EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

10.30.08

Failing SCO, Microsoft Eyes EU and Software Patents

Posted in Europe, GNU/Linux, Kernel, Microsoft, Novell, Patents, SCO at 1:48 pm by Dr. Roy Schestowitz

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

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 29/9/2014: OpenDaylight Helium Release

    Links for the day



  2. European Patent Office Disorganisation: Problems With the Audit Mechanisms - Part IV

    A prelude to a long article about a thug called Topić, his controversial Battistelli-sponsored appointment, and the removal of auditory functions by Battistelli



  3. More Good News About Demise of Software Patents and Along With Them, Consequently, Patent Trolls

    A weekly roundup of news about patents in the United States and elsewhere, with special focus on software patents



  4. IRC Proceedings: June 22nd, 2014 – September 13th, 2014

    Many IRC logs



  5. Links 28/9/2014: Moto X, End of OpenSUSE 11.4

    Links for the day



  6. CBS Continues to Get Heavily Occupied by Microsoft Staff to Spread Microsoft Propaganda

    The CBS-owned ZDNet continues to hire people who have worked or are currently working for Microsoft and unsurprisingly enough they use their newly-acquired positions to praise Microsoft and bash Microsoft's competition, usually with no disclosure of their conflict of interest



  7. Links 27/9/2014: Linux (Almost) Everywhere, Features Of Linux 3.17

    Links for the day



  8. Microsoft Fakes 'Charity' and Uses Religious Groups to Acquire Lock-in in the Public Sector

    Microsoft's involvements with NGOs and with governments lead to more distrust, more surveillance, less freedom, and ultimately systemic corruption



  9. Bill Gates' Privatisation Crusade

    Mr. Gates, seeking to increase his huge profits and political power, reaches out to Catholic leaders and David Christian



  10. Tux Machines Under DDOS Attack

    Most of Tux Machines continues to work as usual, but some parts are temporarily restricted to keep the server running



  11. Links 26/9/2014: LibreOffice Celebrations, Betas of *buntu

    Links for the day



  12. Links 25/9/2014: KDE Roadmap, Bash Bug, GNOME 3.14 in Next Fedora

    Links for the day



  13. Links 24/9/2014: GNOME 3.14 Released, Bash Has a Bug

    Links for the day



  14. Links 21/9/2014: Fedora 21 Alpha

    Links for the day



  15. More of Bill Gates' Investments in GMO and Mass Indoctrination Under the Disguise of 'Donations'

    Microsoft's arrogant and famously corrupt co-founder is taken to task by those whom he is trying to bamboozle for monopoly, unlimited cross-generational power, and never-ending profit without risk



  16. Home Depot Confirmed a Victim of Microsoft's Bad Security, Microsoft Lays Off Security-Related Staff

    News reports circulate showing that Home Depot was knowingly careless with its Windows dependency while Microsoft lays off staff focused on security



  17. European Patent Office/Organisation - Suspicion of Improper Collusion Between EPO President and Chairman of the Administrative Council: Part III

    A preliminary look at Battistelli's reign and how regulatory powers got abolished, leaving the EPO reckless and largely unaccountable



  18. Links 21/9/2014: xorg-server 1.16.1, Linux Kernel 3.16.3

    Links for the day



  19. Links 20/9/2014: GNOME 3.13.92, Android L

    Links for the day



  20. Scanning Patent Troll Implodes; Is the Podcasting Patent Troll Next?

    MPHJ loses and Personal Audio LLC perhaps wins for the last time since software patents are quickly losing legitimacy in the United States



  21. If CAFC is Not Above the Law, Then it Should be Shut Down Now

    A long series of abuses in CAFC may as well suggest that this court has become broken beyond repair



  22. The Latest From Microsoft Patent Trolls and Patent Partners

    Microsoft-linked and Linux-hostile trolls continue their relentless attacks (albeit with little or no success) while patents as a weapon lose their teeth owing to a Supreme Court ruling



  23. Microsoft Proves That Its Massive Layoffs Are Not About Nokia

    Microsoft is laying off a lot of employees who have nothing at all to do with Nokia



  24. Links 19/9/2014: Another Red Hat Acquisition, Netflix Dumps Microsoft Silverlight and Brings DRM to WWW

    Links for the day



  25. Links 18/9/2014: Windows Copying GNU/Linux, Germany Moves to Security

    Links for the day



  26. Web Site 'Patent Progress' Now Officially 'Powered by CCIA' (FRAND Proponent, Microsoft Front)

    After talking a job at CCIA, "Patent Progress" and its chief author should be treated as dubious on real patent progress



  27. Articles About the Death of Software Patents in the United States

    Recent coverage of software patents and their demise in their country of origin, where even proponents of software patents are giving up



  28. The Death of Software Patents is Already Killing Some Major Patent Trolls

    VirnetX seems to be the latest victim of the demise of software patents in the United States



  29. More Microsoft Layoffs

    More Microsoft layoffs go ahead as the company is unable to compete



  30. ODF on the Rise

    Milestones for OpenDocument Format (ODF) and the launch of FixMyDocuments


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts