Morality and Intellectual Property

Discussion in 'NZ Computing' started by peterwn, Jul 30, 2007.

  1. peterwn

    peterwn Guest

    Certain people have been spouting crapola here concerning intellectual
    property. A typical line of crap is that foreign patents are
    enforceable in NZ. Now there is just no NZ law that recognises foreign
    patents. If an overseas company wishes to enforce patent rights in NZ,
    it needs to file an application with the patent office in Lower Hutt in
    the usual way.

    Multinational companies may well have this dream that patents granted in
    one country should be enforceable world wide. This might happen one
    day, but a hell of a lot of water would need to pass under the bridge first.

    It is worth noting that a certain USA based Fortune 500 company is
    indulging in protection racketeering based on general FUD and vague
    threats of 'enforcing' 200 odd unspecified patents. Now some of these
    patents appear to have been obtained in a negligent, reckless or
    fraudulent manner in that they do not meet US requirements for patents
    and / or there is 'prior art'. This company would no doubt like indulge
    in this form of racketeering here, but may not have much of a patent
    portfolio to fall back on, especially when eagle eyed Kiwis successfully
    challenge their applications for shonky patents.

    So the next approach is to try and bullshit Kiwis into thinking that
    there is a very strong moral obligation to respect foreign patents.

    This may all be very well if those who own intellectual property uphold
    the same high moral standards in the way they run their companies as
    they expect mere mortals to uphold high moral standards with respect to
    the companies' IP.

    However corporate morality is sadly lacking. Not only are there the
    protection rackets I have mentioned previously, but there is also a
    little matter of multi million Euro fines imposed for monopoly abuses.
    Not to mention a whole heap of IP infringements settled out of court for
    multi million sums.

    Another example from Time-Warner's 'New Line' (who of course is paranoid
    about its IP) and other Hollywood outfits is the apparent repeated acts
    of creative accounting to cheat directors and others out of their due
    royalty shares. Peter Jackson and other Kiwis have had a gutsfull of
    this and doing something about it. Now, New Line apparently will not
    allow Peter to even audit their relevant accounts (as provided for in
    the relevant contract). Perhaps if New Line does open the books, all
    sorts of accounting shenanigans may come to light with executives doing
    stretches in Club Fed.

    So to save face, they try to make "The Hobbit" without Peter Jackson
    only to realise that as far as fans are concerned, "The Hobbit" without
    Peter Jackson would rather be like apple pie without the apple. So New
    Line is between a rock and a hard place - my heart bleeds for them.

    Now back to morality. I have no sympathy for these American companies
    expecting users of their IP to act to extremely high moral standards (eg
    respecting foreign patents) when these companies have very low moral
    standards when it comes to their business dealings. Sounds rather two
    faced and hypocritical, doesn't it.
     
    peterwn, Jul 30, 2007
    #1
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  2. peterwn

    thingy Guest

    peterwn wrote:
    > Certain people have been spouting crapola here concerning intellectual
    > property. A typical line of crap is that foreign patents are
    > enforceable in NZ. Now there is just no NZ law that recognises foreign
    > patents. If an overseas company wishes to enforce patent rights in NZ,
    > it needs to file an application with the patent office in Lower Hutt in
    > the usual way.
    >
    > Multinational companies may well have this dream that patents granted in
    > one country should be enforceable world wide. This might happen one
    > day, but a hell of a lot of water would need to pass under the bridge
    > first.


    Not really WTO....OZ has agreed to "various" agreements that means for
    instance USA can actually have a field day in OZ..........now the worry
    is our stupid leaders will also go down that path....(and no I dont mean
    that as Labour)

    > It is worth noting that a certain USA based Fortune 500 company is
    > indulging in protection racketeering based on general FUD and vague
    > threats of 'enforcing' 200 odd unspecified patents. Now some of these
    > patents appear to have been obtained in a negligent, reckless or
    > fraudulent manner in that they do not meet US requirements for patents
    > and / or there is 'prior art'. This company would no doubt like indulge
    > in this form of racketeering here, but may not have much of a patent
    > portfolio to fall back on, especially when eagle eyed Kiwis successfully
    > challenge their applications for shonky patents.


    yes, MS is/was apparently going for lots of patents and copyright type
    stuff in NZ, apparently in an effort to get their stuff acknowledged
    "somewhere" then its easier to get it "elsewhere"....now looks like they
    are not having an easy ride.....not quite sure if this idea by MS NZ is
    aimed globally or as a back door specifically for OZ....

    > So the next approach is to try and bullshit Kiwis into thinking that
    > there is a very strong moral obligation to respect foreign patents.


    good luck to them......hahaha.

    > This may all be very well if those who own intellectual property uphold
    > the same high moral standards in the way they run their companies as
    > they expect mere mortals to uphold high moral standards with respect to
    > the companies' IP.


    fat chance....how many times has MS had to settle patent court actions
    against it? i wonder if any other company has had that many (or more?)

    > However corporate morality is sadly lacking. Not only are there the
    > protection rackets I have mentioned previously, but there is also a
    > little matter of multi million Euro fines imposed for monopoly abuses.
    > Not to mention a whole heap of IP infringements settled out of court for
    > multi million sums.
    >
    > Another example from Time-Warner's 'New Line' (who of course is paranoid
    > about its IP) and other Hollywood outfits is the apparent repeated acts
    > of creative accounting to cheat directors and others out of their due
    > royalty shares. Peter Jackson and other Kiwis have had a gutsfull of
    > this and doing something about it. Now, New Line apparently will not
    > allow Peter to even audit their relevant accounts (as provided for in
    > the relevant contract). Perhaps if New Line does open the books, all
    > sorts of accounting shenanigans may come to light with executives doing
    > stretches in Club Fed.


    hence $110million claim in court.......

    > So to save face, they try to make "The Hobbit" without Peter Jackson
    > only to realise that as far as fans are concerned, "The Hobbit" without
    > Peter Jackson would rather be like apple pie without the apple. So New
    > Line is between a rock and a hard place - my heart bleeds for them.


    They have a new movie out soon.....playing on "who brought you the lord
    of the rings".... yeah right.......

    > Now back to morality. I have no sympathy for these American companies
    > expecting users of their IP to act to extremely high moral standards (eg
    > respecting foreign patents) when these companies have very low moral
    > standards when it comes to their business dealings. Sounds rather two
    > faced and hypocritical, doesn't it.


    yep....but if you take the general corruption of US business and similar
    in its politics....why act surprised.......

    regards

    Thing
     
    thingy, Jul 31, 2007
    #2
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