industryterm:patent law

  • Adversarial Interoperability: Reviving an Elegant Weapon From a More Civilized Age to Slay Today’s Monopolies | Electronic Frontier Foundation
    https://www.eff.org/deeplinks/2019/06/adversarial-interoperability-reviving-elegant-weapon-more-civilized-age-slay

    Voici ce que le mouvement pour le logiciel libre peut apprendre des tactiques des concurrents de Microsoft - si vous ne pouvez pas gagner contre les géants, profitez d’eux.

    Today, Apple is one of the largest, most profitable companies on Earth, but in the early 2000s, the company was fighting for its life. Microsoft’s Windows operating system was ascendant, and Microsoft leveraged its dominance to ensure that every Windows user relied on its Microsoft Office suite (Word, Excel, Powerpoint, etc). Apple users—a small minority of computer users—who wanted to exchange documents with the much larger world of Windows users were dependent on Microsoft’s Office for the Macintosh operating system (which worked inconsistently with Windows Office documents, with unexpected behaviors like corrupting documents so they were no longer readable, or partially/incorrectly displaying parts of exchanged documents). Alternatively, Apple users could ask Windows users to export their Office documents to an “interoperable” file format like Rich Text Format (for text), or Comma-Separated Values (for spreadsheets). These, too, were inconsistent and error-prone, interpreted in different ways by different programs on both Mac and Windows systems.

    Apple could have begged Microsoft to improve its Macintosh offerings, or they could have begged the company to standardize its flagship products at a standards body like OASIS or ISO. But Microsoft had little motive to do such a thing: its Office products were a tremendous competitive advantage, and despite the fact that Apple was too small to be a real threat, Microsoft had a well-deserved reputation for going to enormous lengths to snuff out potential competitors, including both Macintosh computers and computers running the GNU/Linux operating system.

    Apple did not rely on Microsoft’s goodwill and generosity: instead, it relied on reverse-engineering. After its 2002 “Switch” ad campaign—which begged potential Apple customers to ignore the “myths” about how hard it was to integrate Macs into Windows workflows—it intensified work on its iWork productivity suite, which launched in 2005, incorporating a word-processor (Pages), a spreadsheet (Numbers) and a presentation program (Keynote). These were feature-rich applications in their own right, with many innovations that leapfrogged the incumbent Microsoft tools, but this superiority would still not have been sufficient to ensure the adoption of iWork, because the world’s greatest spreadsheets are of no use if everyone you need to work with can’t open them.

    What made iWork a success—and helped re-launch Apple—was the fact that Pages could open and save most Word files; Numbers could open and save most Excel files; and Keynote could open and save most PowerPoint presentations. Apple did not attain this compatibility through Microsoft’s cooperation: it attained it despite Microsoft’s noncooperation. Apple didn’t just make an “interoperable” product that worked with an existing product in the market: they made an adversarially interoperable product whose compatibility was wrested from the incumbent, through diligent reverse-engineering and reimplementation. What’s more, Apple committed to maintaining that interoperability, even though Microsoft continued to update its products in ways that temporarily undermined the ability of Apple customers to exchange documents with Microsoft customers, paying engineers to unbreak everything that Microsoft’s maneuvers broke. Apple’s persistence paid off: over time, Microsoft’s customers became dependent on compatibility with Apple customers, and they would complain if Microsoft changed its Office products in ways that broke their cross-platform workflow.

    Since Pages’ launch, document interoperability has stabilized, with multiple parties entering the market, including Google’s cloud-based Docs offerings, and the free/open alternatives from LibreOffice. The convergence on this standard was not undertaken with the blessing of the dominant player: rather, it came about despite Microsoft’s opposition. Docs are not just interoperable, they’re adversarially interoperable: each has its own file format, but each can read Microsoft’s file format.

    The document wars are just one of many key junctures in which adversarial interoperability made a dominant player vulnerable to new entrants:

    Hayes modems
    Usenet’s alt.* hierarchy
    Supercard’s compatibility with Hypercard
    Search engines’ web-crawlers
    Servers of every kind, which routinely impersonate PCs, printers, and other devices

    Scratch the surface of most Big Tech giants and you’ll find an adversarial interoperability story: Facebook grew by making a tool that let its users stay in touch with MySpace users; Google products from search to Docs and beyond depend on adversarial interoperability layers; Amazon’s cloud is full of virtual machines pretending to be discrete CPUs, impersonating real computers so well that the programs running within them have no idea that they’re trapped in the Matrix.

    Adversarial interoperability converts market dominance from an unassailable asset to a liability. Once Facebook could give new users the ability to stay in touch with MySpace friends, then every message those Facebook users sent back to MySpace—with a footer advertising Facebook’s superiority—became a recruiting tool for more Facebook users. MySpace served Facebook as a reservoir of conveniently organized potential users that could be easily reached with a compelling pitch about why they should switch.

    Today, Facebook is posting 30-54% annual year-on-year revenue growth and boasts 2.3 billion users, many of whom are deeply unhappy with the service, but who are stuck within its confines because their friends are there (and vice-versa).

    A company making billions and growing by double-digits with 2.3 billion unhappy customers should be every investor’s white whale, but instead, Facebook and its associated businesses are known as “the kill zone” in investment circles.

    Facebook’s advantage is in “network effects”: the idea that Facebook increases in value with every user who joins it (because more users increase the likelihood that the person you’re looking for is on Facebook). But adversarial interoperability could allow new market entrants to arrogate those network effects to themselves, by allowing their users to remain in contact with Facebook friends even after they’ve left Facebook.

    This kind of adversarial interoperability goes beyond the sort of thing envisioned by “data portability,” which usually refers to tools that allow users to make a one-off export of all their data, which they can take with them to rival services. Data portability is important, but it is no substitute for the ability to have ongoing access to a service that you’re in the process of migrating away from.

    Big Tech platforms leverage both their users’ behavioral data and the ability to lock their users into “walled gardens” to drive incredible growth and profits. The customers for these systems are treated as though they have entered into a negotiated contract with the companies, trading privacy for service, or vendor lock-in for some kind of subsidy or convenience. And when Big Tech lobbies against privacy regulations and anti-walled-garden measures like Right to Repair legislation, they say that their customers negotiated a deal in which they surrendered their personal information to be plundered and sold, or their freedom to buy service and parts on the open market.

    But it’s obvious that no such negotiation has taken place. Your browser invisibly and silently hemorrhages your personal information as you move about the web; you paid for your phone or printer and should have the right to decide whose ink or apps go into them.

    Adversarial interoperability is the consumer’s bargaining chip in these coercive “negotiations.” More than a quarter of Internet users have installed ad-blockers, making it the biggest consumer revolt in human history. These users are making counteroffers: the platforms say, “We want all of your data in exchange for this service,” and their users say, “How about none?” Now we have a negotiation!

    Or think of the iPhone owners who patronize independent service centers instead of using Apple’s service: Apple’s opening bid is “You only ever get your stuff fixed from us, at a price we set,” and the owners of Apple devices say, “Hard pass.” Now it’s up to Apple to make a counteroffer. We’ll know it’s a fair one if iPhone owners decide to patronize Apple’s service centers.

    This is what a competitive market looks like. In the absence of competitive offerings from rival firms, consumers make counteroffers by other means.

    There is good reason to want to see a reinvigorated approach to competition in America, but it’s important to remember that competition is enabled or constrained not just by mergers and acquisitions. Companies can use a whole package of laws to attain and maintain dominance, to the detriment of the public interest.

    Today, consumers and toolsmiths confront a thicket of laws and rules that stand between them and technological self-determination. To change that, we need to reform the Computer Fraud and Abuse Act, Section 1201 of the Digital Millennium Copyright Act, , patent law, and other rules and laws. Adversarial interoperability is in the history of every tech giant that rules today, and if it was good enough for them in the past, it’s good enough for the companies that will topple them in the future.

    #adversarial_Interoperability #logiciel_libre #disruption

  • Pour mémoire, « Order 81 » de Paul Bremer en Irak. Article de 2004.

    GRAIN — Iraq’s new patent law : a declaration of war against farmers
    https://www.grain.org/article/entries/150-iraq-s-new-patent-law-a-declaration-of-war-against-farmers

    For generations, small farmers in Iraq operated in an essentially unregulated, informal seed supply system. Farm-saved seed and the free innovation with and exchange of planting materials among farming communities has long been the basis of agricultural practice. This is now history. The CPA has made it illegal for Iraqi farmers to re-use seeds harvested from new varieties registered under the law. Iraqis may continue to use and save from their traditional seed stocks or what’s left of them after the years of war and drought, but that is the not the agenda for reconstruction embedded in the ruling. The purpose of the law is to facilitate the establishment of a new seed market in Iraq, where transnational corporations can sell their seeds – genetically modified or not, which farmers would have to purchase afresh every single cropping season.

    While historically the Iraqi constitution prohibited private ownership of biological resources, the new US-imposed patent law introduces a system of monopoly rights over seeds. Inserted into Iraq’s previous patent law is a whole new chapter on Plant Variety Protection (PVP) that provides for the “protection of new varieties of plants.” PVP is an intellectual property right (IPR) or a kind of patent for plant varieties which gives an exclusive monopoly right on planting material to a plant breeder who claims to have discovered or developed a new variety. So the “protection” in PVP has nothing to do with conservation, but refers to safeguarding of the commercial interests of private breeders (usually large corporations) claiming to have created the new plants.

  • this work is licensed under the Decolonial Media License 0.1
    | Free Culture Foundation
    http://freeculture.org/about/license

    We recognize that private ownership over media, ideas, and technology is rooted in European conceptions of property and the history of colonialism from which they formed. These systems of privatization and monopolization, namely copyright and patent law, enforce the systems of punishment and reward which benefit a privileged minority at the cost of others’ creative expression, political discourse, and cultural survival. The private and public institutions, legal frameworks, and social values which uphold these systems are inseparable from broader forms of oppression. Indigenous people, people of color, queer people, trans people, and women are particularly exploited for their creative and cultural resources while hardly receiving any of the personal gains or legal protections for their work.

    We also recognize that the public domain has jointly functioned to compliment the private, as works in the public domain may be appropriated for use in proprietary works. Therefore, we use copyleft not only to circumvent the monopoly granted by copyright, but also to protect against that appropriation.
    Integrity and credit

    All of the licenses we use prevent derivative works from implying endorsement to protect against misrepresentation. They also all require attribution to the original publication of the work and clear indication that changes have been made. If you see someone appropriating our work with improperly implied endorsement or without proper attribution, please let us know.
    Commercial use

    Counter-intuitively, preventing commercial use retains a commercial monopoly on all rights associated with a work. The misleading name confuses many non-commercial projects into thinking this is an appropriate license, but permitting commercial use rejects those monopoly rights while copyleft protects it from being appropriated into a private work.

    Cultural appropriation

    Adopting ideas, artifacts, practices, and other elements from marginalized cultures is a colonialist practice by which the cultural resources of indigenous people and people of color have been made readily available for consumption by others. In doing so, these elements are stripped of their cultural roots are stripped and reduced to consumable commodities exchanged between and benefiting their appropriators. What is perceived as innovative as adopted by others is seen as inferior in their original context. Globalized cultural and intellectual property systems have little potential to protect against or redress cultural appropriation because they were created specifically to allow and reward it. While rejecting private ownership over ideas, media, and technology does not necessarily inhibit cultural appropriation, doing so challenges the means to monopolize the products of appropriated resources.

  • Steve Jobs didn’t build that:
    http://www.salon.com/2013/07/19/steve_jobs_didnt_build_that
    Our #patent law doesn’t promote #innovation, it stifles it by buying into the myth of the “hero inventor”.

    “The history of significant innovation [..] is one of incremental improvements generally made by a number of different inventors at roughly the same time. Our patent system, by contrast, is designed for a world in which one inventor of extraordinary skill does something no one else could have done”

    • Just like the oil barons of Saudi Arabia who build their regimes by exploiting their country’s vast natural resources, the tech barons of America build their wealth by exploiting a vast intellectual heritage that is not theirs to take. The implications of IPR are clear: They will be used to bludgeon poor countries, as we’ve already seen with trade agreements like TRIPS; they will drive a further gap between rich and poor by allowing the rich to monopolize on our shared knowledge; and they will hamper innovation by preventing new research.

      #logiciel_libre #brevets #inégalités

  • Brevets logiciels en Europe

    La présidence chypriote trouve que c’est le moment de forcer « un peu » la main au Parlement européen : il y tant d’autres préoccupations plus importantes... Et puis ces sales gamin-e-s doivent comprendre que ce qui compte c’est l’économie donc le business non ?

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    Unitary Patent: Council asks Parliament to sign its death certificate in patent law ===================================================================================

    Brussels, 21 November 2012 — This monday, the Cypriot Presidency stated in parliament that they are “aware of concerns that the legislator can be deprived of their legislative competence”. In fact the new patent compromise is similar to the “a death certificate in patent law” for the European Parliament, says Benjamin Henrion, president of the FFII.

    According to leaks published by PCinpact, the latest compromise seeks to remove the role of the European Parliament and the European Court of Justice from any power in the proposed patent system (articles 6-8).

    Benjamin Henrion, president of FFII, warns: “The Council asks basically to the European Parliament to sign their death certificate in patent law. No part of the proposed system will be under the control of an elected legislator. This is a disaster for all the people that believes in the power of the European Parliament.”

    All red lines imposed by the Parliament has been broken by the Council
    compromise:

    the enhanced cooperation (art118), with reference to national law,
    still does not create a title of the European Union;
    the Parliament is deprived of its legislative competence in patent
    law;
    the European Court of Justice is forbidden to have a say on patent
    law, especially on substantive matters, such as software patents.

    The Rapporteur and MEP Klaus-Heiner Lehne has been pushing the “death certificate” proposal to be voted for in the next Plenary at the 10th December, refusing any reopening of the discussions at committee level.

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    Links
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    Cyprus press release: Unitary patent closer to the finishing line http://www.cy2012.eu/index.php/en/news-categories/areas/competitiveness/press-release-unitary-patent-closer-to-the-finishing-line

    FFII: Klaus-Heiner Lehne: software patent legislator and lobbying consultant http://wiki.ffii.org/KlausHeinerLehneEn

    PCInpact: Brevet unitaire européen : un compromis veut écarter l’Union européenne http://www.pcinpact.com/news/75393-brevet-unitaire-europeen-compromis-veut-ecarter-union-europeenne.htm

    Max Planck Institut: The Unitary Patent Package: Twelve Reasons for Concern http://www.ip.mpg.de/files/pdf2/MPI-IP_Twelve-Reasons_2012-10-17_final3.pdf

    Permanent link to this press release https://press.ffii.org/Press%20releases/Unitary%20Patent%3A%20Council%20asks%20Parliament%20to%20sign%20its%20de

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    Contact
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    Benjamin Henrion
    FFII Brussels
    Mobile: +32-484-566109
    Email: bhenrion@ffii.org

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    About FFII
    ==========

    The FFII is a not-for-profit association active in twenty European countries, dedicated to the development of information goods for the public benefit, based on copyright, free competition, open standards. More than 1000 members, 3,500 companies and 100,000 supporters have entrusted the FFII to act as their voice in public policy questions concerning exclusion rights (intellectual
    property) in data processing.

    _____________________________________________
    FFII Press Releases.
    (un)subscribe via https://lists.ffii.org/mailman/listinfo/news, or contact media@ffii.org for more information.