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. Bernhard Rapkay, Former MEP and Rapporteur on Unitary Patent, Shoots Down UPC Hopes While UPC Hopefuls Recognise That Spain Isn't Interested Either

    Germany, the UK and Spain remain massive barriers to the UPC -- all this in spite of misleading reports and fake news which attempted to make politicians believe otherwise (for political leverage, by means of dirty lobbying contingent upon misinformation)



  2. Links 23/3/2017: Qt 5.9 Beta, Gluster Storage 3.2

    Links for the day



  3. The Administrative Council of the European Patent Organisation Has Just Buried an Innocent Judge That Battistelli Does Not Like

    An innocent judge (never proven guilty of anything, only publicly defamed with help from Team Battistelli and dubious 'intelligence' gathering) is one of the forgotten casualties of the latest meeting of the Administrative Council (AC), which has become growingly complicit rather than a mere bystander at a 'crime' scene



  4. Nepotism at the European Patent Office and Suspicious Absence of Tenders for Big Projects

    Carte blanche is a French term which now perfectly describes the symptoms encountered in the European Patent Office, more so once led by a lot of French people (Battistelli and his friends)



  5. “Terror” Patent Office Bemoans Terror, Spreads Lies

    Response to some of the latest utterances from the European Patent Office, where patently untruthful claims have rapidly become the norm



  6. China Seems to be Using Patents to Push Foreign Companies Out of China, in the Same Way It Infamously Uses Censorship

    Chinese patent policies are harming competition from abroad, e.g. Japan and the US, and US patent policy is being shaped by its higher courts, albeit not yet effectively combating the element that's destroying productive companies (besieged by patent trolls)



  7. 22,000 Blog Posts

    A special number is reached again, marking another milestone for the site



  8. The EPO is Lying to Its Own Staff About ILO and Endless (Over 2 Years) EPO Mistrials

    The creative writing skills of some spinners who work for Battistelli would have staff believe that all is fine and dandy at the EPO and ILO is dealing effectively with staff complaints about the EPO (even if several years too late)



  9. EPO’s Georg Weber Continues Horrifying Trend of EPO Promoting Software Patents in Defiance of Directive, EPC, and Common Sense

    The EPO's promotion of software patents, even out in the open, is an insult to the notion that the EPO is adhering to or is bound by the rules upon which it maintains its conditional monopoly



  10. Protectionism v Sharing: How the US Supreme Court Decides Patent Cases

    As the US Supreme Court (SCOTUS) starts delivering some decisions we take stock of what's to come regarding patents



  11. Links 22/3/2017: GNOME 3.24, Wine-Staging 2.4 Released

    Links for the day



  12. The Battistelli Regime, With Its Endless Scandals, Threatens to Crash the Unitary Patent (UPC), Stakeholders Concerned

    The disdain and the growing impatience have become a huge liability not just to Battistelli but to the European Patent Office (EPO) as a whole



  13. The Photos the EPO Absolutely Doesn't Want the Public to See: Battistelli is Building a Palace Using Stakeholders' Money

    The Office is scrambling to hide evidence of its out-of-control spendings, which will leave the EPO out of money when the backlog is eliminated by many erroneous grants (or rejections)



  14. In the US Patent System, Evolved Tricks for Bypassing Invalidations of Software Patents and Getting Them Granted by the USPTO

    A roundup of news about patents in the US and how the patent microcosm attempts to patent software in spite of Alice (high-impact SCOTUS decision from 2014)



  15. “Then They Came For Me—And There Was No One Left To Speak For Me.”

    The decreasing number of people who cover EPO scandals (partly due to fear, or Battistelli's notorious "reign of terror") and a cause for hope, as well as a call for help



  16. As Expected, the Patent Microcosm is Already Interfering, Lobbying and Influencing Supreme Court Justices

    The US Supreme Court (SCOTUS) is preparing to deliver some important decisions on cases with broad ramifications, e.g. for patent scope, and those who make money from patent feuds are attempting to alter the outcome (which would likely restrict patent scope even further, based on these Justices' track record)



  17. Intellectual Ventures -- Like Microsoft (Which It Came From) -- Spreads Patents to Manifest a Lot of Lawsuits

    That worrisome strategy which is passage of patents to active (legally-aggressive) trolls seems to be a commonality, seen across both Microsoft and its biggest ally among trolls, which Microsoft and Bill Gates helped create and still fund



  18. What the Patent Microcosm is Saying About the EPO and the UPC

    Response to 3 law firms and today's output from them, which serves to inform or misinform the European public at times of Big Lies and fog of (patent) war, revealing the true nature of 21st century asymmetric patent warfare and lobbying



  19. Tough Day for the EPO's Media/Press/PR Team, Trying 'Damage Control' After Important Techrights Publications

    In an effort to save face and regain a sense of legitimacy the EPO publishes various things belatedly, and only after Techrights made these things publicly known and widely discussed



  20. Links 21/3/2017: PyPy Releases, Radeon RX Vega, Eileen Evans at Linux Foundation

    Links for the day



  21. In IAM, Asian Courts That Deliver Justice Are “Unfriendly” and Asian Patent Trolls Are Desirable

    Rebuttal or response to the latest pieces from IAM, which keeps promoting a culture of litigation rather than sharing, collaboration, negotiation, and open innovation



  22. At EPO “I Have the Feeling That Lowering Quality is Part of a Concerted Plan.”

    Growing concern about patent quality at the EPO -- a subject which causes managers to get rather nervous -- is now an issue at the forefront



  23. EPO Reduces the World to Just Seven Nations to Bolster an Illusion of Growing 'Demand' for European Patents

    The unscientific -- if not antiscientific -- attitude of the European Patent Office (EPO) continues to show with the arrival of yet more misleading 'infographics' (disinfographics would be a more suitable term)



  24. Letter to Angela Merkel Expresses Concerns About Impact of EPO Scandals on Germany and Its Image

    Dr. Angela Merkel, arguably the most powerful woman in the world, is being warned about the consequences of Germany ignoring (and hence facilitating) the abuses of Benoît Battistelli



  25. EPO Caricature: Low Patent Quality Not an Achievement

    A new cartoon about the legacy of Battistelli, which ruins both inventors and staff (examination) while handing money to abusers



  26. Are Lithuania and Latvia the Latest Additions to the List of Benoît Battistelli's Vassal States?

    Benoît Battistelli's 'back room' deals came at an interesting, strategic time and the Office uncharacteristically kept quiet about these



  27. Links 20/3/2017: Linux 4.11 RC3, OpenSSH 7.5 Released

    Links for the day



  28. Supposedly 'Pampered' Prisoners Are Still Prisoners of the EPO

    Response to those gross and familiar attempts to portray patent examiners, not politicians who trample all over them, as the cause of all the problems at the EPO



  29. Insulting Reversal of Narratives at the EPO: Team Battistelli as the Victim

    At times of great oppression against staff, in clear defiance of the law in fact, journalists are being asked (or expected) to view the oppressor as the victim, even when this oppressor drives people to suicide



  30. Battistelli's EPO Copies China -- Not the US -- When it Comes to Patenting Software and Expanding Patent Scope

    A detailed explanation of some of the latest reports from China and the US, serving to show that one opens up to software patents whereas the other shuts the door on them (and guess whose lead the EPO is taking)


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