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UN Wades Into Patent War Mess

Rambo Tribble writes "The BBC is reporting that the worldwide, tangled mess of IP litigation has come to the attention of the UN's International Telecommunication Union. The agency has announced it will be holding talks aimed at reducing this massive drag on the digital economy. Good luck."

29 of 178 comments (clear)

  1. Thank goodness! by 93+Escort+Wagon · · Score: 5, Funny

    If there's one organization I think of when it comes to taking effective, decisive, timely action - it is the United Nations.

    --
    #DeleteChrome
    1. Re:Thank goodness! by Anonymous Coward · · Score: 5, Insightful

      Democracy is the worst possible way to govern, except for all the alternatives.

    2. Re:Thank goodness! by Fuzzums · · Score: 2

      I thing they practically invented wading through red tape, so what's not to like about them?

      --
      Privacy is terrorism.
    3. Re:Thank goodness! by AK+Marc · · Score: 3, Informative

      Yes, it is. Article II, Section 2, clause 2. Perhaps you should read the Constitution sometime. Or are there too many big words in it for you?

    4. Re:Thank goodness! by roman_mir · · Score: 3, Informative

      Treaties? Treaties are not laws of the land, they do not supersede the laws of the land.

      UN CANNOT tell USA to go to war, only Congress has the power to declare war. Of-course that would be Constitutional, what happens today is not.

    5. Re:Thank goodness! by Ducon+Lajoie · · Score: 2

      Actually, the International Teleocmmunications Regulations, revision of which fall within the ITU mandate, are one of the few binding treaties out there.

      Of course, as pointed out below, US constitution is much more deferential, in theory, to the enforceability of treaties to which the US is a signatory in local law, so not really something constitution-loving Americans can be genuinely offended by...

    6. Re:Thank goodness! by circletimessquare · · Score: 2

      Explain the role of the UN in the Korean War.

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    7. Re:Thank goodness! by solidraven · · Score: 4, Insightful

      Of all the UN-related organisations out there ITU is one of the few that actually takes decisive action on a regular basis. Might take a while until we see results, but ITU won't back down for Apple or Microsoft.

    8. Re:Thank goodness! by Tom · · Score: 3, Insightful

      It's not like anyone else has been moving at any speed towards more sanity in that area.

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      Assorted stuff I do sometimes: Lemuria.org
    9. Re:Thank goodness! by roman_mir · · Score: 2

      It is irrelevant, the US Congress did not declare the war, the US people did not authorise the war, the war was illegal, it does not matter what UN said at all, what matters is that US government went into the war illegally.

    10. Re:Thank goodness! by roman_mir · · Score: 3, Interesting

      Wrong.

      The only wars US Congress declared were in:
      * 1812
      * 1846
      * 1898
      * 1917
      * 1941, 1942.

    11. Re:Thank goodness! by SuricouRaven · · Score: 4, Insightful

      It's easier to just call it a defensive action, or peacekeeping, or anti-terrorist campaign. The word 'war' has such a bad image.

    12. Re:Thank goodness! by TheRealMindChild · · Score: 2

      Democracy works on a small scale. Not the massive scale like the United States. At the most basic level, there are too many tiers of hierarchy, brutally killing efficiency more with every tier.

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    13. Re:Thank goodness! by bsane · · Score: 3, Insightful

      Yeah- Kings are so much better! So efficient!

      Heres the thing about government: I _want_ them to be inefficient, there is very little good that comes from government directly. They're the lube that allows society to exist and function. It _should_ take a lot of time and effort for them to implement sweeping, possibly destructive changes upon the people it governs.

    14. Re:Thank goodness! by gbjbaanb · · Score: 4, Interesting

      unfortunately it looks like it already has - the investigation is into the use of 'essential' patents (ie boring stuff like GSM and JPEG patents) and not the use of crap like slide-to-unlock or the shape of a rectangle.

      In other words, Motorola, who invented useful things, is to be investigated for not letting Microsoft and Apple have them for free, whereas Apple, who had a vague idea on rubbing your finger on a screen in a left-right way, isn't to be investigated at all.

    15. Re:Thank goodness! by roman_mir · · Score: 2

      Wrong. There was never a declaration of war, there was 'authorisation' from Congress, but no declaration, it was unconstitutional.

    16. Re:Thank goodness! by cas2000 · · Score: 2

      Business and software patents are what is really insane. Most other patents have been dragged down with them.

      The insanity started before business and software patents. Usage patents for pharmaceuticals, for example. Patenting an invention relating to the method of producing a drug can be reasonable, but patenting each individual use-case for a drug is just fucking insane. It's how BigPharma has managed the evergreening scam.

      The US allows patenting uses. Some other countries, like India, only allow patenting the method of production (i.e. an actual invention). That's why countries like India are under huge pressure to "harmonise" their patent laws with those of the US.

      A simple and extremely effective reform would be back towards requiring a working model or prototype with a patent, and a much narrower reading on what exactly the patent covers.

      Yes. The US should "harmonise" their patent laws with a) reality and b) the needs of humanity, rather than just with the needs of mega-corporations.

    17. Re:Thank goodness! by cas2000 · · Score: 3, Insightful

      Let me guess. You're from either canada or some pussy european country we had to keep the nazis from owning.

      Americans need to stop taking credit for the work of the USSR.

  2. A semi-informed rant by Ducon+Lajoie · · Score: 4, Insightful

    I think this may actually not be a waste of time. A lot of the mess we see now is due to the inclusion of patented technology in international standards (be they ITU, ETSI, ISO-IEC, ANSI whatever). And the fact that there was so little oversight on this, the validity of patent claims and subsequent licensing, was due to the direct wishes of the telecom/technology companies themselves. The standard bodies were all to happy to accommodate their constituents in this point for years.

    Now the companies, and the government who are in the awkward position of depriving their citizens of the latest cell phone because of some obscure patent law issue, are realizing that they are in the process of hanging themselves with the rope they had requested.

    This is a very broad issue and the ITU has had a decent track record of elevating previously obscure tech issues into the international policy realm. If anyone expects overnight binding measures to come from this, they are deluded. But raising awareness of the issue and getting the various actors to take a position is the unavoidable first step in resolving any complex issue.

    Good luck to them.

  3. Re:UN vs The massed Phalanxes of Lawyers worldwide by Anonymous Coward · · Score: 5, Funny

    I'd love to see the UN troops with their blue hats march into the courtroom and tell the lawyers of both sides to back off.

    And a nice little red cross tent outside taking care of the wounded lawyers who burned themselves choking on their coffee.

  4. cue anti-UN paranoia commentaries in 3... 2... 1.. by Tom · · Score: 4, Insightful

    For some people, the UN could announce a cure for cancer, free unlimited food for everyone, a low-cost solution to global warming and a Mars colony project on the same date, and they would comment with NWO paranoia, evil overlord nonsense and "don't mess with my rights" bullshit.

    A huge majority of those comments come from americans. Are you so unconfident that you can't accept someone else besides the "land of the free and the home of the brave" (which has long since turned into a joke to everyone outside the US) as someone setting international agendas?

    We have a similar phenomenon over here in Europe, btw. - it is directed against the European Union, which is always blamed for everything that goes wrong, even though at least lately they have made a ton of excellent decisions (rejecting ACTA being the most prominent one). That is in part caused by our coward, corrupt, evil politicians, who abuse the EU to push through laws they want but know would never get popular support for. It goes roughly like that: Come up with law, test it with a few controlled "leaks", notice popular outrage. Publicly call the scapegoat you prepared for a crazy idea and ascertain public that the party line is different. Quietly move law to the EU level and get it passed as an EU directive. A year or two later, dig up old law again and complain how you really don't want to do it, but the EU forces you to...

    So I wonder where the anti-UN sentiment in the US comes from?

    --
    Assorted stuff I do sometimes: Lemuria.org
  5. My humble suggestion for a solution by W2k · · Score: 2

    1) All patents expire after 2 years. If you can't make money from having a 2-year monopoly on an invention, it obviously wasn't very good anyway. 2) Getting a patent costs a €LARGE_AMOUNT of money, which goes into a fund that the government uses to invest into research. 3) No sales bans. The only penatly for "violating" a patent is compensation for actual damages, the burden of proof for which lie on the patent holder. 4) If out of a random sample of five university students in the appropriate field, at least three find your idea obvious and/or trivial to come up with, your patent is rejected. 5) (Very) generous exemptions from the all of the above for non-profits, educational users and independent (non-corporate) inventors.

    --
    Quality, performance, value; you get only two, and you don't always get to pick.
  6. Finding Nemo by scsirob · · Score: 3, Informative

    This whole patent mess reminds me of the animation movie "Finding Nemo". Somewhere a flock of seagulls attacks, mindlessly screaming "Mine! Mine! Mine!"

    This is what the industry is like today. Lawyer driven madness, where everyone is trying to put a claim on any thought that might be remotely original. It is a huge drag on innovation and leads to destruction. I can only hope the ITU will be able to put up a sail between these gullible seagulls and real innovation. Just like in the movie.

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    To Terminate, or not to Terminate, that's the question - SCSIROB
  7. ITU will soon find this isn't its bailiwick by Shag · · Score: 4, Interesting

    Other acronyms are going to quickly get dragged into this, mainly the World Intellectual Property Organization (WIPO) which is much more about this sort of stuff, and possibly the World Trade Organization (WTO) if, for example, Korea were to complain that the US ITC is being overly kind to Apple and should be letting Korean products in.

    --
    Village idiot in some extremely smart villages.
  8. Re:UN vs The massed Phalanxes of Lawyers worldwide by KiloByte · · Score: 2

    The only way to actually solve the issues with monopoly rights like patents is to turn them into non-confrontational compensation rights where a third party (such as the patent office) provides compensation due based on usage.

    No, there is a third way: drop patents completely. Like copyright, they began as ways for a king to get additional funds: by legalizing bribes, so someone could pay to have his competition declared illegal. And like copyright, they never has any purpose that's beneficial to the society at large (despite what their proponents say).

    I don't think anyone can say with a straight face that patents promote innovation.

    --
    The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
  9. Re:cue anti-UN paranoia commentaries in 3... 2... by Nidi62 · · Score: 3, Insightful

    For some people, the UN could announce a cure for cancer, free unlimited food for everyone, a low-cost solution to global warming and a Mars colony project on the same date, and they would comment with NWO paranoia, evil overlord nonsense and "don't mess with my rights" bullshit.

    A lot of people would comment on that because where do you think most of the money for those programs, or the free food would come from? That's right, the US. We already have enough problems ourselves that we have to fix first.

    A huge majority of those comments come from americans. Are you so unconfident that you can't accept someone else besides the "land of the free and the home of the brave" (which has long since turned into a joke to everyone outside the US) as someone setting international agendas?

    You know, we here in the US do kind of have cause to be uncomfortable with being controlled by a higher body. I mean, the country itself exists only because Americans got tired of being ruled over by a government that they saw as foreign and insensitive to their needs and only wanted to exploit them to fund it's wasteful wars and other expensive programs.

    We have a similar phenomenon over here in Europe, btw. - it is directed against the European Union, which is always blamed for everything that goes wrong, even though at least lately they have made a ton of excellent decisions (rejecting ACTA being the most prominent one).

    That is because people don't like to give up sovereignty. By giving up power to a higher regional entity, the "local" (state) governments lose their independence and quite a bit of their power. Look at what is happening in Greece and you can see how people like getting told what to do by an outside power overriding their own sovereignty. The same situation happened in America 150 years ago. Hopefully Europe can avoid the war we were unable to.

    --
    The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
  10. Re:cue anti-UN paranoia commentaries in 3... 2... by Tom · · Score: 2

    A lot of people would comment on that because where do you think most of the money for those programs, or the free food would come from? That's right, the US. We already have enough problems ourselves that we have to fix first.

    I can relate to that argument better than you think, because I'm german and we germans are the ones largely paying for the whole EU thing.

    However, we are also profiting from the EU a lot more than the mainstream media or the politicians care to admit.

    I wouldn't be surprised if the same would be true for the US. Of course, the facts won't be easily available, because politically, the UN is the perfect scapegoat.

    You know, we here in the US do kind of have cause to be uncomfortable with being controlled by a higher body. I mean, the country itself exists only because Americans got tired of being ruled over by a government that they saw as foreign and insensitive to their needs and only wanted to exploit them to fund it's wasteful wars and other expensive programs.

    That's pretty ironic because the end result of it all has been that you've created your own government that is insensitive to your needs and only wants to explout you to fun its wasteful wars and other expensive programs.
    And give you an illusion of control. When's the last time elections in the US really changed anything?

    That is because people don't like to give up sovereignty.

    Strawman. They already have. The question is not giving it up or not, the question is solely to whom.

    --
    Assorted stuff I do sometimes: Lemuria.org
  11. Re:cue anti-UN paranoia commentaries in 3... 2... by Pieroxy · · Score: 2

    You know, we here in the US do kind of have cause to be uncomfortable with being controlled by a higher body.

    Doesn't everyone?

    Look at what is happening in Greece and you can see how people like getting told what to do by an outside power overriding their own sovereignty.

    Don't be so sure about it. They HATE their complacent and stupid government, but most of them see the Europe as the only way out of the third world. So all in all, quite the opposite of what you're stating.

  12. Re:cue anti-UN paranoia commentaries in 3... 2... by cas2000 · · Score: 2

    bullshit. the US hasn't paid their UN dues for decades. they use the UN to inflict their policies on the world, and then expect the rest of the world to pay for that "privilege".

    http://en.wikipedia.org/wiki/United_States_and_the_United_Nations#The_U.S._arrears_issue