Bonum Certa Men Certa

McCreevy's Successors Are Getting Their Way With Software Patents in Europe

"The theme, or the background music, to both of these particular directives you could see as part of, anti-globalisation, anti-Americanism, anti-big business protests --- in lots of senses, anti-the opening up of markets."

--Charlie McCreevy



Summary: Barnier and van Quickenborne step forward with a bad plan by excluding Italy

FOR THOSE who are new to the antics of Charlie McCreevy, this is the person who for several years threatened to create a route which would facilitate patenting of software in Europe. McCreevy failed despite daemonisation of his critics, but the same old proposals kept renaming themselves and they fell into the hands of people equally dangerous, to whom ruining Europe's advantage when it comes to patents seemed like a goal. Barnier et al. [1, 2, 3] did some of the work and Vincent van Quickenborne, who kept ignoring the problems (at times even citing Microsoft lobbyists from the United States) was also a big pusher for the McCreevy agenda [1, 2, 3, 4]. Now they call it "EU patent" and Microsoft has been lobbying very hard for it. To Microsoft, the return on investment is huge even if they can just alter a few words. Microsoft seems to be in the process of becoming a patent troll, so it wants its patents to be valid in Europe.



On Friday there was a disturbing new development because a Council Meeting sought to exclude opposition by excluding entire countries as we will show later in the post. Financial blackmail was also considered as an option by some.

After it turned out in the extraordinary Competitiveness Council meeting of 10 November 2010 that, due to the controversy regarding a commonly accepted language regime, "there will never be unamity on a EU patent" (see this post and the press conference of Mr Vincent Van Quickenborne), the "willing" EU member states intensified the discussion on (and apparently their efforts towards) an enhanced co-operation, i.e. an EU legislative agreement among a small group of EU members to launch a diminished EU patent based on the 'Munich' three languages system, as proposed by the European Commission on 30 June 2010.

[...]

Anyway. It is expected that Frenchman Michel Barnier, the EU commissioner for internal market and services, will present a proposal to the Competitiveness Council on the next meeting, which Mr Van Quickenborne expects to be "decisive on the single EU Patent" in a recent tweet.


Why is he trying to become an enemy of software in the EU? It's not even about software freedom, it's about the interests of all software developers who reside in Europe. The EU Council Press also attributes this to Vincent van Quickenborne:

Competitiveness #EUCouncil tomorrow chaired by @VincentVQ to discuss #EU patent http://bit.ly/g1M0wG cc @EPOorg


Unlike what this headline may suggest, it's not final, but it sure seems like countries are being pressured to comply with bad ideas.

So far there are 10. At least nine EU countries were needed to make an end-run around Italy to create a united patent and protect the design of products sold across their borders.


"Spain's veto on EU patent" is also being treated as a nuisance rather than an opportunity to understand the real situation.

Ten European Union countries have formally asked to create a common patent regime after Italy and Spain blocked attempts to introduce an EU-wide system, EU market regulation commissioner Michel Barnier said Wednesday.

'I have received a letter from 10 states,' Barnier said, mentioning Denmark, Estonia, Finland, France, Germany, Lithuania, Luxembourg, the Netherlands, Slovenia and Sweden.

The group wants to start a so-called 'enhanced cooperation' - the practice which allows a minimum of nine EU countries to go pursue a common initiative even if not all others want to take part in it.


They are trying to humiliate and shame countries into it.

More here:

Ten member states have sent an official formal request to Internal Market Commissioner Michel Barnier calling for enhanced cooperation on the creation of an EU patent. France, Denmark, Estonia, Finland, Germany, Lithuania, Luxembourg, the Netherlands, Slovenia and Sweden requested that the EU executive submit to the Council a proposal for the establishment of such cooperation under the terms of Article 329 TFEU with regard to the creation a Community patent protection covering the territories of participating member states.


As the president of the FFII put it

Barnier also promised there would be 'no discrimination for any business' filing for patent protection (a lie) http://ur1.ca/2jnby


Vincent van Quickenborne is just excited to do this harm in defense of which he cites Microsoft lobbyists. "11 countries signed the letter for enhanced cooperation. SWE NL FI DK LT FR EE SL DE LUX UK," he wrote. The EU Council Press seems to just be a booster of it as it calls it a "cherry on the cake":

.@VincentVQ on #EUpatent: "Today's result is the cherry on the cake of the Belgian Presidency of the #EU #Council" #eutriobe


Here is one summary from the FFII (no formal response yet because it has been a weekend):

Ten member states have sent an official formal request to Internal Market Commissioner Michel Barnier calling for enhanced cooperation on the creation of an EU patent.


Here is the only response we've found from FFII so far and a response from lawyers who profit from legal chaos (Falk Metzler, for example, with a press release).

@Keinpatent got #EPO #patent on tomato and broccoli dropped! Congrats


FSFE links to a WIPO study and says: "no robust empirical evidence that stronger patent rights stimulate growth", sez #WIPO study http://ur1.ca/2j474 [PDF] Times a'changing?"

If that's the case, why is Europe strengthening patents by expanding their scope? It makes no sense.

Recent Techrights' Posts

After Softpedia Pushed Out Its Linux News Editor - and Effectively Killed the Linux Section - it Killed the Whole News Section (Altogether)
So they've killed Linux coverage, then their whole "news" section died
Cybersecurity is a structural not behavioural problem.
Reprinted with permission from Cyber|Show
 
Plans for June
We'll try to publish Daily Links every time we have enough of these
The War on Free Software Reporters - Part III - Doxing and LARPing
LARPing is an issue I've had to deal with for nearly 20 years
Links 01/06/2024: Ukraine Updates, MongoDB Collapses
Links for the day
Gemini Links 01/06/2024: MNT Pocket Reform, Gemini and Content Length
Links for the day
Links 01/06/2024: WeblogPoMo2024, Pentagon’s Increasing Reliance on (i.e. Bailouts to) Microsoft
Links for the day
Twitter is (in Many Ways) Already Dead
Put an 'X' on it
Posts About Free Software, BSD, and GNU/Linux
Focus shifts have occasionally been discussed here over the years
Their Goal is Control, Not Security (and Their Staff Advocates Fake Security or Pricey Gimmicks That Disempower the Users)
Those companies just want control, or simply domination over users (and their computers)
[Meme] The Lowest Standards of Security
No need for any qualifications
IRC Proceedings: Friday, May 31, 2024
IRC logs for Friday, May 31, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Free Software is the Future, Open Source is Just Openwashing (Proprietary With a False Marketing Twist)
Also see postopen.org
Society Has Been Destabilised by Social Control Networks
Is it time to get rid of them, if not by sanctions/bans then simply by popular boycotts?
Gemini Turns 5 This Month
As long as Geminispace exists and is accessed by enough people, Gemini Protocol will continue to matter
Links 01/06/2024: More Crackdowns in Hong Kong, Street Named After Navalny
Links for the day
The War on Free Software Reporters - Part II - Antisocial Mobs
how various GNU/Linux bloggers got "canceled" over the years
Microsoft's Share of Physical Web Servers Fell From 9.14% to 9.04% in One Month
What's interesting to us is how Microsoft continues moving down in everything measured
Links 31/05/2024: Escalations in Ukraine and Russia, National Reporter's Shield Law in US
Links for the day
Links 31/05/2024: Generating and Using Identifiers, Why Unicode
Links for the day
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: In Summary
Some high-profile examples of defamation include Linus Torvalds, Richard Stallman...
[Meme] Never "Missing Out" in FOSS Conferences
The sexists who objectify women and bully women are going to FOSS events in pursuit of sex, according to themselves
Racism, Ageism, and Ableism at IBM/Red Hat and Kyndryl
IBM's Kyndryl is now accused of "racial, age, disability discrimination"
The War on Free Software Reporters - Part I - Why Techrights Cannot be Censored (and Won't be Censored)
Microsoft remains by far the biggest culprit
In Spite of Boot-locking (Trying to Make It Hard If Not Impossible to Install BSDs and GNU/Linux on New PCs) Microsoft's Grip is Rapidly Slipping
Escaping the Microsoft prison
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 30, 2024
IRC logs for Thursday, May 30, 2024
Microsoft's Problem in Puerto Rico
Notice how much Windows has fallen
Gemini Links 31/05/2024: MNT Pocket Reform and Benben v0.5.0
Links for the day
"I once preached peaceful coexistence with Windows. You may laugh at my expense -- I deserve it." -Be's CEO Jean-Louis Gassée
Execution of Red Hat: But I helped promote Azure and .NET
In Many Countries Vista 11's Market Share Goes Down, Not Up (Even Microsoft-Funded Mainstream Media Admits This)
More people are moving to GNU/Linux
10 More Days
Tux Machines turns 20.
[Meme] Meeting People on 'Dating Apps'
On the Internet, nobody knows you're a dog until you bark
The Campaign to 'End' Richard Stallman - Part IV - The Legitimate Concerns
So at least we now know why the FSF does not mention public talks
Links 30/05/2024: Public Domain and Kangaroo Courts
Links for the day
Canonical Works for Microsoft
Where are the antitrust regulators or CMA?
Links 30/05/2024: Microsoft Layoffs Back in Headlines, RISC-V and Standards
Links for the day
Gemini Links 30/05/2024: A Lonely Friend and Deletion of Old Posts
Links for the day
[Meme] 10 Years Down the New Career System (NCS) and What it Did to Our Collegiality
New from SUEPO, the staff union of the EPO
[Chart] Chromebooks in Micronesia Grew at the Expense of Microsoft Windows
As of today...
Angola: Microsoft Windows Down From 98% to 12%
Africa is "lost territory" for Microsoft colonialism
No News Drought in Techrights
Leaving my job after almost 12 years also contributes to available time for research and publication
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting My Wife
In my view, it is a form of overt sexism
Death Valley
The truth can be twisted
[Meme] UEFI 'Secure' Boot's Model of Security
Lion cage with people
Climbing a Tall Mountain for 2 Decades
In Web terms, 20 years is a very long time. Very few sites (or a small proportion of the whole) make it to 20.
If You're Going to Concern-Troll "Linux" Make Sure You Actually Use It (Or Tried It)
Concern-trolling has long been a key ingredient of GNU/Linux Fear, Uncertainty, and Doubt
The Serial Strangler From Microsoft is About to Be Served Court Papers
You can run, but you cannot hide
The Campaign to 'End' Richard Stallman - Part III - The Reddit Mob (Social Control Media Controlled, Steered or Commandeered by Wall Street)
This is totally reminiscent of what authoritarian regimes do
Caged by Microsoft
Are you telling me that preventing people from booting their Linux is security?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 29, 2024
IRC logs for Wednesday, May 29, 2024