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

12.18.09

European Commission Plans to Allow Patent Imperialism, Authorises Microsoft’s Attack on Free Software

Posted in Europe, Free/Libre Software, GNU/Linux, Law, Microsoft, Novell, Open XML, Patents at 12:39 pm by Dr. Roy Schestowitz

Michel Barnier
The man whose job is to pass
anti-Free(dom) software laws

Summary: The EU Commission wants Michel Barnier to make the Community patent a reality (“community” being a euphemism that would fascinate even Orwell)

André Rebentisch points out that in these documents from the EU Commission exists evidence that it actually strives — not just considers — to create a back door for software patents to enter the continent. Here is the man to watch out for:

Mr Michel BARNIER

Commissioner designate
− We should work to make real progress on free movement of services, beginning with a full implementation of the Services Directive. A review of the professional qualifications legislation will also be needed.
− As to public procurement and intellectual property rights, you will take the lead on our efforts to secure the adoption of a Community patent, and developing effective policy for the enforcement of intellectual property rights.
− Integrated, efficient and safe financial markets are needed more than ever to help the EU economy grow again. However, the EU’s regulatory framework and the supervisory structures must be strengthened, and you will have a key role to ensure this happens.
To help you fulfil your responsibilities, DG MARKT will be under your authority as well as the Office for Harmonisation in the Internal Market (OHIM).

Rebentisch has also taken a look at the Commission’s latest deal with Microsoft (we covered it in [1, 2, 3]) and found evidence that OOXML is indeed the scam people have been warning about. From the summary:

Microsoft will document “additional information” to ECMA 376 and will comply with ECMA 376 1st January and shields the freedom to create software as a work of art pour l’art.

The next section says: “Now the patent pledge for open source… developers!”

It is worth seeing all the nasty verbiage that Microsoft has bundled so as to exclude Free software. It is truly appalling, so the FSFE, Groklaw, Glyn Moody and other parties that are familiar with these matters have publicly complained. Matt Asay, on the other hand, seems to have fallen victim to the PR. He is belittling Microsoft’s crimes, which are very unique, leading to some negative comments. “Matt seems to pity the tiger,” argues Neko Nata and Steve Stites wrote a long response which includes the following reference to Novell, Asay’s former employer.

The Novell contract was an agreement meant to bring Open Source under Microsoft’s control. Steve Ballmer was surprised when the Open Source movement defeated the contract by simply boycotting Novell.

Recently we’ve been finding claims that Microsoft deliberately settles with some patent trolls so that they proceed to terrifying the entire industry. Bill Gates and Microsoft happen to fund the world's biggest patent troll. Watch this latest consequence, which we mentioned just the other day.

Secretive Patent Holder Sues Lots Of Companies For Remote Activation Software

[...]

Obviously, none of those companies could have come up with ways to remotely activate software without this patent (yes, that’s sarcasm). As the Register notes in the link above, even some of the software products listed as violating this patent don’t seem to involve activation at all, raising serious questions about how they could possibly violate this patent. This sounds like yet another case of someone having read the book Rembrandt’s in the Attic and deciding to go trolling for companies to sue with a meaningless patent.

This system of high risk is problematic for Free software and Microsoft knows it (both lawsuits and perceived risk are harmful). That’s why Microsoft fuels it.

“Small Software companies cannot afford to go to court or pay damages. Who is this software patent system for?” —Marco Schulze, Nightlabs Gmbh

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

8 Comments

  1. Needs Sunlight said,

    December 18, 2009 at 1:12 pm

    Gravatar

    As for Matt being out of touch, his background includes Novell. No telling what’s up with him now but a bad start like that in his career isn’t going to turn around slowly.

  2. Needs Sunlight said,

    December 18, 2009 at 1:15 pm

    Gravatar

    The quote from Marco Schulze is great but it misses the larger group at risk: small and medium sized companies. If the issue were copyright, then the quote would be spot-on. However, the issue is usage of software, that’s what patents are about: usage. So the phrasing should be unquoted and corrected to take into account the real scope of the threat:

    “Small companies cannot afford to go to court or pay damages. Who is this software patent system for?”

    Roy Schestowitz Reply:

    Don’t you just repeat the point he made?

  3. Jose_X said,

    December 19, 2009 at 12:17 am

    Gravatar

    We need to market patent problems much louder so that ordinary people realize their losses and petition their representatives.

  4. Jose_X said,

    December 19, 2009 at 12:19 am

    Gravatar

    I thought it was bad news when the FFII guy (sorry, don’t remember name) got that award. I think it was their way of getting rid of him while smiling for the cameras (let him have his moment in the spotlight while we get some votes of approval, they likely thought).

    Jose_X Reply:

    I hope this comment is not taken as disrespectful. Here is a link http://www.nosoftwarepatents.com/en/m/about/founder.html

    >> Mr. Müller asked us to mention that he views those awards and honors as “a recognition of what our overall resistance movement achieved”. He stresses that he owes his nominations “to all activists and citizens who supported our cause, especially to the FFII (Foundation for a Free Information Infrastructure)”.

    What I am saying is that I worry that giving the award (directly or indirectly) was a way to make concession (tip hat) to a worthy foe but ultimately not give in.

    Jose_X Reply:

    The community patent might end up being a weak(er) law or it might not.

    I think the lesson to be learned is that this is a constant battle.

    What we have to show is that the more time passes, the more people dislike patents and associate the monopolies with an abuse of power, an infringement on people’s rights, a decrease in competition and in innovation, an increase in costs, a consolidation of power, etc.

    [I posted this the other day: http://www.patentlyo.com/patent/2009/12/predicted-2009-patent-application-filings.html?cid=6a00d8341c588553ef0128765f242c970c#comment-6a00d8341c588553ef0128765f242c970c ]

    Roy Schestowitz Reply:

    Right now he works with Monty on the MySQL situation.

What Else is New


  1. Links 25/7/2016: Linux 4.7 Final, PostgreSQL 9.6 Beta 3

    Links for the day



  2. Leaked: Boards of Appeal Face 'Exile' or 'Extradition' in Haar After Standing up to Battistelli

    A look at some of the latest moves at the European Patent Office (EPO), following Battistelli's successful coup d’état which brought the EPO into a perpetual state of emergency that perpetuates Battistelli's totalitarian powers



  3. The US Government Accountability Office (GAO) Comes Across as Against Software Patents, Relates to the EPO as Well

    Some analysis of the input from the Government Accountability Office (GAO) with focus on the EPO and software patents



  4. In the US, Patent Trolls Engage in Patent Wars and Shakedowns, Whereas in China/Korea Large Android OEMs Sue One Another

    Highlighting some of the differences between the US patent system and other patent systems



  5. Links 24/7/2016: Elive 2.7.1 Beta, New Flatpaks and Snaps

    Links for the day



  6. Links 23/7/2016: Leo Laporte on GNU/Linux, Dolphin Emulator’s Vulkan Completion

    Links for the day



  7. Links 22/7/2016: Wine 1.9.15, KaOS 2016.07 ISO

    Links for the day



  8. Haar Mentioned as Likely Site of Appeal Boards as Their Eradication or Marginalisation Envisioned by UPC Proponent Benoît Battistelli

    Not only the Staff Union of the European Patent Office (SUEPO) is under severe attack and possibly in mortal danger; the increasingly understaffed Boards of Appeal too are coming under attack and may (according to rumours) be sent to Haar, a good distance away from Munich and the airport (half an hour drive), not to mention lack of facilities for visitors from overseas



  9. EPO Attaché Albert Keyack Viewed as Somewhat of a Mole, Reporting From the US Embassy in Brazil Until Shortly Before the Temer Coup

    Public responses to the role played by Albert Keyack on behalf of the United States inside the European [sic] Patent Office



  10. EPO Insiders Explain Why the EPO's Examination Quality Rapidly Declines and Will Get Even Worse Because of Willy Minnoye

    Public comments from anonymous insiders serve to highlight a growing crisis inside the European Patent Office (EPO), where experienced/senior examiners are walking away and leaving an irreplaceable bunch of seats (due to high experience demands)



  11. Patents Roundup: BlackBerry, Huawei, PTAB, GAO, Aggressive Universities With Patents, and Software Patents in Europe

    Various bits and pieces of news regarding patents and their fast-changing nature in the United States nowadays



  12. Glimpse at Patent Systems Across the World: Better Quality Control at the USPTO Post-America Invents Act (2011), Unlike the EPO Post-Battistelli (2010)

    While the EPO reportedly strives to eliminate pendency and appeal windows altogether (rubberstamping being optimal performance as per the yardstick du jour), the USPTO introduces changes that would strengthen the system and shield innovation, not protect the business model of serial litigants



  13. Blockstream Has No Patents, But Pledges Not to Sue Using Patents

    Blockstream says that it comes in peace when it comes to software patents, which triggers speculations about coming Blockchain patent wars



  14. Links 21/7/2016: Ubuntu 16.04.1 LTS, Linux Mint 18 “Sarah” Xfce Beta

    Links for the day



  15. Links 21/7/2016: An Honorary Degree for Alan Cox, Looks Back at DebConf16

    Links for the day



  16. EPO USA: Under Battistelli, the 'European' Patent Office Emulates All the Mistakes of the USPTO

    Conservative Benoît Battistelli is trying to impose on the European Patent Office various truly misguided policies and he viciously attacks anyone or anything that stands in his way, including his formal overseers



  17. Links 19/7/2016: ARM and Opera Buyout

    Links for the day



  18. Large Corporations' Software Patenting Pursuits Carry on in Spite of Patent Trolls That Threaten Small Companies the Most

    With unconvincing excuses such as OIN, large corporations including IBM continue to promote software patents in the United States, even when public officials and USPTO officials work towards ending those



  19. Battistelli Has Implemented De Facto EPO Coup to Remove Oversight, Give Himself Total Power, and Allegedly Give UPC Gifts (Loot) to French Officials

    Benoît Battistelli's agenda at the EPO is anything but beneficial to the EPO and suspicions that Battistelli's overall agenda is transitioning to the UPC to further his goals grow feet



  20. EPO Social [sic] Report is a Big Pile of Lies That Responsible Journalists Must Ignore

    A reminder of where the EPO stands on social issues and why the latest so-called 'social' report is nothing but paid-for propaganda for Battistelli's political ambitions



  21. Links 18/7/2016: Vista 10 a Failure, FreeType 2.7

    Links for the day



  22. Exploiting Perceived Emergencies/Disasters, Suspending the Rule of Law, and Suspending Judges: How Erdoğan is Like Battistelli, Except the Coup

    Pretexts for crackdown on law-abiding people or figureheads who are remote and independent the hallmark not only of Erdoğan but also the EPO's President, Benoit Battistelli



  23. The Impotence of Gene Quinn

    Attacking the enforcer of Alice v CLS because it's doing harm to his source of income, which makes him angry



  24. After the FTI Consulting-EPO Reputation Laundering Deal's Expansion in Germany Süddeutsche Zeitung 'Forgets' That the EPO Even Exists

    Relative apathy if not complete silence regarding the EPO at Süddeutsche Zeitung following reports of FTI Consulting's deal expansion (media positioning in Germany), with hundreds of thousands of Euros (EPO budget) thrown at the controversial task



  25. Benoît Battistelli and Persistratos

    Reminds you of someone?



  26. Whistleblower Protection Desperately Needed at the European Patent Office

    EPO scandals are not publicly accessible or known to many people and not many such scandals are known at all because people are afraid of Battistelli's Fabius Maximus strategies



  27. Microsoft and Its Patent Minions at Nokia Still Have Patent Stacking Ambitions Against Android/Linux OEMs

    Weaponisation of European companies for the sake of artificial elevation of prices (patent taxes) a growing issue for Free/Open Source software (FOSS) and those behind it are circulating money among themselves not for betterment of products but for the crippling of FOSS contenders



  28. [ES] ¿Que si la EPO Bajo Battistelli Se Arruina Sin Posibilidad de Reparación Como la UPC?

    La última evidencia alrededor del hundimiénto de la reputación de la Epo y su calidad de trabajo, así como la caída del sistema que Battistelli trata forzadamente de imponer (una carrera al fondo)



  29. [ES] La EPO de Battistelli, Quién Quiebra la Ley, Subvierte el Curso de la Justicia y Rechaza Obedecer las Ordenes de la Corte Dice lo Impensable en Medio de los Actos de Terror

    Los terribles ataques hace un dia en Francia están siéndo explotados por el caradura de Benoît Battistelli para comedia negra o un verdaderamente absurda afirmación en la sección de “noticias” de la EPO



  30. [ES] La EPO de Battistelli Continúa Cortejando a Officiales de Países Pequeños y su Propaganda de Beneficiar a las “PYMEs de Aquellos Países”

    El caradura de Benoît Battistelli prosigue desfilando en los países pequeños que tienen delegados al Consejo Administrativo (CA) y los explota para propaganda barata, no sólo para que lo apoyen en las reuniónes del CA


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