Bonum Certa Men Certa

Broken Laws

Lincoln monument



Summary: ACTA, patents, and tax law challenged

TECHNICALLY, GNU and Linux make a fantastic platform that is Free (libre), stable, versatile, affordable, yet rather prestigious. The main rivals of GNU/Linux include Apple and Microsoft, both of which are already fighting GNU/Linux using software patents. Sadly for them, software patents are still invalid in the vast majority of the world, so they need to change the law. Here at Boycott Novell we strive to keep track of these issues which we consider to be most vital to the future freedoms of software. We also need to preserve developers' right to develop programs without dreading a lawsuit over the use of some idea or algorithm. It's not Free software which cripples the software industry; it's ludicrous secret code and software patents that do this.



ACTA



Yesterday we showed that the ACTA conspiracy is trying to launder patent law around the world and the USPTO is likely to remain broken because the fox watches over this hen house. Here is an interesting USENET post from yesterday:



Subject: ACTA is one big con-artist scheme From: Anonymous Date: Saturday 06 Mar 2010 09:53:35 Groups: comp.os.linux.advocacy

I'm starting to understand why the U.S. is trying to con other nations€  into ACTA:

First Step: Implement a patent system which allows the patenting of€  obvious and trivial 'inventions', including software patents, business€ processes etc.

Second Step: Prod your citizens and corporations to patent virtually€ everything, even the most straightforward and trivial algorithms,€ patent things which were invented previously and allow the eternal€ extension of the patent's duration by so-called Patent Extensions where€ trivial improvements are made to a patent, but will make it impossible€ for anyone to take use the invention in the expired patent because€ there's hardly any difference between it and the Extended Patent.

Third Step: Force other nations through secret negotiations to accept€ you 'Everything's Patentable' patent system (i.e. ACTA).

Fourth Step: Since U.S. companies and individuals have patented€ everything under the Sun, start litigation in countries which were€ stupid enough to adopt the U.S's patent system and start raking in€ money without ever having to lift a finger. Start threatening with€ trade sanctions against countries that did not adapt the Trivial€ Patenting scheme, accusing them of 'Intellecual Property Infringement.'


Let's recall what Vice President Biden did a few months back (we have the video). The EFF is formally complaining about this abuse of power right now:

The Obama Administration has been slowly ramping up its attention to intellectual property issues. Over the past few months, we've seen an IP "summit" at the White House. We've seen the successful nomination of a new cabinet-level "IP Czar" position. We've seen the announcement of a new DOJ task force for IP issues. What does it all portend?

[...]

The first bad omen came last December, when Vice President Biden invited the RIAA, MPAA and other representatives of the mainstream entertainment industry to a closed-door "Piracy Summit" at the White House. Although Biden's office sold the summit as "bringing together all the stakeholders" in the piracy debate, it failed to invite a single representative of the public interest or the technology industry.

One outcome previewed at the summit was the formation of a new Department Of Justice "Intellectual Property Task Force", which was formally announced in February. Unfortunately, the Department of Justice already has a history of coming down disproportionately hard on victims of the copyright conflict. And while the task force's announcement stressed that IP crime "threatens not only our public safety but also our economic wellbeing," it didn't even pay lip-service to the harms to privacy, free speech, and innovation in the industry's long war on piracy.


Intellectual monopolies are for monopolies; they have almost nothing to do with advancement.

Patents



OSS Watch writes about "threats to copyleft" in a guest post which says:

Combining freedoms and copyleft in the Gnu GPL license (invented by Richard Stallman) was the cornerstone of free software. This is now questioned due to the proliferation of incompatible copyleft licenses.

After counting 1,800 free software licenses used in hundreds of thousands of projects, the Black Duck company patented (Patent US 7,552,093 B2) the technology for controlling the use of open source licensing in a multi-source development process (meaning combined works, elaborated from multiple free components under different licenses).

No need to say that patenting proprietary technology to solve copyleft licenses incompatibility may not be seen by everyone as a major achievement!


This kind of incompatibility is exactly what the monopolies want. They want more patents, which help discriminate against the 'small' people. Here are some new reports that are mistaking patents for "inventions" [1, 2]. It's about some person called NakaMats, who might just be a bit like Edison -- that is, someone who took other people's ideas and filed them in the patent office (claiming credit for small variants of existing ideas). That's not invention, it's organisation.

Patents help lawyers, as lawsuits clearly suggest. Bad players like Rambus (which ambushed the market [1, 2, 3, 4, 5, 6, 7, 8, 9]) get to mess around with competition, using patents. From Reuters we learn that:

Memory chip designer Rambus Inc (RMBS.O) said the U.S. Patent and Trademark Office had affirmed two of three patents at the center of a legal dispute over whether graphics chip maker Nvidia Corp (NVDA.O) infringed on Rambus technology.


Patent Reform



Can one hope for amendments after a co-called 'reform' we've been hearing about for years. According to TechDirt, the patent reform bill is "more of the same".

It still tries to switch the US to a "first to file" system, rather than "first to invent" -- which just encourages more patents being filed faster, rather than better patents being filed. It has the same (controversial) damages setup as last year, which would be useful in limiting damages from infringement, but which many special interests hate.


Here is some detailed information about the changes.

Supplemental Examinations: Permits a patent holder to provide additional, potentially material prior art regarding the patent to the PTO. If the PTO considers the information and determines it has no effect on patentability, that additional information cannot serve as the basis for an inequitable conduct claim later in court. The information must be presented to the PTO and any reexamination must be completed prior to litigation.


It was unreasonable to expect the USPTO to become reasonable. It is run by lawyers, to whom more patents mean more business and personal income. The fox controls the hen house again.

Tax Evasion



Speaking of income, tax laws are broken because Microsoft is able to evade taxation, leaving it for others to pay the national bills. One of Microsoft's former employees keeps complaining about this [1, 2, 3, 4, 5, 6, 7, 8, 9] and in his latest updates on this issue [1, 2, 3] he also includes hilarity from Rep. Larry Seaquist:

Does the Department of Revenue think Microsoft is following the law? Well, we've recently received a more detailed response from the department about this issue and will post more shortly. All I'll say for now is that HB3176 labels this kind of out of state tax dodge an "abusive tax practice".

As for Rep. Seaquist, when I wrote him to be sure he understood the problems with the bill (and to ask him for a public statement for the blog), he replied, "Gents, please direct your continuing concerns to Rep. Hunter. Very best wishes, Larry"


But Rep. Hunter is a former Microsoft manager. Smell the corruption that Microsoft presence in the United States government has brought about. The fox dominates the hen house again.

Recent Techrights' Posts

United States Entering the $100 Trillion Debt Trap, We Compare GAFAM Debt
Google's debt is about 6 times less than Amazon's
Software Freedom Conservancy (SFC), Inc. vs. Vizio, Inc. Is Costing the Free Software Foundation Money
FSF subpoena and deposition
They Try to Replace the Creators of GNU/Linux and Hijack Their Word, Work, and Reputation
gnu.org is down at the moment; now I'm told it's back but very slow. DDoS?
Links 05/05/2024: Political Cyberattacks From Russia and Google Getting a Lot Worse
Links for the day
 
On Character Assassination Tactics
The people who leverage these dirty politics typically champion projection tactics
Links 06/05/2024: Scams and Politics
Links for the day
Gemini Links 06/05/2024: Reading and Computers
Links for the day
GitLab's Losses Grew From $172,311,000 to $424,174,000 Per Annum
Letting this company have control over your (or your company's) development/code forge may cost you a lot in the future
statCounter's Latest: Android Bouncing to New All-Time Highs, Windows Down to Unprecedented Lows
Android rising
Can't Bear the Thought We're Happy and Productive
If someone is now harassing online friends, attacking the wife, attacking my family (not just attacking and defaming people I know online) there are legal ramifications
IRC Proceedings: Sunday, May 05, 2024
IRC logs for Sunday, May 05, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Erinn Clark & Debian: Justice or another Open Source vendetta?
Reprinted with permission from disguised.work
Death of Michael Anthony Bordlee, New Orleans, Louisiana
Reprinted with permission from disguised.work
The Revolution Continues
Today we've published over 20 pages and tomorrow we expect more or less the same
Death of Dr Alex Blewitt, UK
Reprinted with permission from disguised.work
Following the Herd (or HURD)
Society advances owing to people who think differently and promote positive change, not corporate shills
Thiemo Seufer & Debian deaths: examining accidents and suicides
Reprinted with permission from disguised.work
Gemini Links 05/05/2024: Infobesity and Profectus Beta 1.0
Links for the day
Running This Site Mostly a Joyful Activity
The real problem or the thing that we need to cancel is this "Cancel Culture"
Australia Has Finally Joined the "4% Club" (ChromeOS+GNU/Linux)
statCounter stats
Debian as a Hazardous Workplace Where No Accountability Exists (Nor Salaries)
systematic exploitation of skilled developers by free 'riders' (or freeloaders) like Google, IBM, and Microsoft
Clownflare Isn't Free and Its CEO Openly Boasted They'd Start Charging Everyone to Offset the Considerable Losses (It's a Trap, It's Just Bait)
Clownflare has collapsed
Apple Delivered Very Disappointing Results, Said It Would Buy Its Own Shares (Nobody Will Check This), Company's Debt Now Exceeds Its Monetary Assets
US debt is now 99.98 trillion dollars
FSFE Still Boasts About Working Underage People for No Pay
without even paying them
IRC Proceedings: Saturday, May 04, 2024
IRC logs for Saturday, May 04, 2024
Over at Tux Machines...
GNU/Linux news for the past day
The Persecution of Richard Stallman
WebM version of a new video
Molly de Blanc has been terminated, Magdalen Berns' knockout punch and the Wizard of Oz
Reprinted with permission from disguised.work
[Meme] IBM's Idea of Sharing (to IBM)
the so-called founder of IBM worshiped and saluted Adolf Hitler himself
Neil McGovern & Debian: GNOME and Mollygate
Reprinted with permission from disguised.work
[Meme] People Who Don't Write Code Demanding the Removal of Those Who Do
She has blue hair and she sleeps with the Debian Project Leader
Jaminy Prabaharan & Debian: the GSoC admin who failed GSoC
Reprinted with permission from disguised.work
Jonathan Carter, Matthew Miller & Debian, Fedora: Community, Cult, Fraud
Reprinted with permission from disguised.work
Techrights This May
We strive to keep it lean and fast
Links 04/05/2024: Attacks on Workers and the Press
Links for the day
Gemini Links 04/05/2024: Abstractions in Development Considered Harmful
Links for the day
Links 04/05/2024: Tesla a "Tech-Bubble", YouTube Ads When Pausing
Links for the day
Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
[Meme] The Cancer Culture
Mission accomplished?
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though