Bonum Certa Men Certa

Triumph Against Software Patents in Europe as EU Treaty Brought Up

Face with question marks



Summary: Catchup post on the subject of software patents, led by good news from Europe and plans to hamper patent trolls in the US

The European Court of Justice Advocates General said last year that a pan-EU patent court would violate the principles of the EU founding treaties and it turns out that he was right. Having struggled to keep software patents out of Europe, we are pleased to find out that, as a UK-based lawyers' blog puts it, it's "bad news for unified European patent litigators" (which means it's wonderful for everybody else):



Bad news for unified European patent litigators -- in Avis 1/09 Creation of a unified patent litigation system the Court of Justice of the European Union has given its verdict on the proposed Unified Patent Litigation System (UPLS) and the European and Community Patents Court (‘the PC’). Following an 89 paragraph ruling it says:
"The envisaged agreement creating a unified patent litigation system (currently called ‘European and Community Patents Court’) is not compatible with the provisions of the EU Treaty and the FEU Treaty".


Glyn Moody adds that "another #swpats [software patents] by the backdoor attempt blocked" (and the parasites will carry on trying).

Over in Germany, there is quiet celebration among the likes of André Rebentisch and Karsten Gerloff from the FFII and FSFE, respectively. On the other hand, Microsoft booster Florian the mobbyist is daemonising Red Hat again (using old news) and saying utter nonsense, as Rebentisch helps expose:

Priceless:
Florian “Mueller also noted that a less costly European patent system would also help open-source developers and companies to obtain and, if necessary, enforce patents on a Europe-wide scale. He also suggested that at some point the EU will want to have a “unified patent system, including a single patent court”.”
Florian turns out to be the next Benoît. Hardly surprising his most recent “change of mind”.


It is not clear why David Meyer plugged in claims from a known liar. These claims are lunacy, a bit like the recent claims that open source is a "cartel". Anyway, leaving aside aggravators like Florian, FFII founder Hartmut Pilch weighed in as well. Almost nobody in Germany would ever benefit from software patents, no matter how loudly mobbyists speak out and how many journalists they mass-mail to 'inject' disinformation on behalf of corporate clients.

APRIL, a Free software advocacy group in France, has a strongly-worded announcement about this major development and there are many articles on the matter including some in German. "ECJ says that Commission proposal for unitary EU #patent is incompatible with EU treaties" is how Gerloff summarises it.

The FSF's Bradley Kuhn addresses the problem with Novell's Mono trap when he writes that "#Tomboy is part of !GNOME desktop, so #Microsoft #swpats attack could impact. Glad to learn dependency won't increase"

The OSI's Simon Phipps speaks about Novell's atrocious deal with Microsoft, wherein a patent transfer is being arranged. To quote the new article:

When we consider software patents, it's easy to believe they are something outside the open source communities. Mentally, many of us model them as a weapon belonging to "patent trolls" - companies who don't make products in the area of the patents they own (they may have other business interests they are funding) but instead create their income by shaking down businesses who unwittingly stray into their patent minefields.

But I suggest that many of the patents these "non-practicising entities" (as they are known to lawyers) use actually come directly from the development of software and potentially open source software. They start life in "friendly" hands, but there's every chance they will eventually be used in harmful ways. Just look at the proposed sale of Novell's patent portfolio to CPTN to get the idea how. Right now the US Department of Justice seems to agree it's a problem and may even intervene in the sale. Parallel Filing

In the corporations where I have worked, programmers have been incented along with other engineers to constantly watch their work for ideas that could be encapsulated in a patent. This "parallel filing" - developers doing work and filing patents on their innovations at the same time - results in the creation of a ring-fence around each activity in which the engineers participate.


CPTN may end up just dying if the deal gets blocked by the US DOJ or anti-cartel authorities. And guess who's getting sued again? That would be Google. The plaintiff stays mum: "In a brief response, the company tells me that they will not comment on either this case or the complaint they’ve just filed against Google, revealing that the search giant is effectively already under legal attack by the software maker." Obama plans fundamental rethink of software patents, but it won't be enough. In fact, it's more like lip service based on what we've seen all along (even before Obama took office). Also see "FTC recommends patent reform"; "US FTC report recommends improvements in patent system"; "FTC Targets Patent Trolls"; "FTC Puts Patent Trolls On Notice" and "US patent law change to protect innovators". It's likely that nothing will change in the US because once bad laws are passed, it is extremely hard to reverse/retract them. Other news about software patents which we lack time to cover are added below.

- A Practical Rant about Software Patents - Why are a paltry number of patents registered in Africa? - Patent trolls fatten up on vaguely worded patents - Apple And PayPal Hit With Lawsuit Over Patent For ‘One-Click’

Comments

Recent Techrights' Posts

SLAPP Censorship - Part 163 Out of 200: Attack on Computer Science and on Computer Security (or Associating Back Doors and Kill Switches With "Security")
Nowadays there are many who pretend to be security professionals
No Allure in Omarchy, the Political Hyenas Only Give it More Free Publicity
To me, Omarchy seems like a weak project because of the slop (an HR problem)
Don't Let Bastards and Haters Grind You Down
They say "jealousy is the sincerest form of flattery"
Goodbye, Dolly
This week we say "goodbye, Dolly."
 
Clownflare Sees GNU/Linux and ChromeOS at Over 13% in Bahamas
Narrowing down to desktops and laptops, and judging by Web requests that go through Clownflare, many people there use GNU/Linux or Google's 'bastardised' version of it (with spyware preloaded)
Richard Stallman Complains That Linux Gives a Bad Name to GNU and Asks for Feedback on What's Wrong with Systemd (and Wayland)
Maybe some people want to send him a detailed, polite explanation
GNU/Linux Does Not Need Social Control Media to Succeed
When it comes to Social Control Media, Richard Stallman was right
Increasing Focus on Patent Injustices
We'll soon cover the EPO a lot more
There's No "Next XBox"
Nothing comes ahead except layoffs and price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 26, 2026
IRC logs for Wednesday, August 26, 2026
Gemini Links 27/08/2026: Conditioning, Lagrange 1.21, and Computer Games
Links for the day
Links 26/08/2026: Patent Troll InterDigital Utilises Software Patents in Unconstitutional Court, "WikiHow Launches Copyright Infringement Suit Against" LLM Plagiarism
Links for the day
The Register MS Has New Fake Article ("SPONSORED FEATURE") With "AI" 21 Times In It
The Register MS is one among many culprits
Gemini Links 26/08/2026: “Doomsday Clock”, Rwanda Genocide, and Boasting About Using LLMs Instead of Writing Code (Due to Employer's Pressure)
Links for the day
Twitter is Not an API or a Communication Site, It's a Really Bad Site That Forces You to be Enslaved by Its Algorithm (Amplifying Its Owner's Worldviews)
the crackdown on Nitter means we should all avoid accessing or linking to x.com (Twitter)
GNU/Linux Rose in Caribbean Islands
combined population is measured at 44,182,048
IBM's Quantum Computing Lies Explained Again by Sabine Hossenfelder
To become a CEO at IBM one must lie
Controlling Culture and Social Behaviour by Digital Locks
if you don't fully control the technology in your possession, then you're not using that technology, this technology covertly uses you
Links 26/08/2026: Election Bribery (aka Vote-Buying) Deemed "OK" in the US, "Nitter is Shutting Down After a Cease and Desist Letter" by MElon
Links for the day
Analogue So Much Better and Faster
From what we can gather, the tram ticketing system does not use Windows; we never saw it crashing or rebooting (or showing some Windows logo) in decades, so we assume it runs some kind of Linux
Linux Today Dumped All Social Control Media Last December
Linux Today seems to have concluded that all Social Control Media is just a waste of time
Don't Say X.com is OK Because People Can Access It by Alternative Means
Can Mozilla please clarify who inside Mozilla greenlit a return to X.com?
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day
How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day