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

Getting Aggressive Suggestive of Loss - Part III - Threats From Burner Accounts Formally Treated as a Crime
Countries that cannot preserve freedom from self-censorship are countries where free press ultimately cannot prevail
24/7 Wall St. Editor-In-Chief and CEO Calls IBM Is "America’s Worst Big Tech Company", Talent is Leaving, Supposedly Strategic Units Culled
21 hours ago by Douglas A. McIntyre
IBM's Debt Increased Over $5 Billion in 3 Months While IBM Laid Off Many in Europe, US, Confluent, HashiCorp, and Red Hat
An increase of $5,000,000,000+ in debt in just 3 months!
Drama at the European Patent Office (EPO) This Week
We'll be covering the EPO quite a lot this weekend and next week
 
Debian Upgrade Coming Up (Soon)
Yesterday we contacted the datacentre staff about it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 24, 2026
IRC logs for Friday, April 24, 2026
Gemini Links 25/04/2026: 3.4k+ Capsules, Microsoft Layoffs, Call for Nuclear Disarmament, "Internet is Sad and Lonely"
Links for the day
Links 24/04/2026: Zelenskyy Says Ukraine's War Position "Most Stable", Samsung Workers on Strike Due to Pay
Links for the day
Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Recent Happenings at IBM Reaffirm Rumours About the CEO; He Might be Resigning (or Pushed Out) Soon
If the rumours are true (no, we did not check those tax records for ourselves), it's not unthinkable that IBM is already doing what Apple did months ago
Gemini Links 24/04/2026: Public Reticulum Gateway Node, Smol Computers, and Old E-mail
Links for the day
Links 24/04/2026: Intel Abandoning Computer Freedom (Even Further), Iran Reports That American Software and Hardware Remotely Sabotaged/Hijacked During War
Links for the day
The Great Wonders of Slop "Efficiency"
Thankfully nothing was lost in the transmission and lots of work (datacentre emissions) got "done"
IBMers Expect Another Giant Wave of Layoffs, Talk (and Sing) About the PIPs
The media won't be covering the key facts
As We Predicted, Francophonie Countries in the EU and Outside the EU Dumping Microsoft for National Security Reasons
We expected Belgium or some other Francophonie place to do so next
Even to Microsoft Insiders It Seems Like XBox Has Already Died or Surrendered to the Japanese Companies
Now the Microsoft layoffs are evident for people to see
EPO Cocainegate Escalates - Part VI - The Strikes Go On and On (Major Strike Today)
We'll be covering this later today in relation to what the Office dubs "ethics"
Absolutely Terrible Journalism About Microsoft Layoffs This Week
7 hours ago by Leila Sheridan
SLAPP Censorship - Part 56 Out of 200: 5RB and Brett Wilson LLP's Copy-Paste Machination for Garrett and Graveley
Here is another straightforward example of their junior barrister overusing copy-paste on his Mac
Getting Aggressive Suggestive of Loss - Part II - Lawyers Are Not "Hired Guns" (and Should Never Act Like Ones)
The matter is being investigated
Nadella is Killing Microsoft. Slop Kills It Even Faster.
A decade from now we'll look back at slop like we look back at skateboards
Huge Microsoft Layoffs Coming Shortly (With Financial Report)
There will be lots of slop layoffs. Be ready. It's a bubble.
Gemini Links 24/04/2026: Data Breaches and Unofficial Gemini Protocol Specification Archive
Links for the day
Microsoft Offers About 10,000 of Its Senior American (Read: Expensive) Workers to be Laid Off
How many slopfarms and media parrots play along?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 23, 2026
IRC logs for Thursday, April 23, 2026
SLAPP Censorship - Part 55 Out of 200: Strangled Women, Charged for Strangulation, Cannot Find a Job Now (After Microsoft)
merits public awareness and wider scrutiny
Gemini Links 23/04/2026: Spirituality and Detachment, Shoplifting in the UK, and "Introducing Scout, an iOS Native Gemini Client"
Links for the day
Links 23/04/2026: YouTube Age Limits Expanded and 'Secret' Model With Bug-Finding Hype Campaign 'Leaks'
Links for the day
Media Operatives of Microsoft Paint Microsoft Layoffs as Buyouts (Intentionally False Narrative)
Those are mass layoffs disguised as something else
IBM's Stock Has Collapsed Over 10% in One Day, Insiders Explain What's Happening
Today, due to a lack of time, we mostly present an outline of what people say (not IBM-sponsored media hacks with LLM slop)
Getting Aggressive Suggestive of Loss - Part I - Threats Sent From Burner Accounts Since February, Belatedly Reported to British Police
Threats connected to Graveley or Garrett or 5RB or Brett Wilson LLP [...] We're not dealing with a law firm here; we're dealing with the underworld
EPO Cocainegate Escalates - Part V - Where Does the António Campinos 'Family Affair' Go From Here?
Do cocaine in public, get caught, take paid "sick leave", come back to lead Europe's second-largest organisation
Links 23/04/2026: Legal Trouble for Microsoft, Chronic Fatigue Syndrome, and DMCA Whac-a-Mole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 22, 2026
IRC logs for Wednesday, April 22, 2026
Gemini Links 23/04/2026: Sunrise Chasing Season, Going Back to Older Software, New Gemini Client for Mobile Devices
Links for the day