Bonum Certa Men Certa

Patents Roundup: David Hammerstein on Microsoft Lobbying in Europe; Harrison Targets Lobbying on Software Patents in New Zealand, Justice Stevens Leaves SCOTUS

David Hammerstein
Photo by Mara



Summary: News from three continents about patent policy: Microsoft's “revolving door” European Commission officials; New Zealand's AJ Park looking for tax on software; Algebraix Data brags about its software patents

EVERY ONCE in a while we highlight developments that impact patent policy. In this roundup, Microsoft is involved too (it typically uses front groups to hide its role) and Free software is directly impacted.



Europe



We have written quite a lot about David Hammerstein in recent months [1, 2, 3, 4, 5, 6]. As a former member of parliament, he helps expose Microsoft's maneuvers behind closed doors in Brussels. Here is his latest: [via André]

Open Standards under siege in the European Union



[...]

Nevertheless, openness still seems to be considered a dirty word in a number of official corridors of Brussels that are probably under the well-organized lobbying efforts of the Microsoft empire (according to some malicious rumours difficult to believe the campaign is being promoted by “revolving door” European Commission officials who returned to public service after a number of years of “leave” on the Microsoft payroll). According to many observers this US IT giant is trying to counter-attack after taking heavy blows and fines precisely from the new Digital Commissioner Nelly Kroes who previously held the post of the EU’s competition czar.

[...]

If this EU programme was put into practice a number of major IT companies would have a harder time at locking out new innovative competitors and millions of internet users would have a much easier time at communicating without technical barriers. EU citizens would for the first time be able to participate in European democratic institutions without being forced to purchase one particular closed brand of software in order to exchange information with their elected representatives. The final “EU Digital Agenda” will be presented at the end of April and the latest news is that the openness agenda is losing the battle within the European Commission while a few narrow business interests are taking the upper hand. If it were published today the term “open standards” would be totally erased from the whole document. In this important fight the positions of the general public interest have hardly been taken into account. Voices in favour of open standards and interoperability urgently need to be heard in Brussels.


For information about EIFv2, see:

  1. European Interoperability Framework (EIF) Corrupted by Microsoft et al, Its Lobbyists
  2. Orwellian EIF, Fake Open Source, and Security Implications
  3. No Sense of Shame Left at Microsoft
  4. Lobbying Leads to Protest -- the FFII and the FSFE Rise in Opposition to Subverted EIF
  5. IBM and Open Forum Europe Address European Interoperability Framework (EIF) Fiasco
  6. EIF Scrutinised, ODF Evolves, and Microsoft's OOXML “Lies” Lead to Backlash from Danish Standards Committee
  7. Complaints About Perverted EIF Continue to Pile Up
  8. More Complaints About EIFv2 Abuse and Free Software FUD from General Electric (GE)
  9. Patents Roundup: Copyrighted SQL Queries, Microsoft Alliance with Company That Attacks F/OSS with Software Patents, Peer-to-Patent in Australia
  10. Microsoft Under Fire: Open Source Software Thematic Group Complains About EIFv2 Subversion, NHS Software Supplier Under Criminal Investigation
  11. British MEP Responds to Microsoft Lobby Against EIFv2; Microsoft's Visible Technologies Infiltrates/Derails Forums Too
  12. Patents Roundup: Escalations in Europe, SAP Pretense, CCIA Goes Wrong, and IETF Opens Up
  13. Patents Roundup: Several Defeats for Bad Types of Patents, Apple Risks Embargo, and Microsoft Lobbies Europe Intensely
  14. Europeans Asked to Stop Microsoft's Subversion of EIFv2 (European Interoperability Framework Version 2)
  15. Former Member of European Parliament Describes Microsoft “Coup in Process” in the European Commission
  16. Microsoft's Battle to Consume -- Not Obliterate -- Open Source


New Zealand



Over in New Zealand, leeches of the software development community are fighting to allow software patenting [1, 2, 3] and the following short new report continues to name Peter Harrison as instrumental in opposition to all of this.

New Zealand Open Source Society is seeking powerful interests for pressurizing the government to turn around its plans of excluding software from patent protection reforms in the country.

Posting his views on NZOSS website, yesterday, Vice President Peter Harrison appreciated the Commerce Select Committee's advice of exclusion of software from patent protection, thereby countering the views of the critics.

[...]

He pointed out the criticism made by Ken Moon of intellectual property specialist AJ Park, arguing that the requirements for resourcefulness in the functionality of patent law are the same as for any other innovation.


We wrote about AJ Park yesterday. It's just a law firm trying to take money away from actual producers. The "patents industry" is even less useful than the "marketing industry"; it contributes next to nothing. Issues like the "penal industry" clearly show that industries can grow where they shouldn't.

As the article above correctly adds, even proprietary software companies would support the exclusion of software patents, unless they are monopolies. Patents harm small businesses, so it's not just an issue affecting Free software (contrary to common belief).

United States



Justice Stevens is leaving the Supreme Court of the United States and as Timothy B. Lee (who has just been hired by Google) puts it, Stevens was an opponent of software patents.

Patents: The explosion of software patents is one of the biggest threats to innovation in the software industry, and Justice Stevens saw this threat coming almost three decades ago. Stevens wrote the majority decision in the 1978 case of Parker v. Flook, which clearly disallowed patents in the software industry. Three years later, Stevens dissented in the 1981 case of Diamond v. Diehr, which allowed a patent on a software-controlled rubber-curing machine. Although the majority decision didn’t explicitly permit patents on software, Stevens warned that the majority’s muddled decision would effectively open the door to software patents. And he has been proven right. In the three decades that followed, the patent-friendly U.S. Court of Appeals for the Federal Circuit has effectively dismantled limits on software patents. And the result has been a disaster, with high-tech firms being forced to spend large sums on litigation rather than innovation.


From ZDNet we learn that a San Diego-based company called Algebraix Data is patenting maths (data manipulation, i.e. strings, matrices, and hashing) in the form of algorithms.

I met with Charles Silver, the CEO of Algebraix Data, a startup based in San Diego. He was telling me about his company’s approach to querying large databases, very quickly, and with no need for prior indexing, or construction of data models.

It all sounded too good to be true, I told him.

If Algebraix can do what it says it can, it is a very hot startup.

Here are some notes from our conversation:

[...]

- We have four patents on the technology. Getting software patents is not as easy as it once used to be.


Well, apparently it's not difficult enough. What is the physical invention here? ⬆

Recent Techrights' Posts

EPO Will Stop Working for 10 Days to Protest Against 'Cocaine King' and His Assault on Democracy, Lawfulness, Transfer of Power at EPO
Strikes, work stoppage, all rolled onto one
Techrights is International
There are many sites that focus on local communities or nations. We're not one of those sites.
Brigading Against Women - Part X - When Actions of American Men Are Not Judged by Other American Men
"There is not the slightest suggestion that either Dr or Mrs Schestowitz did anything to invite or deserve it. They are both clearly and justifiably angered, dismayed, distressed and hurt by it."
European Patent Office (EPO) Series: A Source of Pride for Portugal?
In this part our focus returns to the main theme of this series, namely the current reappointment campaign of the EPO President, as we consider whether Campinos can still expect to enjoy the same level of support from the Portuguese political establishment as he did during the earlier stages of his career
Computers Freeze Because of UEFI Restricted Boot
damage is also done to computers running Windows
Linux Has Conquered Mobile, But Desktops and Laptops Matter More
When people say the desktop "doesn't matter" they seem to be missing the point that workplaces use desktops (or laptops) and a lot of the work gets done not on skinnerboxes but "workstations" or terminals
 
Black Brit on "Pictures Comparing Me to a Monkey" Because of Brett Wilson LLP Client
"Like Firm, Like Clients..."
President of the EPO Should be Kicked Out, Not Have His Term Terminated in 2028
The President is facing more scandals soon
David Gordon at The Register MS Keeps Feeding the Pyramid Scheme With Fake Articles That Say "AI" Dozens of Times
How can such a publisher still be taken seriously?
The Local Staff Committee The Hague (LSCTH) at the EPO Explains the Working Conditions and Crisis of Plunder (Less for Workers, a Lot More for Dictators Who Refuse to Leave Leadership Roles)
Next week will be epic
IBM Brings Avalanche to Red Hat October 1st 2026 (Thursday)
IBM is turning up the heat on staff
Links 29/09/2026: Mass Layoffs at Microsoft and Backlash Over Data Center Policy of Microsoft
Links for the day
5 Years Ago (September 29, 2021) Richard Stallman's Talk in Ukraine Noted
Let's hope the war will end soon
Links 29/09/2026: Acceleration, Morale, and ROOPHLOCH 2026
Links for the day
Links 29/09/2026: "Scam Altman Is Driving Drunk" and Anthropic Lies About Slop Usage
Links for the day
It is Very Expensive to Slow Down Techrights
Garrett's expensive hearing (costing the British taxpayers about 120,000 pounds; he doesn't live here and does not pay tax here) slowed us down for a few days, but we've picked up the pace since
Brigading Against Women - Part IX - "What Are You, a Racist?"
Because behind every strong man is a strong opinion?
Gemini Links 29/09/2026: "Digital Sabbath", Starting a GemCapsule, and Sterrenkijker 1.1.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 28, 2026
IRC logs for Monday, September 28, 2026
Brigading Against Women - Part VIII - Misogyny Embedded; Like Firm, Like Clients
It's about back doors
Chaos Imminent at Red Hat (This Week)
IBM is 'finishing the job' an ex-IBMer (Ron Hovsepian) did at Novell.
Microsoft Can PIP Workers (Silent Layoffs) Until Almost Nobody is Left
Microsoft is gradually vanishing
The Cyber Show Says Truth Always Requires a Fight, a Struggle
"Truth-tellers always face struggle and run risk"
Maladministration at the EPO as a Crisis for the EU and for Portugal's Image in Europe
Some time soon we'll publish a long article about what EPO leadership means to Portugal
3 Years of UK Hosting
We commend the webhost for standing firm in the face of misogyny
Tech Labeled "Smart" Does Not Make People Smart
People who insist on making everything digital are not advancing progress
Gemini Links 28/09/2026: Truncated Sleep, Plain Text, and Slop Problem Kept Out of Geminispace
Links for the day
Links 28/09/2026: "A Growing North Korea Problem" and Independent Journalism as a Lifeline
Links for the day
Links 28/09/2026: Microsoft Chatbot "Giving Extremely Specific Advice to a School Shooter on How to Maximize Casualties", ‘Suicidal Empathy’
Links for the day
Microsoft's Attacks on Courts in the Netherlands Result in GNU/Linux Growing to About 10% There
One core issue that justified this and led to this outcome is Microsoft's interference with the administration of justice
They Create the Conditions for People to Leave, This Way They Don't Call it "Layoffs"
We keep seeing many stories like these
Gemini Links 28/09/2026: Wildfire, DOS, and Backups
Links for the day
Brigading Against Women - Part VII - 'Trolling' Courts and Legal Systems in America and in the UK (Europe) Costs a Lot to Taxpayers
They only attend hearings after being arrested
European Patent Office (EPO) Series: The Portuguese Talent For Bureaucratic Empire Building
Portugal’s success in securing senior executive appointments at the EUIPO and the EPO is a notable example of how countries seek to strengthen their influence within European intergovernmental institutions
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 27, 2026
IRC logs for Sunday, September 27, 2026
Gemini Links 27/09/2026: Writing Well, Productivity, and a Relaunch in Geminispace
Links for the day
Making This Site More Useful to More People
Search engines (as a concept) are under attack
Exposing Crimes of Americans (From the UK)
We must ensure UK prisons are never misused to punish/silence people who expose crimes in America
Spam and Chatbot Spam in Internet Relay Chat (IRC)
Maintaining one's own IRC network requires some housekeeping, but it's simpler than outsourcing to malicious companies
Search Engine of Techrights Improved for Better Signal-to-Noise Ratio
Our growing community needs more search facilities
Microsoft: We Love Layoffs, We Do Silent Layoffs, More Microsoft Projects/Teams/Studios Confirmed to be Shutting Down
XBox is dying. Piece by piece.
Brigading Against Women - Part VI - On Garrett and Lozza, Defamation, Attempts to Crack My Wife's Accounts, Social Engineering to Try to Take Sites Offline, Subscribing Us to Mountains of SPAM
tried swatting us
Links 27/09/2026: "Provost of Dartmouth Busted Using Hey Hi (AI) Slop for His Own Writing in Newspapers and Academic Journals" and "UK Government Enforcement Reform"
Links for the day
People and Sites Wish a Happy 43th Birthday to GNU (Today)
We've collected some examples
Dejan Panovski Outs linuxize.com as a Slopfarm, Another Site That Sold Out and Became LLM Garbage
From what we can gather, both images and text are slop
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DistroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DistroWatch page to make the illusion of popularity
Links 27/09/2026: Microsoft Fired People a Day After Promotion, "Fragility of Online Journalism"
Links for the day
Brigading Against Women - Part V - SWATTING, Extortion Against Webhosts, and Lawfare Under Sworn Oath (Perjury Also)
Matthew Garrett has no qualm about still collaborating with Lozza
20 Years Later
There's a strong anti-democracy movement brewing in many places
Gemini Links 27/09/2026: Telescopes/Gskyer, Writing for Writing's Sake, and Writing Tools
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 26, 2026
IRC logs for Saturday, September 26, 2026