07.01.08

Gemini version available ♊︎

Microsoft Proxies and Software Patents in Europe

Posted in Bill Gates, Europe, Law, Microsoft, Patents at 6:30 am by Dr. Roy Schestowitz

Europe

According to Digital Majority, CompTIA [1, 2] may be joining the push of other Microsoft pressure groups such as ACT. It’s part of a broad push for destruction of the European patent system though assimilation to a broken system — the USPTO. As the Los Angeles Times put it yesterday:

The U.S. patent system is not working. It stands accused on all sides of stifling innovation instead of nurturing it. Some critics say the system is fundamentally wrecked, others that it can be fixed.

In this new book, “Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovation at Risk,” economist James Bessen and law academic Michael Meurer show that the system no longer provides predictable property rights. They go on to offer solutions based on empirical evidence from history, law and economics.

[...]

While making these criticisms, however, the authors ignore that the fault may lie with the appointment of judges who are unfamiliar with patents to hear patent trials.

We previously saw strong criticism over inappropriate appointment of judges, which challenged this system’s integrity in the more severe of ways.

Moreover, Roberto Galoppini writes about the ever-spineless WIPO [1, 2, 3, 4, 5, 6, 7, 8, 9] that merely serves large corporations which sponsor it. And yes, it’s that notorious “harmonisation” effort (should be called "contamination" really).

After a hiatus of three years, the WIPO Standing Committee on the Law of Patents (SCP) met for its 12th session on June 23, 2008 to June 27, 2008. Given the collapse of the talks to initiate a Substantive Patent Law Treaty (SPLT) to harmonize patent law with respect to prior art, novelty, inventive step and grace period, even the most prescient of WIPO watchers were at a loss in prognosticating the outcome of the WIPO SCP.

Why the mystery and the secrecy? ACTA comes to mind as an analogous and very recent case [1, 2, 3, 4, 5, 6]. And speaking of which, mind yesterday’s news about BT becoming a copyrights cop:

BT to cut off file-sharing customers

[...]

This follows a similar move by Virgin, which earlier this year joined forces with the BPI on an ‘education campaign’ aimed at those sharing copyrighted files.

[...]

ISPs have been under pressure from the government to work with the music industry in targeting illegal file sharers this year. Ministers have even threatened to introduce anti-filesharing legislation if a solution is not reached.

What happens if people get disconnected after incorrect judgment? Would there be compensation? Who pays for BT’s additional burden? How can CC-licensed and Free art be set apart from copyrighted one?

Looking ahead, might this be the beginning of something more widespread? Will ISPs ever disconnect people for mistakenly watching copyrighted videos on YouTube? Bill Gates admitted doing so a couple of years ago.

Similar questions are being raised by various critics of the policy. See for example:

America

Acacia and Microsoft are no strangers [1, 2, 3, 4, 5, 6, 7, 8, 9, 10] and the extortion crusade surely continues. [via Digital Majority]

Acacia Research Corp. announced that its subsidiary, Credit Card Fraud Control Corp., has entered into a non-exclusive patent license and settlement agreement with SPG Solutions, covering a patent that applies to fraud protection technology.

Also of interest is the following nugget of information that cannot be repeated often enough.

Surveys regularly find that computer programmers are opposed to patents on software by a wide margin. In what other field is the class of inventors so opposed to patents?

Yesterday we wrote about the problem with giants banding together against software patents or patent trolls. It’s not a solution but a convenience that applies only to affluent few. This is clearly not the way to go.

You may remember a while back I wrote about Vocaltec selling some of its patents to what appears to be a firm that will become a patent troll.

[...]

The end result of these moves is likely going to be a bidding war for patents. On the one hand there will be VC money fighting to buy patents and on the other it will be Allied Security Trust.

If anything, this environment will make it more lucrative for companies with valuable patents to sell. This new battle will certainly be interesting to watch.

It seems as though intellectual monopolies are therefore elevated rather than buried, especially where they are not worthy of consideration in the first place.

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.

DecorWhat Else is New


  1. Links 01/12/2022: NixOS 22.11 Released and Genode OS 22.11 is Ready

    Links for the day



  2. The Outdated Microsoft Worldview (Mindframe of Post-Mainframe Era): A Mindset of Windows Being Ubiquitous in the Market (and Where It Cannot be Avoided)

    It's mostly incorrect to describe Windows as something that cannot be avoided in technical occupations or something that's worth learning (or actively using)



  3. Condé Nast (Owner of Reddit and Many Other Microsoft-Funded Sites) Promoting Software Patents

    SoylentNews is boosting Condé Nast fluff, including glorification of software patents which ought not be granted at all after 35 U.S.C. § 101/Alice



  4. Twitter: Not a Platform for Activism But for AstroTurfing and Manipulation by States and Plutocracy

    More people are finding out that social control media is all about control; it is controlled by states and oligarchs, it's not a grassroots tool



  5. Links 01/12/2022: Release of Arti 1.1.0, Date for Red Hat Summit 2023

    Links for the day



  6. IRC Proceedings: Wednesday, November 30, 2022

    IRC logs for Wednesday, November 30, 2022



  7. Links 30/11/2022: Mesa 22.3, EuroLinux 9.1, and Texinfo 7.0.1

    Links for the day



  8. Links 30/11/2022: Plasma Mobile Gear 22.11

    Links for the day



  9. Links 30/11/2022: More Twitter Trouble and Tor Browser 11.5.10 (Android)

    Links for the day



  10. IRC Proceedings: Tuesday, November 29, 2022

    IRC logs for Tuesday, November 29, 2022



  11. Nat Friedman: Frauds, Software Patents, and Mass Surveillance

    The con man who helped Microsoft promote .NET/C# (inside GNU/Linux) after he had worked at Microsoft, and who later helped Microsoft engage in mass plagiarism via GitHub, is not what the innocent face seemingly projects; Nat Friedman is a very dangerous and sinister person



  12. Links 30/11/2022: Gaming on GNU/Linux With Mac PCs, onak 0.6.2 Released

    Links for the day



  13. Links 29/11/2022: Proxmox 2.3 "Backup Server" and wayland-protocols 1.31

    Links for the day



  14. Links 29/11/2022: Bodhi Linux 7.0.0 Coming

    Links for the day



  15. IRC Proceedings: Monday, November 28, 2022

    IRC logs for Monday, November 28, 2022



  16. Links 29/11/2022: Whonix 16.0.9.0 and SalixLive Xfce 15.0

    Links for the day



  17. António Campinos Could Not Possibly Choose a Worse Time to Show Solidarity With Communist China

    The Unified Patent Court or "Unitary Patent" gets promoted in the same blog post or news item that celebrates dictatorship; that seems appropriate given the nature of the Unified Patent Court, which is a gross violation of laws and constitutions in a high-level institutional way



  18. Blogs Are Better and Gemlogs (Blogs Over Gemini) May be Best

    There seems to be a growing and already-widespread realisation that Twitter sucks and some people rightly suggest that we pivot back into blogging (Twitter is often blamed for the demise of blogs)



  19. Links 28/11/2022: Snal Linux 1.24 and Thunderbird Android Update

    Links for the day



  20. Links 28/11/2022: OpenRGB 0.8 and Introduction of KIO AFC

    Links for the day



  21. Links 27/11/2022: Linux 6.1 RC 7

    Links for the day



  22. IRC Proceedings: Sunday, November 27, 2022

    IRC logs for Sunday, November 27, 2022



  23. Links 27/11/2022: Rocky Linux 9.1 Released

    Links for the day



  24. Links 27/11/2022: Pinafore Born

    Links for the day



  25. Spamnil Seems to Have Quit Paying for Clickfraud Bots to Fake His 'Popularity'

    Based on the past month, Spamnil seems to have stopped (at least temporarily) relying on bots to fake his alleged popularity; through the Linux Foundation he has done great damage since the destruction of Linux.com, now a defunct site



  26. Better Let the 'Ad' 'Industry' (Spying Galore) Just Collapse

    To recover reputation Phoronix will need to quit the heavy, obtrusive, privacy-violating ads and the corporate 'gifts' that evidently and demonstrably changed the site's direction



  27. 2023 Will be a Pivotal Year for Techrights

    As we quickly approach the last month of the year, here's a look back at a wonderful year for Techrights (but not for the world in general) and a look at the year ahead



  28. IRC Proceedings: Friday, November 26, 2022

    IRC logs for Saturday, November 26, 2022



  29. Links 27/11/2022: EasyOS 4.5.2 and Pixel Wheels 0.24.0

    Links for the day



  30. Microsoft is the Problem, Not the Solution

    The media is doing anything it can to suppress discussion about the national or international security crisis caused by Microsoft; instead, some publishers go as far as lionising Microsoft, portraying it as the 'Jesus' of computer security


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