Bonum Certa Men Certa

Europe's Software Patents Problem Summarised

Earth



Summary: Monopolists like Microsoft, based in the United States, try to transport software patents across the Atlantic, so Techrights provides a news summary and a general summary of trends to watch out for

HERE at Techrights we have been covering the situation of software patents in Europe almost since the dawn of this Web site. It was always about software patents and more people begin to understand the importance of this issue when they hear that Microsoft makes money out of HTC's Android phones. Additionally, as one reader shows us this week, "HTC paid for patents and started to use aspx." Can someone verify this? Netcraft history does not go far back. We already know about Microsoft's pressure on Intel to use Windows on servers because we found internal documents about it. Microsoft is bundling such deals, making agreements conditional upon migration and PR for Microsoft.



Anyway, to learn about Microsoft's lobbying for software patents in Europe, one needs to be familiar with the proxies they use for lobbying, e.g. Association for Competitive Technology. Microsoft has ways of trying to portray itself as "European" and also use 'Euro-washed' firms to push its agenda there. We mostly covered these in 2008 and 2009, so we advise readers to look back (we strive to decrease repetition). It is clear that Microsoft is a major component of this problem, others being Siemens and Nokia. It should not be shocking that those in favour of software patenting are giants. Patent monopolies make giants stronger and the only small entities to whom such a system might be of use are patent trolls and lawyers' firms specialising in so-called 'IP'.

Last year in the United States, Bilski and his colleague shattered the US system by further legitimising software patents, at least based on some people's analysis (inconclusive). They took it all the way up to the SCOTUS, whose rulings on the subject of patents have been rather terrible recently. SCOTUS deserves no blind respect because laws too are relative and they depend on principles one adopts in a certain civilised culture. There is no absolute justice or definition of "civilised"; the bias is 'built in'.

Bilski's patent was classified as belonging to the business methods category and this new report from the Wall Street Journal says that patents on tax strategies (emulating pen-and-paper methods) may soon be ruled illegal:

U.S. patent number 7,698,194 isn't an ingenious new machine or a breakthrough medical treatment. It's a method of analyzing the taxes associated with college-savings plans.

It's also one of the 144 patented tax strategies and 162 pending applications, as of late May, that tax preparers say have burdened their job and made it harder for citizens to pay their taxes.

Consumer and tax groups have pushed since 2007 to get such patents banned, and their efforts are poised to come to fruition this month. The House of Representatives is expected to vote when it returns from this week's recess on a major overhaul of the patent system that would effectively prohibit patenting tax strategies.


While there is hope that the USPTO will be reforming (in accordance with public backlash), things are not improving in Europe. Recently, for example, Mrs. Wilcox decided to usher in a scheme [1, 2, 3] that may help legitimise/change the bar for US patents (even in Europe) and to quote the sort of fallacies she is repeating: [via Benjamin Henrion]: Baroness Wilcox, the minister for intellectual property, said: "The pilot will give experts the opportunity to comment on patent applications and share their vital expertise before patents are granted. It will also mean that inventions already known in the wider community will be filtered out more readily. Peer To Patent is a step forward in supporting growth by reinforcing the patent bedrock on which innovative businesses thrive."

Innovative businesses actually did not require patents. Look at Google for a recent example. Meanwhile in Europe we also have the worry about the RAND lobby at the Commission [1, 2]. Benjamin highlights this new page which signals more of the same. RAND is not compatible with Free software, but the Commission is guarding RAND nonetheless, after lobbying from Microsoft front groups. This relates to the first issue which we covered. Most important, however, is the current push for the EU Patent, which seeks to make litigation of larger scale easier and can also spread software patents such that they transcend borders with the mere signing of some document/s (treaty superseding the law using a 'hack'). Consider the fact that in the United States a patent previously owned by Microsoft's patent troll (Intellectual Ventures) is the subject of litigation seeking its invalidation. At the same time we see companies turning into a pile of patents ripe for picking by trolls. To them, patents are just means for suing, using patent lawyers. Rather than breed an industry which innovates, patents expand an industry which litigates. Consider this one firm which is "specializing in software patents, copyright and trade secrets." The source article is here (New York Times blogs). What value can such firms actually bring to an economy? Here it is in context:

Andrew Schulman wasn’t. He’s a Lens reader in San Francisco, a photographer and — most important for the purposes of this post — a lawyer specializing in software patents, copyright and trade secrets.


Now they want to patent umbrellas too? It is not even an idea previously unexplored. About a decade ago I typed down on my PDA an idea I had for an umbrella. Many of the so-called 'inventions' people seek patents on have not just been thought of before but also implemented. This whole business of patents merely adds complexity to the system and slows down its advancement.

To summarise some of the key points, Europe faces new threats from lobbying (e.g. For RAND), so-called 'unification' (which can actually be the import of software patents), and an attempt to start from the premise that the problem is "quality" of patents rather than their type (e.g. software, tax). We must all stay vigilant. It is possible that software patents will die in the States before they manage to spread to other countries like some of kind a virus.

Recent Techrights' Posts

Sanitised Plagiarism as "AI" (How Oligarchy Plots to Use Slop to Hide or Distract From Its Abuses, or Cause People Not to Trust Anything They See/Read Online)
This isn't innovation but repression
Recent Layoffs at Red Hat (2026 the Year of Ultimate Bluewashing)
I found it amusing that Red Hat's CEO has just chosen to wear all blue, as if to make a point
Team Campinos Talks About SAP Days Before EPO Industrial Actions and a Day Before the "Alicante Mafia" Series (About Team Campinos Doing Cocaine)
EPO staff that isn't morally feeble will insist on objecting to illegal instructions
Stack(ed) Rankings and Ongoing Layoffs at Red Hat and IBM (Failure to Keep Staff Acquired by IBM)
IBM is mismanaged and its sole aim is to game the stock market (by faking a lot of things)
Linuxiac May Have Reverted Back to LLM Slop (Updated Same Day)
Is he back off the wagon?
Links 15/01/2026: Internet Blackouts, Jackboots Society in US
Links for the day
 
Slopfarms Push Fake News About Microsoft Shutdown, 30,000+ Microsoft Layoffs Last Year Spun as Only "15,000"
The Web is seriously ill
Countries Take Action Against Social Control Media and 'Smart' 'Phones', Not Slop (Plagiarised Information Synthesis Systems or P.I.S.S.)
None of this is unprecedented except the scale and speed of sharing
Sites That Expose Corruption Under Attack, Journalism Not Tolerated Anymore (the Super-Rich Abuse Their Wealth and Political Power)
Sometimes, albeit not always, the harder people try to hide something, the more effective and important it is for the general public
Links 16/01/2026: Social Control Media Curbs in Australia Underway, MElon Still Profiting by Sexualising Kids 'as a Service'
Links for the day
More People Nowadays Say "GNU/Linux"
We still see many distros and even journalists that say "GNU/Linux"
LLM Slop on the Web is Waning, But Linuxiac Has Become a Slopfarm
I gave Linuxiac a chance to deny this or explain this; Linuxiac did not
More Signs of Financial Troubles at Microsoft, Europe Puts Microsoft Under Investigation
The end of the library is part of the cuts
The "Alicante Mafia" - Part I - An Introduction to the Mafia Governing the EPO
Are some people 'evacuating' themselves to save face?
Pedophilia-Enabling Microsoft Co-founder Cuts Staff
Compensating by sleeping with young girls does not make one younger
Microsoft Shuts Down Campus Library, Resorts to Storytelling About "AI" to Spin the Seriousness of It
Microsoft is in pain
Free Software Foundation (FSF) Back to Advertising the Talks of Richard Stallman
A pleasant surprise
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 15, 2026
IRC logs for Thursday, January 15, 2026
Gemini Links 16/01/2026: House Flood and Pragmatic Retrocomputing Dogfooding
Links for the day
Links 15/01/2026: Starlink Weaponised for Regime Change (by Man Who Boasted About Annexing South American Countries for Tesla's Mining), Corruption in Switzerland Uncovered by JuristGate
Links for the day
GAFAM and IBM Layoffs Outline
a lot of the layoffs happen in secrecy and involve convincing people to resign, retire, relocate etc.
Coming Soon: Impact With EPO Cocainegate
Will Campinos survive 2026?
The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
The Creator of Git Probably Doesn't Know How to Install and Deploy Git
Nobody disputes this: Mr. Torvalds created Git
Slop is a Liability
Slopfarms too will become extinct because people aren't interested in them
GAFAM is a National and International Threat to Everybody
GAFAM is just a tentacle in service of imperialism
EPO People Power - Part XXXVI - In Conclusion and Taking Things Up Another Notch
They often say that the law won't deter or stop criminals because it's hard to enforce laws against people who reject the law
Running Techrights is Fun, Rewarding, and Gratifying
In Geminispace we are already quite dominant
Red Hat is Connected to the Military, Its Chief Comes From Military Family (From Both Sides)
The founder of Red Hat's parent company literally saluted Hitler himself (yes, a Nazi salute)
Don't Cry for Gaslighting Media in a Country Which Loathes the Press
my wife and I received threats for merely writing about Americans
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day
Still Condoning Child Labour and Exploiting Unpaid Children Developers as PR Props (to Raise Monopoly Money)
These people lack morals. So they project.
"Security, AI or Quantum" on "the IBM Titanic"
Who's RMS?
Hours Ago The Register MS Published Microsoft Windows SPAM "Sponsored by Intel." The Fake 'Article' Says "AI" 34 Times.
The Register MS isn't a serious online newspaper
EPO People Power - Part XXXV - Where Else Will Corruption and Substance Abuse be Tolerated?
We need to raise standards
Status and Capital
People who do a lot are too busy to boast about it and wear fancy garments
IBM Paying the Price for Treating Workers Badly and Discarding Real Talent (Because It's "Expensive")
IBM is dead man walking
Turbulence Ahead
I last rebooted my laptop in 2023
Google News Rewards Plagiarism With LLMs (About Linux, Too)
Google is in the slop business now
Links 14/01/2026: Failing Economy and Conquest Abroad as a Distraction From Domestic Woes
Links for the day
Gemini Links 14/01/2026: The Ephemerality of Our Digital Lives and "Summer of Upgrades"
Links for the day
Projection Tactics - Part III: Silencing Inconvenient Voices Online
If X gets banned in the UK, it'll be hard to see what the spouse says in public
Outsourcing on Microsoft's Agenda, Offshoring Also
"In some cases, India hiring is poised to replace certain roles previously based in the U.S."
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same