Patents Roundup: Intellectual Monopolies Versus Life and Versus Software Development
- Dr. Roy Schestowitz
- 2010-06-12 12:49:54 UTC
- Modified: 2010-06-12 12:49:54 UTC
Summary: Patents on human life and on a breast cancer gene continue to jeopardise the legitimacy of the patent system (more so than ludicrous software patents, i.e. maths monopolies)
●
Legal fight over breast cancer gene
Landmark legal action challenging a patent over breast cancer gene BRCA1 is being launched in Australia today.
●
The Ethical And Legal Problems Of Having Patients Sign Over The Copyright On Doctor Reviews
About a year ago, we wrote about the really troubling concept pushed by a group called Medical Justice, which tries to "protect" doctors from negative reviews online by having them demand that patients hand over the copyright on any future reviews they might write. As we noted at the time, this was an attempt to completely abuse copyright law, way beyond its intended purpose -- though we wondered if it would actually work.
[...]
Separately, Jason Schultz points out that this whole scheme appears to violate basic medical ethics rules. He points to a particular rule:
Under no circumstances may physicians place their own financial interests above the welfare of their patients. The primary objective of the medical profession is to render service to humanity; reward or financial gain is a subordinate consideration. For a physician to unnecessarily hospitalize a patient, prescribe a drug, or conduct diagnostic tests for the physician's financial benefit is unethical. If a conflict develops between the physician's financial interest and the physician's responsibilities to the patient, the conflict must be resolved to the patient's benefit.
How does that apply here? As Schultz explains:
Since the main concern of Medical Justice appears to be preventing harm to the physician's reputation (and thus financial interest), forcing patients to assign away their copyrights in exchange for medical care strikes me as close if not over this line. It certainly is not putting patients first. When a patient goes to see a doctor, they are often anxious, in pain, or worried and thus in a very psychologically vulnerable position, or what the law often calls a position of "duress" where they will often sign documents without giving them proper consideration. This hardly seems to me to be a fair time to demand they assign some unknown number of future copyrights to their doctor; instead it feels like a huge power grab by the physician.
When you create draconian copyright laws that include free speech removing notice-and-takedown provisions, don't be surprised when people abuse it for other purposes, well beyond the intent of copyright law.
●
Gibson, Curtis, PepsiCo: Intellectual Property [
via]
Gibson Guitar Corp. settled its patent-infringement claims against Viacom Inc., Electronic Arts Inc. and retailers over the “Rock Band” music-video game, according to court filings.
The companies told Magistrate Judge Juliet Griffin on June 4 “that they had reached a full settlement” and plan to seek dismissal of the case by June 14, according to a filing in federal court in Nashville, Tennessee. Terms weren’t disclosed, and Viacom and Electronic Arts had no immediate comment.
●
Solo, Hillenbrand, Wal-Mart: Intellectual Property
Wal-Mart Stores Inc., the world’s largest retailer, was sued for patent infringement for its alleged use of a vehicle position-tracking and communication system.
Recent Techrights' Posts
- Techrights Should be Even Faster Now
- We're now better off
- Richard Stallman (RMS) Gave 3 Talks in India in Less Than a Week
- In India this month we've not seen a single negative comment about RMS
- Microsoft Mass Layoffs Without Severance Pay Reported Hours After Microsoft Reported Weak Numbers and Microsoft Stock Fell
- Microsoft has a bloodbath this month
- Another Slew of Fake Articles About 'Linux' and 'Security' From Brittany Day at linuxsecurity.com (Spamfarm/Slopfarm)
- linuxsecurity.com is basically a pariah and parasite. It lessens the incentive to write real articles about "Linux" by generating fake ones to outrank the originals.
-
- Microsoft Staff Explains How Microsoft Swindled Employees and Avoided Paying Out Severance Pay (Microsoft Hasn't Much Money Left in the Bank)
- This is a classic way to avoid paying workers
- "Not one of us" by Dr. Andy Farnell
- Elon Musk has brought embarrassment to nerds and technologists
- Gemini Links 31/01/2025: "Bulletin Buble" and "Why Blog?"
- Links for the day
- Static Site Generators (SSGs) Pay Off: Vastly Faster Sites, Much Smaller Hosting Bills
- success story for SSGs
- Of Note: Linux Foundation Has Already Let Linux.com Rot for About 4 Months (No Activity)
- there's no campaign aside from marketing spam there
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Thursday, January 30, 2025
- IRC logs for Thursday, January 30, 2025
- Indian Data Biases statCounter For or Against "Linux"
- In statCounter, the GNU/Linux increases and decreases are deeply tied to what it does with data collected in India
- The Corporate Media Pretends That Facebook ("Meta") Has Performed Well, But Its Debt Doubles Every 2 Years Despite Mass Layoffs
- That same media also helps parrot misleading financial claims
- Microsoft's Debt Surged by More Than 6,000,000,000 Dollars in Just 3 Months
- numbers released hours ago
- The Sheer Irony of Microsoft Proxy Accusing Others of 'Stealing'
- Wherever DeepSick's data came from, Microsoft (or its proxy) is in no position to issue criticism.
- The Difference a Decade (and GAFAM Money) Makes
- Credibility cannot be purchased
- [Meme] The Free Software Foundation (FSF) Has Critics Because Its Message is Effective
- Applying to others the same standards one is willing to violate?
- The Free Software Foundation (FSF) Raised $422,000 (Another $22k in the Two Weeks After Campaign Ended), Proving That Truth and Justice Tend to Find a Way
- 10,000+ dollars a week even without campaigning for more funds
- Faking Revenue Increase by Buying Your Own Products and Services (Through Scams and Scammers Like Scam Altman)
- Is this what society deserves? Media that instead of exposing corruption has chosen to participate in it and profit from it?
- Links 30/01/2025: Fentanylware (TikTok) Causes Deaths, FBI Seizes Domains
- Links for the day
- Gemini Links 30/01/2025: Action vs Inaction, Gopherholes, and More
- Links for the day
- Links 30/01/2025: Microsoft Wants Convicted Felon to Give Fentanylware (TikTok) to It (After Making a Phonecall Asking for That in 2019), "Moving Away From Google's Ecosystem"
- Links for the day
- Jack M. Germain (LinuxInsider) Seems to Have Turned to LLM Slop, Graphics Slop, and B2B SPAM
- LinuxInsider is barely active anymore
- Links 30/01/2025: Amazon Layoffs and DeepSeek Panic
- Links for the day
- Gemini Links 30/01/2025: Chaos Reigns, E-mail, Searching
- Links for the day
- IBM: Many Thousands of Layoffs in 2025
- If 2025 is expected to be the same, then perhaps about 20,000 IBM workers will no longer be there
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Wednesday, January 29, 2025
- IRC logs for Wednesday, January 29, 2025
- Google: Your Only Option is Google YouTube (Coming Soon: Mandatory DRM and Attestation?)
- Digital Restrictions (DRM) to follow? Only for "approved" (attestation) browsers?
- Mastodon Was Always Biased (Just Like Twitter After Abandoning Chronological and Neutral Timelines in Order to Become More Like Facebook)
- So bury-brigading and click-farming control what people see
- Certificate Authority Let's Encrypt Falls to Only 0.4% of the Total in Geminispace
- Geminispace does not need to outsource trust
- The Munich-Based EPO is Still Using a Platform That Promotes the Far Right and Rehabilitates Nazism
- Active Twitter account
- Links 29/01/2025: Dismantling Public Health in the US, Air Busan Plane Up in Flames (South Korea's Air Disasters Streak)
- Links for the day
- Announcements and Administrivia
- This week we're going out for two days in a row to celebrate an achievement that's very respectable
- Gemini Links 29/01/2025: Japan, GTD, and More
- Links for the day
- Sir, Yes, Sir. The Life of EPO Patent Examiners.
- If working for the EPO makes it harder to sleep at night, take action
- How the EPO Pressures Staff Into Minting More Monopolies (Patents), Even Illegal Ones That Harm Europe and Ultimately Dismantle the Rule of Law
- insights into the pressure examiners are under
- LLM Slop Machines Are Not a Win for "Open Source" and If They Get Cheaper, It's Even Worse
- If some program that claims to be "Open Source" pollutes the Web with fake articles (Microsoft SPAM and fake "Linux" articles), whose win is it?
- Links 29/01/2025: Data Privacy Day and Growing Tensions in Europe
- Links for the day
- Nazi Twitter (aka "X") Became a Troll Site That Lets People Buy a Blue Tick While Its Boss Actively Promotes Neonazi Politicians
- the intellectual level of people who infest the Web through "Twitter" or "X"
- This is Why They're So Afraid of Richard Stallman (He Tells People the Correct History)
- Then they post about it to Microsoft's LinkedIn
- Richard Stallman Speech in Bengaluru, "Silicon Valley of India"
- 62 years have passed since his "young nerd" days and he's still at it
- Claim: Facebook Deletes Posts of IBM Red Hat Critics
- As always, follow the money (advertisers)
- Links 29/01/2025: Climate Crisis and "It’s time for the Xbox to fade away" (Microsoft Lose)
- Links for the day
- Links 29/01/2025: Buying Groceries During a Trade War, Political 'Retro'
- Links for the day
- More Illegal Patents at the EPO, Legality of Granted European Patents No Longer Matters to the Office
- breaking the law for profit
- Network Improvements Tomorrow
- "Network maintenance" down in London
- Sharing is Caring (But Advocating Copyleft Makes You a "Target")
- GPLv3 does not close all the loopholes which the "Affero" helps close
- Articles About Free Speech at Facebook
- 'Facebook vs Linux' story is now receiving a lot more media coverage
- We Were Right About stallmansupport.org Making an Error by Joining Social Control Media. mastodon.social Suspends stallmansupport.org.
- From what we can guess, accounts can be banned by some oversensitive admin or a mob of users ("bury brigades")
- "Latest Technology News" in BetaNews Still LLM Slop and SPAM Composed by LLMs (It's Basically a Spamfarm Disguised as a News Site)
- Only a fool would visit BetaNews in search of actual news
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Tuesday, January 28, 2025
- IRC logs for Tuesday, January 28, 2025
- The EPO's Corruption, If It Remains Untackled, Helps the Far Right and Enemies of European Unity/Solidarity
- Do not negotiate with evil
- The Web, Including Wikipedia, Gets Filled With Lies About Bill Gates, Added by Bill Gates and His PR Team
- Of course Wikipedia is funded by Gates
- Facebook Banning Linux Sites (or People Who Link to Linux Sites) is Another Symptom of the Web's Demise
- The state of media on the Web is really bad; Social Control Media amplifies the badness, as Facebook serves to show
- Gemini Links 29/01/2025: Neovim Telescope and Writing Less
- Links for the day