Flood of EU Software Patents on the Way?

The idea of bringing in a unitary EU patent system has been rolling around Brussels so long most people have assumed it will never happen. But there is a clear push on at the moment to realise these plans once and for all. That's hinted at in this very low-key press release from yesterday [.pdf]:

On Open Enterprise blog.

Self-Regulation: Should Online Companies Police The Internet?

For anyone in Belgium on Wednesday, here's an afternoon event open to all that might be of interest: "'Self'-regulation: Should online companies police the internet?" If you can't make it to the European Parliament in Brussels, there's also a live video stream available. 

On Techdirt.

Royal Society Claims 1671 Copyright On Newton Letter (Copyright Law Born 29 Years Later)

The Royal Society calls itself "a Fellowship of the world's most eminent scientists and... the oldest scientific academy in continuous existence." Its Fellows and Foreign Members have included Isaac Newton, Charles Darwin, Ernest Rutherford, Albert Einstein, Dorothy Hodgkin, Francis Crick, James Watson and Stephen Hawking. 

On Techdirt.

The Pirate Party Effect: German Greens Scramble To Draw Up Digital Policies To Hold On To Voters

The founding of the Pirate Party in Sweden in 2006 was regarded by many as a joke. After all, the argument went, who would want to be associated with "pirates" or vote for such a narrow platform? This overlooked the fact that the traditional political parties had consistently ignored the concerns of voters who understood that the Internet raised important questions about areas such as copyright and privacy. By focusing on precisely those issues, the Pirate Party gave disaffected voters the opportunity to express their dissatisfaction with the old political parties and their outdated policies. 

On Techdirt.

Why We Don't Need To 'Think Of The Artists': They're Doing Fine

Just as politicians routinely invite us to "think of the children" when they want to push through some new liberty-reducing law, so the copyright industries regularly invoke "the artists" when they want to justify longer copyright terms or harsher enforcement laws. 

On Techdirt.

More UK Open Data Moves - and Why That Makes Sense

In striking contrast with its disappointing performance in terms of supporting open source, the UK government continues to take huge strides in the world of open data. Details about its latest moves are contained in this document [.pdf] that came out of the recent 2011 Autumn Statement:

On Open Enterprise blog.

Ubuntu's Self-Appointed Benevolent Dictator For Life: 'Whole Patent System Is A Sham'

Mark Shuttleworth is probably best known for three things. Selling the certificate authority Thawte Consulting to VeriSign for about $575 million in 1999; using some of that money to become the second self-funded space tourist; and using some more of it to found and sustain the Ubuntu version of GNU/Linux. 

On Techdirt.

Getting Lost in the Patent Thicket Thicket

One of the many hopeful signs that the Hargreaves team knew what they were talking about was the recognition that patent thickets were an increasing danger in many fields, notably that of mobile technology. One of the actions flowing from the report was to investigate this area further, and now the UK government has released its report [.pdf]:

On Open Enterprise blog.

Coming To Plates In Europe: Patented Vegetables, Produced By Conventional Breeding

The European Patent Organization (EPO) is a strange entity. Despite its name, it has nothing to do with the European Union. Instead, it was set up on the basis of the 1973 European Patent Convention to grant patents under that Convention. 

On Techdirt.

Patent Scandal of Laws Made Behind Closed Doors

The ACTA saga has been grinding on for years now, distinguished by a wilful lack of transparency that is a clear sign that you and I are being right royally stitched up. If, like me, you were wondering where we are in the UK with this charade, the Open Rights Group has put together a useful summary:

On Open Enterprise blog.

SABAM: A Turning Point in EU Internet Law?

One of the most striking - and disturbing - trends of recent years has been the assumption by the copyright industries that protecting their intellectual monopolies outweighs the rights of the public.

On Open Enterprise blog.

Sarkozy Worried About The Internet 'Stealing Audience Share' From 'Regulated' TV Services

Earlier this week Techdirt reported on the surprisingly forthright statements of Neelie Kroes concerning the failure of the copyright system in the digital world. She made her remarks at the Forum d'Avignon in France, which was about "strengthening the links between culture and the economy". 

On Techdirt.

New EU Parliamentary Forum To Push For Even More Draconian Copyright Laws And Enforcement

Last year, Techdirt reported on the approval by the European Parliament of the Gallo Report, which calls for harsher enforcement of intellectual monopolies. Although the Report has no legal force, it's important, since it functions as a framework for future legislation in this area. And now the eponymous French MEP Marielle Gallo is at it again, with her new "IP Forum": 

On Techdirt.

A Small Victory For Patent Common Sense: Earth Closet Orders Are No More

Sometimes you just have to shake your head over patent law. Here's a practice from the UK that has been going on since 1876, and involving the Reverend Henry Moule's patented earth closet: 

On Techdirt.

Why The Supreme Court's 'Grokster' Decision Led To More, Not Less, P2P Filesharing

In the 2005 "Grokster" decision, the Supreme Court ruled unanimously that file sharing networks could be held liable for copyright infringement if they take "affirmative steps" to encourage infringement. Grokster closed down as a result, and the recording industry pretty much assumed it had won that battle


But as a fascinating analysis by Rebecca Giblin of what happened afterwards points out, against the industry's expectations, P2P filesharing flourished: 

Techdirt.

UK Publishers Moan About Content Mining's Possible Problems; Dismiss Other Countries' Actual Experience

One of the recommendations made by the Hargreaves Review in the UK was that a text- and data-mining exception to copyright should be created, with the following explanation of why that made sense (PDF): 

On Techdirt.

EU Commissioner Kroes: Copyright Is 'A Tool To Punish And Withhold'; New Business Models, Not More Enforcement Needed

Neelie Kroes is that rare thing: a politician who actually seems to understand digital technologies. Before she became the European Commissioner for Digital Agenda, her current post, she was European Commissioner for Competition, and in that capacity made a speech about open standards in 2008 that included the following interesting statements: 

On Techdirt.

Of Open Data Startups and Open Businesses

Last week I was invited to talk at the South Tyrol Free Software Conference which took place in northern Italy, in the city of Bolzano (disclosure: a paid gig.) As its title indicates, this was a more local, specialised conference than some of its more famous international siblings, but I was impressed just how much activity was going on. It was also interesting to see that open data was already a hot topic here - it's not just national holdings that are being opened up.

On Open Enterprise blog.

E-Publishing The Chinese Way: Very Fast And Very Cheap

Increasingly, publishers are joining the music and film industries in bemoaning the effects of piracy on the sales of digital products – and some are even starting to sue people for alleged copyright infringement (because that has worked so well elsewhere.) Perhaps they should take a look at what is happening in China: instead of whining about e-book sales "lost" to piracy, publishers there have come up with a business model that embraces the possibilities of the Internet: 

On Techdirt.

Learning From Beethoven: Speeding Up The Exchange Of Scientific Knowledge

There is a general belief that science proceeds by smooth cycles of discovery and sharing – that scientists formulate theories, investigate problems, produce data and then publish results for other scientists to check, reproduce and then build on. 

On Techdirt.

Help Fight Against Extrajudicial Suppression of UK Domain Names

With so many bad things happening in the digital world at the moment- ACTA, TPP, Digital Economy Act, HADOPI, La Ley Sinde etc. - there is a natural tendency to focus on your own country's woes. But there's something spectacularly awful going on in the US at the moment that is likely to have very serious ramifications here, too.

On Open Enterprise blog.

Why Barnes & Noble is an Open Source Superstar

As I've noted many times, one of the biggest threats hanging over open source is patents, because of the way trivial but indispensable software techniques have been patented in some jurisdictions (mostly the US). Things are made worse by the fact that vague threats can be made in this area, for example this famous assertion in 2007:

On Open Enterprise blog.

Want To See Peak Copyright? Here's What To Do

It's a curious fact that the term of copyright only ever gets longer. Since copyright is a government-backed monopoly, and monopolies are generally regarded as bad things, you might have expected some countervailing pressure against this continual extension, and that at some point Peak Copyright would have been reached. You might, if you were extremely optimistic, even expect copyright term to be reduced occasionally. 

On Techdirt.

Misleading Metaphors That Drive The War On Online Sharing

Certain terms crop up time and again in the arguments around copyright infringement and file sharing. Words like "theft" and "stealing" clearly represent an attempt to frame the debate in a certain way. That's hardly a new insight: many posts on Techdirt have pointed out these attempts to manipulate the discourse. 

On Techdirt.

How To Become A Scientific Author In Poland: Delete Part Of Someone Else's Article You Think Is Wrong

Copyrightgirl pointed us to a bizarre judgement from the Polish Supreme Court last year, which found that you can become co-author of a scientific text by deleting a few sentences that you believe to be incorrect: 

On Techdirt.