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

11.21.12

Software Patents Through ‘Union’ in Europe

Posted in Europe, Patents at 3:16 pm by Dr. Roy Schestowitz

Preparing for the worst here in the UK…

UK map

Summary: Using deceiving terms such as “unitary” the patents cartel and lobby put the foundations for monopoly on software everywhere in Europe, essentially such that it is going global

WIRED has run a series of articles about software patents. The problem is, the authors list is stuffed with law professors, this time Arti Rai. There is hardly ever any or enough representation for software professionals, as we last showed two days ago when European bureaucrats dealt with the subject of software patents (or unitary patent) in Europe. The activists from unitary-patent.eu, software professionals themselves, created widgets to encourage contacting politicians:

Glyn Moody thinks this is going the wrong way. He dented and tweeted:

Future perfect? The JURI is out, and Europe waits … – http://bit.ly/10gp8BG looks like the #unitarypatent trick is going through #swpats

Here is what the lawyers in London (pro-software patents) wrote in their preliminary analysis:

Tonight [1900 to 2100 in Strasbourg, which works out at 1800 to 2000 GMT] following a special meeting of the JURI Committee of the European Parliament in Strasbourg, Commissioner Barnier is expected to announce a major breakthrough in the long-running saga of the creation of a Unitary European Patent and Unified Patent Court [on both of which this blog weblog has carried countless posts, mainly thanks to the efforts of Annsley]. The announcement will herald agreement between Council and the European Parliament leading to the adoption of new legislation to create the new system by April 2014.

The public ought to make a big mess like when ACTA was being pushed through the system. Glyn Moody saw a follow-up post and wrote: “if true, this will be a disaster of epic proportions…”

Here is what the follow-up says:

If the rumours are true it could mean that, for European Union-based holders of patents, the place of domicile determines applicable national law while for non-EU patentees, in contrast, German national law would apply. If the UPC found itself obliged to apply different national laws in the case of unitary patents — even though that application would be with uniform effect — it appears that litigation might produce quite different results, depending on the domicile of the patentee. This in turn suggest that the product of the past few years’ mammoth effort to produce unitary effect for patents would actually be, er, divergence.

The rumoured final texts thus seems to introduce a new level of complexity and fragmentation which those of us who dreamed of a single patent having single effect across a single market had never previously envisaged. Indeed, the potential for divergent jurisprudence may even be greater than would have been the case if the interference by the Court of Justice of the European Union (CJEU) — which the compromise language was seeking to remedy — had been allowed to occur in the first place.

But what about that curious new wording which seeks to avoid using the word “infringement”? Might it mean that UK national law would apply to both infringement and validity of a unitary patent owned by a British-based company such as BT or GSK, Dutch law for Philips’ unitary patents, Swedish law for Ericsson’s, Finnish law for Nokia’s and — for all non-EU companies — German national law?

Over at IDG, Loek Essers finally gives attention to this serious escalation of circumstances. To quote:

The European Parliament’s legal affairs committee welcomed a new proposal in order to create an E.U.-wide patent system during a Monday night meeting in Strasbourg. A majority voted in favor of a compromise that finally creates “an E.U. patent, after over 30 years of attempts, to support E.U. innovation and growth,” the European Parliament said in a news release on Tuesday.

The new compromise text now respects the European Court of Justice’s power to ensure consistent application of E.U. legislation, seems to be compatible with E.U. law and upholds the Parliament’s rights to be involved if there are changes in the patent rules, said Bernard Rapkay, the member of the committee of legal affairs who is responsible for the draft legislation.

They are finding new loopholes by which to help foreign large corporations for the most part. Bad news for all European software developers, irrespective of their development paradigm. Inform peers and family, fight back before it’s too late!

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

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 25/10/2020: GNU Taler's IETF Milestone, RISC OS 5.28 and New Ubuntu Community Council

    Links for the day



  2. IRC Proceedings: Saturday, October 24, 2020

    IRC logs for Saturday, October 24, 2020



  3. Links 24/10/2020: GDB 10.1, Kodachi 7.4, Wine 5.20

    Links for the day



  4. Celebrating Code of Conduct Violations

    Reprinted with permission from Daniel Pocock



  5. The Militarised Elephant in the Room Still Commands a Lot of Free Software Development

    We take a difficult (albeit in-depth and perfectly factual) look at IBM's past and present; considering this is the company that controls Red Hat (which in turn controls many key projects in GNU/Linux) we need a better understanding of the real context, not PR fluff and marketing



  6. Juve Patent's Love of Patent Trolls and Their Misinformation

    The press 'gutter' known as Juve (basically propaganda disguised as 'news' since years ago) has gotten to the point where the publisher is just an extension of lawyers and liars



  7. IRC Proceedings: Friday, October 23, 2020

    IRC logs for Friday, October 23, 2020



  8. Look How Many Tux I Give!

    "Long live rms, long live (Hyperbola) GNU/BSD, and happy hacking."



  9. Embrace, Extend, and Extensions: Two New Reasons to Delete GitHub, Which Microsoft Ruined for Everyone (Except the Copyright Cartel and Other Censors)

    GitHub is being turned into a garbage dump with malicious masters (or monsters, or mobsters); many people are denied access for using the 'wrong' browser and developers/projects are being censored (not for doing anything wrong or illegal, either)



  10. [Meme] When EPO Staff Claims to be 'Ill' or 'Sick'... During a Pandemic's European Peak

    Gotta check and verify that those 'lazy' EPO examiners aren't just faking being ill (in order to not meet "production" targets)



  11. The EPO Has Relegated or Lowered Itself to Extremely Poor Standards

    Today's EPO continues to reaffirm the image of global weakness; having failed to improve the working conditions and quality of the work (its actions did the exact opposite), it's nowadays begging China to send over lots of workload irrespective of quality or merit and it is outsourcing the functions of the Office to the United States



  12. Links 23/10/2020: Turing Pi 2, GNU Parallel 20201022

    Links for the day



  13. IRC Proceedings: Thursday, October 22, 2020

    IRC logs for Thursday, October 22, 2020



  14. Links 23/10/2020: 'Groovy Gorilla' Everywhere in the News

    Links for the day



  15. For Better 'Tech Rights' in the United States (and the World at Large) the 'Orange Man' Needs to Go

    With less than a fortnight before election day we explain our stance from a purely tech-related rationale



  16. [Meme] Microsoft Never 'Brought' Skype to GNU/Linux (It Just Bought Skype) and It Never 'Brought' Edge to GNU/Linux Either (Google Did)

    Foolish media or gullible 'journalists' are giving Microsoft credit for other people's work; this isn't the first time either, but it helps perpetuate lies such as "Microsoft loves Linux" (so who cares about facts anyway?)



  17. It's Going to be a Long, Long Winter

    Today we revert back to lock-down mode; we're reflecting and pondering what comes next



  18. TechRadar is an Irresponsible Clickbait and Misinformation Site Disguised as 'News'

    TechRadar is no tech and no radar, either. It's just an opportunistic click-harvesting machine, disguised as a source of "news"; today we deal with the latest example (among many).



  19. Links 22/10/2020: LibreOffice 6.4.7, Septor 2020.5, Ubuntu 20.10 Released, FreeBSD Quarterly Status Report

    Links for the day



  20. IRC Proceedings: Wednesday, October 21, 2020

    IRC logs for Wednesday, October 21, 2020



  21. Living Humbly (With Older Technology or None) is More Compatible With Privacy- and Freedom-Respecting Technological Lifestyle

    Simplicity sometimes trumps so-called 'novelty', especially when it comes to human rights and users' freedom



  22. Reasons Why You (and Everybody Else) Should Join the Fight for Software Freedom

    Society is being closely watched and controlled (more so during/after the latest pandemic) and people must carefully consider the true importance of resisting proprietary technology (controlled remotely by state actors)



  23. Ways and Means to Reduce One's Dependency on Google's Various Monopolies and Near-Monopolies

    Getting rid of Google means a lot more than embracing DumbDumbGo (DDG) or some other sites that spy just like Google; we're taking stock of some options



  24. The European Commission is Still M.I.A. Regarding EPO Corruption (and the EPO's Management Plays Dirty, as Always)

    There's no change in the EU; the EUIPO and EPO enjoy complete and total immunity/impunity, with the Commission being manned by those who are deeply complicit



  25. 10 Reasons Why All This 'Edge for Linux' Coverage is a Total Farce

    The fake hype surrounding "Edge" is an inauthentic hype/buzz campaign made to coincide with anti-Google sentiments spread by Microsoft front/pressure groups



  26. Microsoft's IIS Has Collapsed Again This Past Month (and IIS Will Not and Cannot Survive This Way)

    Netcraft shows that Microsoft's decline further accelerates in the Web servers space; IIS is becoming financially unviable



  27. Links 21/10/2020: Alpine 3.12.1, Tor Browser 10.0.2

    Links for the day



  28. [Meme] US Department of Justice Should Have Taken on Microsoft Again, Not Google

    When lobbying, connections and political sway determine the actions of the American government it's hardly surprising that Bill Gates gets the Trump administration to fight for him (to make him even richer)



  29. [Meme] Banning Words, Gaslighting Volunteers

    What happens when institutions are themselves in violation of a CoC (institutional violation) and massive corporations that fund such institutional violations are defending demonisation of the individual (squashing ‘uncomfortable’ voices, even volunteers’)



  30. IRC Proceedings: Tuesday, October 20, 2020

    IRC logs for Tuesday, October 20, 2020


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