06.01.08

Gemini version available ♊︎

Summary of Latest Intellectual Waste

Posted in America, DRM, Europe, Intellectual Monopoly, Microsoft, Patents at 8:34 am by Dr. Roy Schestowitz

Europe and Software Patents

Harmonisation… like the merging of portions of slime

Harmonisation, unlike “contamination” or “pollution”, has a positive connotation. But there is nothing too positive about bringing a system that everyone admits is already broken beyond repair (USPTO) and merging it with one that is still more functional (EPO, among others).

Nevertheless, it is in the monopolists’ interest to force and impose dysfunctional aspects of their own system upon all others. This way, others who live across the Atlantic are equally disadvantaged (“disadvantaged” as in Microsoft ‘Genuine’ ‘Advantage’). And that’s just what McCreevy (also see [1, 2, 3, 4]) appears to be striving to achieve. [via Digital Majority]

The May agenda takes up a number of problems. For starters, the E.U. wants to draw a road map for harmonizing patent law. Progress could be slow, however, because U.S. reform has bogged down in Congress and the European Commission may not have the legal right to amend the European Patent Convention.

Later on, the same folks could travel across the pacific to achieve similar things. Australia and Japan have already been defeated as far as software patents are concerned.

Community Patent… against the free software community

Nicolas Sarkozy’s strong sympathy towards intellectual monopolies [1, 2, 3, 4, 5, 6, 7, 8] has not been noted for a while, but have a quick look at this new article. [via Digital Majority]

EU hopes for Community patent under French Presidency

[...]

“If there is enough political will, I am confident of having a solution soon, maybe even under the French Presidency,” Vijzak stated.

Much like “harmonisation”, “community” sounds as though it’s a positive thing. This is seemingly about togetherness and happiness, but in reality it’s something altogether different. “Open XML” is a recent case of naming something for better reception (or blind acceptance). There are many more such examples.

“”Open XML” is a recent case of naming something for better reception (or blind acceptance).”Remember, for instance, that Microsoft ‘advertises’ the DRM features in Windows Vista as ones that apply only to “premium content”, but this hides the fact that all content is intended to fall under this category one day. The misuse of words like “advantage”, “premium”, “trusted”, “secure” and “open” are nothing new and they mustn’t lead to the deception that their repetitive use is supposed to achieve. Conversely, there are words like “criminals”, “thieves”, “pirates”, “terrorists”, “hackers” (meaning already deformed), etc. which are merely serving an agenda of daemonisation; expect them to be foolishly echoed in conferences and the media.

Prior art… when there’s no real ‘art’ at all

The sad news from the UK, regarding software patents to be specific, continues to be followed by reports that demonstrate a degree of sanity. Here is one such example that is new.

UK business method patent struck out

[...]

The patent (number 2,171,877) relates to a method of making pre-paid telephone calls that is available for use from any telephone, and t[he] hardware for doing so.

In a ruling dated May 23, His Honour Judge Fysh (sitting as a High Court judge) found the patent invalid on the grounds of obviousness – based on a study of the prior art – and excluded matter under Article 52 of the European Patent Convention.

Overall, it means that the juridical (legal system) is more rational than the lenient patent office (imaginary property system), which probably accepts applications because it is more profitable. The cost is later paid by those who are hit by frivolous lawsuits. The burden is passed to victims and revenue sunk in lawyers’ bank accounts. It’s quite a funny mechanism.

DRM Everywhere, Possession of Universally-accessible Media a Crime

That ugly thing called ACTA [1, 2] is the antithesis of the Declaration of Independence. The following pattern of criticism possibly explains just why.

Criticism from NGOs

Canadian law expert David Fewer, staff counsel at the University of Ottawa’s Canadian Internet Policy and Public Interest Clinic, told the Ottawa Citizen that the discussion paper was very close to a potential Christmas wish-list by Hollywood companies.

Knowledge Ecology International (KEI), in an earlier statement filed to USTR, warned against a lack in differentiation and clearness of core terms, like counterfeiting, infringement or piracy. “Is Microsoft a “pirate” for insisting on the right to continue to infringe the z4 patents in order to use an infringing DRM technology to protect Microsoft software itself from infringement by unauthorised uses?” KEI asked in its statement.

In this particular context, consider again the old sins of the British Library, which seems like a hostage of Microsoft nowadays, if not just its cheerleader [1, 2, 3, 4, 5, 6]. This article is not new, but it is timely and it is excellent.

The British Library – ‘The world’s knowledge’ DRM’d and for a price

[...]

DRM is part of the plan, and I encourage you to read the entire Microsoft document. It would make my grandmother roll over in her grave. Some of the librarians at the British Library are deeply troubled too about what DRM is doing to libraries. How will we access the materials if the DRM company goes out of business someday?

If they duplicate what they have done at the British Library, I think it’s fair to say that it is the death of public libraries as we have known them, and the world’s knowledge will be available only DRM’d and for a price.

P.S. DRM doesn’t work.
It won’t block any serious criminals.
All it does is annoy and degrade the honest
… and give monopolies a way to stay that way.

Troll-Eat-Troll World

The verdict on Alcatel-Lucent and Microsoft is already in. These long legal battles between the two companies [1, 2, 3, 4] have the latest infringement claims detailed.

Microsoft Corp. violated an Alcatel-Lucent patent to produce its Xbox video-game player, a lawyer for Alcatel-Lucent told jurors who are considering a demand for $419 million in damages.

“They’ve taken” the patent “and made millions and millions of dollars,” John Desmarais, a lawyer for Alcatel- Lucent, said to the jury.

[...]

A jury in the same court decided last year that Microsoft’s Windows Media Player infringed patents for the MP3 digital-audio standard and awarded Alcatel-Lucent a record $1.52 billion in damages. Senior U.S. District Judge Rudi Brewster vacated that verdict, now under appeal.

In the second trial, another jury concluded April 4 that Microsoft should pay $368 million to Alcatel-Lucent for infringing two patents.

There is meanwhile a warning that patent trolls may be set to attack PaaS.

If the advent of PaaS stirs up a plague of patent trolls to resurrect long-dead patents and bring suits against providers or users it could become a nightmare for the nascent industry. The providers who suffer most will be those based in countries that enforce business methods patents most rigorously: the United States, Australia, Japan and Singapore, according to Wikipedia’s article on the topic. In contrast, “patent protection for business method patents in Israel, China, India, Mexico, and most of Europe is difficult.”

Deep inside, Microsoft has always known this was a recipe for trouble. That realisation had emerged even before it became a monopoly. What an iintellectual waste.

“If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today.”

Bill Gates

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

A Single Comment

  1. freanix said,

    June 9, 2008 at 3:48 am

    Gravatar

    “The cost is later paid by those who are hit by frivolous lawsuits. The burden is passed to victims and revenue sunk in lawyers’ bank accounts. It’s quite a funny mechanism.”

    I wouldn’t call it “funny.” I’d call it perverse.

DecorWhat Else is New


  1. Links 28/9/2021: New Fedora Beta and LibreOffice's 11th Anniversary

    Links for the day



  2. [Meme] Joining Red Hat After Jim Whitehurst Left

    The screenshots above are minutes old; insiders don’t think too highly of long-term careers at Red Hat (the latter seems to be the same person as the former)



  3. IPFS: The Good, the Bad, and the Exceptionally Ugly

    A personal and occasionally arduous experience with a whole year of IPFS; it may come across — on the surface at least — as an unconstructive rant, but IPFS is still a promising technology, albeit it has severe limitations that need to be properly understood (some can be technically overcome, too)



  4. Links 28/9/2021: GnuCash 4.7 and SuperTuxKart 1.3 Release

    Links for the day



  5. IRC Proceedings: Monday, September 27, 2021

    IRC logs for Monday, September 27, 2021



  6. Links 28/9/2021: Inkscape 1.1.1 and 4MLinux 37.1 Release

    Links for the day



  7. “What the Heli, Battistelli?”

    "Ms Pyjamas" (Heli) and Ms Bergot, a notoriously "strong lady" (for marrying the 'right' man?)



  8. When It Comes to UPC, EPO is Still Stuck in Pre-Brexit Mindset (More Than Half a Decade in the Past)

    The sheer lunacy of Team UPC is up on display and the EPO links to a “webinar” from 5.5 years ago; they’re still living in a fantasy world



  9. Links 27/9/2021: Q4OS 4, Windows Breaks Itself

    Links for the day



  10. [Meme] Route de France

    At the EPO, facts catch up with you



  11. [Meme] Tech Companies: No Friends of Women

    Just another reminder that companies like IBM do not actually care about women; they are misusing genuine feminism for corporate objectives



  12. Links 27/9/2021: OpenSSH 8.8, Martine OS 2.0 and Airyx 0.2.2 Reviewed

    Links for the day



  13. GNU Turns 38 (Midday Today or 12:35:59 EST) and RMS Talks to Polish Medical Professionals This Evening

    Today GNU turns 38. Last week over 5,000 people watched the RMS talk in Ukraine using our WebM version of it; in a few hours RMS will speak in Poland and we’ll try to find a stream if one becomes available (we shall update this page).



  14. IRC Proceedings: Sunday, September 26, 2021

    IRC logs for Sunday, September 26, 2021



  15. Links 27/9/2021: Librem 14 Reviewed, Linux 5.15 RC3 is Out

    Links for the day



  16. Links 26/9/2021: GNU Wget2 2.0.0 and MenuLibre 2.2.3 Released

    Links for the day



  17. How Basic Laws and Fundamental Rights Got Crushed in the European Patent Office

    Our next series will show the sheer hypocrisy of the EPO, hiding behind the veil of (patent) law while so shamelessly violating just about every law in the books without facing any form of accountability



  18. Regrettable Acts of Self-Harm: OpenMandriva and Mozilla Being Outsourced to Microsoft Proprietary Software and Monopoly

    In another blow to software freedom, OpenMandriva and Mozilla decide to abandon their own systems and use proprietary software from Microsoft instead



  19. Links 26/9/2021: Mozilla Spends on PR, OpenMandriva Outsourcing to Microsoft

    Links for the day



  20. IRC Proceedings: Saturday, September 25, 2021

    IRC logs for Saturday, September 25, 2021



  21. Links 25/9/2021: GNU/Linux Recognition in Mainstream Media and Wine-Staging 6.18

    Links for the day



  22. Reminder: GNU Turns 38 This Monday Around Midday (When GNU's Founder Gives Talk in Poland)

    With media and Torvalds speaking again about anniversaries (this has gone on for the past week because Torvalds wrote about it yet again), it is important to recall the announcement that got the ball rolling and basically started it all (the GNU/Linux operating system) because it was in 1983, not 1991. We reproduce in full the announcement.



  23. Links 25/9/2021: Wine 6.18 and Chromium Complier Woes

    Links for the day



  24. [Meme] When the EPO Watches Everything ('Dissidents', Media, Etc.) and Isn't Being Watched by Anybody

    The EPO is taking Europe for a wild ride; Everything is a vehicle for the very same agenda, with nobody left to hold it accountable or ask any tough questions… (even the media is in the EPO’s back pocket or back seat)



  25. Virtual Oversight

    “eMeetings” that simulate an impression of oversight are like ‘ViCo’ to simulate access to justice; will that ever change and will oversight be restored at EPOnia, Europe’s second-largest institution?



  26. The Corporate Coup Against the Soul of the Free Software Community Is Not Over

    The erosion of community role in the development of GNU/Linux is a growing problem; part of the problem is that large corporations target technical and philosophical (perceived) leaders in coordinated smear campaigns, led by media they own



  27. IRC Proceedings: Friday, September 24, 2021

    IRC logs for Friday, September 24, 2021



  28. Links 24/9/2021: GNU Coreutils 9.0, BattlEye GNU/Linux Support

    Links for the day



  29. [Meme] 'Linux' Foundation is Greenwashing Microsoft Again, Misusing the Linux Brand Like Nobody's Business

    Microsoft has weaponised the Linux brand to dub a toxic company like itself (helping notoriously polluting companies and generating lots of waste, both directly and through planned obsolescence, inefficient software, DRM, etc.) as "green"



  30. Richard Stallman to Speak (in Person) in Poland, Dedicate the Talk to Medical Professionals

    Days after his talk in Ukraine Richard Stallman plans to do the same in Poland (just announced)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts