Intellectual Poverty

France mulls ‘culture tax’ on smartphones

"The French government is considering creating a new tax on smartphones and tablets in a bid to raise millions to support the creation of digital cultural content inside France. The proposal, handed to President Francois Hollande Monday, outlines a 1 percent tax on the sale of Internet-compatible devices, targeting companies such as Google, Apple and Amazon. The tax would yield about 86 million euros per year. The revenue would help cultural industries create French content such as music, images and videos. The proposal is part of France's 'cultural exception,' a policy that protects French cinema and music industries, and other creative sectors, against competition." Continue reading →

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New Zealand Supreme Court to hear Kim Dotcom extradition appeal

"The Court of Appeal in March had overturned a decision ordering US prosecutors to hand over the evidence to Dotcom’s legal team as they seek to extradite him to face online piracy charges. The appeal court ruled that a summary of the case would suffice. Dotcom’s lawyers have sought to reinstate the original decision, arguing they could not effectively fight the extradition battle without full disclosure of the evidence against their client. The US Justice Department and FBI want Dotcom to face charges of racketeering, fraud, money-laundering and copyright theft in a US court, which could see him jailed for up to 20 years if convicted." Continue reading →

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11 Governments Are Meeting in Peru to Figure Out How They Can Control the Internet

"It appears that it’s going to be even easier for international copyright offenders to be tried in court by the interests–and lobbying power–of Hollywood. Starting today, 11 countries—Canada, America, Mexico, Peru, Chile, Vietnam, Singapore, Japan, Brunei, Malaysia, Australia, and New Zealand—are having a secret (no members of the public and no press) meeting in Lima, Peru to figure out what can be done about copyright offenders who transmit Hollywood’s precious content over the interweb’s tubes without paying for it. he meeting is held under the banner of the Trans-Pacific Partnership (TPP) Agreement." Continue reading →

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Monsanto wins patent lawsuit against farmer who bought grain from elevator

"A long-lasting court fight over patented soybeans is over, and agribusiness giant Monsanto has won. In a decision issued today, the US Supreme Court ruled 9-0 that Monsanto must be allowed to patent its seeds—and it must be able to punish farmers who try to dodge the patents. Monsanto sued, saying that even though the farmer didn't sign a contract, by reproducing its patented seeds he had committed patent infringement. Bowman lost in the lower courts and was ordered by pay $30,000, which has now grown to more than $80,000 with interest. Last year, the Supreme Court agreed to take the case; oral arguments were held in February." Continue reading →

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U.S. Government vs. DEFCAD 3D Printable Gun: You Can’t Fix Stupid

"They’re like the Society Matron who walks into the dining hall in a Three Stooges short and demands 'What is the meaning of this?!!' To them the Internet is just a big Series of Tubes, and all they have to do is shut off a valve somewhere to control the flow of information. Only the Internet doesn’t work that way. In John Gilmore's phrasing, it treats censorship as damage and routes around it. Their legal rationale — export control legislation — displays the same conceptual failure. They couldn’t quite grasp that the 'goods' that DEFCAD was 'exporting' arrived in their destination ports around the world the second the files were uploaded to the website." Continue reading →

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Does Innovation Require the Patent Office?

"Most patent holders cling to them as a source of life and defend them against all encroachment. Some businesses build up their war chests with patents as purely defensive measures. The more you own, the more you can intimidate your competitors to stay out of your territory. So how important are patents in generating innovation? The answer is not much, according to four economists from the Technical University of Lisbon. Their findings are remarkable: Nine in 10 of the innovations were never patented. They were just created and marketed, and changed the world." Continue reading →

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New Zealand Government Announces That Software Will No Longer Be Patentable

"In a bill passed earlier today, the Government of New Zealand announced that software in the country will no longer be patentable. New Zealand’s largest IT representative body, the Institute of IT Professionals, expressed relief and said the decision removed a major barrier to software-led innovation. The policy was passed in a Supplementary Order Paper, which sets out proposed amendments to the existing Patents Bill." Continue reading →

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Eric Holder defends prosecution against Megaupload founder Kim Dotcom

"US Attorney General Eric Holder on Thursday denied allegations from Kim Dotcom that the prosecution against the Internet tycoon was launched to appease Hollywood moguls concerned about online piracy. Holder rejected the accusation, saying intellectual property theft was 'something that we take very seriously'. 'That’s not true,' he told Radio New Zealand when asked if the administration was pressing the prosecution to keep Hollywood on side." Continue reading →

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Patent Claims Causing Firms to Exit Business Lines: Study

"Patent demands are taking a big toll on technology companies, with results that range from forcing companies to tweak their products to exiting their business altogether, according to a Santa Clara University study. The study underscores the increasing difficulty of dealing with patent claims. Patents have become a major part of business strategy, with companies like Apple and Samsung battling each other in courts around the world in cases that could result in hundreds of millions of dollars in damages. The SCU report focuses on patent demands from companies that do not themselves make anything. Many detractors call them 'patent trolls.'" Continue reading →

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Lawyers say case against Kim Dotcom threatens Internet freedom

"Lawyers for Megaupload founder Kim Dotcom accused the US government Wednesday of launching a flawed prosecution against their client with 'frightening' implications for all Internet users. The New Zealand-based Internet tycoon’s legal team released a 'white paper' to coincide with a visit to Auckland by US Attorney General Eric Holder, which argues that online piracy allegations against Dotcom are baseless. The 38-page document says that while copyright issues are normally treated as a civil matter, US prosecutors are trying to use anti-racketeering criminal statutes normally used against gangsters to press their case." Continue reading →

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