Bonum Certa Men Certa

Study: Intellectual Monopolies (Patents) Vastly Dominated by... the Monopolies

EPO backlash



Summary: A not-so-overly-alarmist reminder of how monopolies are taking over society using self-serving laws and establishments, including the patent office

WE frequently repeat the fact that the patent system benefits monopolies, patent trolls, and lawyers who are sometimes patent trolls too*. Somebody has just shared nice new proof (a study) that agrees with what we showed before -- that there is increasing concentration of power in the US patent system, meaning that very few powerful companies devise it as a protectionist measure to prevent market entry by competitors.



The findings of this study are summarised by Justin Gray, an intellectual monopoly assistant for Foley & Lardner LLP (those who help one scientist or patent troll fight with another scientist for profit, mostly by lawyers). It's summarised as: "Top 150 "Customers": Increasing Domination of the Patent System"

This implies that it keeps getting worse. An accompanying presentation which covers this study can be found here [PDF]. Gray prepared/delivered it jointly with Harold Wegner just a few days ago.

Slide 3 says:

Increasing€ Concentration



Within€ the€ coming€ decade€ it€ may€ be€ estimated€ that€ just€ 150€ companies€ will account€ for€ 50%€ of€ all€ American€ patents€ granted,€ while€ just€ the€ top€ ten€ companies€ will€ soon€ account€ for€ 20€ %€  of€ all€ patents€ granted


Right now, more than 40% of all patents are said to have been granted to the top 100 among those awarded. Tough luck, eh? Well, maybe that's just how this system is supposed to work. After all, IBM is happy about it and Microsoft disliked the system (when it was still a small company), later describing itself as an IP champion and singing praises of patents (when it became a monopoly that sneakily gained ownership of other people's ideas).

Glyn Moody shares this new piece which has just been published in The Guardian (UK). Going under "The Manchester Manifesto", the key message expressed there is that "science is shackled by intellectual property"

The myth is that IP rights are as important as our rights in castles, cars and corn oil. IP is supposedly intended to encourage inventors and the investment needed to bring their products to the clinic and marketplace. In reality, patents often suppress invention rather than promote it: drugs are "evergreened" when patents are on the verge of running out – companies buy up the patents of potential rivals in order to prevent them being turned into products. Moreover, the prices charged, especially for pharmaceuticals, are often grossly in excess of those required to cover costs and make reasonable profits.

IP rights are beginning to permeate every area of scientific endeavour. Even in universities, science and innovation, which have already been paid for out of the public purse, are privatised and resold to the public via patents acquired by commercial interests. The drive to commercialise science has overtaken not only applied research but also "blue-skies" research, such that even the pure quest for knowledge is subverted by the need for profit.


Digital Colonisation



Leila Deen and Lord Mandelson
"Business secretary Peter Mandelson is slimed by an environmental protestor outside the Royal Society on Carlton House Terrace, Pall Mall after allegations of 'favours for friends' over the Heathrow third runway decision" [Courtesy of "Plane Stupid", via Wikimedia]



A similar trend seems to be occurring in the field of copyright, which in turn stifles art and creativity. According to this, Mandelson may be violating the Magna Carta (think about the US Constitution for parallels).

Again, the Secretary of State can make anyone do anything, or pay anything, without due process, preserving livelihood, lawful judgment. It's the exact opposite of the 'anything by which any part of these concessions or liberties might be revoked or diminished' being 'null and void and we will at no time make use of it' clause.

I'm not a lawyer, but I'll take the drafting of Geoffrey de Mandeville and the other 24 Barons from 1215 over Peter Mandelson and Sion Simon.

For a thorough legal discussion, read Lillian Edwards post, then sign the petition and join the Open Rights Group.


According to The Register, there may also be a violation of EU law in this particular bill.

The Government's Digital Economy Bill could be in breach of EU laws, according to an internet law expert. Professor Lilian Edwards has also warned that the Bill could make it impossible to operate a free wireless network legally.


Mandelson's Digital Economy Bill is being slammed by Cory Doctorow, who rightly argues that Mandelson defends the analogue age with such an outrageous bill. From The Guardian:

There's a lot to hate about Peter Mandelson's controversial Digital Economy Bill, but there's one provision that perfectly captures the absolute, reality-denying absurdity of the whole enterprise. That titbit is the provision that holds the Bill's most drastic measures in reserve, only to be used if Britain's illegal filesharing doesn't drop off by 70% within a year of the main part of the Bill coming into force.


Also in The Guardian we find this reasonable article about the situation that the British government is in. It is too deep in the pockets of the 'content' industry (Luddites), which treats individual people as "naughty consumers" who deserve to be repressed.

ISPs disagree with content companies and government over where the costs of prevention should fall. Last month, BT and Carphone Warehouse, TalkTalk's parent, estimated policing broadband would cost about €£2 a line a month. The latest estimate from the Department of Business, Innovation and Skills (which is piloting the bill through Parliament) is lower – in the region of €£3 to €£10 a notification (ISPs think the number is closer to the lower of those).


The billionaires behind intellectual monopolies are clearly fighting against the people. They use crooked politicians to get their way. People must unite and fight back against intellectual monopolies, or else we may all return to neo-feudalism, in the digital sense. The ACTA makes it an international issue by canceling borders [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]. ____ * They discovered that patent trolling is profitable too, just like Haliburton found out that war -- not just oil -- can be exceptionally profitable. The "father of patent" trolling, Ray Niro, was a lawyer [1, 2, 3, 4, 5, 6, 7, 8].

Comments

Recent Techrights' Posts

Imposters Inheriting Institutions
Dealing with the "imposter syndrome"
[Meme] The Ponzi Scheme That Eats Rivals (by Paying Them to Stop Competing)
Why compete when you can bribe and defang antitrust authorities?
In 2006 We Had a Novell Problem and Now We Have Several Novells
Microsoft thorns inside the community
Richard M. Stallman (RMS) Debunks Misconceptions About What Free Software Means and Explains How It Works
Free software means people (including users and developers) exercise control over the program, not the programmers
 
Microsoft Has Infiltrated the OSI and Its Moles (Whom It Pays to Speak 'for' OSI) Control the Narrative
This is utterly grotesque
Saudi Arabia and Its Footprint in X/Twitter
a massive proportion of pro-ISIS accounts in Twitter were operated from Saudi Arabia or by Saudi Arabians
Links 12/09/2024: Apple Owes a Lot of Money, Repressions and Censorship of Activists Noted
Links for the day
Anniversaries Coming Up
Probably the funnest year of our lives, and definitely the most productive
In Europe, Vista 11 Grew Only 3% (Relative to Other Windows Versions) This Year
That's a huge problem for Microsoft
Google's YouTube Censorship Has Gotten a Lot Worse and Anti-scientific (for Commercial Reasons)
By today's standards, YouTube is not something RMS can (or would) use
Google Appears to Have Broken Every Single Instance of Invidious. It's a Wake-up Call, Please Stop Uploading Videos to YouTube.
Including videos of Free software events
[Meme] Video Uploads Improved
The tools are all in our self-hosted Git repository and the licence is, as usual, AGPLv3
Apple Event as Fine Example of the "IT" Circus
It's not clear if the enemy of Free software is a company like Apple is simply public ignorance that Apple keeps fostering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 11, 2024
IRC logs for Wednesday, September 11, 2024
Gemini Links 12/09/2024: Clean Island and VCFMW19
Links for the day
Links 11/09/2024: EPO Patents Tossed Out by Courts, Software Patent Reveals Ford "Tech That Listens to Driver Conversations to Serve Ads"
Links for the day
More "Linux" SEO SPAM, Wrapped Up as Clown Computing, Composed by a "Bullshit Generator" (LLM)
linuxsecurity.com at it again this week
"Linux" and Linux.com Diploma Mill
The front page of Linux.com right now is the usual nonsense
Links 11/09/2024: ROOPHLOCH Report, Small Web Experiences, and Cohost Effectively Dead
Links for the day
Links 11/09/2024: Russia Enters Latvia With Drone, Truth Social Stock Crashes
Links for the day
Certificate Authority Let's Encrypt Has Fallen From 12% in Geminispace to Just 1.2% in Two Years (Capsules Usually Self-Sign Their Certificates)
Don't ask the imposters about security
The "IT Industry" is Full of Imposters (It's a Growing Crisis)
They often manage the companies
Richard Stallman Explains Stochastic Parrots (LLMs)
From his latest talk
The Toys of Today's Kids and Coordination Woes, Not to Mention a Lack of Social Skills
Too much time indoors, too much screen time
Dispelling the Notion That Microsoft is Political Left
Microsoft not only got bailed out (several times) by Donald Trump but also approached him to take over TikTok without paying for it
Linus Torvalds, the Son of a Politician, Tries to Stay Out of Politics (or Political Topics)
"I'm just a geek" has its limits in practice
Richard Stallman Still Deals With Politics
Stallman's gonna Stallman
GAFAM Not Invincible
The US has an election very soon and Microsoft is already bribing candidates for deregulation and favours, based on press reports
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 10, 2024
IRC logs for Tuesday, September 10, 2024
The Greatest Show on Earth (Buzzwords Circus)
What next? Being denied medical service because you don't have a Facebook account?
Gemini Links 11/09/2024: Happiness, Improvised Nebuliser, and olden Age of Palm OS
Links for the day
Julian Assange's Father Turns 80 and They Show Themselves in Melbourne
Will he be active in Wikileaks soon?
Slow But Ongoing Mass Layoffs at EPO, Estimates That Nearly Half of the FOs Will be Made Redundant Soon
When you cease to care about validity and quality of patents you're granting why bother with humans at all?
[Teaser] EPO Tightening Its Belt
who didn't see this coming?
Are Lawsuits Over EPO Corruption Next?
Why does the mainstream media not cover it?
Europe's Second Largest Institution, the EPO, Exploits Lack of Oversight to Commit Crimes Every Day
Immunity begets impunity, which in turn begets crime
[Video] Richard Stallman's New Talk in Germany Covers What Free Software Means, Why LLMs are "Bullshit", and Lots More (Web3 Summit 2024 Berlin)
Closing Keynote Day 3 - Dr. Richard Stallman - Web3 Summit 2024 Berlin
Transcript of Latest Public Talk by Dr. Richard M. Stallman (RMS), Delivered Last Month at Web3 Summit 2024 Berlin
quick-and-dirty transcription
Links 10/09/2024: Big Brother Awards Germany 2024 and Telling the Unemployed to 'Drive Uber'
Links for the day
Gemini Links 10/09/2024: DUIs and Useless Analytics
Links for the day
The Peril of the Electronic Frontier Foundation (EFF) Illuminates the Dangers of Founders Leaving or Being Forced Out
Whatever you may think they stand for, you risk being fixated on what they originally were and perhaps what their Web sites still say
Difficult Times at Soylent News
We hope that Soylent News will recover from this
New Article in redhat.com: How to Install Microsoft Windows
That's just about as bad as that sounds...
Crimes of the EPO Are Costing Everybody in Europe
Since virtually everyone in Europe is a user of software (almost nobody is a forest dweller like in countries near the equator), this impacts everybody
OSI's Blog is Still 100% Microsoft-Sponsored Attacks on Free/Open Source Software
OSI is a compromised, defunct body. It exists to serve the enemies of its original mission.
A Decade Ago Things Became So Bad at the European Patent Office (EPO) That Staff Jumped Out the Window During Working Hours
Colleagues saw the suicide; the EPO's response wasn't to tackle the causes but to bolt down the windows (like factories in China installing controversial 'suicide nets')
Red Hat is Suing to Protect From Patent Trolls
Why doesn't Red Hat (IBM) also lobby to eliminate all software patents once and for all?
COVID-19 Ushered in Attacks on Human Rights and Things They Said They Had Introduced Temporarily Are Still in Effect/Operation Today
COVID-19 changed a lot of things
Quitting Academia When Its IT Systems Are Dominated by Clowns Who Outsource
It seems like a common trajectory
Why the Free Software Foundation (FSF) Owning or Renting Office Space Mattered
"In the long term, the FSF needs to own its future office space, but then the deadly risk is that the property ownership becomes the end goal rather than software freedom."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 09, 2024
IRC logs for Monday, September 09, 2024
Free Software Foundation (FSF) Probably Has No Choice But to Shut Down Its Office
Net Income -$686,366
Nearly Two Years After Quitting My Job
My colleagues and I were bullied by managers (grievance complaint got filed) who didn't even know what "Linux" was
Terms of Service (TOS) Under Scrutiny - Part XVIII - In Conclusion
Many activities can be done offline without having to sign anything