Bonum Certa Men Certa

New Push for Software Patents in Europe (Innovation Union) While UK's Tim Berners-Lee Opposes (F)RAND

Tim Berners-Lee
Image from Wikimedia



Summary: The debate over patents in Europe is starting to heat up again, just shortly after the patent maximalists got defeated; Sir Tim Berners-Lee explains his opposition to (F)RAND, in addition to software patents

EUROPE is under constant threat from the software patents lobby and the hawks from the USPTO. They try to warp the EPO so as to better serve the clients in the United States, clearly at the expense of European ones (the multinationals can pretend to be European and American at the same time). The patent lobby has pushed for more or less the same goal all along, but occasionally the name of the process gets changed a little. The one advocated most recently by Barnier et al. [1, 2, 3] was called the "EU Patent" or something along those lines, but it's just another gown/brand for what was known as community patent, "unification", or something like the "harmonisation" McCreevy spoke about back in his days. Now they call it 'Innovation Union' (equating patents/monopolies with "innovation") and a European patents booster (from the same blog of a patent attorney which offers tips on patenting software in Europe) says that the Belgian presidency (Vincent van Quickenborne) is its pusher:



According to a recent press release, the European Commission published a Communication entitled “Europe 2020 Flagship Initiative Innovation Union”, which identifies ten key points required for turning Europe into a true "Innovation Union".


Axel H. Horns, another such attorney from Europe (Munich), is counting on Vincent van Quickenborne when he writes:

Mr Vincent van Quickenborne announcing talks on 'enhanced co-operation' instead of EU Patent - http://tinyurl.com/37hmmsx


As some background on Vincent van Quickenborne consider [1, 2, 3, 4]. "EU Council Press" gives him lip service, so he has become a dangerous person to software developers.

#EUPatent on the agenda of the Competitiveness #EUCouncil on 10 Dec. / CC @VincentVQ


That's just marketing talk. Competitiveness is effectively promoted without patents (monopolies), not with more of them and not with increased "enforcement" (litigation). The EU Patent was seen falling just weeks ago, with Italy and Spain taking a leading role in shooting it down because they know better. EurActiv says pressure tactics may be used now. It's appalling if true.

Italy found itself in a political squeeze on Thursday (25 November) as several key European countries moved to create a unified patent to protect the design of products sold across their borders.


There will be huge harm caused by software patents in Europe, including an open door to patent trolls in the long term. The president of the FFII warns:

Second BGH decision validating software patents in Germany, technical means the software runs in a computer http://ur1.ca/2fgca


He also points out that the "Irish Government [is] on the way to levy taxes over patent royalties, was serving Microsoft and Google to evade US fisc" (linking to this story).

The Government has revealed just how little faith it has in its vaunted "smart economy" by proposing the abolition of the one incentive SMEs had to create their own intellectual property (IP) – patent royalty tax exemptions – a leading patent lawyer has angrily railed.

Buried on page 96 of the ‘National Recovery Plan 2011 – 2014’ to remove €15bn from the State’s deficit and stimulate a recovery is a list of measures to be abolished.

Top of the list is the tax exemption for patent royalties.

It is followed by a number of other measures, like the abolition of investment allowance for machinery and plant and exploration expenditure, the approved Share Options Scheme and benefit in kind for employer-provided childcare.


Glyn Moody sarcastically states regarding the above: "lucky #swpats don't exist 'as such'"

Yes, Europe left ambiguity there with the phrase "as such". There is an additional debate right now over software patents and web standards. The founder of the Web (Tim BL) opposes software patents. I asked him about it (noting that W3C leadership has vested interests in employers' patents [1, 2, 3, 4]) and he clarified that W3C work must be royalty free. This led to a debate where Tim wrote: "#w3c work is #royaltyfree. That is *not* FRAND, as FRAND-0 can still require you get some license."

Simon Phipps wrote: "But doesn't "royalty free" also imply that other restrictions are permissible? Remember Sender ID was RF: http://bit.ly/dXecPy"

Carlo Piana wrote: "actually I've used W3C IPR policy as a good example for Open Standards, in the past. E/thing is perfectible tho'"

“...I've used W3C IPR policy as a good example for Open Standards, in the past.”
      --Carlo Piana
Mr. Oliva added: "but isn't that *still* a subset of both FRAND and FRAND-0? [...] i.e., it's not correct to say it's *not* FRAND, but rather that it's the non-evil subset of FRAND"

Glyn Moody also published "Tim BL: Open Standards Must be Royalty-Free", wherein he argues:

There's nothing radical or new there: after all, as he says, the W3C specifies that all its standards must be royalty-free. But it's a useful re-statement of that policy - and especially important at a time when many are trying to paint Royalty-Free standards as hopeless unrealistic for open standards. The Web's continuing success is the best counter-example we have to that view, and Berners-Lee's essay is a splendid reminder of that fact. Do read it.


The head of the FSFE, who previously argued with the BSA over (F)RAND [1, 2, 3, 4, 5, 6, 7, 8, 9], shares his "Christmas wish to the EPO":

The European Commission is setting out to reform Europe’s standardisation system. About time, too. Standards define what things around us look and behave like, whether soft- or hardware. Standardisation in Europe is currently dominated by a small number of organisations, and they’ve mostly done their business quietly in a corner where not many people cared to look. Except the ones with a lot of money at stake, of course.

That explains why standardisation today is still a game that’s mostly played by big corporations. At the same time, much innovation is happening elsewhere, coming from individuals and small and medium-sized companies (SMEs). Their numbers are large, but they don’t really have a voice in standardisation. Where they could participate, they often lack the time, money and specialised expertise to do so.


Well, there has been lots of RAND-related news recently [1, 2, 3, 4] and all these issues matter a lot. In Europe, mobbyists seem to be promoting Microsoft agenda (including RAND) under the camouflage/costume of opposing software patents.

Comments

Recent Techrights' Posts

Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
 
Red Hat Keeps Behaving Like a Microsoft Reseller (for Proprietary Stuff!), Microsoft Employees as Authors in redhat.com
In some ways this reminds us of Novell
UEFI 'Secure Boot' Once Again Bricking PCs and Fake Security Models Are Perishing in Geminispace
Let's Encrypt has just fallen again
Links 17/07/2024: New Attacks on the Press, European Patents Squashed Even at Kangaroo Court (UPC)
Links for the day
Gemini Links 17/07/2024: Proponents of Censorship and New Arrivals at Gemini
Links for the day
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024