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

In defence of JD Vance, death of Pope Francis
Reprinted with permission from Daniel Pocock
Three Years in Prison for Disney Employee’s ‘Menu Hacking’: The Economic Fallout of Digital Menus
Reprinted with permission from Ryan Farmer
Approaching 10,000 Articles/Pages Since Going Static
Trying to silence or derail the site was always a dumb strategy
Microsoft is Shedding Off Loads of Staff and That Can be Dangerous Too
Working for Microsoft is a choice; nobody forces you to do it
Richard Stallman and the Unix Philosophy
When asked about systemd people must remember that RMS speaks as an active Board member of the FSF and also the founder of the FSF
Get Rid of Back Doors, Don't Obsess Over Bounties and Other Corporate PR Stunts (or Needless Reboot Rituals)
Security as a term has mostly lost its meaning due to repeated misuse for many years
Serial Sloppers Are Killing the Web (They Probably Don't Care, Either)
Slop is a disease on the Web
 
Links 26/04/2025: Facebook Layoffs Again, Remembering What's Real, and Say No to Mass Surveillance
Links for the day
Links 26/04/2025: NOAA Budget Cuts and "Dog Days Ahead"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 25, 2025
IRC logs for Friday, April 25, 2025
Links 25/04/2025: Slop Fatigue and Patent Judges Flocking to Fake, Unconstitutional and Illegal Kangaroo Court (UPC, Captured 'Justice')
Links for the day
Gemini Links 25/04/2025: Night Manager and Devuan in Hosting
Links for the day
Windows Falls to New Lows in Nicaragua, Now Below a Quarter (It Used to be Almost 100%)
Another all-time low for Windows
The Cost (to Linux) of LLM Slop
Slop 'artists' like Fagioli are far from harmless
Links 25/04/2025: Ubisoft Spyware, Hegseth Fails at Tech on Every Level
Links for the day
Gemini Links 25/04/2025: Food Forest Update and Facebook Destroying the Net
Links for the day
Streaming Apps Are “Investor Fraud” That Kills the Planet
Reprinted with permission from Ryan Farmer
Things Get Increasingly Nasty at Microsoft Ahead of the Fake Results and May's Mass Layoffs Wave
They try to get people to 'resign' so that they won't count as layoffs and the company's 'wellbeing' will seem better
IBM's Debt Ballooned by 8.5 Billion Dollars in Just 3 Months!
Hallmark of a company in a state of disarray, trying to spend its way out of trouble
Big Trouble in GNOME
even GNOME people admit the CoC went wrong
Slopping the Trough: Disney Plus Loses Billions and the Decline of Physical Media in America
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 24, 2025
IRC logs for Thursday, April 24, 2025
Links 24/04/2025: GAFAM Problems and No Peace (or Ceasefire) in Sight
Links for the day
Slopfarms on the Web Almost Always Generate Anti-Linux FUD When They Produce "Linux" Output
Welcome to the dying Web
Richard Stallman's Oxford Talk Has Just Ended, Here Are Some Photos
he might hop over to another European country
Gemini Links 24/04/2025: Birthday and Good Work of Academia in Esotericism
Links for the day
Links 24/04/2025: EU fines Apple and Facebook, Another Microsoft GitHub Security Blunder
Links for the day
New Article Explains How the GPL Came About and WordPress Having Copyleft Obligations
Having been involved in the WordPress development community since almost the beginning, I know why it chose the GPL and how it restricts abuse by Automattic
IBM Gained Almost 6 Billion Dollars in "Goodwill" Value in Just 3 Months, According to IBM
Congrats to the management!
In Belarus, Yandex is Now Measured as 50 Times More 'Popular' (by Usage) Than Microsoft
Yandex continues to gain, whereas Bing cannot even register at 1%. Last month it was registered or measured at a measly 0.65%.
IBM Cannot Lie to Shareholders Anymore
"I would not be surprised if we see a layoff every quarter this year."
Dr Richard Stallman (RMS) Gives Talk in Oxford University in 4 Hours
If you live nearby, go there (it's free as in gratis)
Using a Law Firm's Licence to Exercise Politics Through Frivolous SLAPPs and Nastygrams (to Silence People, Remove Pages, Demand Fake or Forced 'Apologies')
Things must be getting really bad when lawyers act for raving antisemites
We're Working to Make Full-Site Search Available
This site has over 1,000 'wiki' pages, many thousands of documents, several thousands of videos, and about 50,000 blog posts or articles. We need to make them easier to find/navigate.
Links 24/04/2025: IBM Loses Many Contracts, Intel to Lay Off Over 20% (Not Counting Those Who Leave 'Voluntarily')
Links for the day
Richard Stallman Can Explain to Oxford Artificial Intelligence Society Why LLM Slop is Not Artificial Intelligence and Why It Hurts Society
another 'crop' of LLM slop that damages GNU/Linux and facts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 23, 2025
IRC logs for Wednesday, April 23, 2025