Why the Idea of the Software Patent Does Not Fly
A couple of weeks ago, I wrote a post about the growing threat of software patents in Europe (again). I was delighted to come across this reply from Martin Goetz, who wrote:
On Open Enterprise blog.
open source, open genomics, open creation
A couple of weeks ago, I wrote a post about the growing threat of software patents in Europe (again). I was delighted to come across this reply from Martin Goetz, who wrote:
Posted by Glyn Moody at 12:18 pm 0 comments
Labels: open enterprise, patents, software patents, wright brothers
Last week I reported on the reply I received from Jean Bergevin of the European Commission on the subject of the IPRED consultation, and my own response to that. I wondered whether I would receive a reply, suspecting that I might not. I was wrong: not only did a reply turn up, it turned up almost by return of post. Here's what Mr Bergevin wrote:
Posted by Glyn Moody at 12:18 pm 0 comments
Labels: consultations, copyright, eu, ipred, open enterprise
Readers of this blog don't need to be told about Windows' awful security record, or how, when news outlets talk glibly of "viruses", they actually nearly always mean Windows malware. But sometimes there are stories from this weird world that make even seasoned Windows-watchers like me shake my head in disbelief.
Posted by Glyn Moody at 12:16 pm 0 comments
Labels: malware, Microsoft, open enterprise, Windows
Seeds might seem far from the world of high tech and free software, but they have much in common. Seeds contain DNA, which is a (quaternary) digital code much like a binary program. Just as there is free software that anyone may use and share, there are free seeds - those that are part of the ancient seeds commons, created over thousands of years, available for use by anyone. And just as free software is threatened by software patents, so seeds are equally endangered by seed patents.
Posted by Glyn Moody at 11:28 am 0 comments
Labels: DNA, eu, open enterprise, seeds
Remember the bad old days when the UK government forced people to use Microsoft software in order to interact with it online? Remember how we thought the UK government had finally moved on, recognising that it should use truly open standards allowing citizens the freedom to adopt whatever software they wanted, not least through the fine, open standards-based Gov.uk site? We were wrong, as Tim Jeffries pointed out on Twitter earlier today.
Posted by Glyn Moody at 11:27 am 0 comments
Labels: Microsoft, open enterprise, open standards, UK
When we wrote last year about a Dutch idea to give police there the power to break into computers -- even those located abroad -- we and many others pointed out a number of deep flaws with the plan. Undeterred, the Dutch government seems to be going ahead with the scheme, as Bits of Freedom explains:
Back in November 2011, we wrote about the Belgian music royalty collection agency SABAM's demand for 3.4% of Internet subscriber fees as "compensation" for online piracy in Belgium. As Tim Cushing explained back then, this was ridiculous on just about every level. But SABAM doesn't let little things like that get in the way of its desperate attempt to avoid moving with the times and coming up with new business models. So after failing dismally to convince Europe's highest court that it could force ISPs to spy on their customers, SABAM has now moved on to suing ISPs instead, as TorrentFreak reports:
Here on Techdirt we often talk about the copyright ratchet -- the fact that for three hundred years changes to copyright have always been in one direction: longer, wider and stronger. But there's a group of countries where the copyright ratchet isn't in place yet. These are the so-called LDCs -- the Least Developed Countries -- where many of the world's poorest citizens live. That's because the main Agreement on Trade Related Aspects of Intellectual Property Rights, better known as TRIPS, explicitly allows LDCs a transitional period of ten years, during which time they are not required to meet all the stringent requirements laid down there for granting intellectual monopolies. Moreover, the TRIPS agreement specifies:
Techdirt has written several times about the increasing tendency for governments around the world to turn to malware as a way of spying on people, without really thinking through the risks. One company that is starting to crop up more and more in this context is Gamma International, thanks to its FinFisher suite of spyware products, which includes FinSpy. A recent report by Citizenlab, entitled "For Their Eyes Only: The Commercialization of Digital Spying", has explored this field in some depth. Among its findings is the following:
Posted by Glyn Moody at 11:20 am 0 comments
Labels: malware, mozilla, open source, spying, techdirt
Unless we are farmers, we tend to take seeds for granted. But civilisation is built on seeds: it was the rise of large-scale agriculture, based in part on the skilful breeding of ever-better seeds, that eventually allowed towns and then cities to form; and with them, the trades, arts and sciences that were possible once enough food could be produced by just a fraction of the population. That makes national seed policies -- how governments regulate the production and sale of plant varieties -- a crucial if neglected aspect of our urban lives.
As Africa continues to develop rapidly, Western countries and companies are increasingly interested in bringing it into existing international legal and commercial frameworks, but always on terms that maintain their dominance. One way of doing that is through intellectual monopolies: last year we wrote about proposals for a Pan-Africa Intellectual Property Organization (PAIPO), whose benefits for Africa seem dubious. Meanwhile, here's another plan that is being presented as a vital part of Africa's modernization process, and yet oddly enough seems to benefit giant Western companies most, as AllAfrica reports:
Posted by Glyn Moody at 11:16 am 0 comments
Labels: africa, intellectual monopolies, monsanto, seeds, techdirt
Techdirt has been following the story of Brazil's innovative Marco Civil project, a civil-rights based framework for the Internet, for a while. Last time we wrote about it, it had been shelved following some aggressive work by lobbyists. As we noted then, it wasn't clear whether it would be resuscitated or not, but here's Kuek Yu-Chuang, Yahoo!'s Regional Public Policy Director, who seems to think it still stands a chance of being approved:
Posted by Glyn Moody at 11:15 am 0 comments
Labels: brazil, marco civil, techdirt, yahoo
the "political" bodies the corporations fear are the democratically elected representatives of the people.
The world's largest producer of seeds, Monsanto, has apparently given up on attempts to spread its genetically modified plant varieties in Europe. A German media report said the firm would end all lobbying for approval.
The German newspaper "taz" reported Friday that US agriculture behemoth Monsanto had dropped any plans to have farmers grow its genetically modified (GM) plant varieties in Europe.
Monsanto Europe spokesman Brandon Mitchener was quoted as saying the company would no longer engage in any lobbying fur such plants on the continent, adding that at the moment the firm was unwilling to apply for approval of any GM plants.
WTO members celebrated the 50th anniversary of 186-member Codex Alimentarius, which sets international standards for food safety, by calling, on 27–28 June 2013, for continued support for the body, and for trade measures to be based on science.The calls came in a two-day meeting of the WTO’s Sanitary and Phytosanitary Measures (SPS) Committee, which consists of all 159 WTO members and deals with food safety and animal and plant health — measures having an increasing impact on trade.
“The increase in the number of SPS measures that are not based on international standards, guidelines and recommendations, or that lack scientific justification, is a point of concern that has often been raised by many members in the SPS Committee and other contexts,” Brazil observed.The discussion of the six new specific trade concerns and the 10 previously raised and discussed in this meeting reflected that theme.They covered; processed meat, genetically modified organisms (GMOs), restrictions related to the Japanese nuclear plant accident, orchid tissue culture plantlets in flasks, citrus fruits (a complaint by South Africa against the EU about black spot, which is the first dispute settlement case in the International Plant Protection Convention), offal, salmon, pesticide residues, sheepmeat, phthalates (materials added to plastics in food and drink containers) in wines and spirits, shrimp, mad cow disease (BSE), GMO pollen in honey, Indonesia’s port closures, and pine trees and other products.
A few weeks back, we wrote about the Indian Supreme Court's rejection of Novartis's attempt to use "evergreening" to prolong its patent on Gleevec, sold as Glivec in India. That term refers to the trick of making small changes to a drug, usually one about to come off patent, in order to gain a new monopoly that extends its manufacturer's control over a medicine. But how does that work in practice?
Posted by Glyn Moody at 8:26 pm 0 comments
Labels: evergreening, india, patents, pharma, techdirt
The photographers are freaking out again. After last year's excitement with Instagram's changes to its terms of service, now it's the UK's Enterprise and Regulatory Reform (ERR) Act that's getting people worked up. Here, for example, is a post on the site of Stop43, a photographers group which successfully fought against the inclusion of orphan works in the UK's Digital Economy Act, with the title: "The Enterprise And Regulatory Reform Act Has Reversed The Normal Workings Of Copyright":
Posted by Glyn Moody at 8:21 pm 0 comments
Labels: copyight, photography, techdirt, UK
Given the massive impact that new-style trade agreements like TPP and TAFTA/TTIP are likely to have on the lives of hundreds of millions of people, it's surprising how few members of the public know about what's being negotiated in their name. Fortunately, publications are starting to run more articles on the subject, like this great piece by David Brodwin in US News.
We last wrote about the Russian social network site VKontakte, often called "The Facebook of Russia," a year ago. Since then, lots of bad stuff has been happening in Russia as a part of clampdown on online activity there, and now VKontakte is back in the news, with a pair of rather contradictory stories.
Posted by Glyn Moody at 8:12 pm 0 comments
As a post on the French site Numerama reminds us (original in French), the department responsible for implementing the three-strikes plan known as HADOPI was also supposed to provide Internet users with information about technical solutions to reduce infringement. That never happened -- instead, the body has preferred to send out warning messages on a massive scale and to seek convictions, even of those who are innocent. But in the meantime, the US company McAfee seems to have obtained a patent on just the kind of thing the French law originally had in mind:
Posted by Glyn Moody at 8:07 pm 0 comments
Labels: hadopi, infringement, mcafee, piracy, techdirt
Techdirt has written about the Special 301 report many times, but that's not the only US government publication putting other countries on the naughty step. Another is the less well-known National Trade Estimate Report on Foreign Trade Barriers (pdf):
Posted by Glyn Moody at 8:03 pm 0 comments
Labels: special 301, TAFTA, techdirt, tpp, transparency, us
Last month, Techdirt wrote about the requirement for librarians employed by the Canadian government to self-censor their opinions, even in private. This came in the wake of similar restrictions being placed on government scientists. We pointed out that this kind of muzzling created a really bad precedent that might one day even be extended to the public. It seems that moment has come sooner than expected:
Posted by Glyn Moody at 8:01 pm 0 comments
Labels: canada, censorship, librarians, muzzling, scientists, techdirt
Since the UK government published the draft version of its Communications Data Bill -- better known as the "snooper's charter" -- with plans to store data about every British citizen's emails, mobile calls and visits to Web sites, there has been almost total opposition to it from everyone else. Indeed, there has been growing resistance even within the UK government's ranks, largely from the smaller of the coalition partners, the Liberal Democrats. Here's what the party's leader and Deputy Prime Minister, Nick Clegg, has been up to, as described by one of the Liberal Democrat MPs, Julian Huppert:
Posted by Glyn Moody at 7:51 pm 0 comments
Labels: liberals, MPs, snooper's charter, surveillance, techdirt
Despite increasing calls for the imminent TAFTA/TTIP trade negotiations to be conducted as openly as possible, it seems likely that, as with ACTA and TPP, everything will be decided behind closed doors. That means the rest of us are forced to take our information about what is likely to happen where we can find it. For example, a new survey entitled "The Transatlantic Trade and Investment Partnership: Ambitious but Achievable" (pdf), carried out by The Bertelsmann Foundation and Atlantic Council, offers some interesting thoughts on the subject. Here's the description:
Techdirt has been covering the free trade agreement being negotiated between India and the EU for a while now -- that is, as well as anyone can report on something that is being conducted behind closed doors. Despite or maybe even because of that secrecy, one issue in particular has raised concerns: that India's crucial role as supplier of low-cost generics to the world's poor might be under threat. Against that background, this report on the Live Mint site comes as something of a surprise:
Traditionally, there has been a blithe assumption that more innovation occurs when patents are granted than when they are not. But as Techdirt has reported, people are finally beginning to call that into question. A forthcoming paper from an economist at MIT, Heidi Williams, provides another example of where that is not the case: in the field of genomics (via @gsDetermination).
Posted by Glyn Moody at 7:42 pm 0 comments
Labels: human genome project, open data, techdirt
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