Bonum Certa Men Certa

European Court of Justice and Baroness Wilcox Could Learn From Spain, Italy

Baroness Wilcox
Credit: Department for Business, Innovation and Skills (BIS)



Summary: Where Spain and Italy are correct (EU Patent opposition) it remains for the United Kingdom and Brussels' politicians to catch up

THERE IS increased pressure to legalise software patents in Europe (through the back door) and standing in the way of such a travesty we have had Spain and Italy. Spain is absolutely right and it needs to withstand financial blackmail. Some European countries have their corrupt politicians try retaliation/retribution against Spain and Italy, for merely doing what is right for the whole of Europe, not just for those nations alone. Their foes would continue to use words like "unify" and "harmonise" to deceive the masses. This daemonises those who belong to the opposition. It sounds like they are against union rather than against insidious litigation from the outside.



Techrights is grateful to the FFII for keeping track of news like this bit and this other bit, which help confirm that Spain and Italy stick to their guns.

Italy and Spain on Monday said they would appeal to the European Court of Justice against the single European Union patent approved by the other 25 EU members.

Rome and Madrid say the patent introduces "unacceptable discrimination" because it is only written in French, English and German. The announcement came at an EU competitiveness council in Brussels, where Italy's representative, Vincenzo Grassi, called the patent "one of the most divisive pages in European Union history". Spain's secretary of state for EU affairs, Diego Lopez Garrido, said the patent was "a discriminatory measure that goes against the principles of the European Union".


This brings us to the UK, which personally affects me a lot more. Baroness Wilcox has agreed to participate in a pilot program with Peer To Patent, but she does not appear to have joined the opposition above -- an opposition to something which is unconstitutional and be even be described as a hack.

Our criticism of the 'peer to patent' approach (now in the UK [1, 2]) is not intended to stir up or cause infighting. In fact, we support Peer To Patent, but we advocate other solutions. In some sense, Peer To Patent can be a distraction and "Microsoft wants to invalidate software patents, but only when they are used against the company," writes a reader of ours in mail that we have just received. He refers to this type of reports where Microsoft is said to be joining a "patent review group to avoid costly litigation". The whole idea of crowd-sourcing patents only helps legitimise the system. On this specific issue even Microsoft Florian agrees.

The matter of fact is, Europe is already harmed by Microsoft and the Commission lets it be. Rather than address the patent extortion and stop letting Microsoft tax protocols, the Commission is now allowing Microsoft to get away with some of its abuses. Maybe all the lobbying has softened the regulators. In any case, for the uninitiated Groklaw has put together this summary on "European Commission vs. Microsoft". It opens as follows:

Last week the Competition Directorate of the European Commission and Microsoft again did battle in the European courts. This time it was a hearing in the European Court of Justice to argue the propriety of the fine levied on Microsoft by the Commission stemming from the 2004 determination that Microsoft was violating EU competition laws. Microsoft was appealing the $1.3 billion fine on the grounds that it was excessive and had not been arrived at through proper due process.


We wrote about this case in recent posts about the hearing. What is really necessary now is (1) penalty for Microsoft if not embargo; (2) removal of every Microsoft APIs tax (software patents); (3) elimination of software patents in the patent office, as a matter of strong principle; (4) scraping of the EU patent, which is just a pig with lipstick on. In the UK, how about scraping anything which resembles a monopoly on software? Baroness Wilcox says that she wants to promote innovation; eliminating software patents altogether would be an important first step. Let is be said again: for GNU/Linux to 'win' software patents must die. ⬆

Comments

Recent Techrights' Posts

"My Hands Are Shaking While Writing" About IBM's Mass Layoffs at Red Hat (Bluewashing)
Shame, shame, shame on the corporate media for not covering Red Hat's layoffs this year
Taking a Look at the Last Articles of Bob Cringely at Forbes, They Were All About IBM and Its Collapse
It's all about IBM
What is "Computer Science"? It is What Broligarchs Reject.
Nowadays some people call themselves informal terms or made-up titles (with terms like "AI" or "big data" or "data" tossed into the mix)
Brigading Against Women - Part XXVII - Americans and Public Executions
"People who work for Facebook / Xitter / Bytedance's Tiktok / Microsoft / Oracle / IBM / Apple / Uber / Lyft / Wolt / DoorDash / AirBnB / Bolt / and so on are doing some world-class projection when they have the audacity to call others Bad People(tm)"
Gemini Links 12/10/2026: Westminster Quarters, Civilization, Luddites, and More
Links for the day
 
Links 12/10/2026: Shopify (Slop Booster) Has Security Issues, "Russia’s Yandex Says Data Center in Vladimir Shut Down After Drone Attack"
Links for the day
Microsoft Windows Causes Problems (and Delays) to LibreOffice and The Document Foundation
Nothing would please Microsoft more than Windows curtailing the development of LibreOffice and adoption of ODF
So Far This Year Microsoft Windows Lost a Lot of Ground in China, GNU/Linux Gaining at Its Expense
GNU/Linux will soon exceed 10%
Lessons of Margaret Hamilton (Software Engineer)
Stop abetting men who attack women in the sciences
RIP, Bob Cringely
He was too young to leave us, his articles were still brilliant and his mind as lucid as ever
Linus Torvalds Has a Conflict of Interest Regarding Slop
Linus Torvalds is paid by the slop pushers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 11, 2026
IRC logs for Sunday, October 11, 2026
Africa Sees GNU/Linux Exceeding 5% "Market Share"
It wasn't always like this. It used to be measured at 1 or 2 percent.
Slop-ware Is Not Newsworthy
LLMs are exceptionally loquacious and create large code bases
Links 11/10/2026: US Sides With Vladimir Putin, Convicted Felon Dubbed "Agent of a Foreign Power"
Links for the day
IRC Tracker Back in Order, Number of Known IRC Networks Continues to Increase
We don't know if our article helped trigger a resolution
Links 11/10/2026: "Execution TV" (Iran Aped by US) and ‘Digital Oblivion’ Caused by Slop Frenzy Online
Links for the day
Voice for the Impoverished
the country's leaders attack the country's own press
Gemini Links 11/10/2026: Adults Dressing Up as Animals, 44th Birthday, and More
Links for the day
Running a Country's Economy by Borrowing Over $400,000,000,000 Per Month
This is the hallmark of an economy in irreversible decline
Brigading Against Women - Part XXVI - Trying to Deplatform Critics of Microsoft's Restricted Boot
Like James Bottomley, Matthew Garrett served Microsoft's agenda while employed and salaried by other companies
Anderon Is Not a Real Company, It's an IBM Bailout Dressed Up or Wrapped Up In Buzzwords
It certainly does seem like they receive money from taxpayers for nothing, or for IBM to do mass layoffs/closure at Albany under the guise of "making a new spinoff"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 10, 2026
IRC logs for Saturday, October 10, 2026
Gemini Links 10/10/2026: Radio Romania International, Avoiding GAFAM, Open Camera, and Another Palm
Links for the day
The 2026 Slop Prediction (Slopfarms Perishing)
Morality in the "digital world" has deteriorated profoundly
netsplit.de (Survey of IRC Networks and History) Only Partly Functional This Month
Get well soon, netsplit.de
Microsoft Cuts
GAFAM enshittification
NVIDIA Acts Like It Cannot Pay Salaries (Too Many Obligations, Sales in Circular Financing, or Basically Accounting Fraud)
Masters of acting as clients of themselves
Paying for elections, Reform UK illegal confession in High Court
Reprinted with permission from Daniel Pocock
Contemptuous Law Firm Accusing Others of Contempt of Court
Keeping a running tally can help
Links 10/10/2026: Let's Encrypt Making Changes (Problem for Small Sites/Operations), Quartz is Officially a Slopfarm (Busted)
Links for the day
Microsoft Abuses PERM and Lays Off Workers in India
The US government has made it easier for Microsoft to hide the mass layoffs
The GAFAM Elections in the United States
If the election is run by platforms that have back doors "baked-in" and if the communications are overseen by GAFAM, you would not have to be a "nutty MAGAt" to dispute the outcome
More GAFAM Layoffs (Late on Friday Night)
They say they are worth trillions, but they don't even make money
Male-Dominated EPO Fails to Have "Concrete Measures to Support Female Staff"
Being a female at the EPO is exceptionally hard
Brigading Against Women - Part XXV - No Anonymity for People Who Did Illegal Things
"Empathy is the sunlight to the vampire of culture."
Production Freeze at the European Patent Office (Opposing Monarchy, Institutional Maladministration and Corruption)
Eight reasons to participate
Links 10/10/2026: Microsoft 'Open' 'AI' Silencing Critics, "Data Centres are the New Front Line in the Russia-Ukraine War"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 09, 2026
IRC logs for Friday, October 09, 2026
Gemini Links 10/10/2026: Optimism, Stargazing, "Life Without Smartphone", and Fairphone 4
Links for the day