Bonum Certa Men Certa

Failing SCO, Microsoft Eyes EU and Software Patents

Languishing case dragged on for half a decade

"[Emerson, Microsoft senior vice president for strategy] stated that Microsoft wished to promote SCO and its pending lawsuit against IBM and the Linux operating system. But Microsoft did not want to be seen as attacking IBM or Linux."

--Larry Goldfarb (of BayStar)



Readers might be wondering what all those SCO-related quotes are about. We've posted many of them so far today in order to symbolise and draw attention to the Halloween Documents, which intersect with today's special day. As stated in Wikipedia, there was an "e-mail from consultant Mike Anderer to SCO's Chris Sontag revealing Microsoft's channeling of US$ 86 million to SCO."



“It's worth remembering that Novell approached Microsoft for this deal, not the other way around.”Failing copyrights libel, as implicitly suggested inside the Halloween Documents, Microsoft has already resorted to unbacked patents libel. It's the next logical step and a last option too. That resistance phase was ignited a year and a half ago and it was empowered by the patent deal Microsoft had signed with Novell. It's worth remembering that Novell approached Microsoft for this deal, not the other way around.

Software patents are 'softer' than copyrights and their legitimacy is constantly being questioned; their very existence is challenged. Software patents are still illegal in the large majority of the world, so Microsoft has reasons for concern about its unfounded claims and threats. After all, SCO was fined in Germany for such slander. Can Microsoft too be fined? Either way, there is an endless pursuit for software patents in Europe, courtesy of Microsoft, a few other companies, and the pressure groups they employ [1, 2].

In reality, owing to existing confusion and lack of clarify, “they [EPO] can’t distinguish between hardware and software so the patents get issued anyway," says Microsoft's Marshall Phelps.

Europe's assignment of the infamous software patent situation to the enlarged board was mentioned here earlier [1, 2, 3]. The following report from IDG suggests that Pieter Hintjens, former head of FFII welcomes this decision.

In an interview at the beginning of this year, shortly after she took over the top job in Munich, Brimelow said she wasn't ready to refer the software patents question to the EBoA, perhaps out of respect for her predecessor.

Now that she is ready, the reaction has been positive.

"It will be a landmark case with a sizeable effect on the interpretation of patent law even beyond Europe," said Thomas Vinje, an intellectual property expert and partner at the law firm Clifford Chance.

Pieter Hintjens, a prominent campaigner against software patents during the political debate in 2005 and founder of software company Imatix, welcomed Brimelow's decision.

"The (EPO) has resisted doing this for many years. In the past it didn't want to clamp down on software patent applications for economic reasons: The EPO makes money from patent applications and renewals. Brimelow at last is taking a healthier approach, prioritizing the long-term interests of society ahead of the short-term financial ones," Hintjens said.


There is some more background reading to this in The Register.

The European Patent Office (EPO) has asked its ultimate legal authority to look at the European Patent Convention (EPC) and issue advice on the patentability of software. The EPO said that such advice was necessary to ensure the uniform application of the EPC.


We have been writing quite extensively about what Symbian (Nokia) has done in the UK. It harmed the country's treatment of software patents [1, 2, 3, 4, 5]; however, according to this, the situation in the UK can be impacted by the conclusions reached in continental Europe.

The thorny issue of software patents in the EU was again in the news last week. Regular readers will recall the ongoing row between the UK Intellectual Property Office (UK IPO) and the courts over the former's application of both UK and EU case law on the extent to which computer software can be patented. The most recent round a couple of weeks back saw the Court of Appeal find the UK IPO was wrong to deny a patent to Symbian's PC performance enhancing software. Now the European Patent Office (EPO) has sought clarification by way of a reference to the Enlarged Board of Appeal (which hears appeals against EPO decisions) seeking to clear up some of the finer points of the application of European patent law. Those clever kitties at the IP Kat reckon the referral should end some of the uncertainty over computer software at the EPO level and (indirectly) aid the UK IPO as well. Let's hope so.


These are interesting times and an important test for the European patent system. Brimelow does not want another riot.

Software patents protest against EPO

Recent Techrights' Posts

Hard to Find a Job After Working for Microsoft (Back Doors Giant, Bribery Hub)
It generally looks like people who chose to serve Microsoft's agenda don't end up too well
Altering Perceived Reality to Make It Seem Like Microsoft is Thriving, Not Failing
pretend XBox did not die
 
Media Says Microsoft Hiring Freezes, But There Are Already Microsoft Layoffs
They want the public to talk about Microsoft as if it's just not hiring when it is actually firing
Richard Stallman lynchings: Sruthi Chandran splitting Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 26, 2026
IRC logs for Thursday, March 26, 2026
Links 26/03/2026: Tor Relay at National Taiwan Normal University, Copyright Hammers Fall
Links for the day
Gemini Links 26/03/2026: "The War of the Worlds" and "sometimes science is just the dumbest thing"
Links for the day
The World Wide Bots
The shape of the Web is so bad that bots exceed humans in some places
Links 26/03/2026: Solicitors Regulation Authority (SRA) Closes 101 Law Firms in 2 Years, "Please Compensate the Work You Appreciate"
Links for the day
Regaining Software Freedom Means Regaining Control Over Programs That Run on Our Devices
Richard Stallman will speak in Italy
Microsoft Secure Boot Removes Users' Choice
Has Greenland banned Microsoft and 'secure' boot yet?
IBM Pushes Workers Out, It Does Not Count Them as "Layoffs"
The number of IBM layoffs can be as large as tens of thousands per year
Microsoft Lost 31% Of Its Alleged "Value" in Five Months, Then It Got Downgraded
In 2026 Microsoft focuses on keeping the layoffs silent
SLAPP Censorship - Part 24 Out of 200: The Failed Effort by Brett Wilson LLP to Strike Out My Lawsuit and My Wife's Lawsuit Against Garrett (the Master Allowed Our Lawsuits to Proceed)
This is lawfare
Official New Figures Show That Solicitors Regulation Authority (SRA) Sees Rise in Dishonesty Among Law Firms Forcibly Shut Down ('Euthanised' Due to Misconduct)
It's rather if in our little country as many as 16 law firms were found to be so dishonest that they needed to be shut down
Back to Normalcy
In our datacentre at least
IBM is "Increasing Its Temporary and Part-time Headcount" While Net Headcount Falls (Despite Buying Many Companies and Their Workforce)
Headcount is a rather superficial yardstick.
Confluent Insiders: IBM Laid Off Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
EPO Union Decides to Continue Industrial Actions, Next Strike in Four Days
The latest strike had the highest participation rate
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 25, 2026
IRC logs for Wednesday, March 25, 2026
Microsoft's "Silent Layoffs" in Slop Clothing
"AI-powered transformation" is just a euphemism for mass layoffs
Where and How to Spot LLM Slop
Many people correctly perceive LLMs as a site's downfall, a step towards the abyss
Public Talk by Richard Stallman in Half a Day "at the Engineering and Architecture Campus of Cesena of the University of Bologna"
He'll probably attract a fairly large crowd
Gemini Links 26/03/2026: Buying a House, Stargazing, OFFLFIRSOCH 2026
Links for the day
Links 25/03/2026: Nations Return to Russian Oil and Burning Wood
Links for the day
Gemini Links 25/03/2026: Resisting Authoritarianism and Why Slop Needs to Go Away
Links for the day
Fedora Maintainer-ship Using Slop (Mistakes) Would Make Fedora Less Reliable
It won't produce reliable code or stable systems one can rely upon
IBM's "Legacy Employees" (Experienced Workers, IBM Management Dubs Them 'Dinobabies')
This notion of "legacy employees" seems like something overlapping with "expensive" (well paid) staff, even if not entirely equivalent
EPO's "Current Industrial Actions Are Likely to Intensify Further."
There is another strike in 5 days
This Morning The Register MS Published Slop Promotion With the Term "AI" 15 Times In It. The Register MS Was (As Usual) Paid to Do This
This is not a serious publisher
SLAPP Censorship - Part 23 Out of 200: We Were Right All Along (for 2 Years) About Third Party Funding and Willingness to 'Break the Bank' in Pursuit of "Revenge"
How much damage can a person do to oneself in pursuit of cover-up of legitimate technical concerns?
Gnome Foundation Inc is in Trouble
the agenda is set GAFAM and IBM rather than donors
Links 25/03/2026: Airports Further Militarised, "Slopification and Its Discontents", Microsoft 'Open' 'Hey Hi' Shutting Things Down
Links for the day
Gemini Links 25/03/2026: Blogging Fright and Absolutely Useless 'Apps' Made by Slop Machines
Links for the day
Rise in Energy Prices Will Significantly Accelerate the Death of So-called "AI Companies"
It should be noted that fake news about Microsoft OpenAI doubling workforce (mere words, not actions) can serve as a nice distraction from the death of Sora due to divestment
It's Always a Question of Trust
There's a widespread stigma of lawyers being manipulative and chronically dishonest
Solicitors Regulation Authority (SRA) Must More Carefully Investigate or Assess the Financial State of Law Firms in the UK
We'll cover this in depth in the future
GAFAM Mozilla Removes Theora Support, Now GNU Needs to Re-encode Videos
Mozilla used to mean something to Free software advocates
An Open Admission Profits Depend on Addiction
Proprietary software tends to be like this
IBM Americas President Ayman Antoun Comes to OpenText, Weeks Ahead the Mass Layoffs Begin
Is that what IBM will be good at?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 24, 2026
IRC logs for Tuesday, March 24, 2026