05.12.10

Gemini version available ♊︎

Patents Shred Europe’s Democracy to Pieces

Posted in Asia, Europe, Law, Patents at 2:37 am by Dr. Roy Schestowitz

European Union

“Staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money.”

Richard Stallman

Summary: New developments in Europe and in India show not only that software patents are being pushed into Europe but that people are also left to die with TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights)

ACCORDING to the FFII, the Staff Union of the EPO says that the EPO should be integrated into the Community Institutions. The FFII received a shocking letter which is summarised as follows: [via]

‘No Power for the Parliament’ warns EPO examiners association

The Staff Union of the EPO sent a letter to the President of the European Parliament, Jerzy Buzek, warning of risks integrated into the accession of the European Union to the European Patent Convention (EPC). They warn that the European Parliament can be circumvented as a legislator in patent law.

This is a serious step in the wrong direction. Last year the FFII warned that democracy was being stepped on as attempts were (and still are) being made to contaminate the European system with bad patents.

IAM Magazine has published the article “Patents are “the test ground” for Europe’s commitment to a single market, says new report”

The FFII also links to new presentations from the CEIPI conference, where the EU central patent court got discussed (that’s how they can sneak software patents into Europe and outlaw Free software).

An event which will take place at Maastricht University is also being described as follow:

Intellectual Property, Open Source, and Standards: Friends or Foes?

The Institute for Globalisation and International Regulation at Maastricht University Faculty of Law and the Stockholm Network Intellectual Property & Competition Programme are delighted to invite you to a forum and debate on “Intellectual Property, Open Source and Standards: Friends or Foes?

[...]

How should we consider the relationship between patents and standards, and what are the implications of not allowing standards to be protected by IPRs? Is the dichotomy between open and proprietary standards at all justified, or are these types of standards in fact complimentary?

Terms like “IPR” make no sense. “Open Source” is fine with copyrights and trademarks. It’s only software patents which are the issue and it is typically lawyers who are trying to change the law by expanding the scope of patents, despite the fact that it’s known to be better when software patents are treated as illegal.

There is another area where patents can be harmful and many lives are at stake. The other day, Europe decided to put patents before life:

Huge seizure of Indian generic drugs at EU ports; India, global NGOs cry foul

[..]

Generic drugs from India which are meant for Latin American countries have been seized by European port authorities alleging infringement of intellectual property rights.

The Indian generic drugs shipments, which were headed for Peru, Columbia, Ecuador, Mexico and many other countries, included medicines for treatment for AIDS, Cardiac problem, schizophrenia, dementia.

Let’s not forget about TRIPS as murder. ACTA will only make things worse. Regarding the article above, Richard Stallman wrote:

EU countries are confiscating generic anti-HIV drugs made in India and being sent to various poor countries.

This article spreads confusion when it refers to patents as “intellectual property”, using the terms interchangeably. (I am sure the author does not realize how harmful that term is as propaganda.)

The EU’s attempt to confuse generic drugs with fake drugs is part of another propaganda campaign, which calls copying “counterfeiting”. ACTA is an instance of that nastiness.

The governments which have confiscated the drugs are evidently more concerned with corporate profits than with human lives. Their actions as of this moment endanger people in poor countries, but I am sure they are just as glad to threaten the inhabitants of their own countries when they can get away with it.

ACTA is not gone and based on India's provisional trade agreements with Europe, it’s back to secrecy. Here is some further analysis of the latest leaks and a summary from Slashdot that says:

The draft agreement between Europe and India on Intellectual Property Rights has been leaked, and clearly mentions at its Article 34 the possibility for administrative tribunals, such as the ones currently being setup in France via the Hadopi, to shutdown internet access of suspected downloaders (“This article shall not affect the possibility for a court or administrative authority, in accordance with Parties’ legal systems, of requiring the service provider to terminate or prevent an infringement”). The draft also contains provisions on ISPs liabilities. The European Commission is also pushing for ISPs liabilities for copyright infringements in the EU-South Korea Free Trade Agreement, which was criticised in the public hearing on ACTA on going beyond existing EU laws and the E-commerce directive.

The FFII has called the EU “Crazy” over this.

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. satipera said,

    May 12, 2010 at 9:54 am

    Gravatar

    The idea of patents as an incentive for innovation has been twisted to encourage a free ride for those financial bullies with the deep pockets to file patents for prior art and dubious ideas. Will natural justice and sense overcome vested interests? Patents for programming a programmable machine, it makes no sense.

DecorWhat Else is New


  1. EPO Staff Committee Compares the Tactics of António Campinos to Benoît Battistelli's

    The Central Staff Committee (CSC) of the EPO talks about EPO President António Campinos, arguing that “he seems to subscribe to the Manichean view, introduced by Mr Battistelli…”



  2. Prof. Thomas Jaeger in GRUR: Unified Patent Court (UPC) “Incompatible With EU Law“

    The truth remains unquestionable and the law remains unchanged; Team UPC is living in another universe, unable to accept that what it is scheming will inevitably face high-level legal challenges (shall that become necessary) and it will lose because the facts are all stlll the same



  3. Links 1/12/2021: LibrePlanet CFS Extended to December 15th and DB Comparer for PostgreSQL Reaches 5.0

    Links for the day



  4. EPO Cannot and Will Not Self-Regulate

    The term financialisation helps describe some of the activities of the EPO in recent years; see Wikipedia on financialisation below



  5. [Meme] Germany's Licence to Break the Law

    Remember that the young Campinos asked dad for his immunity after he had gotten drunk and crashed the car; maybe the EPO should stop giving diplomatic immunity to people, seeing what criminals (e.g. Benoît Battistelli) this attracts; the German government is destroying its image (and the EU’s) by fostering such corruption, wrongly believing that it’s worth it because of Eurozone domination for patents/litigation



  6. EPO Dislikes Science and Scientists

    The EPO's management has become like a corrupt political party with blind faith in money and monopolies (or monopoly money); it has lost sight of its original goals and at this moment it serves to exacerbate an awful pandemic, as the video above explains



  7. Links 1/12/2021: LibreOffice 7.3 Beta, Krita 5.0, Julia 1.7

    Links for the day



  8. Links 1/12/2021: NixOS 21.11 Released

    Links for the day



  9. IRC Proceedings: Tuesday, November 30, 2021

    IRC logs for Tuesday, November 30, 2021



  10. Links 1/12/2021: Tux Paint 0.9.27 and WordPress 5.9 Beta

    Links for the day



  11. [Meme] EPO Administrative Council Believing EPO-Bribed 'Media' (IAM Still Shilling and Lying for Cash)

    IAM continues to do what brings money from EPO management and Team UPC, never mind if it is being disputed by the patent examiners themselves



  12. The EPO's Mythical “Gap” Has Been Found and It's Bonuses for People Who Use Pure Fiction to Steal From Patent Examiners

    The phony president who has the audacity to claim there's a budget gap is issuing millions of euros for his enablers to enjoy; weeks ahead of the next meeting of national delegates the Central Staff Committee (CSC) tells them: "Events show that the delegations’ concerns about functional allowances have materialised. The lack of transparency and inflation of the budget envelope gives rise to the suspicion that high management is pursuing a policy of self-service at the expense of EPO staff, which is difficult to reconcile with the Office’s claimed cost-saving policy, and to the detriment of the whole Organisation."



  13. Video: Making the Internet a Better Place for People, Not Megacorporations

    Following that earlier list of suggested improvements for a freedom-respecting Internet, here's a video and outline



  14. Links 30/11/2021: KDE Plasma 5.23.4, 4MLinux 38.0, Long GitHub Downtime, and Microsoft's CEO Selling Away Shares

    Links for the day



  15. A Concise Manifesto For Freedom-Respecting Internet

    An informal list of considerations to make when reshaping the Internet to better serve people, not a few corporations that are mostly military contractors subsidised by the American taxpayers



  16. Freenode.net Becomes a 'Reddit Clone' and Freenode IRC is Back to Old Configurations After Flushing Down Decades' Worth of User/Channel Data and Locking/Shutting Out Longtime Users

    Freenode is having another go; after “chits” and “jobs” (among many other ideas) have clearly failed, and following the change of daemon (resulting in massive loss of data and even security issues associated with impersonation) as well as pointless rebrand as “Joseon”, the domain Freenode.net becomes something completely different and the IRC network reopens to all



  17. Jack Dorsey's Decision is a Wake-up Call: Social Control Media is Just a Toxic Bubble

    The state of the World Wide Web (reliability, preservation, accessibility, compatibility etc.) was worsened a lot more than a decade ago; with social control media that’s nowadays just a pile of JavaScript programs we’re basically seeing the Web gradually turning into another Adobe Flash (but this time they tell us it’s a “standard”), exacerbating an already-oversized ‘bubble economy’ where companies operate at a loss while claiming to be worth hundreds of billions (USD) and generally serve imperialistic objectives by means of manipulation like surveillance, selective curation, and censorship



  18. IRC Proceedings: Monday, November 29, 2021

    IRC logs for Monday, November 29, 2021



  19. Links 29/11/2021: NuTyX 21.10.5 and CrossOver 21.1.0

    Links for the day



  20. This Apt Has Super Dumbass Powers. Linus Sebastian and Pop_OS!

    Guest post by Ryan, reprinted with permission



  21. [Meme] Trying to Appease Provocateurs and Borderline Trolls

    GNU/Linux isn’t just a clone of Microsoft Windows and it oughtn’t be a clone of Microsoft Windows, either; some people set themselves up for failure, maybe by intention



  22. Centralised Git Hosting Has a Business Model Which is Hostile Towards Developers' Interests (in Microsoft's Case, It's an Attack on Reciprocal Licensing and Persistent Manipulation)

    Spying, censoring, and abusing projects/developers/users are among the perks Microsoft found in GitHub; the E.E.E.-styled takeover is being misused for perception manipulation and even racism, so projects really need to take control of their hosting (outsourcing is risky and very expensive in the long run)



  23. Links 29/11/2021: FWUPD's 'Best Known Configuration' and Glimpse at OpenZFS 3.0

    Links for the day



  24. President Biden Wants to Put Microsofter in Charge of the Patent Office, Soon to Penalise Patent Applicants Who Don't Use Microsoft's Proprietary Formats

    The tradition of GAFAM or GIAFAM inside the USPTO carries on (e.g. Kappos and Lee; Kappos lobbies for Microsoft and IBM, whereas Lee now works for Amazon/Bezos after a career at Google); it's hard to believe anymore that the USPTO exists to serve innovators rather than aggressive monopolists, shielding their territory by patent threats (lawsuits or worse aggression) and cross-licensing that's akin to a cartel



  25. Microsoft GitHub Exposé — Part VIII — Mr. Graveley's Long Career Serving Microsoft's Agenda (Before Hiring by Microsoft to Work on GitHub's GPL Violations Machine)

    Balabhadra (Alex) Graveley was promoting .NET (or Mono) since his young days; his current job at Microsoft is consistent with past harms to GNU/Linux, basically pushing undesirable (except to Microsoft) things to GNU/Linux users; Tomboy used to be the main reason for distro ISOs to include Mono



  26. Dr. Andy Farnell on Teaching Cybersecurity in an Age of 'Fake Security'

    By Dr. Andy Farnell



  27. IRC Proceedings: Sunday, November 28, 2021

    IRC logs for Sunday, November 28, 2021



  28. Links 29/11/2021: Linux 5.16 RC3 and Lots of Patent Catch-up

    Links for the day



  29. By 2022 0% of 'News' Coverage About Patents Will Be Actual Journalism (Patent Litigation Sector Has Hijacked the World Wide Web to Disseminate Self-Promotional Misinformation)

    Finding news about the EPO is almost impossible because today’s so-called ‘news’ sites are in the pockets of Benoît Battistelli, António Campinos, and their cohorts who turned the EPO into a hub of litigation, not science; this is part of an international (worldwide) problem because financial resources for journalism have run out, and so the vacuum is filled/replaced almost entirely by Public Relations (PR) and marketing



  30. Trying to Appease Those Who Never Liked Free Software or Those Who Blindly Loved All Patent Monopolies to Begin With

    It’s crystal clear that trying to appease everyone, all the time, is impossible; in the case of the EPO, for example, we hope that exposing Team Battistelli/Campinos helps raise awareness of the harms of patent maximalism, and when speaking about Free software — whilst occasionally bashing the alternatives (proprietary) — we hope to convince more people to join the “Good Fight”


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