Bonum Certa Men Certa

ACTA Leak Reveals Upcoming Intellectual Monopoly War?

Dreaming
Big ACTA is watching



Summary: As certain large nations approach bankruptcy, will so-called "IP" become the next battleground?

THANKS to a friendly tip, we now know that "ACTA covers patents" and that "all IP rights under TRIPS means patents." This latest leak is the scanned document draft, but it's likely that sooner or later someone will translate it manually (or semi-manually with OCR) into reproducible text, in digital form. From Wikileaks:



The file presents US, Japan and EU drafts of the controversial international copyright and patent trade agreement, ACTA ("Anti-Counterfeiting Trade Agreement"). The documents were obtained by Wikileaks staff.


Here is some coverage and initial interpretation from Digital Majority:

Behind closed doors, the European Union, United States, Japan and other governments are negotiating the Anti-Counterfeiting Trade Agreement. No mandates or drafts are published. The ACTA will contain new rules for the enforcement of copyrights, trade mark rights, patents and other so called “intellectual property” rights. Public interest organisations are concerned ACTA may limit access to medicines, limit access to the internet, give patent trolls free reign and harm the most innovative sectors of the economy.

"The document has confirmed my fears. They want to basically stop everything that can be spread on the Internet, all forms of trademark infringement, and even medicine. It is much more far reaching than I thought. I wonder, finally, what is not covered by ACTA?" said Jens Holm to DN.se.


Here is our local copy of the ACTA drafts [PDF].

We are already discouraged to find that IBM, the quiet giant whose business moves abroad (thus degrading work conditions for all) and patent portfolio widens (or gets a lot thicker), may capitalise on some of the above. This new article discusses the role of intellectual monopolies in an IBM/Sun takeover. Sun's policies on patents -- including on software patents -- would become utterly worthless.

To achieve negotiating leverage this is a potent and potentially powerful tool in the right hands. And the fact that the technical analysis is subjective only adds to this power. To counter such a strategy one needs a story and one needs to be able to speak the language and understand the motivations of the acquirer who wants to exploit this advantage.

Now, I don't know if something similar to this scenario is being played out now, but I do know that IBM is an "IP smart acquirer" and I also note that the Sun share price is heading south quickly as news of the deal's collapse is absorbed. Is IBM using IP and potential concerns about what is in Sun's portfolio to leverage a lower price for the acquisition? I suppose we will find out soon enough.


Speaking of a patent deform, this article shows just how much of a farce it continues to be (albeit nowhere as harmful of the ACTA). As Pamela Jones put it yesterday, "I suggest they shouldn't call it First to File. They should call it First to File Sneaky. See what happens when Congress "fixes" patent law? Is it stupid or intended? Who knows? Does it matter? One thing is for sure: this isn't making patent law simpler."

Here is a personal take (which is based on opinion alone, inspired by facts): A lot of the powerful countries as we know them have come to rely on the capital of large corporations within their sovereignty. That. however, is beginning to change with more nationalisation (even in implicit ways like a bailout). As nations that are old empires approach possible declaration of bankruptcy (US debt exceeds $11 trillion and the UK's is around $3 trillion), there will likely be a power struggle around notions like "IP". In case a practical example helps, think of an African nation being offered "access to IP" in exchange for its natural resources like gold and minerals. The vision that's presented to stake-holders motivates and rationalises many of those notorious agreements that we see now, such as the North American Free Trade Agreement (NAFTA) and now ACTA. Here in this Web site we've accumulated many links to information about ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]. People are encouraged to learn and to disseminate information about ACTA.

Comments

Recent Techrights' Posts

Slopwatch: Brian Fagioli, Google News, and Other LLM Slopfarms
Why does Google News keep promoting these fake articles?
Links 29/10/2025: Amazon Kept "Data Center Water Use Secret", "Abuse of Power" Against Media
Links for the day
Gemini Links 29/10/2025: "My Hardware Specs" and "Goodbye Debian…"
Links for the day
EPO Cocainegate: Feedback and Clarifications
Part III will come out soon
Links 29/10/2025: "US Military Is Destroying the Planet Beyond Imagination" and Boat Strikes Deemed Unlawful
Links for the day
Quality Comes First (Techrights Search)
It's generally working already, but we wish to polish it some more
Techrights Party Countdown
Late next week we'll be holding a party near our home
European Parliament and Council Directive on Privacy is Vanishing
"edited / censored some time more recently"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 28, 2025
IRC logs for Tuesday, October 28, 2025
Slopwatch: The March of Slopfarms, From UbuntuPIT to Linux Journal and to Various Fake Sites Still Promoted by Google News
It's so worrying to see what the Web has become
Links 29/10/2025: CISA, Ukraine, and Amazon Problems
Links for the day
[Teaser] The EPO's Spokesperson, a Cocaine User, Fancies Young Women
How's that for "optics" in the EU and Europe's second-largest institution?
How Will António Campinos Respond to the EPO's 'Cocainegate'?
That's the same thing we saw and still see when the press deals with enablers and partners of Jeffrey Epstein
Join Us Now and Share the News - Part IV: There Cannot be Free Software Without Free Press and Free Information
One day, one can hope, more people will recognise that for Software Freedom we need free press and free thinkers
Join Us Now and Share the News - Part III: Principled Stance Is Never Cheap
Protecting the truth and insisting that the general public is made aware of things that really happened isn't cheap
Join Us Now and Share the News - Part II: Because Scarcity of Accurate Information Breeds Collective Ignorance
we too will strive to share information that's aggressively suppressed
Gemini Links 28/10/2025: More New Arrivals at Geminispace, xkcd on "Document Forgery"
Links for the day
Join Us Now and Share the News - Part I: Defence of the Truth
This year we make a very strong, firm statement for truth, even if that means explaining our work to the top media judge in the country
Links 28/10/2025: Meta and Fentanylware (CheeTok) Age-Restricted Down Under, "Britain Needs China’s Money"
Links for the day
Links 28/10/2025: Mass Layoffs at Amazon and Charter to Cut 1,200 Jobs
Links for the day
The Cocaine Patent Office - Part II: The Person Who Planted Paid-for Fake News for the European Patent Office (EPO) is a Cocaine User, Friend of António Campinos, Now on Record as Having Been Arrested
Background: High-level manager at the European Patent Office caught in public with cocaine, arrested
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 27, 2025
IRC logs for Monday, October 27, 2025
Google News Drowning in Slop (and Slopfarms That Hijack About Half the Results)
Google News seems to be drowning in this stuff
Gemini Links 28/10/2025: "How to Maximize Your Positive Impact" and ASCII Art and Artist Attribution
Links for the day
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Parties and Milestones Again
we've begun putting up about 40 balloons
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete