Bonum Certa Men Certa

Is the EPO Selling Out to Microsoft?

“Staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money.

“One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.”

--Richard Stallman



Alison Brimelow



ACCORDING TO THE FFII, the EPO which is headed by Alison Brimelow (above) is perhaps acting against common sense and violating ethical guidelines by allowing the European Parliament no room in an important debate over software patents. What about the EBoA, which seems to be neglected for the time being?

“Microsoft-sponsored Czech presidency is working to ram software patents down the throat of the EPO using the so-called ‘Community’ patent.”Meanwhile, as we've been seeing recently [1, 2], the Microsoft-sponsored Czech presidency is working to ram software patents down the throat of the EPO using the so-called 'Community' patent. Those scare quotes are there to indicate that it's one of these words which come to mean exactly the opposite of what they were supposed to mean, similar examples being "globalisation", "harmonisation", "libertarian", "democracy", and "conservative". It's an attack on people's vocabulary and their ability to express ideas, even the ability to criticise what becomes glorified euphemisms.

The 'Community' patent is very anti-community in the sense that it's means for banning Free software which is developed by real communities. According to IAM Magazine (subscription needed), the Czech deputy prime minister is the latest among the culprits.

Only last week the Czech deputy prime minister was saying: "The key to innovation at times of crisis is incentivisation. Lack of IPR can be fatal to SMEs, who are the main drivers of our economy and who, according to many studies, outperform larger firms in terms of technological importance of their innovations." For this reason, he continued, the Czech presidency of the EU is "deeply committed" to finding solutions to the current Community patent and single jurisdiction impasses. It truly is a funny old world; especially in Europe


The rather alarming new press release is added below, in full. It sure seems like the EPO too has become part of this charade and already, as Microsoft's Marshall Phelps put it quite recently, the EPO "can’t distinguish between hardware and software so the patents get issued anyway."




EPO seeks to validate software patents without the European Parliament



Brussels, 17 March 2009 -- At the highest level of the European Patent Office (EPO), the legality of software patents in Europe is about to be tested. The FFII warns that the European Parliament is being bypassed by allowing a decision with EU-wide implications to be made without its involvement or any real debate.

The President of the European Patent Office (EPO), Alison Brimelow, has asked the Enlarged Board of Appeal (EBA) to decide on the interpretation of the European Patent Convention (EPC) regarding the exclusion of software from patentability. The EBA is replacing the European Parliament in order to validate software patents EU-wide without the need of a debate.

Benjamin Henrion, President of the association, says: "The current plan of the patent lobby is very clear: avoid a new software patent directive, validate the EPO practice via a central patent court, and guide the hand of the courts via a decision of the Enlarged Board of Appeal. They want to avoid the intervention of the European Parliament in substantive patent law."

The European Parliament has already criticized the lack of separation of powers within the EPO in its resolution of March 2000 on human cloning: "Considering that the EPO is an institution acting as judge and party, where the attributions and procedures have to be revised. [...] Demand the revision of rules of function of the EPO in order to guarantee that this institution can publicly justify the accountability in the exercise of its functions [...]."

Influential persons such Alfons Schäfers, German lawyer and President of GRUR, were pointing at the lack of democratic control over the EPO and was calling for a return within the EU legal framework: "The EPO should become part of the European Union, like the OHIM in Alicante. To keep the EPO outside that framework is quite ridiculous at a time when the EU is expanding to the political and historical boundaries of Europe. The EU institutions - especially the European Parliament, must be given the wherewithal to exercise firm democratic control and to frame and implement European patent legislation. That is the only way to overcome the European Parliament's growing suspicion of patent law."

Henrion finishes: "What the EPO is doing is taking the place of the Parliament and skip the debate. The objective of this move is to guide the hand of the judges in order to achieve validation of software patents without a new law."

Interested parties have up to the last day of April to send their comments to the Enlarged Board of Appeal.

Recent Techrights' Posts

The Word About the Upcoming Talk by Richard Stallman - Scheduled for Friday This Week - Has Spread ("The Cost of Freedom," Lausanne, Switzerland)
So the word is spreading
 
Neuroscience of Consciousness Paper: Why Social Control Media and Proprietary Spyware Harm Your Health
"Software Freedom turns out to be good for your health"
Access to the Source Code of the Programs You're Using Matters (Even If You're Not a Coder and Cannot Fix Bugs)
Companies like Microsoft tell us that full access to all the code isn't important
Guardian Digital (linuxsecurity.com) Publishes Fake Articles About Linux and About (for) 'Linux' Foundation Openwashing
Brittany Day is at it again
Links 14/01/2025: LA Crisis and EU, UK Respond to "X.com" Threat From South African Oligarch
Links for the day
"AI Music" is Not Music and It's Hardly "AI" Either
Synthetic garbage is a solution in search of a problem
Webspam in BetaNews
Not only is it marketing SPAM
[Meme] 13 Years a Slave of Microsoft
Might makes right?
Gemini Links 14/01/2025: The Gemtext Print Hurdle and New Game: Fill!
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 13, 2025
IRC logs for Monday, January 13, 2025
Links 13/01/2025: Conflicts, Prisoner Exchange, and Homes on Fire
Links for the day
Angola: Microsoft Windows Falls Below 10%
Microsoft has a really bad 2024 in Africa
[Meme] Twitter ("X") Has Been Grooming Radicals Since 2022
Musk's very own "grooming gang"
[Meme] What Free Speech Ought to Mean
It does not sound like RMS suggests anything other than quitting social control media
Gemini Links 13/01/2025: RestFest, Yule, and Deedum
Links for the day
Modern Web Browsers as Web Censorship Software
We continue to recommend Geminispace
Two Weeks From Now Dr. Richard Stallman Speaks at The Summit of Future 2025 (India)
he will be giving a "Keynote Address" in India
Microsoft is Tight With Money: It's About the Salaries ('Cost' of the Workers)
a question of cost, not skill
Google Got People Sort of Addicted to Android So It Can Cash in (Services, App Store, Advertising) Decades Later
This is not software freedom
The Free Software Foundation Reaches 370k Dollars in Funding, Due Date is January 17th When Richard Stallman is Guest of Honour in Lausanne (Switzerland)
Even fellow board members seem unaware of it
Record Lows for Windows (Microsoft) in Botswana
The market share of Vista 11 is seen as going down
Preserving Deleted Articles About Bill Gates Talking Like a Drug Dealer About Computer Users
Now it's 2025. Different challenge.
Links 13/01/2025: Disinformation, Social Control Media Actively Promoting Nazism, and Catchup With Ukraine
Links for the day
Microsoft Front Group Starts the Year by Championing Underage (or Child) Labour
the fake 'FSF'
TPM Boosters Inside Debian (TPM Isn't About Security, It is About Control Over Users and Their Machines)
We're not rushing to any conclusions
Aaron Swartz Died 12 Years Ago After a Vicious Government Campaign to Stop Him
The Aaron Swartz story is a reminder of the importance of having verifiable/verified information out there for the general public to see
Links 13/01/2025: GitLab Enshittification and Minimalism and Efficiency with Gemini Protocol
Links for the day
Links 13/01/2025: Hardware, Health, and Conflicts
Links for the day
Chatbots Are Not Data-Driven, They're Human-Censored and Rely on Wage Slaves (and Sometimes Unpaid Volunteers)
This is the Microsoft wage slavery
Microsoft Appears to Have Fallen to Only 15% in Maldives
This is a problem for Microsoft
Rumours of IBM Canada Layoffs
We'll keep a vigilant eye on this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 12, 2025
IRC logs for Sunday, January 12, 2025
Bots Covering Debian Releases
It would be quite safe to guess that chatbots were at least partly leveraged for that text
Gemini Links 12/01/2025: No Country For Old Men, Burned Homes, and "Planet P is Clean"
Links for the day
Slopwatch: Brittany Day and Brian Fagioli Are Still at It, Googlebombing "Linux" With LLM Slop (Taking Away Traffic From the Articles They're Plagiarising)
Some more sites that used to cover GNU/Linux have turned into slopfarms
Links 12/01/2025: Microsoft Admits It's Laying Off Staff Only Where Staff is "Expensive" (Race to the Bottom)
Links for the day
[Meme] Being High on Drugs Isn't Happiness (Likewise, Being a "Star" in Social Control Media is Temporary)
Many entities - or people - will regret telling everybody "follow me on Twitter"
[Meme] They Say That RMS Says the "F" Word (Freedom) Too Much...
About 32.7k US dollars are now left for the FSF to raise (in 6 days)
Links 12/01/2025: More Sanctions Against Russia, SCOTUS Signals Fentanylware (TikTok) Ban Will Stay
Links for the day
[Meme] A Jihad Against Servers the User Controls
We need to strive for and work towards greater control by users over "their" servers
Microsoft Azure-Only Bugs in "Linux" Can "Compromise the System."
From ubuntu.com and linux.org a few days ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 11, 2025
IRC logs for Saturday, January 11, 2025
Gemini Links 12/01/2025: DHL Express Does Not Deliver, Oddmuse Update
Links for the day