Editors • About the Site • Comes vs. Microsoft • Using This Web Site • Site Archives • Credibility Index • OOXML • OpenDocument • Patents • Novell • News Digest • Site News • RSS

05.05.11

Breaking European Patent Law With the Benelux Court Hack

Posted in Europe, Law, Patents at 9:07 am by Dr. Roy Schestowitz

Whose law is it anyway?

Industrial

Summary: Deregulation and disregard for the law, for the benefit of large corporations; is this the future of Europe?

The issue of software patents in Europe is affected by strict rules which help prevent total abomination [1, 2]. The same goes for unconstitutional aspects of ACTA (for background see [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14]). Unconstitutional aspects of the EU patent currently help keep it at bay:

“After the Opinion of the Advocates General of July 2, 2010 in the case 1/09 which had come to the conclusion that the Proposal for an Agreement on a combined court system for EPC and EU patents is incompatible with the EU Treaties , now the European Court of Justice (CJ) has spoken.

As the president of the FFII put it:

The solution for software patents in Europe: ECJ outside of the law, the Benelux court hack: http://ur1.ca/42xyv

To quote the original [PDF]: “The Opinion comes to the conclusion that 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.”

Good! But as usual, just like in the case of pollution, there are usually loopholes that permit the unacceptable activity to carry on (secretly at home or legally abroad). █

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 24/5/2013: Fedora ‘Pidora’, CIvil Rights Debated in the US

    Links for the day

  2. Bill Gates Still Getting Richer Through For-Profit Investments, Now Wants to Brainwash Children in Schools in Favour of His Investments

    Some of the latest strategies used by the world's richest man to protect his investments and amass yet more money, adding to an ever-growing wealth while pretending it's a charity

  3. Microsoft Entryism and Its Effects on Corporate and Public Policy

    An aspect of Microsoft culture that ought not be overlooked because of its profound effect on society (private and public)

  4. Red Hat Should Follow Google's and Twitter's Footsteps on Patents to Avoid Becoming the Next Novell

    Red Hat continues to ignore my plea to defang the software patents it is applying for, potentially making them weaponised like Novell's and Sun's patents (e.g. Java at Oracle) upon buyout or another major event

  5. CAFC Decision Still Overridden by Overzealous Patent Lawyers in the Press, The Guardian and Other Corporate Press (CBS and AFP Included) Still Guard the Establishment

    Analysis of a sceptical kind of corporate press coverage regarding software patents in the US; great examples of how Microsoft- and Gates-funded press outlets tend to get it all wrong on the facts, smearing digital freedom fighters

  6. Software Patents Debate Still Open in New Zealand and the US

    In spite of distraction attempts, the debate over software patents continues to stress that there is a real danger

  7. WebM is No Ogg, It is Not Freedom-Respecting Anymore, Even in Countries That Have No Software Patents

    Why Google needs to fix the licence of VP9, or simply stop pretending that it should be the only de facto standard for multimedia

  8. Microsoft Violates Google Licences

    The champion of 'IP' and licensing (extortion) is not much of a champion after all, based on new reports, not just a lot of old ones

  9. Skype Teaches Us That All Microsoft Software Should be Assumed Spyware Unless Proven Otherwise

    The broader implications of Microsoft adding spying 'features' to Skype

  10. Links 23/5/2013: Threat to Civil Rights in UK, KDE 4.11 LTS

    Links for the day

  11. Links 22/5/2013: Debian GNU/Hurd, New Go Language Release

    Links for the day

  12. The FRAND Apple-Microsoft Conspiracy Attempts to Destroy Android/Linux, Ban Imports

    How Microsoft and Apple are using patents in bulk (sometimes acquired in unison, e.g. from Novell and Nortel) to artificially lower market saturation of the Android operating system or drive costs up

  13. Gates Foundation: Buying Influence for Bill's Ego and Bill's Profit

    New examples of power being acquired and investments (i.e. for profit) being funnelled into the beneficiaries

  14. Bill Gates Enters Financial Centres With His Goons Becoming US Budget Chief, Top Bankers

    How Bill Gates' staff is entering positions of financial power, indirectly giving Gates power over US (national and international) finance

  15. IBM Ignores Small Companies' Interests, Denies Patent Scope is a Problem, Focusing on Its Own Problems (Trolls) Instead

    How David Kappos and IBM (his longtime employer) continue to ignore the obvious problem which kills small businesses and everyone is complaining about

  16. The New York Times Publishes Factually-Flawed Patent Propaganda Benefiting Microsoft and Apple

    Eamonn Fingleton is rewriting history in the US' top newspaper, insinuating that patents contributed to the rise of software duopolists

  17. Software Patents Eligibility Likely to be Decided by SCOTUS

    Analyses suggest that an escalation by appeal to SCOTUS is likely to be the next stage in 'Bilski 2.0'

  18. Does Bill Gates Try to Flush GNU/Linux Down the Toilet in Kerala?

    Renting Microsoft software rather than using Free (as in freedom, or libre) software?

  19. Links 21/5/2013: Handbrake Turns 0.9.9, NetBSD 6.1

    Links for the day

  20. Links 20/5/2013: First Salifish Smartphone, Mageia 3 Released

    Links for the day

  21. Microsoft Corruption (Illegal Tenders) Stopped by European Court

    Microsoft cannot bypass public tenders, based on a ruling from a court of law in Europe

  22. Not Satire: Microsoft Wants to Show the World How Security is Done

    Software security 'standard' to be led by the company which made insecurity an acceptable engineering practice?

  23. Microsoft is Struggling to Maintain Industry 'Standards'

    With Microsoft's common carrier and browser share down considerably Microsoft finds itself increasingly irrelevant and it tries subversive means of making another comeback

  24. Microsoft Entryism and Bribery Get the Microsoft Way Implemented

    A recollection of very dirty tactics from Microsoft, which uses money to oppress, overthrow, and even hijack its opposition

  25. Patent Policy Laundering in the European Union and New Zealand

    How the so-called 'free' trade agreements help spread patent policy which favours software patents

  26. Ongoing Focus on Patent Litigation and Patent Trolls Reduces Focus on Software Patents

    The problem with increased focus on the players that use software patents litigiously and the litigation itself

  27. Andrew Y. Schroeder Shows That Patent Lawyers Are Sociopaths

    Bully and law misuser is trying to get his way with foul language, intimidation, and sheer lack of professionalism

  28. IBM-backed Book on 'Open Innovation'

    OpenForum Europe (OFE), which helps IBM's turf wars in Europe, releases a new book filled with its talking point

  29. Joseph E. Stiglitz Criticises the Patent System

    More critical words about the patent system and the way it is harming lives

  30. Senator Schumer Should Focus on Software Patents, Leaving Patent Trolls (Side Effect) Aside

    Reform in the USPTO and the US courts should focus on patent scope and not patent holders

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

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts