Bonum Certa Men Certa

ITC and FTC Weigh in on Competition/Antitrust and the Patents-in-Standards Question

Related to the FRAND/RAND debates but currently focused on hardware

No trespassing



Summary: Regulatory agencies in the US (International/Federal Trade Commission) grapple with anticompetitive aspects of patents

IN PREVIOUS years we wrote a great deal about the ITC. It's the US-centric agency (not "International" as its name conveniently and misleadingly suggests) that helps embargo rivals from abroad; it does so with patents as a tool/blunt instrument.



The other day MIP wrote about what we can expect from the ITC in 2017, citing what it called the "first antitrust claim for 25 years." To quote:

Highlights at the International Trade Commission in 2016 included the most Section 337 investigations since 2011, the first live hearing for a decade and the first antitrust claim for 25 years. Michael Loney asks ITC practitioners what trends they expect in 2017


What we have come to expect from the ITC (see past writings) is servitude to US corporations that control the political platform/establishment and public discourse. Disdain for ITC 'justice' is something they have come to deserve. Remember all those antitrust cases (EU, Korea and more) against Intel, whose offences are plenty and include patent aggression (not to mention lobbying for software patents)? Well, based on this new report, Intel's arch-rival "AMD filed a legal complaint against a number of companies accusing them of infringing its patents covering graphics processing technologies. The company requested the United States International Trade Commission (US ITC) to investigate the matter and, if the ITC finds in their favor, ban products based on chips that infringe on AMD’s intellectual property rights."

"What we have come to expect from the ITC (see past writings) is servitude to US corporations that control the political platform/establishment and public discourse."ITC again. Guess in whose favour it is likely to rule? Even if many of these patents are applicable to or are required by industry standards...

Andy Updegrove spent a long time writing about anticompetitive aspects of standards with patents in them. He now says that a "Court Rules Standards Incorporated by Reference into Laws Need not be Free". To quote: "When standards developed by the private sector become laws, should anyone be able to download a copy for free? At first blush, the answer seems too obvious to debate. But yesterday, a U.S. district court held otherwise, saying that the developer of a standard that has been “incorporated by reference” (IBR) into a law continues to have the right to enforce its copyright. It also confirmed the right to charge a reasonable fee for an IBR standard."

"This is a case and opportunity for the FTC to show it has teeth; it's also a case by which to squash software patents abuse, as some of the patents at the centre of these shakedowns are Qualcomm's software patents."The subject is contentious and hotly-debated these days, in particular because of Qualcomm, which faces lawsuits, antitrust investigations and so on. MIP, noting the latest development in China (covered here two weeks ago), wrote last week that the "FTC charged Qualcomm with practicing unfair methods of competition under Section 5(a) of the Federal Trade Commission Act. Meanwhile, Apple has sued the telecommunications company for $1 billion worth of rebated royalty fees that Apple says Qualcomm is withholding. Other trade commissions, such as Korea’s, have investigated and ruled against Qualcomm’s practices, and Apple has additionally sued the company in China."

This is a case and opportunity for the FTC to show it has teeth; it's also a case by which to squash software patents abuse, as some of the patents at the centre of these shakedowns are Qualcomm's software patents.

Are regulatory bodies like the FTC and ITC likely to recognise that for the world to advance and develop we need standards that are not usable by billionaire corporations alone? Are they competition facilitators or merely gatekeepers (wolves in sheep's clothing)?

Recent Techrights' Posts

Microsoft Layoffs Again in Bay Area
Microsoft relies on people's false belief that being "in LinkedIn" will get you a job; well, seems like even working inside LinkedIn really sucks and you lose the job
People's Understanding of the History of GNU/Linux is Changing
RMS is not a radical, he's just clever enough to see and foresee what's going on
Microsofters Were Scheming to Take Over This Entire Web Site (in Their Own Words!)
Money gets spent censoring/deplatforming people who speak about real issues; no money gets spent actually tackling those underlying issues
Bicycles for the Minds and the Story Harrison Bergeron
"The goal of having people in charge of the tools they use and that the tools should amplify ability" has long been abandoned
[Video] Cory Doctorow Explains DMCA: DRM in the Browser (or Webapp) Will "Make It a Felony to Protect Your Privacy While You Use It."
Pycon US Keynote Speaker Cory Doctorow
 
Slopwatch: Planet Ubuntu Became LLM Slop and Some People Fail to See the Immorality of Plagiarism
it lessens the incentive for people to publish real articles
EPO Poll: 68% Dissatisfied With Quality of Slop (Wrongly Framed as "AI") for Patent Classification
Slop does not work, it's just falsely advertised with extra hype (funded by slop pushers that sponsor the major media)
Big Crowds Gather to Learn About Software Freedom From the Man Who Started GNU/Linux in 1983
"It was a great success"
Gemini Links 30/05/2025: Fighting Against the Bad News, and Slop is Dehumanisation Disguised as "Intelligence"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 29, 2025
IRC logs for Thursday, May 29, 2025
Links 29/05/2025: Chinese Cracking Against EU Institutions (Prague), More Assaults on Media and Its Funding Sources
Links for the day
EPO Workers Caution That the Officials Are Still Illegally Trying to Replace Staff With Slop (to Lower Quality and Validity of European Patents)
Nobody in Europe voted for any of this
Links 29/05/2025: US Health Deficit and Malware Disguised as Slop Generator
Links for the day
Links 29/05/2025: Turtle Roadkill, Modern 'Tech' as a Sting
Links for the day
Thanks for All the Fish, Linux Format
people who once wrote for it (or for other magazines) comment on the importance of this news
Links 29/05/2025: YouTube Problem and Giant Privacy Hole in Microsoft OneDrive
Links for the day
United States Courts With Sworn Testimonies Are on Our Side, We'll Present the Same Here
Chronicling what happened is a moral imperative
Serial Sloppers Ruin and Lessen the Incentive to Cover "Linux"
The Serial Sloppers (SSs) ought to be named and shamed, but almost nobody does this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 28, 2025
IRC logs for Wednesday, May 28, 2025
Links 28/05/2025: 'Emulation Layers' (Measurements and Linguistics), Libraries, and Discomfort
Links for the day
Links 28/05/2025: More Arrests for Bitcoin-Connected Torture and Prosecutions for Dieselgate-Linked Executives
Links for the day
Even Microsoft (MSN) Covers Richard Stallman's Public Talk in Milan 2 Days Ago
He spoke in Spanish earlier this month (Alicante)
Gemini Links 28/05/2025: Techo-authoritarianism With Slop Plagiarism and "No Online June" (Going Offline)
Links for the day
Links 28/05/2025: GitHub MCP Exploited and MathWorks Discovers Huge Windows TCO
Links for the day
Very High Attendance Level at Richard Stallman's Talk Shows People Can Relate to His Message
Smear campaigns have their limits
Gemini Links 28/05/2025: Celsius-Fahrenheit, Endless Scrolling/Infinite Scrolling, and Trapping LLM Slop Bots
Links for the day
Prison gate backdrop to baptism by Fr Sean O'Connell, St Paul's, Coburg
Reprinted with permission from Daniel Pocock
More Photos From This Week's Milan Talk by Richard Stallman
The posts are in Italian, not English
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 27, 2025
IRC logs for Tuesday, May 27, 2025