THE GREAT REPRESSION that occurs these days (partly owing to intellectual monopolies) has spurred strong -- but by all means tongue-in-cheek -- remarks from the FFII's president, who says that "Swedish Patent Trolls were meeting in Stockholm, slides online, we need ACTA to send Microsoft and Linus to jail"
During the last couple of years intellectual property rights has grown in significance. Society has shifted. Intellectual property rights have come into focus in a way that we haven’t seen before.
The agreement between the European Commission and Microsoft announced last Wednesday did not mention "Free Software" by name. There is no corporation or partnership by that name, at least not officially, though up until the resolution of the dispute last week, there had been occasional hints from outgoing Commissioner for Competition Neelie Kroes that any agreement with Microsoft must take "free" into account, almost as though it were "Free Software, Ltd."
It's a very serious issue for many European developers, as Free Software had been treated as a worthy-of-all-caps entity in drafts of the European Interoperability Framework from last year. But recent discussions on revising the EIF have included suggestions from many sources, including a controversial one from the Polish government, that strike references to Free Software as a legal entity, especially as one that deserves equal protection as a limited legal body.
Thus the omission of reference to FS or FOSS from last week's agreement drew a harsh warning from Free Software Foundation Europe (FSFE), one of the only entities to criticize the agreement for legal, as opposed to technical or operational, reasons.
But all such things really do is encourage more patenting, but less actual innovation. That's because the tax rate on actual innovation -- actually bringing these products to market successfully -- remains significantly higher. So, if you do any research at all, you have every incentive in the world to try to just gain income from the patents directly (such as by threatening any company that actually does any innovation and demanding licensing fees) rather than doing the work of actually implementing the product yourself. After all, that's exactly what the government is telling you to do. It's saying that if you actually produce an innovative product, we'll tax you at a very high rate.