Bonum Certa Men Certa

Patents Roundup: Intellectual Monopolies Versus Life and Versus Software Development

Baby and mother



Summary: Patents on human life and on a breast cancer gene continue to jeopardise the legitimacy of the patent system (more so than ludicrous software patents, i.e. maths monopolies)

Legal fight over breast cancer gene

Landmark legal action challenging a patent over breast cancer gene BRCA1 is being launched in Australia today.


The Ethical And Legal Problems Of Having Patients Sign Over The Copyright On Doctor Reviews

About a year ago, we wrote about the really troubling concept pushed by a group called Medical Justice, which tries to "protect" doctors from negative reviews online by having them demand that patients hand over the copyright on any future reviews they might write. As we noted at the time, this was an attempt to completely abuse copyright law, way beyond its intended purpose -- though we wondered if it would actually work.

[...]

Separately, Jason Schultz points out that this whole scheme appears to violate basic medical ethics rules. He points to a particular rule:
Under no circumstances may physicians place their own financial interests above the welfare of their patients. The primary objective of the medical profession is to render service to humanity; reward or financial gain is a subordinate consideration. For a physician to unnecessarily hospitalize a patient, prescribe a drug, or conduct diagnostic tests for the physician's financial benefit is unethical. If a conflict develops between the physician's financial interest and the physician's responsibilities to the patient, the conflict must be resolved to the patient's benefit.
How does that apply here? As Schultz explains:
Since the main concern of Medical Justice appears to be preventing harm to the physician's reputation (and thus financial interest), forcing patients to assign away their copyrights in exchange for medical care strikes me as close if not over this line. It certainly is not putting patients first. When a patient goes to see a doctor, they are often anxious, in pain, or worried and thus in a very psychologically vulnerable position, or what the law often calls a position of "duress" where they will often sign documents without giving them proper consideration. This hardly seems to me to be a fair time to demand they assign some unknown number of future copyrights to their doctor; instead it feels like a huge power grab by the physician.
When you create draconian copyright laws that include free speech removing notice-and-takedown provisions, don't be surprised when people abuse it for other purposes, well beyond the intent of copyright law.


Gibson, Curtis, PepsiCo: Intellectual Property [via]

Gibson Guitar Corp. settled its patent-infringement claims against Viacom Inc., Electronic Arts Inc. and retailers over the “Rock Band” music-video game, according to court filings.

The companies told Magistrate Judge Juliet Griffin on June 4 “that they had reached a full settlement” and plan to seek dismissal of the case by June 14, according to a filing in federal court in Nashville, Tennessee. Terms weren’t disclosed, and Viacom and Electronic Arts had no immediate comment.


Solo, Hillenbrand, Wal-Mart: Intellectual Property

Wal-Mart Stores Inc., the world’s largest retailer, was sued for patent infringement for its alleged use of a vehicle position-tracking and communication system.

Recent Techrights' Posts

IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Estimates That IBM to Lay Off Close to 10,000 Workers in 2026 (Not Counting People Pushed Out)
There's still chatter about Confluent mass layoffs
Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
 
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
Over at Tux Machines...
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IRC logs for Wednesday, March 18, 2026
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SLAPP Censorship - Part 15 Out of 200: Background and Particulars of Truth Regarding Techrights and Tux Machines
the basic facts (this has aged well, except the times/ages/numbers)
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Red Hat under IBM is a total catastrophe
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Their plan for IBM is a personal plan
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coming from a generally RMS-friendly account
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Smug Threat by Garrett to Put My Family and I in Prison Doesn't Prove We Did Anything Wrong, It Only Proves He's Truly Desperate to Stop Further Publications That Embarrass Him
his reputation is poor in the United States
systemd Increasingly Microsoft Project, Controlled by Microsoft and Slopware
Cannot allow choice
What IBM Meant to Red Hat: "Proprietary Bundling, Restricted Source Access"
Anyone or anything that joins IBM likely shortens its lifespan
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We deem it a bigger issue that investigative journalism perished, not that one must rely on hearsay online or mere "rumours"
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Reject misnomers, explain what's actually happening
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EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
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Links for the day
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Not going to work all month long
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Links for the day
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It helps raise awareness of Software Freedom
Over at Tux Machines...
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For those who never before saw a SLAPP, they basically make many demands
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Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
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LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
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Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
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Links for the day
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British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
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The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
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IRC Proceedings: Monday, March 16, 2026
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