Bonum Certa Men Certa

ACTA Booster Luc Pierre Devigne Redefines Open Standards (With Software Patents Included)

Luc Pierre Devigne



Summary: The European Commission turns its back on open standards that anyone can accept; ACTA and the Digital Economy Bill show a legal land grab by corporations

WE live in interesting times when constitutions are being blatantly violated and overridden. Lobbyists play a role on behalf of companies whose embrace of our laws that defend us is proving rather deadly. This post is not about the imbalanced patent system that mostly protects monopolies; this time it's about open standards being polluted with software patents, even in Europe. A Red Hat employee presents some details (it is his personal interpretation, not Red Hat's stance):



For years and years I am using and promoting the term Open Standards. And it has always been very clear what an Open Standard is and, more important, what it is not.

You can go through various defintions of Open Standards:

* Free Software Foundation Europe * European Interoperability Framework (v1) * Digistan * Danish Parliament * Bruce Perens

And no matter what differences you find in those definitions, they all agree on some crucial points, the most important being the freedom to use and implement the standard without having to ask for permission or having to pay license fees for the use of an Open Standard.

[...]

If you agree this far, pay special attention to this:

Currently, the Chinese companies using technologies detained by European companies are not allowed to enter into negotiations on the amount of royalties due to the latter, when they use their essential patents in the framework of open standards. The situation is highly detrimental to European companies and their complaint has been reflected in the European Chamber of Commerce in China (EUCCC) – IPR Working Group’s Position Paper 2005. The Commission therefore urged the Chinese government to take action in order to ensure that those royalties are duly paid by Chinese companies.

Hartmut Pilch from FFII pointed my attention to this and added some valuable comments here.

Bottom line is – DG Trade, represented by Mr. Luc Pierre Devigne, seems to use the term Open Standards in a way that is simply not compatible with the accepted definition of Open Standards. Royalty payments on Open Standards can simply not exist in my view.


So...

Who have we here? It's a buddy of ACTA lover Pedro Velasco-Martins. Luc Devigne and other ACTA boosters can be found in conjunction in an old report which we mentioned in this post. At least we manage to identify people who are fundamentally against the people whom they represent and instead promote the agenda of large corporations with intellectual monopolies.

As a reminder, Europe overwhelmingly rejects ACTA, whereas the US loves it [1] and here in the UK we have the complementary Digital Economy Bill trying to sneak its way into law [2, 3, 4, 5]. Our constitutions are being stomped on. _____ [1] Europe trashes ACTA as Obama praises it

Earlier this week, we noted that the major parties in the European Parliament had all agreed on a resolution trashing the Anti-Counterfeiting Trade Agreement (ACTA) and the secret process that has been hashing it out. That resolution has passed Parliament by a huge margin—633 yes votes, 13 no votes, and 16 abstentions.

The Greens/EFA coalition praised the vote. Greens MEP Carl Schlyter of Sweden said that "ACTA risks becoming known as the Absence of Commission Transparency Agreement... The EU cannot continue to negotiate on ACTA if the people are not allowed to take part in the process. It is also a totally absurd and unacceptable situation if MEPs, behind closed doors, have to ask the Commission about the content of the agreements we are supposed to vote on."


[2] Lib Dems to change their amendment to the digital economy bill

The Liberal Democrats are preparing to change their controversial amendment to the digital economy bill, which has its third and final reading in the House of Lords on Monday.

The change would give sites blocked under the bill the power to challenge it in the courts, and to demand legal costs and damages from any copyright owner that caused it to be wrongly blocked through court procedings.

But the Open Rights Group, which campaigns on digital rights and freedoms, said that the amendment would not solve deeper problems with the bill – which may be rushed into law with barely any debate in the Commons – and called for it to be abandoned.


[3] Wanted: a Groundswell of Massive Opposition

Last week I wrote about the great news on the ACTA front, but sadly that's just one battle we need to win. Another is against the insanely retrogressive Digital Economy Bill – an ironic name if ever there were one, given that it seeks to impose the old rules of the *analogue* economy on the digital world. As such, it is likely to have a huge negative impact on companies using the Internet (that is, anyone in business not still using the abacus.) [...]

That handily maps out is how we can stop the Bill: by creating that “groundswell of massive opposition”. What I think we need to do is to make it clear to our MPs is how the music recording industry just expects them to roll over and accept the Bill as is, rather than to carry out their parliamentary duties and to examine it and amend where appropriate. We need to get across the fact that this Bill is not incidental, but will determine the economic and social landscape for this country in the next few years; as such, it needs to be drafted carefully, not thrown together at the last minute.


[4] Lords pass controversial internet piracy bill

Legislation to tackle internet piracy, including bans for illegal file-sharers, has been passed by the Lords.

The Digital Economy Bill is now expected to be rushed through the Commons before the general election.

Peers had earlier rejected a bid by ministers to include wide-ranging powers over future online piracy law.


[5] BPI Says That UK Spies Are Against Digital Economy Bill

The debate over the Digital Economy Bill in the UK (the attempt to ratchet up copyright law to repay favors to an entertainment industry that is slow to adapt) has taken an odd twist. Cory Doctorow over at Boing Boing has the details of a leaked memo from the BPI (pdf) to a bunch of recording industry execs and lobbyists, that details the state of the bill and the ongoing strategy for getting it approved. There are a few items worth noting:
1. The BPI seems to think that the UK intelligence community is now the biggest threat to stopping the bill. Seriously. Apparently, UK spies are afraid that passing this bill will drive a very large number of people to switch to using encrypted internet tools, making it that much more difficult to spy on them.


Recent Techrights' Posts

[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
Wikileaks' Julian Assange: Exposing the US Military Crimes
20 Years Passed, Let's Go Even Faster Now
We are hoping to bring more original stories
Windows Lost Almost 92% Market Share in Egypt
From over 99% to just over 7%
 
Microsoft Layoffs, Mass Plagiarism, and More
outrage included
GNU/Linux Climbed 0.25% This Month (in statCounter)
Around midday on Tuesday we'll start seeing preliminary data for July
Ilya Gulko Introduces Pollyanna
"Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
looking to raise funds at the same time as the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 29, 2024
IRC logs for Saturday, June 29, 2024
Links 29/06/2024: Astronauts at Risk, Ukraine Updates
Links for the day
Fedora and Red Hat Leftovers
mostly redhat.com
Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
Notice the title and the image, what's being promoted etc.
Seychelles: GNU/Linux Doing OK
Seychelles cannot be considered poor
Gemini Protocol Isn't Even Remotely "Dead"
"Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
About 10 New Free Software Foundation (FSF) Members Per Day
The total changed from 46 to 47 while typing the article
Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
This is not happening only in Germany
Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
It uses buzzwords where none are needed
[Meme] Garbage In, Garbage Out (linuxsecurity.com)
It is neither Linux nor security, just chatbot-generated slop
Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
linuxsecurity.com became an anti-Linux spam site
Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
retaliatory layoffs at Microsoft
Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
Links for the day
In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
Not even counting Chromebooks
LibrePlanet: Cultivating Backups (of Recordings)
an appeal to recover some of these talks
Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
Taking full history into account, this is a decrease of over 90% in some cases
Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
"the "smiling faces" behind it."
Android at 90% or More in Chad
Windows below 2%
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
Julian Assange's life inside the Ecuadorian embassy
Neil Plotnick on GNU/Linux in the High School Classroom
uploaded to the LibrePlanet instance of MediaGoblin
Asia Appears to be Fastest to Adopt GNU/Linux
the home of a considerable majority of the world's population
Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
in spite of technical difficulties encountered while recording
What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 28, 2024
IRC logs for Friday, June 28, 2024
Links 28/06/2024: Kangaroo Courts and Patents Spam, EFF Still Fighting for CPC's TikTok (a Digital Weapon)
Links for the day
Links 28/06/2024: Overton window and Polarization
Links for the day
[Meme] In 50 Years...
Microsoft's Vista 11 will take 50 years to be fully adopted
Only About 1 in 8 Russian Windows Users is Using Vista 11
it looks like over the past 12 months Vista 11 hardly grew and it remains very low at around 12% of Windows usage in Russia
Links 28/06/2024: More Attacks on the Press, More Censorship in Russia
Links for the day
Gemini Links 28/06/2024: Christmas Prematurely, Self-hosting
Links for the day
IBM: So Long, Suckers. Your Free OS is Now Proprietary. Pay IBM or Else.
almost exactly a year after turning RHEL into proprietary software
Vista 11 is Doomed and Despite Lack of Adoption Microsoft Already Speaks of Vapourware ("12")
"Microsoft has pulled a Windows 11 update after users reported boot loops and startup failures."
ChromeOS Reaches Highest Share in Years at the World's Most Populous Nation, Windows Now at All-Time Low of 13%
We're talking about India today
[Video] "It Is Incredible That Julian Assange Survives"
There was a positive and mutual relationship between Wikileaks and Dr Jill Stein
Never Assume That Because the Law Exists the Powerful Will Follow the Law
Who's going to hold them accountable now?
Nearly a Month Has Passed and Nobody at the Debian Project Even Attempted to Explain What Seems Like Back-dooring of Debian (and Hundreds of Distros That Are Debian-Derived)
I can cynically guess that only matters when a user with a Chinese name does it
[Video] Julian Assange Explains Wikileaks' Logistics
predating indefinite detention
IBM Was Never the "Good Guy", Just a Self-Serving and Opportunistic Money- and Power-Hungry Monopolist, Living Off of Taxpayers' Money (Government Contracts)
The Nazi Party of Germany was its second-biggest client at one point and now it's looking to profit from the work of slaves
"I Hated Working at IBM. They Were the Most Unfriendly People."
Don't forget what Watson the son did to a poor woman on a plane
State of the News (and Depletion of Journalism Online, Not Just Offline)
Newspapers are not coming back and the Web is not coming back either
GNU/Linux Consolidates in North America
Android rising a lot this year, too
[Meme] More Monopolies Granted While Patent Examiners Die (Overworking for Less Compensation)
Work more; Get less
Staff Union of the EPO (SUEPO) is Taking the New Pension Scheme (NPS) to an International Tribunal (ILOAT)
SUEPO wants more EPO staff to participate in collective action
Stella Assange and the Legal Team Speak to the Media a Day After WikiLeaks Founder Julian Assange Arrives in Australia
Published yesterday by a number of mainstream publishers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 27, 2024
IRC logs for Thursday, June 27, 2024
RIP Daniel Bristot de Oliveira, Red Hat death
Reprinted with permission from Daniel Pocock