Bonum Certa Men Certa

Summary of Latest Intellectual Waste

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

Comments

Recent Techrights' Posts

libera.chat is an Agenda-Peddling Platform Run by Agenda-Peddling Individuals
The volunteers of libera.chat ("staff") aren't working for free, they work towards an agenda
Secret Microsoft Layoffs and Maybe Another "Voluntary Exit Program at Microsoft in October"
there's a morale crisis at Microsoft
Many Topics to Cover
Drops in a big ocean
Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
 
Links 05/10/2026: "Congress Must Investigate War Profiteers Once Again" and Update on Thomson Reuters v. Ross Intelligence
Links for the day
Nobel Season is Plutocracy Week
Later this week the billionaires will give a fake "Nobel" (in "Economics") to someone who parrots their preferred narrative and those same billionaires will use "Nobel" to bless the promoter of their latest pyramid scheme/buzzword
GNU/Linux Market Share in North America 13% This Past Weekend
It is perhaps not shocking that adoption of GNU/Linux is very high there
When Did Europe Begin to Side With White-Collar Criminals (or Participate in Suppressing People Who Oppose Them)?
How much corruption can we tolerate before the European Union becomes another Russian Federation?
Libera Chat's "Level of Control Might Make Sense for a Corporate Platform"
IRC is not centralised
Brigading Against Women - Part XVIII - Turning Censorship Attempts (Articles About Matthew Garrett) Into Mild Redactions
What Lozza did two years ago
Greenland Needs Digital Sovereignty
the large icy island isn't moving to GNU/Linux as quickly as the rest of Europe
Tracker of Internet Relay Chat Networks Out of Service (But Not Down) Since Thursday
We should note that the number of unique networks they track has grown since we last checked
Gemini Links 05/10/2026: NixOS, Guix, Codeberg Banning Slop, and "Gopher Apps on Android"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 04, 2026
IRC logs for Sunday, October 04, 2026
MIT Technology Review (MTR) Reinforces MIT's Role in Promoting Slop (Pyramid Scheme) in Exchange for Money
MIT is a poster boy (or child) of institutional corruption, perverts, and corporate takeover
Proving Wrong Those Slop Maximalists and Boosters, GAFAM Says Slop is a Nuisance and Bans/Hides the Slop Submissions
People who say slop in projects is inevitable or even desirable are usually cheaters with self-guilt
Links 04/10/2026: “AI Torture Chamber” and "Aggressive Push to Integrate Hey Hi (AI) Slop Into Schools Is Turning Into a Disaster"
Links for the day
How Microsoft Hides Massive Layoffs From the Media (as Explained by Microsofters)
"rewards" are not exactly rewarding
Brigading Against Women - Part XVII - The Appeal
more to be known towards the end of the year
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026