05.20.11

Gemini version available ♊︎

Europe’s Peanut Gallery Wants Software Patents

Posted in Google, Intellectual Monopoly, Microsoft, Patents at 10:07 am by Dr. Roy Schestowitz

Vincent Van Quickenborne

Summary: A fresher look at who is pushing for software patents in Europe and who is antagonising them this week

EUROPE’S policy is under attack. Companies from across the Atlantic want to increase their foothold and all they need is a bunch of corruptible politicians, who will happily carry water for foreign interests that directly harm science and technology everywhere in the world. One of the latest dunces for bad patent policies is Vincent Van Quickenborne [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]. He still fuels the EPO’s propaganda for more patents (business) and litigation too. To quote:

Vincent van Quickenborne says unitary patent wil provide cheaper, easier and full protection for European inventors

European software developers — myself included — should be very concerned about this. A plague that causes great harm to American developers is being exported to Europe with foresight that probably encompasses the rest of Asia, too. The monopolies never rest and they can never get enough laws that legitimise their infinite sense of entitlement, like some sort of a corporate welfare plan. There is ongoing discussion in FFII mailing lists (the relevant list seems to be private, so we won’t quote anything from it here) and it sure seems like many European developers worry about recent developments, primarily a report from the UK and the unitary patent lobby. The FFII’s president notes: “Swpats in the UK, more burden for software developers: http://ur1.ca/47lsk” (an article titled “UK report calls for reforms to intellectual property law” is providing some context/background). He links to this government report, noting:

Super High priority for the UK IPreview: unified EU patent court and EU patent system to validate swpats: http://ur1.ca/47y85

There is also this from the UK-IPO, on which he remarks by writing: “IPreview uses the term “non-technical computer programs”, but what is non-technical? http://ur1.ca/47y7m”

“European Commission tries to put patent law outside of Europe,” he concludes. We wrote about this before. Europe gives away its sovereignty and lets mega-corporations get their way at the public’s expense. Very discouraging indeed. Similarly he writes regarding this article that the Commission non-paper for hacking the ECJ decision, goal is to validate EU software patents with a central court” (see the FFII Web site for reference).

Dr. Glyn Moody, a British mathematician-turned journalist, is meanwhile criticising the “World Copyright Summit”, which oddly enough excluded the most important stakeholder:

The organisers really seem to have included everyone, just as they say: “All stakeholders involved in creative industries – creation, licensing, usage, collective management, legislation and dissemination of intellectual property and creative content.”

Well, everyone except one: The Public.

The public is the elephant in the room at this conference – or, rather, the seven billion elephants in the room.

Not only is the public not participating here, it is not even mentioned, as if the very word were some kind of defilement in these hallowed halls celebrating the great intellectual monopoly of copyright, and ways of extracting the maximum “value” from it.

It is the same when it comes to patents. Quoting The Register (from a notorious author who hates freedom), it sure seems like software patents are not there yet, at least not in Europe.

For software patents, the report is skeptical about the benefits, and highlights confusion in interpretation under the European Patent Convention (EPC).

Worth paying attention to is Google’s stance there. Google has been suffering a lot from software patents. In Europe it need not change/fix any laws, it merely needs to preserve an exclusion of software patents. Despite the apparent exceptions (such as Microsoft's FAT patent and Siemens [1, 2]), German courts are able to return to their senses and bread crumbs navigation is deemed not patentable by the German Federal Court:

In a judgment of 24 February 2011, the reasons for which only became available recently, the German Federal Court (BGH) upheld a decision of the Federal Patent Court which invalidated Siemens’ German patent DE 101 15 895 C1, which I take the liberty of referring to as the “bread crumbs patent”.

Another loss for software patents.

“Siemens is most probably a patent applicant world “leader”,” claimed Marcio B. Jr. a few days ago [1, 2]. Siemens also advocates/lobbies for software patents. Might we see affirmation that software patents in Europe are disregarded by the legal system?

The claim about Siemens is being contested by the president of the FFII, who says that Philips — not Siemens — is the worse among the European companies.

Philips pushing for a central patent court in the EU, number one pusher for software patents http://ur1.ca/47wn8

Another pusher for it appears to be Bill Gates and his sidekick (as noted earlier today), not just Microsoft and its lobbyists.

This is a subject of international scope. Not only Europeans should keep an eye on it; if Europe ever surrenders to the peanut gallery, the rest of the world will possibly follow.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

3 Comments

  1. Needs Sunlight said,

    May 20, 2011 at 11:04 am

    Gravatar

    Developers should be concerned, but it is the users that have the most to lose. Patents target usage.

    Dr. Roy Schestowitz Reply:

    Sure, the only ones benefiting are non-producing people.

  2. pinguinpat said,

    May 21, 2011 at 4:06 am

    Gravatar

    Van Quickenborne (openVLD) really is unbelievable, since Belgium hasn’t formed a new government for almost a year now he still is in place together with his big EU brother De Gucht senior (openVLD) what makes the situation even worse.

    There should be going more information to all politicians as well as non-producing people who still don’t see the danger of software and other toxic patents.

DecorWhat Else is New


  1. Links 21/05/2022: GitLab at Fedora and Pipewire in Next Ubuntu

    Links for the day



  2. Links 21/05/2022: HP Teams up with System76

    Links for the day



  3. IRC Proceedings: Friday, May 20, 2022

    IRC logs for Friday, May 20, 2022



  4. Links 20/05/2022: Thunderbird Revenue Rising

    Links for the day



  5. Outsourcing Sites to Social Control Media is an Outdated Mindset in 2022

    Centralised or federated censorship/filtering platforms (also known as "social [control] media" [sic]) aren't the way forward; we're therefore a little surprised that Linux Weekly News (LWN) bothers with that languishing bandwagon all of a sudden



  6. Links 20/05/2022: Plasma's Latest Beta in Kubuntu 22.04, Kapow 1.6.0 Released

    Links for the day



  7. Turkey's Migration to Pardus Linux and LibreOffice Explained 2 Months Ago in LibrePlanet

    This talk by Hüseyin GÜÇ was uploaded under the title “Real world GNU/Linux story from Istanbul”



  8. In Turkey, Windows Market Share is Down to Almost Nothing, 'Linux' is About Two Thirds of the Connected Devices

    Watch this graph of Windows going down from around 99.5% to just 11.55% this month



  9. The Lies and Delusions of António Campinos

    Monopolies and American corporations (and their lawyers) are a priority for today's EPO, Europe's second-largest institution



  10. Links 20/05/2022: Fedora BIOS Boot SIG

    Links for the day



  11. Links 20/05/2022: Oracle Linux 8.6 and VMware Security Crisis

    Links for the day



  12. IRC Proceedings: Thursday, May 19, 2022

    IRC logs for Thursday, May 19, 2022



  13. Links 19/05/2022: Rust 1.61.0 and Lots of Security FUD

    Links for the day



  14. EPO Eating Its Own (and Robbing Its Own)

    António Campinos is lying to his staff and losing his temper when challenged about it; Like Benoît Battistelli, who ‘fixed’ this job for his banker buddy (despite a clear lack of qualifications and relevant experience), he’s just robbing the EPO’s staff (even pensioners!) and scrubbing the EPC for ill-gotten money, which is in turn illegally funneled into financialization schemes



  15. [Meme] EPO Budget Tanking?

    While the EPO‘s António Campinos incites people (and politicians) to break the law he’s also attacking, robbing, and lying to his own staff; thankfully, his staff isn’t gullible enough and some MEPs are sympathetic; soon to follow is a video and publication about the EPO’s systematic plunder (ETA midnight GMT)



  16. EPO.org (Official EPO Site) Continues to Promote Illegal Agenda and Exploit Ukraine for PR Stunts That Help Unaccountable Crooks

    epo.org has been turned into a non-stop propaganda machine of Benoît Battistelli and António Campinos because the EPO routinely breaks the law; it’s rather tasteless that while Ukrainians are dying the EPO’s mob exploits Ukraine for PR purposes



  17. [Meme] EPO Applicants Unwittingly Fund the War on Ukraine

    As we’ve just shown, António Campinos is desperately trying to hide a massive EPO scandal



  18. EPO Virtue-Signalling on the Ukrainian Front

    António Campinos persists in attention-shifting dross and photo ops; none of that can change the verifiable facts about the EPO’s connections to Lukashenko’s 'science park' in Minsk



  19. Links 19/05/2022: PostgreSQL 15 Beta 1 and Plasma 5.25 Beta

    Links for the day



  20. A Libera.Chat Anniversary and Happy Birthday (Maybe the Last) to 'Leenode'

    What became known as the so-called ‘Leenode’ is a cautionary tale, but maybe it is also a blessing in disguise because IRC as a whole seem to have become a lot more decentralised (as everything should be)



  21. Links 19/05/2022: The Gradual Fall of Netflix/DRM

    Links for the day



  22. IRC Proceedings: Wednesday, May 18, 2022

    IRC logs for Wednesday, May 18, 2022



  23. Links 18/05/2022: Qt Company Loses Chief; OpenSUSE Leap Micro 5.2 and RHEL 9 Final

    Links for the day



  24. Jim Zemlin's Wife is Funded by Puppies (Microsoft)

    Jim Zemlin — like his wife — is bagging millions from Microsoft, but that’s clearly a conflict of interest for the Linux Foundation



  25. Links 18/05/2022: More Defections From WordPress to Gemini

    Links for the day



  26. Links 18/05/2022: PikaScript and cURL's Annual User Survey

    Links for the day



  27. IRC Proceedings: Tuesday, May 17, 2022

    IRC logs for Tuesday, May 17, 2022



  28. Phoronix: Microsoft and Phoronix Sponsor (and Close Microsoft Partner) AMD All Over the Place

    When you’re taking massive 'gifts' from AMD (and also some from Microsoft) maybe it’s not surprising that editorial decisions change somewhat…



  29. EPO Has No F-ing Oversight

    Earlier today SUEPO mentioned this new article demonstrating that EPO President António Campinos can very obviously and blatantly violate the Code of Conduct of the Office without facing any consequences; there are translations too, so the report is now available in four languages



  30. [Meme] Linux-Rejecting Foundation

    The Linux Foundation never really leads by example; by default, it uses proprietary software


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