14 April 2013

Indian Supreme Court Rejects Trivial 'Evergreening' Of Pharma Patents


Back in October last year, in the context of India showing itself increasingly sceptical about pharma patents that drive up drug prices beyond the reach of its citizens, we wrote about an important court battle over Novartis's drug Gleevec, sold as Glivec in India. The definitive judgement from India's Supreme Court was announced today, reported here by The Guardian:

The Great IPRED Consultation Fiasco


Last week I made a couple of urgent pleas to readers to complete the major EU IPRED consultation, which was being conducted on the Web. Since I needed to be able to refer to my own answers, I saved these as a draft online so that I could go back to them, polish them, and then submit them.

NATO 'Cyberwar' Manual Says Hacktivists Must Wear A Uniform


Last year, Techdirt wrote about an interesting article suggesting that we should welcome "cyberwar" since it would be so much less painful than the ordinary kind. Of course, that begs the question what we actually mean by "cyberwar", since some forms are probably less humane than others. As we have pointed out, the use of the totally embarrassing "cyber" prefix is really just an excuse for more government controls and for security companies to get fat contracts implementing them.

31 March 2013

South Korea Considers Dumping Draconian Copyright Law Forced On It By The US

As Mike noted a couple of days ago, international trade agreements often have the effect of constraining the power of national legislatures. Indeed, that's doubtless one of the reasons why they have become so popular in recent years: they allow backroom deals between politicians and lobbyists to set the agenda for law-making around the world, without the need for any of that pesky democratic oversight nonsense. In particular, the trade agreement between South Korea and the US is turning out to be a key limiting factor for both TPP and what US politicians might try to do about phone unlocking. This makes two recent moves to loosen South Korea's harsh copyright laws potentially important far beyond that country's borders. 

On Techdirt.

Please Respond Now to Biased IPRED Consultation

Yesterday I mentioned the important consultation on IPRED, how it was closing soon, and what a good idea it would be if you applied to take part immediately. I also noted there's a helpful guide to filling in the consultation, from EDRI, but I omitted to mention that there is an equally great one from the Pirate Party MEP Amelia Andersdotter, which I thoroughly recommend.

On Open Enterprise blog.

Has Spain Just Slammed On The Brakes For Europe's Unitary Patent Plans?

Although the European Union finally approved the continent-wide Unitary Patent in December 2012, after decades of discussions, the story is by no means at an end. Science describes the root of the problem

On Techdirt.

Celebrate Document Freedom Day; Then We Win

Today is Document Freedom Day:

It is a day for celebrating and raising awareness of Open Standards and formats which takes place on the last Wednesday in March each year. On this day people who believe in fair access to communications technology teach, perform, and demonstrate.

On Open Enterprise blog.

Please Register for the EU's IPRED Consultation *Now*

IPRED is not that well known, even among the Net-savvy. And yet it's one of the most important EU directives that affects the online world, and a consultation on its future closes at the end of this week, on 30 March. Here's the background from EDRI:

On Open Enterprise blog.

The Great "Cyber" Con

Hackers and hacking have been much in the news recently - for all the wrong reasons, unfortunately. The most dramatic case, perhaps, was the suicide of Aaron Swartz. He was threatened with 35 years in prison, partly for this:

On Open Enterprise blog.

Brazil's New Political Party: Green With A Shade Of Pirate

Techdirt has been following the rapid rise and current problems of the various Pirate Parties in Europe for some time. Both their success and difficulties flow in part from the fact that they do not fit neatly into the traditional political categories. This makes them attractive to those who are disenchanted with established parties, but also makes it hard for Pirate Parties to devise a coherent political program that they can seek to implement, for example through alliances with others. 

On Techdirt.

What's Wrong With This Picture?

As you may have heard, there's been an election in Rome recently. These kind of events tend to bring out the crowds, and NBC had the clever idea of finding a couple of pictures showing roughly the same view, but eight years apart. They look very similar, except for one rather striking detail: in the first, from 2005, there are a few mobile phones visible; in the second, taken recently, tiny screens are visible everywhere in the crowd -- it seems as if practically everyone is using their phone to take a picture. 

On Techdirt.

Crazy Idea Of The Month: Allowing Patents On Mathematics

It would be something of an understatement to say that people have strong opinions about patents. But as Techdirt has reported, there's a growing consensus that software patents in particular aren't working -- James Bessen and Michael J. Meurer have written an entire book, "Patent Failure", about how bad things are there, and why it's happening in this area rather than elsewhere. 

On Techdirt.

India Says: 'There Is No Direct Correlation Between IP And Innovation'

Techdirt has been pointing out for years that more patents is not the same thing as more innovation, even though many around the world would have us believe otherwise. It seems the message is finally getting through: here's a remarkable statement from India on the subject of innovation and small- and medium-sized companies, made at a TRIPS Council meeting: 

On Techdirt.

Open Source: That's the Way to Do It

Although the use of open source by the UK government has an unhappy history (and one that certainly isn't finished), one ray of hope comes from Gov.uk, as I've noted before. The driving force behind that site is the Government Digital Service (GDS), and on its blog there's a particularly interesting post by Mike Bracken, who rejoices in the splendid title of "Executive Director of Digital in the Cabinet Office." 

On Open Enterprise blog.

Why the Unitary Patent Will Harm European Innovation

Regular readers of this column will know that I am not overly enamoured of the European Patent Office, since it has effectively introduced software patents by the back door, in direct contravention of the will of the European Parliament. No surprise, then, that the EPO's Annual Report has plenty to worry about. For example, in his foreword, the EPO's President writes:

On Open Enterprise blog.

Canadian Librarians 'Owe Duty Of Loyalty To The Government,' Must Self-Censor Opinions Even In Private

Librarians can play an important role in any society that depends increasingly on access to information to function. One of their jobs is to help people find what they are looking for, in a neutral, objective way, without imposing their own ideas or values in the process. Sadly, it looks like that won't be possible in Canada any more, now that librarians are expected to sign up to a new Code of Conduct imposed on them by the Canadian government. Here's one problematic section: 

On Techdirt.

Apple's Patent For Creating A Leak-Proof Data Pipe, And Why It's Doomed To Fail

In 2001, I published a history of free software, called "Rebel Code: Inside Linux and the Open Source Revolution." One of the people I interviewed for the book was Eben Moglen, for many years the General Counsel for the Free Software Foundation, and one of the main architects of the later versions of the GNU General Public License. He had the following interesting thoughts on the delivery of digital media: 

On Techdirt.

California Attorney General Claims Foreign Companies Using 'Pirated' Software Represent Unfair Competition

Two years ago, Techdirt wrote about the major report "Media Piracy in Emerging Economies", which explored how media and software piracy in emerging countries is largely a question of economics: people and companies there simply cannot afford Western-style pricing, and resort to alternative sourcing. That hasn't stopped media and computer companies from demanding that governments around the world should inflict ever-more harsh punishments on their own people. 

On Techdirt.

UK Politician Hates the (Digital) Environment

A couple of weeks ago I wrote about how the irony-immune IT department of the European Parliament was censoring emails complaining about censorship. Now it seems they have a kindred spirit here in the UK:

On Open Enterprise blog.

Publishers Show Yet Again How To Make Money By Reducing The Price To Zero

One of the slogans of the copyright industries is that you can't make money from giving things away. Unfortunately for them, examples just keep coming up showing that's simply not true. Techdirt wrote about the interesting case of the London Evening Standard back in 2009, shortly after its new owner decided to turn it from a (loss-making) paid-for newspaper, into one that was given away. So, three years later, how did that work out?

On Techdirt.

Now US Wants Transatlantic Free Trade Agreement With European Union To Include Turkey: Who's Next?

Last week we wrote about the important news that Mexico is asking to join what began as a bilateral trade agreement between the US and Europe, with the suggestion that Canada might follow suit. Now, via @FFII, we learn that even before Mexico's announcement, the US has been encouraging other countries to join

On Techdirt.

Giant Pharma Company Claims Releasing Data On Drug Safety Is Illegal As It's Confidential And 'Commercially Sensitive'

One of the initiatives gaining momentum around the world is open data -- the idea that, for example, non-personal data affecting the public should be made freely available. That's partly to improve transparency, so that citizens are more informed about what is happening, and partly to stimulate new kinds of business that build products and services based on that data. 

On Open Enterprise blog.

Why TAFTA Matters, and What We Should Do About It

Back in January, I wrote about what I called the "Trans-Atlantic Partnership Agreement", by analogy with the Trans-Pacific Partnership agreement, TPP, whose negotiations have already dragged on for several years. The formal announcement of what is now variously called the Trans-Atlantic Free Trade Agreement (TAFTA) or Transatlantic Trade and Investment Partnership (TTIP), took place just over a month ago, but already Mexico has stated that it wishes to join, and there are rumours Canada might tag along too.

On Open Enterprise blog.

UK Politician Says EU Site Wants To 'Brainwash' Children With Propaganda About Democratic Principles

The UK is famous for its tabloid newspapers and their particular brand of journalism. Here's a fine example from the Daily Express, under the headline "EU attempts to brainwash children with 'sinister Soviet-style propaganda'": 

On Techdirt.

Publishers Have A New Strategy For Neutralizing Open Access -- And It's Working

Over the last few years, Techdirt has been reporting on a steady stream of victories for open access. Along the way publishers have tried various counter-attacks, which all proved dismal failures. But there are signs that they have changed tack, and come up with a more subtle -- and increasingly successful -- approach. 

On Techdirt.