12.02.12

December 11th an Opportunity for Politicians to Legitimise Software Patents in Europe

Posted in Europe, Patents at 7:22 am by Dr. Roy Schestowitz

Summary: A call to arms against software parents in the EU (through the Unitary Patent)

The most vocal activist against the Unitary Patent writes: “Power to the Parliament – No Software Patent! Campaign to save EU from Unitary Patent and software patents” (linking to this page about the “Unitary Patent Plenary December 2012″).

André Rebentisch from FFII, among other FFII members, supports this motion. As a recap, “[t]he European Parliament is about to vote for a regulation on the unitary patent, during its plenary session, on December 11th, 2012.” We wrote about this at the end of November. █

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.

Permalink Mail Send this to a friend

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

2 Comments

Agonarch said,

December 2, 2012 at 8:32 am

Actually, I tried the code out like you did but apparently I didn’t succeed. Unfortunately my failed WP experiment got published. It is a call I relay from French organisation APRIL:

The purported goal to have a single patent covering the whole Union may
be praiseworthy. But this regulation, up to its very title, is actually
very deceiving. Indeed, its content leaves the European Union (EU) aside
in many aspects, leading to a fragmented patent system, which will be
untamable by the democratic bodies of the EU. Instead the “patent
microcosm” will gain amazing powers, while its governance has been
highly criticised, specially with regard to its practice of granting
software patents, against the letter and the spirit of European patent law.

You can change this fate by calling Members of the European Parliament
(MEPs), urging them to table, before December 5th at noon, two
compromise amendments.

It’s not about Software Patenting but an 80 yro struggle to get a unified patent system in Europe. Unfortunately the Unitary Patent is not within the EU framework and dispowers the European Parliament. A prior compromise with essential articles between the Parliament and the Council of Ministers was overturned by the heads of state. I think April are right to ask the Parliament to table their two amendments, now that all red lines are crossed:
http://call.unitary-patent.eu/campaign/call2/unitary-patent-plenary-12-2012?setlang=en

Dr. Roy Schestowitz Reply:
December 2nd, 2012 at 9:07 am
The unitary patent looks to me like another step towards the global patent system, which together with Japan and the US can spread software patents through so-called trade agreements/treaties.

http://techrights.org/2011/09/13/nafta-approach-and-swpats/
http://techrights.org/2011/09/17/letters-from-japan/
http://techrights.org/2011/10/01/upls-in-eu-council/

What Else is New

Links 24/3/2019: Microsoft Does Not Change; Lots of FOSS Leftovers

Links for the day
Just Published: Irrational Ignorance at the Patent Office

Iancu and his fellow Trump-appointed "swamp" at the USPTO are urged to consult academics rather than law firms in order to improve patent quality in the United States
Microsoft Paid the Open Source Initiative. Now (a Year Later) Microsoft is in the Board of the Open Source Initiative.

The progression of Microsoft entryism in FOSS-centric institutions (while buying key "assets" such as GitHub) isn't indicative of FOSS "winning" but of FOSS being infiltrated (to be undermined)
Jim Zemlin's Linux Foundation Still Does Not Care About Linux Desktops

We are saddened to see that the largest body associated with Linux (the kernel and more) is not really eager to see GNU/Linux success; it's mostly concerned about its bottom line (about $100,000,000 per annum)
Links 23/3/2019: Falkon 3.1.0 and Tails 3.13.1

Links for the day
The Unified Patent Court is Dead, But Doubts Remain Over the EPO's Appeal Boards' Ability to Rule Independently Against Patents on Nature and Code

Patents used to cover physical inventions (such as engines); nowadays this just isn't the case anymore and judges who can clarify these questions lack the freedom to think outside the box (and disobey patent maximalists' dogma)
Patent Law Firms Still Desperate to Find New Ways to Resurrect Dead Software Patents in the United States

There's no rebound and no profound changes that favour software patents; in fact, judging by caselaw, there's nothing even remotely like that
Links 22/3/2019: Libinput 1.13 RC2 and Facebook's Latest Security Scandal

Links for the day
Why the UK Intellectual Property Office (UK-IPO) Cannot Ignore Judges, Whereas the EPO Can (and Does)

The European Patent Convention (EPC) ceased to matter, judges' interpretation of it no longer matters either; the EPO exploits this to grant hundreds of thousands of dodgy software patents, then trumpet "growth"
The European Patent Office Needs to Put Lives Before Profits

Patents that pertain to health have always posed an ethical dilemma; the EPO apparently tackled this dilemma by altogether ignoring the rights and needs of patients (in favour of large corporations that benefit financially from poor people's mortality)
“Criminal Organisation”

Brazil's ex-President, Temer, is arrested (like other former presidents of Brazil); will the EPO's ex-President Battistelli ever be arrested (now that he lacks diplomatic immunity and hides at CEIPI)?
Links 21/3/2019: Wayland 1.17.0, Samba 4.10.0, OpenShot 2.4.4 and Zorin Beta

Links for the day
Team UPC (Unitary Patent) is a Headless Chicken

Team UPC's propaganda about the Unified Patent Court (UPC) has become so ridiculous that the pertinent firms do not wish to be identified
António Campinos Makes Up Claims About Patent Quality, Only to be Rebutted by Examiners, Union (Anyone But the 'Puff Pieces' Industry)

Battistelli's propagandistic style and self-serving 'studies' carry on; the notion of patent quality has been totally discarded and is nowadays lied about as facts get 'manufactured', then disseminated internally and externally
Links 20/3/2019: Google Announces ‘Stadia’, Tails 3.13

Links for the day
CEN and CENELEC Agreement With the EPO Shows That It's Definitely the European Commission's 'Department'

With headlines such as “EPO to collaborate on raising SEP awareness” it is clear to see that the Office lacks impartiality and the European Commission cannot pretend that the EPO is “dafür bin ich nicht zuständig” or “da kenne ich mich nicht aus”
Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?
Team UPC Buries Its Credibility Deeper in the Grave

The three Frenchmen at the top do not mention the UPC anymore; but those who promote it for a living (because they gambled on leveraging it for litigation galore) aren't giving up and in the process they perpetuate falsehoods
The EPO Has Sadly Taken a Side and It's the Patent Trolls' Side

Abandoning the whole rationale behind patents, the Office now led for almost a year by António Campinos prioritises neither science nor technology; it's all about granting as many patents (European monopolies) as possible for legal activity (applications, litigation and so on)
Where the USPTO Stands on the Subject of Abstract Software Patents

Not much is changing as we approach Easter and software patents are still fool's gold in the United States, no matter if they get granted or not
Links 19/3/2019: Jetson/JetBot, Linux 5.0.3, Kodi Foundation Joins The Linux Foundation, and Firefox 66

Links for the day
Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

Links for the day
Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network
Director Iancu Generally Viewed as a Lapdog of Patent Trolls

As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)
Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

Links for the day
To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany
Links 16/3/2019: Knoppix Release and SUSE Independence

Links for the day
Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)
The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised
Links 15/3/2019: Linux 5.0.2, Sublime Text 3.2

Links for the day