05.25.09

Gemini version available ♊︎

Is the United Kingdom Immune to Software Patents? Continental Europe is… for Now… Sort of…

Posted in Europe, Free/Libre Software, Law, Microsoft at 4:38 pm by Dr. Roy Schestowitz

boy-and-girl-on-the-beach

Summary: The impact of the Symbian case revisited; Europe under threat of anti-FOSS laws, which Microsoft craves

NOKIA (proprietor of Symbian) deserves no honour or credit whatsoever for what it did in Europe regarding software patents [1, 2].

According to these lawyers, however, the infamous Symbian case did not really change anything in the UK. To quote:

If anyone thought that Symbian really changed anything at the UK-IPO, the IPKat thinks that they are probably either overly optimistic or mistaken. The test, such as it is, is now still the familiar 4-step Aerotel test, but bearing in mind that computer programs can make a technical contribution, contrary to what the 4-step test might suggest.

In other older news, attempts to legalise software patents in Europe are back, but they are dressed a little differently.

Another open door for software patents in EU

[...]

A new international treaty United Patent Litigation System (UPLS) that may create an centralised trusted patent court is the new open door for software patents in the European Union.

The draft UPLS is inspired from the now defunct European Patent Litigation Agreement (EPLA) and is estimated to creat a new international patent court. As FFII (Foundation for a Free Information Infrastructure) points out, the system will by-pass the national courts. This court system would be shielded against any review by the European Court of Justice (ECJ). Thus, hand-picked patent judges will have the last word on software patents, meaning that will have the ultimate power to interpret patent law.

To quote Jefferson, “the price of freedom is eternal vigilance.” Microsoft is still lobbying for software patents in Europe, despite some setbacks. Don’t let them pawn tomorrow’s programmers and even hold them hostage by pieces of paper that symbolise nothing of substance.

“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway.”

Marshall Phelps, Microsoft

Hung shoes

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. The Letter EPO Management Does Not Want Applicants to See (or Respond to)

    A letter from the Munich Staff Committee at the EPO highlights the worrying extent of neglect of patent quality under Benoît Battistelli and António Campinos; the management of the EPO did not even bother replying to that letter (instead it was busy outsourcing the EPO to Microsoft)



  2. IRC Proceedings: Saturday, December 04, 2021

    IRC logs for Saturday, December 04, 2021



  3. EPO-Bribed IAM 'Media' Has Praised Quality, Which Even EPO Staff (Examiners) Does Not Praise

    It's easy to see something is terribly wrong when the people who do the actual work do not agree with the media's praise of their work (a praise motivated by a nefarious, alternate agenda)



  4. Tux Machines is 17.5 Years Old Today

    Tux Machines -- our 'sister site' for GNU/Linux news -- started in 2004. We're soon entering 2022.



  5. Approaching 100

    We'll soon have 100 files in Git; if that matters at all...



  6. Improving Gemini by Posting IRC Logs (and Scrollback) as GemText

    Our adoption of Gemini and of GemText increases; with nearly 100,000 page requests in the first 3 days of Decembe (over gemini://) it’s clear that the growing potential of the protocol is realised, hence the rapid growth too; Gemini is great for self-hosting, which is in turn essential when publishing suppressed and controversial information (subject to censorship through blackmail and other ‘creative’ means)



  7. Links 4/12/2021: IPFire 2.27 Core Update 162 and Genode OS Framework 21.11

    Links for the day



  8. Links 4/12/2021: Gedit Plans and More

    Links for the day



  9. Links 4/12/2021: Turnip Becomes Vulkan 1.1 Conformant

    Links for the day



  10. IRC Proceedings: Friday, December 03, 2021

    IRC logs for Friday, December 03, 2021



  11. Links 4/12/2021: EndeavourOS Atlantis, Krita 5.0.0 Beta 5, Istio 1.11.5, and Wine 6.23; International Day Against DRM (IDAD) on December 10th

    Links for the day



  12. Another Gemini Milestone: 1,500 Active Capsules

    This page from Balázs Botond plots a graph, based on these statistics that now (as of minutes ago) say: “We successfully connected recently to 1500 of them.” Less than a fortnight ago more than 1,800 capsules overall were registered by Lupa, almost quadrupling in a single year



  13. [Meme] António Campinos and Socialist Posturing

    Staff of the EPO isn’t as gullible as António Campinos needs it to be



  14. António Campinos as EPO President is Considered Worse Than Benoît Battistelli (in Some Regards) After 3.5 Years in Europe's Second-Largest Institution

    The EPO's demise at the hands of people who don't understand patents and don't care what the EPO exists for is a real crisis which European media is unwilling to even speak about; today we share some internal publications and comment on them



  15. Media Coverage for Sale

    Today we're highlighting a couple of new examples (there are many other examples which can be found any day of the year) demonstrating that the World Wide Web is like a corporate spamfarm in "news" clothing



  16. Links 3/12/2021: GNU Poke 1.4 and KDDockWidgets 1.5.0

    Links for the day



  17. IRC Proceedings: Thursday, December 02, 2021

    IRC logs for Thursday, December 02, 2021



  18. Links 3/12/2021: Nitrux 1.7.1 and Xen 4.16 Released

    Links for the day



  19. Links 2/12/2021: OpenSUSE Leap 15.4 Alpha, Qt Creator 6

    Links for the day



  20. The EPO's “Gender Awareness Report”

    There’s a new document with remarks by the EPO’s staff representatives and it concerns opportunities for women at the EPO — a longstanding issue



  21. IRC Proceedings: Wednesday, December 01, 2021

    IRC logs for Wednesday, December 01, 2021



  22. EPO Staff Committee Compares the Tactics of António Campinos to Benoît Battistelli's

    The Central Staff Committee (CSC) of the EPO talks about EPO President António Campinos, arguing that “he seems to subscribe to the Manichean view, introduced by Mr Battistelli…”



  23. Prof. Thomas Jaeger in GRUR: Unified Patent Court (UPC) “Incompatible With EU Law“

    The truth remains unquestionable and the law remains unchanged; Team UPC is living in another universe, unable to accept that what it is scheming will inevitably face high-level legal challenges (shall that become necessary) and it will lose because the facts are all still the same



  24. Links 1/12/2021: LibrePlanet CFS Extended to December 15th and DB Comparer for PostgreSQL Reaches 5.0

    Links for the day



  25. EPO Cannot and Will Not Self-Regulate

    The term financialisation helps describe some of the activities of the EPO in recent years; see Wikipedia on financialisation below



  26. [Meme] Germany's Licence to Break the Law

    Remember that the young Campinos asked dad for his immunity after he had gotten drunk and crashed the car; maybe the EPO should stop giving diplomatic immunity to people, seeing what criminals (e.g. Benoît Battistelli) this attracts; the German government is destroying its image (and the EU’s) by fostering such corruption, wrongly believing that it’s worth it because of Eurozone domination for patents/litigation



  27. EPO Dislikes Science and Scientists

    The EPO's management has become like a corrupt political party with blind faith in money and monopolies (or monopoly money); it has lost sight of its original goals and at this moment it serves to exacerbate an awful pandemic, as the video above explains



  28. Links 1/12/2021: LibreOffice 7.3 Beta, Krita 5.0, Julia 1.7

    Links for the day



  29. Links 1/12/2021: NixOS 21.11 Released

    Links for the day



  30. IRC Proceedings: Tuesday, November 30, 2021

    IRC logs for Tuesday, November 30, 2021


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

Recent Posts