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

02.04.11

Europe Enters the Patents Cold War

Posted in Europe, Patents at 3:23 pm by Dr. Roy Schestowitz

Sienna, Italy

Summary: With the exception of Italy (and Spain, although it is being blackmailed), Europe is taking the road to spurious patents that harm developers while benefiting lawyers and monopolists

COMMON sense says that developers should write code, not patent applications. But in a world where law school graduates clamour for jobs that cannot be so simple, can it? Based on yet another report — this time from patents sceptics — European policy-makers continue to fall for the illusion that more patents must be indicative of more “innovation”. To quote:

The European Union is failing to keep pace with key competitor nations and is in need of a radical new, greatly simplified, approach to research and innovation, the European Commission said on 1 February. And an element of what is needed is a European-wide patent.

Once again we find this excuse for a unitary system that can in due course endorse software patents, too. Fortunately, there is already a thorough rebuttal to this nonsense, going under the headline that says: “Europe Feels The Need To Catch Up To China And The US In The Self-Destructive Patent Race”

So, over in Europe, overreacting bureaucrats are about to make the same mistake. They’ve declared that the EU is “falling behind” in innovation (really, patents) and are urging a more streamlined patent system that would be European-wide. The idea, of course, is that with a EU-wide patent system, it becomes easier to get patents. Of course, that only helps innovation if patents actually lead to more innovation and, sadly, the evidence suggests otherwise.

EurActiv joined the propaganda and did mention Italy’s smart decision to resist and thereby cripple a European-wide patent concept. To quote:

Italy found itself isolated in December when eleven countries signed a letter requesting the European Commission to move forward on the patent issue without waiting for other countries. Another dozen said it was time to move forward using enhanced cooperation, leaving the door open for other countries to join at a later stage.

“There will likely be a short exchange of views on the issue,” said an EU source, “but only if Berlusconi brings it forward”.

Italian Prime Minister Silvio Berlusconi raised this issue in a letter sent on Friday (28 January) to European Council President Herman Van Rompuy and Commission President José Manuel Barroso.

He asked for progress to be made on the patent issue but underlined that there should be an agreement “respecting the integrity of the internal market and involving all member states”.

The patent lawyer Falk Metzler is no friend of the FFII and he is a good friend of software patents based on his blog posts. He does not like the way FFII helps derail the European-wide patent and his contempt for the group generated some slightly hostile remarks in a mailing list. To quote just part of it:

That’s the moment in history when the Foundation for a Free Information Infrastructure (FFII), which has become widely known for their emphatic resistance against the EU Software Patent Directive (COM (2002) 92) in 2002 to 2005, comes up with the idea that the EU Office for Harmonisation in the Internal Market (OHIM) should be in charge of the coming EU patent rather than the more independent European Patent Office (EPO), since the FFII deeply suspects EPO “for granting of software patents without a prior legislative authorisation”.

The FFII was founded by his fellow countryman who fought to keep software patents away from Europe. In the next post we’ll show what happens in the US where no group like the FFII existed to stave off such destructive legal weapons.

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 19/8/2019: Another Linux 5.3 RC, OpenSUSE's Richard Brown Steps Down, Slackware Creates Patreon Page, Qt 6 Initiated

    Links for the day



  2. Speaking Truth to Monopolies (or How to Write Guest Posts in Techrights)

    We need to have more articles tackling the passage of all power — especially when it comes to software — to few large monopolies that disregard human rights or actively participate in their abolishment in the digital realm



  3. Guarding and Rescuing the FSF Titanic: Free as in Speech

    "While a new breed of so-called anarchists campaign against expression that even the state allows, people are also foolishly overplaying the relevance of the state to free speech issues -- as if it's not a freedom issue when a project is increasingly thought-policed, because the thought-policing isn't on a state level."



  4. Toxic Culture at Microsoft

    Racism, intolerance, sexism and bullying are rampant at Microsoft; but Microsoft would rather deflect/divert/sidetrack to Google and so-called 'GAFA'



  5. Guarding and Rescuing the FSF Titanic: Introduction

    "The FSF isn't just threatened, it will hit a large iceberg in the future that changes it permanently."



  6. Linux Journal and Linux.com Should Have Been Kept Going

    There's apparently no good explanation for the effective shutdown of Linux Journal and Linux.com; London Trust Media Holdings (LTMH), owner of Linux Journal, saw numbers improving and the Linux Foundation, steward of Linux.com, is loaded with money



  7. 2019 Microsoft Glossary

    How Microsoft internally interprets words that it is saying to the public and to the press



  8. 2019 Surveillance Glossary

    Distortion of technical and nontechnical terms in this day and age of '1984'



  9. Openwashing Report: It's Getting Worse, Fast. Everything is Apparently 'Open' Now Even Though It's Actually Proprietary.

    The latest examples (this past week's) of openwashing in the media, ranging from 5G to surveillance



  10. GitHub is a Dagger Inside Free/Open Source Software (FOSS); This is Why Microsoft Bought It

    A year later it seems pretty evident that Microsoft doesn’t like FOSS but is merely trying to control it, e.g. by buying millions of FOSS projects/repositories at the platform level (the above is what the Linux Foundation‘s Jim Zemlin said to Microsoft at their event while antitrust regulators were still assessing the proposed takeover)



  11. Microsoft Grows Within and Eats You From the Inside

    Microsoft entryism and other subversive tactics continue to threaten and sometimes successfully undermine the competition; Microsoft is nowadays doing that to core projects in the Free/Open Source software world



  12. Links 18/8/2019: New KNOPPIX and Emmabuntus Released

    Links for the day



  13. Links 17/8/2019: Unigine 2.9 and Git 2.23

    Links for the day



  14. Computer-Generated Patent Applications Show That Patents and Innovations Are Very Different Things

    The 'cheapening' of the concept of 'inventor' (or 'invention') undermines the whole foundation/basis of the patent system and deep inside patent law firms know it



  15. Concerns About IBM's Commitment to OpenSource.com After the Fall of Linux.com and Linux Journal

    The Web site OpenSource.com is over two decades old; in its current form it's about a decade old and it contains plenty of good articles, but will IBM think so too and, if so, will investment in the site carry on?



  16. Electronic Frontier Foundation Makes a Mistake by Giving Award to Microsoft Surveillance Person

    At age 30 (almost) the Electronic Frontier Foundation still campaigns for privacy; so why does it grant awards to enemies of privacy?



  17. Caturdays and Sundays at Techrights Will Get Busier

    Our plan to spend the weekends writing more articles about Software Freedom; it seems like a high-priority issue



  18. Why Techrights Doesn't Do Social Control Media

    Being managed and censored by platform owners (sometimes their shareholders) isn’t an alluring proposition when a site challenges conformist norms and the status quo; Techrights belongs in a platform of its own



  19. Patent Prosecution Highways and Examination Highways Are Dooming the EPO

    Speed is not a measure of quality; but today's EPO is just trying to get as much money as possible, as fast as possible (before the whole thing implodes)



  20. Software Patents Won't Come Back Just Because They're (Re)Framed/Branded as "HEY HI" (AI)

    The pattern we've been observing in recent years is, patent applicants and law firms simply rewrite applications to make these seem patent-eligible on the surface (owing to deliberate deception) and patent offices facilitate these loopholes in order to fake 'growth'



  21. IP Kat Pays the Price for Being a Megaphone of Team UPC

    The typical or the usual suspects speak out about the so-called 'prospects' (with delusions of inevitability) of the Unified Patent Court Agreement, neglecting to account for their own longterm credibility



  22. Links 17/8/2019: Wine 4.14 is Out, Debian Celebrates 26 years

    Links for the day



  23. Nothing Says 'New' Microsoft Like Microsoft Component Firmware Update (More Hardware Lock-in)

    Vicious old Microsoft is still trying to make life very hard for GNU/Linux, especially in the OEM channel/s, but we're somehow supposed to think that "Microsoft loves Linux"



  24. Bill Gates and His Special Relationship With Jeffrey Epstein Still Stirring Speculations

    Love of the "children" has long been a controversial subject for Microsoft; can Bill Gates and his connections to Jeffrey Epstein unearth some unsavoury secrets?



  25. Links 16/8/2019: Kdevops and QEMU 4.1

    Links for the day



  26. The EPO's War on the Convention on the Grant of European Patents 2000 (EPC 2000), Not Just Brexit, Kills the Unitary Patent (UP/UPC) and Dooms Justice

    Team UPC continues to ignore the utter failures that have led to lawlessness at the EPO, attributing the demise of the Unified Patent Court (UPC) to Brexit alone and pretending that it's not even a problem



  27. Links 15/8/2019: GNOME's Birthday, LLVM 9.0 RC2

    Links for the day



  28. 'Foundation' Hype Spreads in China

    Nonprofits seem to have become more of a business loophole than a charitable endeavour; the problem is, this erodes confidence in legitimate Free software and good causes



  29. Links Are Not Endorsements

    If the only alternative is to say nothing and link to nothing, then we have a problem; a lot of people still assume that because someone links to something it therefore implies agreement and consent



  30. The Myth of 'Professionalism'

    Perception of professionalism, a vehicle or a motivation for making Linux more 'corporate-friendly' (i.e. owned by corporations), is a growing threat to Software Freedom inside Linux, as well as freedom of speech and many other things


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