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

09.11.10

European Patent Law is Being Abducted by Big Business and Patent Lawyers

Posted in Europe, Law, Patents at 1:22 pm by Dr. Roy Schestowitz

Car vandalism

Summary: Europe may lose its advantage (for software developers) if it loses its sovereignty to hostile interest groups which strive to loot the continent using lawsuits

SLASHDOT has this interesting new entry citing some American press [1, 2] and quoting Foxconn’s founder as saying: “I worry America has too many lawyers. I don’t want to spend time having people sue me every day.”

Richard Stallman had the foresight to tell Europe that by rejecting software patents it will position itself favourably. European developers who don’t work for multinationals such as Microsoft (money talks) understand this because it takes very fundamental logic to grasp. Europe can leave US-based companies to fight among themselves, whereas Europe will serve as somewhat of a haven sheltering innovative minds that make good software. Nothing good ever comes out of lawsuits over software patents.

“Nothing good ever comes out of lawsuits over software patents.”The FFII suspects that there is a “power struggle between Council and Commission” in Europe, involving Jose Manuel Barroso of course. Obligatory attendance does not sound quite right. We have already explained how the Commission in Brussels did more harm than good sometimes, at least regarding software patents.

The Belgian EU presidency (lobbied by Microsoft’s pressure group Association for Competitive Technology) seems to have a hand in the problems. As Axel H. Horns put it:

In an earlier posting I had reported that, on the first day of the Belgian EU Presidency, the EU Commission had published a Proposal for a Council Regulation (EU) on the translation arrangements for the European Union patent. This Document suggests to require human quality translations of EU patents only in case of a dispute. Otherwise, machine translations are deemed to be sufficient for informing the general public.

This is just shameful. Whose hands are in it? It gets even worse. “Usually patent offices set the agenda, not business,” wrote the FFII, citing the IAM crowd, which is a subscribers-only platform (lawyers’ echo chamber).

This system is seemingly being hijacked by those who want to exploit it for personal profitability. The patent system is supposed to be focused on other goals, but it is being changed while it's self-deluded.

Last week we showed the Advocates General saying that the current pan-European patent court proposal would violate the principles of some of the EU’s founding treaties. It’s still a struggle between business and between public servants who are sometimes elected by the public. The Register has the following take from UK patent attorneys:

The European Court of Justice should reject the opinion of its advisors and put pragmatic economics ahead of legal technicalities and approve a pan-EU patent court, the UK patent attorneys’ trade body has said.

Advocates General of the European Court of Justice (ECJ) said in an opinion that the current proposal for a pan-European patent court violates the principles of some of the EU’s founding treaties.

But the Chartered Institute for Patent Attorneys (CIPA) has said that when making its final ruling the ECJ should make its decision in the light of the benefits such a court would bring to business.

That’s just appalling. Since when are lawyers (not elected officials with a legal background) determining the laws such that they increase their own profits? This is just cronyism. Lawyers are a big part of the problem here. Greed is an enemy of research and development.

In other news, WIPO transparency is said to be “threatened”. Was there ever transparency at all?

WIPO held its annual Program and Budget Committee meeting last week. The Committee discussed ways that it might better make its meetings and documents available in multiple languages. WIPO operates in Arabic, Chinese, English, French, Russian and Spanish, and also Portuguese under specific conditions.

WIPO is designed to help oppressors maintain their power. It markets itself as defender of “innovation” rather than defender of gatekeepers. It was never particularly receptive to the needs of developing nations, much like the WTO. The world needs less regulation of this kind because it impedes the sharing that’s crucial for science to thrive everywhere.

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

What Else is New


  1. Links 6/4/2020: New Red Hat CEO, elementary OS Hera Updates

    Links for the day



  2. When the Decision is OK and the Judge's Motivations Are Also OK

    Justice Huber made the right call; but the bullies and charlatans who conspired to undermine laws and constitutions will never be satisfied



  3. The Fall of the UPC - Part XII: Doing the Unthinkable by Blaming the Judge's (Justice's) Wife?

    Team UPC and its media partners never cease to amaze us; anybody who stands in their way is either portrayed as a Russian stooge or too ignorant to be worth talking to



  4. The Fall of the UPC - Part XI: Lies Told by Bundesverband der Deutschen Industrie (BDI) in Süddeutsche Zeitung

    Today we look at misleading claims (or lies) published by Süddeutsche Zeitung after the Germans' constitutional court (FCC) had pointed out the obvious, namely that UPC ratification would be in violation of the German constitution



  5. IRC Proceedings: Sunday, April 05, 2020

    IRC logs for Sunday, April 05, 2020



  6. Links 5/4/2020: MindSpore, Covid-19 Projects and More

    Links for the day



  7. EPO is Just Like Some Cruel Political Party and Not a Patent Office

    The "cabal" which runs today's EPO (even the word "Mafia" seems suitable here) isn't acting -- not even remotely -- like a patent office; it's a patent-printing operation ("protection money" as income) that uses shallow political stunts to manufacture consent with the EU's 'generous' assistance



  8. Digitalisation and Digital Technologies as a Ploy to Justify Illegal Software Patents

    Say "hello" to the next weasel word/s; from the "hey hi" hype wave we've now moved to something "digital" (which can mean just about anything, including algorithms of all sorts)



  9. The Fall of the UPC - Part X: How We Shall Catalogue UPC Lies

    The cult that Team UPC became (one member lying to another member, maintaining a false version of reality) will be judged based on underlying facts, not lying about facts; we start with a token of contempt for IP Kat and Bristows LLP (there are overlaps)



  10. IRC Proceedings: Saturday, April 04, 2020

    IRC logs for Saturday, April 04, 2020



  11. Major Revelation: Microsoft Blackmail Against LAMP (GNU/Linux and Free Stacks for Servers) Goes At Least 16 Years Back, Predating the Novell Patent Deal

    (Techno-)Anthropological analyses of Microsoft's patent war on Free/libre software must take into account what Microsoft did to MySQL, a Swedish company at the time



  12. Links 4/4/2020: Sparky 5.11, Firefox 74.0.1, POCL 1.5

    Links for the day



  13. IRC Proceedings: Friday, April 03, 2020

    IRC logs for Friday, April 03, 2020



  14. Links 3/4/2020: Ubuntu Beta, GNOME 3.36.1, ExTiX LXQt Mini, NetBSD 8.2 Released

    Links for the day



  15. Digital Communication, Digitalisation and Videogaming Among the EPO's Latest Smokescreens for Illegal and Abstract Patents on Algorithms

    The EPO keeps liaising with the EU to promote patents which EU officials have themselves said were illegal; to make matters worse, the EPO's violations of its own laws inspire the United States to do the same



  16. Emotional Blackmail for Illegal Software Patents

    Semantic tactics the European Patent Office (EPO) uses to promote software patents in Europe and may theoretically use in the future (satire)



  17. Clear Linux is to GNU/Linux What Clearly Defined is to Open Source

    The idea that we need Intel to take GNU/Linux ‘mainstream’ is ludicrous; as OSDL co-founder (now succeeded in the flesh of the Corporate Linux Foundation), Intel is more about Linux (with DRM, “secure boot” and everything that lets it be remotely controlled) than about GNU and it’s not too keen on GPL (copyleft), either



  18. IRC Proceedings: Thursday, April 02, 2020

    IRC logs for Thursday, April 02, 2020



  19. Links 2/4/2020: Linux 5.6.2, Qt Creator 4.11.2, LineageOS ROM Based on Android 10

    Links for the day



  20. OIN in 2020 Resembles Linux Foundation in 2020 (Corporate Front Group Piggybacking the Linux Brand)

    We regret to say that the Open Invention Network seems not to care at all about Software Freedom; to make matters worse, it is a proponent of software patents and a voice for companies like IBM and Microsoft, not the "Community" it fancies misrepresenting



  21. Inside the Free Software Foundation (FSF) - Part IX: Semi-Happy Ending

    Richard Stallman is here to stay and the FSF will let him stay (as chief of GNU); we want to close the series on a positive note



  22. IRC Proceedings: Wednesday, April 01, 2020

    IRC logs for Wednesday, April 01, 2020



  23. Upcoming Articles and Research Areas

    Although we've failed to write as much as usual, we're still preparing some in-depth articles and maintaining Daily Links (in spite of unforeseen ordeals like a forced laptop migration)



  24. Links 2/4/2020: ProtonMail Bridge for Linux, GTK 3.98.2 and Red Hat DNF 4.2.21

    Links for the day



  25. Links 1/4/2020: Linux 5.7 Merges, Qt 5.14.2, GhostBSD 20.03, Linux Mint 20 Ulyana Plans, WordPress 5.4 “Adderley”

    Links for the day



  26. IRC Proceedings: Tuesday, March 31, 2020

    IRC logs for Tuesday, March 31, 2020



  27. Techrights to Delete Articles From All Past Years to Save Disk Space

    What if we deleted over 25,000 posts?



  28. IRC Proceedings: Monday, March 30, 2020

    IRC logs for Monday, March 30, 2020



  29. Links 30/3/2020: GNU Linux-libre 5.6, WireGuard 1.0.0

    Links for the day



  30. IRC Proceedings: Sunday, March 29, 2020

    IRC logs for Sunday, March 29, 2020


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