guilty of it. The Stop Software Patents Web site has just published details about an upcoming conference in Europe: "Conference on 'Make software patents work for SMEs'"

The European Commission is organising a conference dedicated to "Make IPR work for SMEs" next Monday in Brussels. You can submit your questions by email to me for next Monday on how to "Make software patents work for SMEs". I might be interested to submit them.


Patents are never for SMEs. They are for patent lawyers, patent trolls (sometimes the same as lawyers), and monopolists who guard their territories using barriers to thought and ideas, not just implmentations.

Over in India, we are seeing what we already see in Europe. Remember Brimelow and her "as such" trap? In India, rather than "as such", they have "per se". A Red Hat employee has just explained what he calls "The 'computer programme per se' conundrum."

Under the foregoing definitions, a claim that merely recites software elements without any reference to hardware is per se unpatentable. If a claim recites both software elements and hardware elements, but the hardware elements amount to nothing more than reference to the components of a general purpose computer on which the software is executed, or an information storage medium in which the software is stored, such that the only possibly inventive aspect of the claim resides in the software elements, then the claim is not patentable.


There is an ongoing attempt to push software patents into Indian law [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12]; Microsoft and its partners in India are a major force in this reckless, selfish lobby.

Enough is Enough



More and more groups are rising against this abuse from the patent offices. In the recent protests which took place in Germany, Richard Stallman called the EPO "corrupt" and "malicious". If the EPO stands in people's way, Stallman argues that we should "get rid of it too." Joining Stallman in the protests were not only activists against software patents but also protesters from Greenpeace, who are sickened by patents around life and animals. Here is another new article about it.

Monsanto Company, already a world powerhouse in biotech crops, is shaking up the swine industry with plans to patent pig-breeding techniques and lay claim to the animals born as a result.


As we mentioned a few days ago, an Op-Ed in The EETimes called upon engineers to go on a patent strike. Mike Masnick agrees and elaborates:

Basically, his argument is that most engineers recognize how harmful the patent system is, but are pushed into patenting by lawyers and management, and the only way to get the message out is to stop assisting with anything having to do with patents.


It's time to fight for the right to think and to share ideas freely. There is money to be made by a small minority by creating barriers to sharing (i.e. scarcity) and then selling access. This small minority is rarely engineers and it's very parasitical, naturally.

"On behalf of the Comptroller it is also said that it would be difficult for a third party to search for prior art programs. This is for two reasons. Firstly there is simply not a body of suitable literature about computer programs which can be searched. Secondly much of the prior art will consist of actual computer programs and the outsider will generally find it impossible to understand how these work without the source code – which is normally kept confidential." —UKIPO, Bailii: Symbian Limited and Comptroller General of Patents

Recent Techrights' Posts

KillerStartups.com is an LLM Spam Site That Sometimes Covers 'Linux' (Spams the Term)
It only serves to distract from real articles
 
Gemini Links 21/11/2024: Alphabetising 400 Books and Giving the Internet up
Links for the day
Links 21/11/2024: TikTok Fighting Bans, Bluesky Failing Users
Links for the day
Links 21/11/2024: SpaceX Repeatedly Failing (Taxpayers Fund Failure), Russian Disinformation Spreading
Links for the day
Richard Stallman Earned Two More Honorary Doctorates Last Month
Two more doctorate degrees
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 20, 2024
IRC logs for Wednesday, November 20, 2024
Gemini Links 20/11/2024: Game Recommendations, Schizo Language
Links for the day
Growing Older and Signs of the Site's Maturity
The EPO material remains our top priority
Did Microsoft 'Buy' Red Hat Without Paying for It? Does It Tell Canonical What to Do Now?
This is what Linus Torvalds once dubbed a "dick-sucking" competition or contest (alluding to Red Hat's promotion of UEFI 'secure boot')
Links 20/11/2024: Politics, Toolkits, and Gemini Journals
Links for the day
Links 20/11/2024: 'The Open Source Definition' and Further Escalations in Ukraine/Russia Battles
Links for the day
[Meme] Many Old Gemini Capsules Go Offline, But So Do Entire Web Sites
Problems cannot be addressed and resolved if merely talking about these problems isn't allowed
Links 20/11/2024: Standing Desks, Broken Cables, and Journalists Attacked Some More
Links for the day
Links 20/11/2024: Debt Issues and Fentanylware (TikTok) Ban
Links for the day
Jérémy Bobbio (Lunar), Magna Carta and Debian Freedoms: RIP
Reprinted with permission from Daniel Pocock
Jérémy Bobbio (Lunar) & Debian: from Frans Pop to Euthanasia
Reprinted with permission from Daniel Pocock
This Article About "AI-Powered" is Itself LLM-Generated Junk
Trying to meet quotas by making fake 'articles' that are - in effect - based on plagiarism?
Recognizing invalid legal judgments: rogue Debianists sought to deceive one of Europe's most neglected regions, Midlands-North-West
Reprinted with permission from Daniel Pocock
Google-funded group distributed invalid Swiss judgment to deceive Midlands-North-West
Reprinted with permission from Daniel Pocock
Gemini Links 20/11/2024: BeagleBone Black and Suicide Rates in Switzerland
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 19, 2024
IRC logs for Tuesday, November 19, 2024
Links 19/11/2024: War on Cables?
Links for the day
Gemini Links 19/11/2024: Private Journals Online and Spirituality
Links for the day
Drew's Development Mailing Lists and Patches to 'Refine' His Attack Pieces Against the FSF's Founder
Way to bury oneself in one's own grave...
The Free Software Foundation is Looking to Raise Nearly Half a Million Dollars by Year's End
And it really needs the money, unlike the EFF which sits on a humongous pile of oligarchs' and GAFAM cash
What IBMers Say About IBM Causing IBMers to Resign (by Making Life Hard/Impossible) and Why Red Hat Was a Waste of Money to Buy
partnering with GAFAM
In Some Countries, Desktop/Laptop Usage Has Fallen to the Point Where Microsoft and Windows (and Intel) Barely Matter Anymore
Microsoft is the next Intel basically
[Meme] The Web Wasn't Always Proprietary Computer Programs Disguised as 'Web Pages'
The Web is getting worse each year
Re-de-centralisation Should Be Our Goal
Put the users in charge, not governments and corporations in charge of users
Gemini Links 19/11/2024: Rain Music, ClockworkPi DevTerm, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 18, 2024
IRC logs for Monday, November 18, 2024