Bonum Certa Men Certa

Lawyers Try to Marry Free Software and Software Patents in Maastricht University (Brussels)

Fishing for money



Summary: Lawyers in Europe strive to net some extra money by promoting "interoperability" (with software patents) rather than making use of open standards

EUROPEAN lawyers are trying to repeat the mistakes of the USPTO, which is permitting the patenting of business methods, software patents, and other insane things that must never become one person's government-protected monopoly. Look at the latest numbers from the USPTO. There is clearly a gold rush when everything under the sun becomes patentable and examiners mistake that for "increased innovation" or whatever. From Patently-O:



The USPTO issued more patents during the past two weeks than in any fortnight in history. A primary driver of that upswing appears to be a dramatic rise in the allowance rate.


Lawyers who make a living by granting and managing people's 'ownership' of other people's lives are concerned about the Bilski case, which may axe many patents and limit their scope in the United States.

Betting on Bilski: The Supreme Court and Biotechnology Patents



[...]

Reviewing Bilski and the Biotech Patent Landscape. Recall that Bilski involves a form of method patent (the so-called “business method” patent) that claims a method of hedging commodities prices by setting up a relationship between a regular seller (a coal mine, for example) and regular buyer (a power company). The question is whether such a method constitutes patentable subject matter—that is, is the Bilski method the sort of “new and useful process, machine, manufacture, or composition of matter” that meets the standards of Section 101 of the Patent Act. In its 2008 en banc decision, the Federal Circuit established—or re-established, since it had been lurking in the case law for years—the so-called “machine or transformation” test for method patents. Under this test, the method must be tied to a particular machine (whatever that means) or transform some article into a different state or thing in order to qualify as patentable subject matter. According to the Federal Circuit, Bilski’s patent failed both branches of the test.

By contrast, in its 2009 decision in Prometheus v. Mayo, the Federal Circuit upheld a patent on “a method of optimizing therapeutic efficiency for treatment of an immune-mediated gastrointestinal disorder.” The method comprises “administering” a specified drug to a patient and then “determining” the level of the drug in the patient. The remainder of the claim specifies threshold levels of the drug’s metabolites (the chemical products of metabolism in the body) in the patient’s blood below which the dose should be increased (because of lack of efficacy) and above which it should be decreased (because of potential toxicity). The court found that both administering the drug and determining the metabolite levels (by withdrawing and testing blood) worked a sufficient physical transformation of the body.


Greed, greed, greed.

Those lawyers are always greedy for more and more patents. They don't care about the consequences as long as they enrich themselves through filing and litigation.

Obviously, lawyers in Europe want software patents. They don't actually develop any software, but it's not software they care about. It's all about money and Free software supporters stand in their way in Europe*. So what do they do? They have just set up yet another event whose overall message is something along the lines of, "why can't Free software and software patents just get along?"

Read the following new message (it's always posed as a series of suggestive questions. as in push polling):

From: Cristina Palomares Subject: REMINDER: Intellectual Property, Open Source, and Standards: Friends or Foes? To: [redacted]

Intellectual Property, Open Source, and Standards:

Friends or Foes?

Date: Tuesday, 1st June 2010

Time: 9:30-12:30

Venue: Maastricht University Campus Brussels, Avenue de l’Armée / Legerlaan 10, 1040, Brussels

The Institute for Globalisation and International Regulation at Maastricht University Faculty of Law and the Stockholm Network Intellectual Property & Competition Programme are delighted to invite you to a forum and debate on "Intellectual Property, Open Source and Standards: Friends or Foes?

The importance of standards to our societies is growing as technology moves into increasingly complex territories, and competing companies are inclined to establish common ground. This common ground helps to ensure that the assortment of technological possibilities is kept to a necessary minimum, whilst also establishing a widespread level of compatibility and quality. Standards offer a shared language that technologies use to communicate with one another, allowing for greater interaction between products or components. This can mean improved interoperability, interconnectivity, and commoditisation – all buzzwords for a more beneficial market.

“How should we consider the relationship between patents and standards, and what are the implications of not allowing standards to be protected by IPRs?”In the discussion on standards, a distinction (and at times even a dichotomy) is often made between standards based on proprietary efforts - which are to be protected by intellectual property rights - and standards that are based on collaborative or open efforts - such as via an open source. Indeed, there is a heated Europe-wide debate on the nature and characteristics of future technological standards, not least in the context of government procurement and policies in this area (such as the Expert Panel for the Review of the European Standardization System).

This event aims to address some of the burning issues in the standards debate. Key questions to be discussed include: Should standards be based on open-efforts or on proprietary models? Should countries in Europe opt for a more specific model of standardisation? How should we consider the relationship between patents and standards, and what are the implications of not allowing standards to be protected by IPRs? Is the dichotomy between open and proprietary standards at all justified, or are these types of standards in fact complementary?

Speakers include (in alphabetical order):

Ms Helen Disney, Chief Executive, Stockholm Network; Malcolm Harbour MEP, Chairman of the Internal Market and Consumer Protection Committee, European Parliament; Prof Anselm Kamperman Sanders, Director Masters Intellectual Property Law and Knowledge Management, Maastricht University Faculty of Law; Dr Meir Perez Pugatch, Director of Research, Stockholm Network & Senior Lecturer, University of Haifa; Dr Dalindyebo Shabalala, Assistant Professor, Maastricht University Faculty of Law; Prof Alain Strowel, Universitaires Saint-Louis et Université de Liège; Prof Damien Geradin, Partner at Howrey LLP and Professor of Competition Law and Economics at Tilburg University.

***************

To RSVP please contact Dr Cristina Palomares, Chief Operating Officer, Stockholm Network on T +44 20 7354 8888, F: +44 20 7359 8888 or via e-mail on: cristina@stockholm-network.org



Speakers who are software developers are conspicuously missing. Whose agenda is being served here? See what we wrote about Europe's Digital Agenda in recent days [1, 2, 3]. The agenda above jives the same way.

People should boycott this event. It's apparently just a ploy to push for software patents in Europe, quelling those who oppose. A fair event would not be stacked by its attendees. ____ * Small- and medium-sized businesses generally suffer from software patents, but they can tolerate patent encumbrances if they are proprietary software companies.

Recent Techrights' Posts

After IBM's Shares Collapsed the CEO is Trying the "Quantum" Trick Again, Bolstered by a Demented Dictator in the White House
from what we can gather IBM's CEO is trying to get the US government to participate in the scam
SLAPP Censorship - Part 115 Out of 200: Spending the Next Decade Writing About SLAPPs and Trying to Fix the System
It's the same industry that got paid by corrupt EPO officials to try to cover up the corruption
 
SLAPP Censorship - Part 116 Out of 200: 5 Years of Multiparty Lawfare Against Techrights, Funded by Americans and Also by Third Parties (Including Microsoft Salaries)
The public and our government will be informed in full
Now... a Word From Our Sponsor
Powerade
Links 23/06/2026: Microsoft Studio Closures and Journalism Subjected to Further Cuts
Links for the day
Gemini Links 23/06/2026: Gardens, Basketball, Blocking Hyperscaler, and New Commodore Phone
Links for the day
Links 23/06/2026: Apple Price Hikes and Technical Debt in Slop
Links for the day
Greece Ought to Curb the Threat of Social Control Media
its national discourse seems to be run by an American company called Facebook
State of the GNU/Linux Desktop (and Laptop)
The time to advocate GNU/Linux is now
The 'XBox Narrative' Distracts From Destructive Cuts Across the Whole of Microsoft
Microsoft is preparing to lay off a likely record-breaking number of people [...] this isn't just an XBox problem
Microsoft's Stock Fell Nearly $200, But the Real Problems Are Just About to Begin
if they dump slop, what will they tell shareholders?
The Cyber Show on Starmer and Software Freedom
The Cyber Show's Andy has just explained why our departing national leader wasn't all bad
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 22, 2026
IRC logs for Monday, June 22, 2026
Gemini Links 23/06/2026: Girlrotting, Homeworlds at BGA, Slop Ruins Sites
Links for the day
A Lifetime of Whistleblowing
Ellsberg did not have an easy life, but it was a rewarding life with a rich legacy focusing on justice
European Patent Office (EPO) Series: A Man With Many Missions...
Campinos – accompanied by Gilles Requena and Patrice Pellegrino
Links 22/06/2026: Ubisoft Co-founder Dies, Americans Have Turned Against Slop
Links for the day
Links 22/06/2026: "The Sycophancy Machine" and "Port 22 Open for 54 Days"
Links for the day
When People Who Make the Most Money Are the Best "Boot Lickers" (Sucking Up to Jeffrey Epstein's Circle and the Dictator)
Sucking up to rich people may pay off
The Aim is Not Fame
Reposted from schestowitz.com
"Internally Important, Externally Irrelevant": IBM in a Nutshell
Right now its debt spins out of control and its stock spirals down the drain
SLAPP Censorship - Part 114 Out of 200: Thousands of Long Articles to Come, Properly Covering the SLAPP Industry in the UK and Its Modus Operandi
"Stowell described SLAPPs as ‘a stain on our legal system’."
Finding a Way to Get Paid to Improve LibreJS
So now we have more people resurrecting LibreJS and improving it
Microsoft Can't Even Wait Until July, Shutdowns and Layoffs Already Happening
Mashable speak of "a grim picture for the state of Xbox."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 21, 2026
IRC logs for Sunday, June 21, 2026
Gemini Links 22/06/2026: Appreciating Simple Things, Perfect Summer Evening, IRIX, Vim and so
Links for the day
Chad's Move to GNU/Linux or the Point of Exceeding 5% "Market Share"
experienced centuries of being colonised
Gemini Links 21/06/2026: Dating Oaks, Paying With Cash, and "More on Withered Technology"
Links for the day
GAFAM is Drowning in Debt, GAFAM is Clearly Not Sustainable Anymore (It Runs on Borrowed Money and Bailouts)
The war and surrender in Iran will deepen the debt; we'll see the GAFAM reports in late July
GAFAM Was Never an Ally to Europe
Only 1 in 10 Europeans see US as an ally — study [...] military providers in "tech" clothing cannot be trusted
GitHub, LinkedIn, and XBox Will Finish Like Skype (Sustainability Crisis)
Skype should become a verb. When Microsoft 'Skypes' something it means it basically shuts it down with some temporal excuse/s.
Drowning in Garbage: AUR Shows That Too Much Low-Quality Software (Including Slop) is Bad for Everybody
What happened in AUR had happened elsewhere before and will happen again in the future
Links 21/06/2026: EU on Patented (Monopolised) Crops, Microsoft Software "Narcs on You to Your Boss"
Links for the day
Microsoft at 50 Follows the General Trajectory of Skype
How many years does Microsoft have left before payroll becomes impossible?
A Year After a Microsofter Took Over The Register MS It is Effectively a Content Farm With News as a 'Side Dish'
This is not journalism, this is spam
IBM Pays the Media and Cons Some 'Journalists' Into Participating in "Quantum" Spam
"The Boy Who Cried Wolf"
You Don't Need an 'App' for Your Birdhouse (Slopfondlers Come for Birds)
That they sell those things as "AI" really says a lot about how dishonest slopfondlers really are
SLAPP Censorship - Part 113 Out of 200: The United Kingdom is Not Turkey
Turkey is ranked almost worst in the Western World for press freedom
Cybersecurity Does Not Mean Asking Microsoft for Permission to Boot
There were very good and timely reasons to speak about the matter, including impending antitrust complaints against Microsoft
Links 21/06/2026: Bots from Alibaba Do Harm and Many Xbox Games Are Being Cancelled
Links for the day
5 Years After Release of Vista 11 Not Even One in 5 People Use It (in the US)
It doesn't look like Vista 11 will ever be adopted like prior versions and announcing a Vista 12 will mostly upset companies/organisations that only recently "upgraded" to 11
Gemini Links 21/06/2026: Boca Raton, Perfect Summer Day, and LLM Doing Things Poorly
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 20, 2026
IRC logs for Saturday, June 20, 2026