11.27.09

Study: Intellectual Monopolies (Patents) Vastly Dominated by… the Monopolies

Posted in Europe, IBM, Intellectual Monopoly, Law, Microsoft, Patents at 5:32 pm by Dr. Roy Schestowitz

EPO backlash

Summary: A not-so-overly-alarmist reminder of how monopolies are taking over society using self-serving laws and establishments, including the patent office

WE frequently repeat the fact that the patent system benefits monopolies, patent trolls, and lawyers who are sometimes patent trolls too*. Somebody has just shared nice new proof (a study) that agrees with what we showed before — that there is increasing concentration of power in the US patent system, meaning that very few powerful companies devise it as a protectionist measure to prevent market entry by competitors.

The findings of this study are summarised by Justin Gray, an intellectual monopoly assistant for Foley & Lardner LLP (those who help one scientist or patent troll fight with another scientist for profit, mostly by lawyers). It’s summarised as: “Top 150 “Customers”: Increasing Domination of the Patent System”

This implies that it keeps getting worse. An accompanying presentation which covers this study can be found here [PDF]. Gray prepared/delivered it jointly with Harold Wegner just a few days ago.

Slide 3 says:

Increasing Concentration

Within the coming decade it may be estimated that just 150 companies will account for 50% of all American patents granted, while just the top ten companies will soon account for 20 %  of all patents granted

Right now, more than 40% of all patents are said to have been granted to the top 100 among those awarded. Tough luck, eh? Well, maybe that’s just how this system is supposed to work. After all, IBM is happy about it and Microsoft disliked the system (when it was still a small company), later describing itself as an IP champion and singing praises of patents (when it became a monopoly that sneakily gained ownership of other people’s ideas).

Glyn Moody shares this new piece which has just been published in The Guardian (UK). Going under “The Manchester Manifesto”, the key message expressed there is that “science is shackled by intellectual property”

The myth is that IP rights are as important as our rights in castles, cars and corn oil. IP is supposedly intended to encourage inventors and the investment needed to bring their products to the clinic and marketplace. In reality, patents often suppress invention rather than promote it: drugs are “evergreened” when patents are on the verge of running out – companies buy up the patents of potential rivals in order to prevent them being turned into products. Moreover, the prices charged, especially for pharmaceuticals, are often grossly in excess of those required to cover costs and make reasonable profits.

IP rights are beginning to permeate every area of scientific endeavour. Even in universities, science and innovation, which have already been paid for out of the public purse, are privatised and resold to the public via patents acquired by commercial interests. The drive to commercialise science has overtaken not only applied research but also “blue-skies” research, such that even the pure quest for knowledge is subverted by the need for profit.

Digital Colonisation

Leila Deen and Lord Mandelson
“Business secretary Peter Mandelson is slimed by an environmental protestor outside the Royal Society on Carlton House Terrace, Pall Mall after allegations of ‘favours for friends’ over the Heathrow third runway decision” [Courtesy of “Plane Stupid”, via Wikimedia]

A similar trend seems to be occurring in the field of copyright, which in turn stifles art and creativity. According to this, Mandelson may be violating the Magna Carta (think about the US Constitution for parallels).

Again, the Secretary of State can make anyone do anything, or pay anything, without due process, preserving livelihood, lawful judgment. It’s the exact opposite of the ‘anything by which any part of these concessions or liberties might be revoked or diminished’ being ‘null and void and we will at no time make use of it’ clause.

I’m not a lawyer, but I’ll take the drafting of Geoffrey de Mandeville and the other 24 Barons from 1215 over Peter Mandelson and Sion Simon.

For a thorough legal discussion, read Lillian Edwards post, then sign the petition and join the Open Rights Group.

According to The Register, there may also be a violation of EU law in this particular bill.

The Government’s Digital Economy Bill could be in breach of EU laws, according to an internet law expert. Professor Lilian Edwards has also warned that the Bill could make it impossible to operate a free wireless network legally.

Mandelson’s Digital Economy Bill is being slammed by Cory Doctorow, who rightly argues that Mandelson defends the analogue age with such an outrageous bill. From The Guardian:

There’s a lot to hate about Peter Mandelson’s controversial Digital Economy Bill, but there’s one provision that perfectly captures the absolute, reality-denying absurdity of the whole enterprise. That titbit is the provision that holds the Bill’s most drastic measures in reserve, only to be used if Britain’s illegal filesharing doesn’t drop off by 70% within a year of the main part of the Bill coming into force.

Also in The Guardian we find this reasonable article about the situation that the British government is in. It is too deep in the pockets of the ‘content’ industry (Luddites), which treats individual people as “naughty consumers” who deserve to be repressed.

ISPs disagree with content companies and government over where the costs of prevention should fall. Last month, BT and Carphone Warehouse, TalkTalk’s parent, estimated policing broadband would cost about £2 a line a month. The latest estimate from the Department of Business, Innovation and Skills (which is piloting the bill through Parliament) is lower – in the region of £3 to £10 a notification (ISPs think the number is closer to the lower of those).

The billionaires behind intellectual monopolies are clearly fighting against the people. They use crooked politicians to get their way. People must unite and fight back against intellectual monopolies, or else we may all return to neo-feudalism, in the digital sense. The ACTA makes it an international issue by canceling borders [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13].
____
* They discovered that patent trolling is profitable too, just like Haliburton found out that war — not just oil — can be exceptionally profitable. The “father of patent” trolling, Ray Niro, was a lawyer [1, 2, 3, 4, 5, 6, 7, 8].

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

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2009/11/27/patents-dominated-by-monopolies/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

3 Comments

  1. dyfet said,

    November 27, 2009 at 6:24 pm

    Gravatar

    Welcome to Feudalism 2.0.

    Roy Schestowitz Reply:

    Oh, no. Not another “2.0″.

    dyfet Reply:

    Couldn’t resist :)

What Else is New


  1. Links 21/6/2021: Rocky Linux 8.4, IPFire 2.25 - Core Update 157, and SUSE Linux Enterprise 15 SP3

    Links for the day



  2. There Are Bigger Scandals Than Revisionism and Brand Dilution at the Linux Foundation

    There are some misconceptions that need tackling; back in February (more than 4 months ago) the so-called 'Linux' Foundation decided to associate with yet another controversial drive that has nothing to do with Linux; some people think it's a new thing and leap to conclusions



  3. Techrights Video Gallery Without JavaScript

    Some of the improvements made this morning to the gallery of recent videos



  4. IRC Proceedings: Sunday, June 20, 2021

    IRC logs for Sunday, June 20, 2021



  5. Links 21/6/2021: Linux 5.13 RC7, IRC.com by Freenode

    Links for the day



  6. Virtual Injustice -- Part 13: Let the Games Continue…

    "It would be nice to think that the events of 28 May have given the Enlarged Board pause for thought."



  7. Links 20/6/2021: Akademy 2021 Underway and Linux Foundation Blasted

    Links for the day



  8. EPO: Fake Patents, Fake (Paid-for) Patent Coverage, and Fake Awards for Public Relations Purposes

    The media has been thoroughly corrupted, patent legitimacy has been severely damaged (far too many European Patents aren't in compliance with the EPC anymore), and Team UPC is trying to undermine the EPC and turn Europe into another Texas



  9. Changes in IRC and New Features Over Gemini Protocol or the World Wide Web

    We examine more closely some of the latest changes in the site and the capsule (Web and Gemini, respectively); we show that it’s possible to keep abreast of IRC using nothing but a text editor, a Gemini client… or even the command line alone



  10. IRC Proceedings: Saturday, June 19, 2021

    IRC logs for Saturday, June 19, 2021



  11. We Need and Deserve a Saner Patent System in Europe

    The laughing stock that the patent system, the patent law firms, and patent media became (over the past few years) must be replaced; at the moment we have a cabal connected to a bunch of criminals running the entire show and the public understandably grows impatient (at least people who are sufficiently informed; the criminals have already intimidated and bribed a lot of the media and they're still bribing more of it, as we shall demonstrate later today)



  12. [Meme] IRC Wars in a Nutshell

    In terms of large IRC networks, we’re in trouble (unless we self-host) because they seem to be dividing themselves along political lines rather than anything technical or something of an on-topic/relevant substance. Using networks for Free software projects/organisations to push one’s political agenda is not acceptable because it’s starting to seem like in IRC space, FN has become the Front Nationale (French) and LC is Liberal Coalition. Both FreeNode and Libera Chat have managed to turn from technical platforms into political parties, in effect using technical networks (intended for technical projects) to push someone's political agenda and thus misusing them for personal gain. There’s no free lunch. As it turns out, FreeNode’s new owner (Andrew Lee) has just outed himself as a huge Donald Trump supporter who speaks of “these fuckers who stole that shit” (he meant the election, which he insists Trump actually won in 2020).



  13. IBM Handles More Removals of Signatures From Its Hate Letter Against Richard Stallman

    Less than a day ago IBM processed a request for removal (from its hate letter); as someone put it in a letter to us, also less than a day ago: “When all of this started in 2019, the Red Hat GNU developers showed off their colours. The best way to attack an organisation is from the inside. Using GNU developers was a dead giveaway. Google and Microsoft are very much on the team with IBM. I believe they’ve made headway into the Free/Libre software community and have persuaded senior Debianties to go along with them.” That same message, from an anonymous GNU maintainer, said: “The strategy to target major distributions is clear and present danger. I’m not sure what arguments of persuasion are being used, but I’m pretty sure their main tool is currency. RMS needs a lot of strategic support from experts who will rally to the Free Software cause. He needs great lawyers, some corporate minds, and intelligence specialists.” Sometimes it seems or feels like by simply buying Red Hat (the staff) IBM infiltrated the GNU Project and now it is vainly making claims like 'GNU is IBM' and thus IBM et al can command/tell the FSF who should run FSF, not only GNU. Such entryism isn’t hard to see; “An open letter in support of Richard Matthew Stallman being reinstated by the Free Software Foundation” has meanwhile garnered 6,758 signatures. The opposite letter is only decreasing in support (signatures lost).



  14. Links 20/6/2021: Debian GNU/Linux 10.10 “Buster” Released and LF Revisionism Resumes

    Links for the day



  15. The EPO's Enlarged Board of Appeal Has Already Lost the Case in the Court of Public Opinion

    Personal views on the sordid state of the Enlarged Board of Appeal (EBoA), which by extension bodes poorly for the perception of independence in every Board of Appeal (BoA); the patent tribunals have been captured by patent maximalists who either stack the panels or intimidate judges into ruling in a particular way



  16. Virtual Injustice -- Part 12: Carl Josefsson – Down But Not Out!

    António Campinos still controls Josefsson, who controls all the judges, so in effect all the legal cases (including some about European software patents) are manipulated by the Office the judges are supposed to judge



  17. Links 19/6/2021: Wine 6.11 and Proton 6.3-5 RC

    Links for the day



  18. IRC Proceedings: Friday, June 18, 2021

    IRC logs for Friday, June 18, 2021



  19. Virtual Injustice -- Part 11: Perceptive Comments and Caustic Criticism

    The EPO‘s management managed to silence a lot of the critical media (handouts and threats from Benoît Battistelli and António Campinos), but silencing comments is a lot harder; though we don’t know which ones were moderated out of existence…



  20. Links 18/6/2021: Mir 2.4, ActivityWatch 0.11, Microsoft Breaks Its Own Repos

    Links for the day



  21. [Meme] When the 'Court' Drops

    As the EPO sneakily outsourced courts to American companies and parties in dispute depend on their ISP for “access to justice” there’s a catastrophic impact on the very concept of justice or the right to be heard (sometimes you don’t hear anything and/or cannot be heard)



  22. The EPO's Virtual Injustice and Virtual ('News') Media

    A discussion of this morning's post (part 10 in a series) about the shallow media/blog coverage that followed or accompanied last month's notorious EPO hearing



  23. Links 18/6/2021: LibreOffice 7.2 Beta, Elementary OS 6.0 Beta 2, and Linux Mint 20.2 “Uma” Beta

    Links for the day



  24. The Self-Hosting Song

    Cautionary tales about outsourcing one's systems to companies that could not care less about anyone but themselves



  25. IRC Proceedings: Thursday, June 17, 2021

    IRC logs for Thursday, June 17, 2021



  26. [Meme] Swedish Justice

    The EPO‘s patent tribunals have been mostly symbolic under the Benoît Battistelli and António Campinos regimes; giving them back their autonomy (and removing those who help Battistelli and Campinos attack their autonomy) is the only way to go now



  27. Virtual Injustice -- Part 10: Vapid and Superficial Coverage in the 'IP' Blogosphere

    The media has come under attack by Benoît Battistelli; during the term of António Campinos most of the media critical of the EPO has mostly vanished already; so one needs to look carefully at comments and social control media



  28. Links 18/6/2021: RasPad 3 and Pushing Rust Into the Linux Kernel

    Links for the day



  29. Heli Pihlajamaa Promoting Software Patents to Patent Maximalists

    "Ms Pyjamas" from the EPO is promoting illegal software patents to a bunch of patent zealots (CIPA)



  30. The Lying by Team UPC, Led Again by Kevin Mooney

    Team UPC, or specifically Mr. Mooney, lies to the public about the prospects of the UPC; similarly, EPO and EU officials keep bringing up false claims about the UPC, so while the UPC itself has likely died for good the lies have not


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