Bonum Certa Men Certa

Software Patents Through 'Union' in Europe

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!

Recent Techrights' Posts

Michael Catanzaro's Latest Blog Post Affirms Rumours of Red Hat Changes and RAs/PIPs at IBM
reading between the lines, IBM is "spitting out" Red Hat staff
If Linux Was Written in Rust, 80% or More of Linux Developers Would Not Understand It (Same If It's Composed by LLM Slop)
The licence (GPL) is not enough when there are ways to bypass it
Gemini Links 28/08/2026: Absurd Tomodachi Summer, Screen Piggery, and Jugulans 1.0.3 Released
Links for the day
Links 28/08/2026: "UK Power Grid Has a Phantom Data Center Problem" and "Growth at All Costs is Cancer"
Links for the day
SLAPP Censorship - Part 164 Out of 200: Patent Troll SLAPPs, Defamation Trolls, and Stranglers From America
You start to wonder if the core issue is insecurity
Rumours of More PIPs and Layoffs at Confluent Just Months After IBM Bought It
It is meanwhile apparent IBM will have mass layoffs next week (September)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 27, 2026
IRC logs for Thursday, August 27, 2026
After Many Waves of PIPs (Silent Layoffs) IBM Makes Non-Silent Layoffs, Effective Next Week (September)
What we heard is turning out to be true
Gemini Links 27/08/2026: Oklahoma, Tennessee, Haiku OS, Digital Resistance, and Staying Offline
Links for the day
Links 27/08/2026: Facebook to Pay Up to $17.1 Billion to Cover Up Known Harms, Nepal Landslide Kills Many
Links for the day
The Register MS Has Just Published Paid Spam That Says "AI" 19 Times
1.5 hours ago
Mainstream Media is Paid to Link "AI" Criticism/Boosting to Jeffrey Epstein Enablers, in Effect Showing How Corrupt This Media Became
Many readers will have noticed what was a paid-for PR campaign of a global scale
RSS is King: Why Having Subscribers or Followers in Sites You Neither Own Nor Control is Loss of Autonomy and Search is Mostly Slop (Plagiarising Sites, Not Linking to Them)
Because digital connections in third parties aren't assets; they endow another party with tremendous power over people (e.g. MElon getting to decide who can and cannot reach people or what messages to "dim down")
Claims of Tens of Thousands of 'Silent Layoffs' at IBM (and Red Hat)
Looking at recent activity in thelayoff.com, about 80% of the comments and posts are about PIPs
Links 27/08/2026: "Flock’s CEO Is Lying to Cops" and Microsoft's GitHub Actions Breaks Down Again (Too Many Layoffs, Loss of Knowledge)
Links for the day
Clownflare Sees GNU/Linux and ChromeOS at Over 13% in Bahamas
Narrowing down to desktops and laptops, and judging by Web requests that go through Clownflare, many people there use GNU/Linux or Google's 'bastardised' version of it (with spyware preloaded)
Richard Stallman Complains That Linux Gives a Bad Name to GNU and Asks for Feedback on What's Wrong with Systemd (and Wayland)
Maybe some people want to send him a detailed, polite explanation
GNU/Linux Does Not Need Social Control Media to Succeed
When it comes to Social Control Media, Richard Stallman was right
Increasing Focus on Patent Injustices
We'll soon cover the EPO a lot more
SLAPP Censorship - Part 163 Out of 200: Attack on Computer Science and on Computer Security (or Associating Back Doors and Kill Switches With "Security")
Nowadays there are many who pretend to be security professionals
There's No "Next XBox"
Nothing comes ahead except layoffs and price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 26, 2026
IRC logs for Wednesday, August 26, 2026
Gemini Links 27/08/2026: Conditioning, Lagrange 1.21, and Computer Games
Links for the day
Links 26/08/2026: Patent Troll InterDigital Utilises Software Patents in Unconstitutional Court, "WikiHow Launches Copyright Infringement Suit Against" LLM Plagiarism
Links for the day
The Register MS Has New Fake Article ("SPONSORED FEATURE") With "AI" 21 Times In It
The Register MS is one among many culprits
Gemini Links 26/08/2026: “Doomsday Clock”, Rwanda Genocide, and Boasting About Using LLMs Instead of Writing Code (Due to Employer's Pressure)
Links for the day
No Allure in Omarchy, the Political Hyenas Only Give it More Free Publicity
To me, Omarchy seems like a weak project because of the slop (an HR problem)
Twitter is Not an API or a Communication Site, It's a Really Bad Site That Forces You to be Enslaved by Its Algorithm (Amplifying Its Owner's Worldviews)
the crackdown on Nitter means we should all avoid accessing or linking to x.com (Twitter)
Don't Let Bastards and Haters Grind You Down
They say "jealousy is the sincerest form of flattery"
GNU/Linux Rose in Caribbean Islands
combined population is measured at 44,182,048
IBM's Quantum Computing Lies Explained Again by Sabine Hossenfelder
To become a CEO at IBM one must lie
Controlling Culture and Social Behaviour by Digital Locks
if you don't fully control the technology in your possession, then you're not using that technology, this technology covertly uses you
Goodbye, Dolly
This week we say "goodbye, Dolly."
Links 26/08/2026: Election Bribery (aka Vote-Buying) Deemed "OK" in the US, "Nitter is Shutting Down After a Cease and Desist Letter" by MElon
Links for the day
Analogue So Much Better and Faster
From what we can gather, the tram ticketing system does not use Windows; we never saw it crashing or rebooting (or showing some Windows logo) in decades, so we assume it runs some kind of Linux
Linux Today Dumped All Social Control Media Last December
Linux Today seems to have concluded that all Social Control Media is just a waste of time
Don't Say X.com is OK Because People Can Access It by Alternative Means
Can Mozilla please clarify who inside Mozilla greenlit a return to X.com?
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day