EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

04.17.12

Microsoft’s Love/Hate Relationship With Germany

Posted in Microsoft, Patents at 6:08 pm by Dr. Roy Schestowitz

Germany's flag

Summary: A collection of patent news involving Microsoft, Motorola, Germany, and also New Zealand

THE EXTORTION racket of Microsoft is being glamourised in a pro-patents site, which agreed to give a platform to Microsoft’s extortions guy Horacio Gutierrez. A German patent lawyer is meanwhile doing what he can to promote software patents in Europe, ignoring all common sense and how the world really works. In a 2007 paper titled “Ignoring Patents” we see quite clearly that patents are not honoured by anyone, not when it comes to other companies’ patents. The EPO uses Siemens for some PR, as usual (Siemens is one of the patent fiends in Europe).

In a patent lawyers’ site, it is revealed that Sweden too makes moves that constitute a threat to a status quo of no software patents. Will a central court be set up in Germany as some officials hope? In Germany there’s some precedence for software patents, probably the strongest one in Europe. To quote patents boosters:

The AmeriKat was again struck by how little we know regarding the negotiation process and the UK Government’s position. Although one cannot expect to know every detail of the substance of the Member States’ negotiations on the unitary patent package the radio silence as to the progress, where they are taking place, who with and/or deadlines is somewhat disconcerting. The only signs of life on this issue seem to have come from the House of Commons and the European patent profession, including signs of disquiet in Sweden by way of a letter sent to the Confederation of Swedish Industries to their Ministry of Trade on 17 February (here) which stated that they and the Swedish negotiating team wished for Articles 6 to 8 to be deleted from the Proposed Regulation. In addition, and somewhat ironically given last year’s push to finalize the unitary patent proposals under the Polish Presidency, there are reports that sections of the patent profession in Poland are also unhappy with the proposals (see report here).

As we will show in the next post, Microsoft too plays a role in promoting software patents in Europe while fearing the status quo of Germany being unfriendly to such patents (compared to the US). As Glyn Moody explains:

It’s striking that Microsoft isn’t such a big fan of patent courts — especially efficient ones that produce their judgments rapidly — when it is on the receiving end of patent lawsuits, rather than the one making the threats.

It’s also pretty rich that Microsoft should complain about the possibility of an injunction being granted against it by another jurisdiction when that is precisely what it is trying to do by filing an action against Motorola in the International Trade Commission as well as in a US District Court. If Microsoft says German courts shouldn’t get involved in its dispute with Motorola, it’s equally ridiculous that an international trade body should be dragged into a domestic dispute between two US companies, as Techdirt has noted before.

Basically, Microsoft is just whining because it thinks it’s going to lose in Germany, and has gone running to the US judge in an attempt to subvert that country’s judicial system. It’s a huge pity that he acceded to this ridiculous request: it creates a terrible precedent that’s likely to lead to more such interference in the legal systems of other countries — including foreign courts ordering companies not to obey US rulings — and a general weakening of respect for the rule of law around the world.

Microsoft is also sending some paid lobbyists from Germany — ones who lie about their intentions (business model). Moody will be mentioned also in the next post and a few days ago he drew attention to an article from New Zealand (NZ). Written by Stephen Bell (as usual), the article shows how American lobbyists interfere with NZ’s decision to ban software patents:

NZRise president Don Christie says he is disappointed with delays to the passing of the Patents Bill and questions some of the explanation given by Commerce Minister Craig Foss.

“We keep hearing that this Bill is important for the knowledge economy,” Christie said. “What the minister is saying now is different from what his predecessor, Simon Power was telling us; he was writing letters [to NZRise] last year, telling us the government was pushing the Bill through.”

Despite having been in the Parliamentary process since 2008, the Patents Bill still languishes well down in the Order Paper (No 47 as at Monday April 2), and is awaiting Parliament’s consideration of the Commerce select committee’s report, followed by the Bill’s second reading.

The committee’s report contained a contentious clause barring patents on software. Though there has been some attempt at qualifying this to admit patents on software-controlled machinery and the like, the core clause states “a computer program is not a patentable invention.”

Not only Microsoft is behind it; Intel too is among the multinationals that seek to harm NZ.

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 23/8/2016: GNOME 3.22 Beta, Android 7.0 Nougat

    Links for the day



  2. The Linux Foundation Gives Microsoft (Paid-for) Keynote Position While Microsoft Extorts (With Patents) Lenovo and Motorola Over Linux Use

    This morning's reminder that Nadella is just another Ballmer (with a different face); Motorola and Lenovo surrender to Microsoft's patent demands and will soon put Microsoft spyware/malware on their Linux-powered products to avert costly legal battles



  3. Not Just President Battistelli: EPO Vice-Presidents Are Still Intentionally Misrepresenting EPO Staff

    Evidence serving to show that EPO Vice-Presidents are still intentionally misrepresenting EPO staff representatives and misleading everyone in order to defend Battistelli



  4. Battistelli the Liar Causes a Climate of Confrontation in French Politics, Lies About Patent Quality (Among Many Other Things)

    Battistelli's lies are coming under increased scrutiny inside and outside the European Patent Office (EPO), where patent quality has been abandoned in order to artificially elevate figures



  5. The Collapse of Software Patents and Patent Law Firms Trying to “Overcome” Alice

    The United States continues its gradual crackdown on software patents (which are viewed as abstract and thus unpatentable), whereas in Europe things are murkier than ever



  6. Apple's Patent Wars Against Android/Linux Make Patent Trolls Stronger

    Apple's insistence that designs should be patentable could prove to be collectively expensive, as patent trolls would then use a possible SCOTUS nod to launch litigation campaigns



  7. Links 22/8/2016: Linux 4.8 RC3, Linux Mint 18 “Sarah” KDE Beta

    Links for the day



  8. Links 21/8/2016: Apple and Microsoft Down, Systemd Spreading to Mount

    Links for the day



  9. Links 20/8/2016: Android Domination, FSFE summit 2016

    Links for the day



  10. Patents Roundup: Trolls Dominate Litigation, PTAB Crushes Patents, Patent Box Regime Persists, and OIN Explains Itself

    Another roundup of patent news from around the Web with special focus on software patenting



  11. The Cost/Toll of the 'New' EPO and Where All That Money Goes or Comes From

    The European Patent Office has become a servant of the rich and powerful (including large foreign corporations) and even its own employees now pay the price associated with misguided new policies (or 'reforms' as Battistelli habitually refers to these)



  12. Links 19/8/2016: Linux Mint With KDE, Linux Foundation's PNDA

    Links for the day



  13. The End of an Era at the USPTO as Battistelli-Like (EPO) Granting Policies Are Over

    The United States is seeing the potency of patents -- especially software patents (which make up much of the country's troll cases) -- challenged by courts and by the Patent Trial and Appeal Board (PTAB)



  14. Battistelli's European Patent Office Goes to the United States to Speak About the UPC and Software Patents

    The European Patent Office is showing its utter contempt -- not just disregard -- for the very fundamental rules that put it in its place and brought it into existence



  15. Turkey Subjected to the European Patent Convention (EPC) But Benoît Battistelli is Not?

    The ‘constitutional crisis’ at the European Patent Office in the context of Turkey, which has signed "the EPC and as such recognises the competence and the decisions of the institutions which have been introduced in the convention."



  16. Links 18/8/2016: EFF Slams Vista 10, Linux Foundation Makes PNDA

    Links for the day



  17. Links 17/8/2016: GNOME and Debian Anniversaries

    Links for the day



  18. Personal Audio LLC and Patent Troll Jim Logan Demonstrate the Harms of Software Patents and Why They Must Never Spread to Europe

    Jim Logan of Personal Audio (a notorious Texas-based patent troll) is still fighting with his bogus patent, having already caused enormous damage with a single software patent that should never have been granted in the first place (due to prior art, not just Alice)



  19. The Patent Microcosm Hopes That the Originators of Software Patents Will Undermine the Patent Trial and Appeal Board

    Now that the actions of the Patent Trial and Appeal Board (PTAB), which have been consistently upheld by the CAFC in precedential decisions, are suddenly being questioned the patent microcosm gets all giddy and tries to undermine PTAB (again)



  20. That Time When the Administrative Council Helped Battistelli Crush Oversight (Audit Committee) and What ILO Said About It a Month Ago

    Things are becoming ever more troublesome at the EPO as the Administrative Council enjoys inaction from the International Labour Organization (ILO), in spite of its role in destroying much-needed oversight at the behest of Battistelli



  21. The EPO's Administrative Council Keeps Postponing Debate About Grounds for Firing the President

    A recollection of events prior to the latest Administrative Council meeting, where Benoît Battistelli's failings and accountability for failing to correct them never even came up



  22. A Surge of Staff Complaints About the European Patent Office Drowns the System, Disservice to Justice Noted

    Self-explanatory graphs about the state of the justice [sic] system which is prejudiced towards/against EPO workers, based on internal reports



  23. Links 16/8/2016: White House Urged by EFF on FOSS, Go 1.7 Released

    Links for the day



  24. Links 15/8/2016: Linux 4.8 RC2, Glimpses at OpenMandriva Lx 3.0

    Links for the day



  25. Clawing Back the Staff Benefits at the European Patent Office (EPO)

    Staff of the EPO is leaving (or retiring) in droves as abusive management continues to be the norm and staff benefits are being taken away or gradually revoked



  26. The Patent Microcosm is Panicking and Spinning Alice/§ 101 Because US Software Patents Are Still Dying

    A look at recent developments in the software patents scene in the United States, with increased focus on (or fear of) the Patent Trial and Appeal Board



  27. 21,000 Posts in Techrights in Less Than a Decade

    This post is the 21,000th post and the next one will make it more than twenty-one thousand posts in total. We are turning 10 in November.



  28. Patent Microcosm Shuts Out the Poor: Unified Patent Court (UPC) Promotion by Practising Law Institute (PLI) Only for the Wealthy

    The people who are profiting from patent feuds, disputes, lawsuits etc. are still trying to muscle their will into European law and they keep the general public out of it by locking down (or pricing out of reach) their meetings where they influence/lobby decision-making officials



  29. The United States Has a Growing Patent Trolls Epidemic as Very High Proportion of Lawsuits Filed by Them

    A look at the high proportion of patent lawsuits that are filed by entities that make nothing at all and thus serve no role whatsoever in innovation



  30. Pushers of Software Patents Outside the United States (Which is Belatedly Squashing These Patents)

    How patent law firms are distorting the debate about software patents in hope of attracting business from gullible people who misunderstand the harsh (and worsening) reality of software patenting


CoPilotCo

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

CoPilotCo

Recent Posts