Bonum Certa Men Certa

ACTA Booster Luc Pierre Devigne Redefines Open Standards (With Software Patents Included)

Luc Pierre Devigne



Summary: The European Commission turns its back on open standards that anyone can accept; ACTA and the Digital Economy Bill show a legal land grab by corporations

WE live in interesting times when constitutions are being blatantly violated and overridden. Lobbyists play a role on behalf of companies whose embrace of our laws that defend us is proving rather deadly. This post is not about the imbalanced patent system that mostly protects monopolies; this time it's about open standards being polluted with software patents, even in Europe. A Red Hat employee presents some details (it is his personal interpretation, not Red Hat's stance):



For years and years I am using and promoting the term Open Standards. And it has always been very clear what an Open Standard is and, more important, what it is not.

You can go through various defintions of Open Standards:

* Free Software Foundation Europe * European Interoperability Framework (v1) * Digistan * Danish Parliament * Bruce Perens

And no matter what differences you find in those definitions, they all agree on some crucial points, the most important being the freedom to use and implement the standard without having to ask for permission or having to pay license fees for the use of an Open Standard.

[...]

If you agree this far, pay special attention to this:

Currently, the Chinese companies using technologies detained by European companies are not allowed to enter into negotiations on the amount of royalties due to the latter, when they use their essential patents in the framework of open standards. The situation is highly detrimental to European companies and their complaint has been reflected in the European Chamber of Commerce in China (EUCCC) – IPR Working Group’s Position Paper 2005. The Commission therefore urged the Chinese government to take action in order to ensure that those royalties are duly paid by Chinese companies.

Hartmut Pilch from FFII pointed my attention to this and added some valuable comments here.

Bottom line is – DG Trade, represented by Mr. Luc Pierre Devigne, seems to use the term Open Standards in a way that is simply not compatible with the accepted definition of Open Standards. Royalty payments on Open Standards can simply not exist in my view.


So...

Who have we here? It's a buddy of ACTA lover Pedro Velasco-Martins. Luc Devigne and other ACTA boosters can be found in conjunction in an old report which we mentioned in this post. At least we manage to identify people who are fundamentally against the people whom they represent and instead promote the agenda of large corporations with intellectual monopolies.

As a reminder, Europe overwhelmingly rejects ACTA, whereas the US loves it [1] and here in the UK we have the complementary Digital Economy Bill trying to sneak its way into law [2, 3, 4, 5]. Our constitutions are being stomped on. _____ [1] Europe trashes ACTA as Obama praises it

Earlier this week, we noted that the major parties in the European Parliament had all agreed on a resolution trashing the Anti-Counterfeiting Trade Agreement (ACTA) and the secret process that has been hashing it out. That resolution has passed Parliament by a huge margin—633 yes votes, 13 no votes, and 16 abstentions.

The Greens/EFA coalition praised the vote. Greens MEP Carl Schlyter of Sweden said that "ACTA risks becoming known as the Absence of Commission Transparency Agreement... The EU cannot continue to negotiate on ACTA if the people are not allowed to take part in the process. It is also a totally absurd and unacceptable situation if MEPs, behind closed doors, have to ask the Commission about the content of the agreements we are supposed to vote on."


[2] Lib Dems to change their amendment to the digital economy bill

The Liberal Democrats are preparing to change their controversial amendment to the digital economy bill, which has its third and final reading in the House of Lords on Monday.

The change would give sites blocked under the bill the power to challenge it in the courts, and to demand legal costs and damages from any copyright owner that caused it to be wrongly blocked through court procedings.

But the Open Rights Group, which campaigns on digital rights and freedoms, said that the amendment would not solve deeper problems with the bill – which may be rushed into law with barely any debate in the Commons – and called for it to be abandoned.


[3] Wanted: a Groundswell of Massive Opposition

Last week I wrote about the great news on the ACTA front, but sadly that's just one battle we need to win. Another is against the insanely retrogressive Digital Economy Bill – an ironic name if ever there were one, given that it seeks to impose the old rules of the *analogue* economy on the digital world. As such, it is likely to have a huge negative impact on companies using the Internet (that is, anyone in business not still using the abacus.) [...]

That handily maps out is how we can stop the Bill: by creating that “groundswell of massive opposition”. What I think we need to do is to make it clear to our MPs is how the music recording industry just expects them to roll over and accept the Bill as is, rather than to carry out their parliamentary duties and to examine it and amend where appropriate. We need to get across the fact that this Bill is not incidental, but will determine the economic and social landscape for this country in the next few years; as such, it needs to be drafted carefully, not thrown together at the last minute.


[4] Lords pass controversial internet piracy bill

Legislation to tackle internet piracy, including bans for illegal file-sharers, has been passed by the Lords.

The Digital Economy Bill is now expected to be rushed through the Commons before the general election.

Peers had earlier rejected a bid by ministers to include wide-ranging powers over future online piracy law.


[5] BPI Says That UK Spies Are Against Digital Economy Bill

The debate over the Digital Economy Bill in the UK (the attempt to ratchet up copyright law to repay favors to an entertainment industry that is slow to adapt) has taken an odd twist. Cory Doctorow over at Boing Boing has the details of a leaked memo from the BPI (pdf) to a bunch of recording industry execs and lobbyists, that details the state of the bill and the ongoing strategy for getting it approved. There are a few items worth noting:
1. The BPI seems to think that the UK intelligence community is now the biggest threat to stopping the bill. Seriously. Apparently, UK spies are afraid that passing this bill will drive a very large number of people to switch to using encrypted internet tools, making it that much more difficult to spy on them.


Recent Techrights' Posts

Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
 
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails
The Real Threats to Society Include Software Patents and the Corporations That Promote Them
The OIN issue isn't a new one and many recognise this by now
Links 30/04/2024: OpenBSD and Enterprise Cloaking Device
Links for the day
Microsoft Still Owes Over 100 Billion Dollars and It Cannot be Paid Back Using 'Goodwill'
Meanwhile, Microsoft's cash at hand (in the bank) nearly halved in the past year.
[Teaser] Ubuntu Cover-up After Death
Attack the messenger
The Cyber Show Explains What CCTV is About
CCTV does not typically resolve crime
[Video] Ignore Buzzwords and Pay Attention to Attacks on Software Developers
AI in the Machine Learning sense is nothing new
Outline of Themes to Cover in the Coming Weeks
We're accelerating coverage and increasing focus on suppressed topics
[Video] Not Everyone Claiming to Protect the Vulnerable is Being Honest
"Diversity" bursaries aren't always what they seem to be
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market