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

12.11.12

‘Unitary Patent’ Helps Microsoft Extend Linux/Android Patent Extortion to Europe

Posted in Europe, Patents at 8:32 pm by Dr. Roy Schestowitz

Spain co-opted by Eurocrats

Flags of EU and Spain

Summary: A company that spreads (in the distribution sense) Linux in Germany and the UK agrees to pay Microsoft for unnamed patents just as the European Parliament opens a potential door to software patents in Europe

HERE WE GO again. Patents that have no validity in Europe, at least based on the unclear rules (as such), are being used to harm Linux/Android and Microsoft is behind it, as usual. For those who are new to this site, in 2009 we showed how Microsoft extorted TomTom, a Dutch company, after a nearby German court had validated software patents on FAT. Microsoft has been pushing hard for software patents in Europe, more often not using proxies like ACT, which pushed hard for the predecessors of the Unitary Patent. Now that we see patent terrorists like Horacio Gutierrez in the news we are reminded of the great dangers of enabling software patents in Europe.

In recent years, Microsoft managed to find companies which willingly paid extortion money for ‘protection’, mostly in Japan and the US (or neighbouring countries) where software patents have more legitimacy. Today in the news we see this in action in Europe. The racket is expanding. As a reminder of news we covered earlier, Eurocrats let the passage for software patents be, as covered in the European Union’s Web site:

EU inventors will soon be able to get a unitary patent at last. After over 30 years of talks, a new regime will cut the cost of an EU patent by up to 80%, making it more competitive vis-à-vis the US and Japan. MEPs cut costs for small firms and tailored the regime to their needs, in a compromise deal with the Council endorsed by Parliament on Tuesday,

The BBC has just covered it as follows, not mentioning the opposition from Italy and Spain quite clearly, instead saying:

Italy and Spain suggest that as a result “commercial trade in innovative products will be favoured for undertakings which work in German, English or French”.

But a senior adviser to the European Court of Justice has advised that it reject their plea. A panel of judges has still to consider the case.

Software patents

Eurochambres – an organisation that represents EU countries’ chambers of commerce – called the vote in favour of the scheme a “breakthrough”.

“[It] will significantly reduce administrative burdens and boost European innovation,” it said in a statement.

However, April – a French free software-advocacy group – has warned the move could open the door to software-patent litigation on a scale recently seen in the US.

It says the European Patent Office (EPO) has shown itself willing to grant thousands of software patents – and worries the EU could end up with a system in which appeals against such judgements are decided according to the EPO’s own rules.

“MEPs voted in favour of a legally uncertain system that does not not provide any checks and balances against threats to innovation such as software patents,” said spokeswoman Jeanne Tadeusz.

“The European Patent Office will gain amazing powers, even though its governance has been highly criticised, especially with regard to its practice of granting software patents, against the letter and the spirit of European patent law.”

On the very same day we find this report about a European company paying Microsoft for unnamed software patents, too. To quote:

Microsoft has reached more patent licensing agreements with Android device manufacturers, closing a deal with Hoeft & Wessel, an IT and engineering technology group that specializes in ticketing, parking and mobile solutions in Germany and UK, and Cat brand owner EINS.

As usual, the exact terms of the agreements were not disclosed, but it provides Hoeft & Wessel and EINS with ‘broad coverage’ under Microsoft’s patent portfolio for the companies’ devices running the Android platform.

More specifically, Hoeft & Wessel builds and sells Android-powered handheld devices and terminals for the public transportation, logistics and retail industries across Europe, and will henceforth have to pay Microsoft royalties for the privilege. As will EINS, which manufactures Android tablets under the Cat brand in Germany.

Hoeft & Wessel and EINS have been added to our list of companies to avoid for their participation in the Microsoft racket. Novell was the first such company, which is also the company that helped legitimise and kick off the practice.

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 22/12/2014: GNU/Linux at Sky News, Another Tizen Camera

    Links for the day



  2. IRC Proceedings: November 30th, 2014 – December 20th, 2014

    Many IRC logs



  3. Links 21/12/2014: China and Linux, GNOME Shell 3.15.3

    Links for the day



  4. The New Age of Games for UNIX/Linux But Not for Windows, Microsoft is Openwashing Windows-Only Games

    The world is moving to GNU- and Linux-powered platforms, so Microsoft withdraws GNU/Linux support from games it buys and starts openwashing its Windows-only games



  5. Microsoft Essentially Sends Malware to Windows and Bricks It

    Microsoft is once again bricking Vista 7, demonstrating lack of reliability or very low quality programming



  6. Microsoft Lays Off Staff, Cheapens Labour as More Companies Are Dumping Microsoft's Lock-in, NSA-Friendly Services, and Windows

    A look at some of Microsoft's latest woes, including an appeal for cheaper labour amid decrease in business



  7. Links 19/12/2014: Robolinux 7.7.1 LXDE, Red Hat Thriving

    Links for the day



  8. Another Microsoft Partner Markets Linux FUD Using Logo, Name, and Lies

    Microsoft's partner Alert Logic is trying to label a feature of Linux a security flaw and even makes marketing buzz for it



  9. Redmonk is Spreading Black Duck's Anti-GPL Talking Points After Payments From Black Duck, Microsoft

    CBS' ZDNet spreads the GNU-hostile narrative which comes from Redmonk, funded by Microsoft and Black Duck, citing Black Duck, which also comes from Microsoft and is a partner of Microsoft



  10. 'Good' Software Patents From EA Show Cases Where DRM is a Patent Infringement

    Where two evils collide the public benefits, or how some software patents discourage the use of DRM



  11. Richard Stallman: What Does It Mean for Your Computer to Be Loyal?

    New article from Richard Stallman



  12. Links 18/12/2014: LinuxQuestions.org Polls, Fedora for POWER

    Links for the day



  13. Links 16/12/2014: Google and ODF, Civilization: Beyond Earth Comes to GNU/Linux

    Links for the day



  14. Bill Gates' Pet Troll Intellectual Ventures is Collapsing as Founder Quits

    Intellectual Ventures founder leaves after an exceptionally large round of layoffs, despite [cref 77299 recent subsidies from Sony and Microsoft]



  15. Keeping Software Patents Out of Europe Following the Demise of Software Patents in the US

    Instability in the EPO seemingly prevents further expansion of patent scope, which is the subject of scrutiny of EPO staff



  16. Links 15/12/2014: OSI 2014 Annual Report, GPLv2 Court Test

    Links for the day



  17. Links 14/12/2014: Calligra 2.9 Beta, Krita 2.9 Beta

    Links for the day



  18. Software Patents Are Dying in the US, But Patent Lawyers Refuse to Admit It

    Patent lawyers continue to distort the reality of software patents' demise in the United States



  19. Links 13/12/2014: Android Wear “Lollipop”, European Commission and FOSS

    Links for the day



  20. Time to Take Microsoft Out of British Aviation Before Planes Crash Into Buildings

    London's mighty Heathrow Airport among those affected by a Microsoft-reliant air traffic control system which is not being able to properly recover from an outage, and not for the first time either



  21. News From France and Germany: Battistelli Under Fire, But Not Fired Yet, Just Firing His Opposition

    The régime headed by Benoît Battistelli and his criminal deputy continues to overthrow or pressure out everyone who is not 'loyal' to the régime



  22. Links 12/12/2014: Linux++, KDE Frameworks 5.5.0, Calligra 2.8.7

    Links for the day



  23. The USPTO is Broken: New Evidence Presented

    The scope of patents, as evidenced by some statistical figures and individual patents, shows that the USPTO is broken and must be reformed or dismantled



  24. US Patent Reform (on Trolls Only) More or Less Buried or Ineffective

    An update on efforts to reform the patent system in the United States, including the possibly imminent appointment of Michelle Lee to USPTO leadership role



  25. Software Patents in Canada Not Dead Yet

    Canada's patent status quo increasingly like that of the United States and Canadian giants like BlackBerry now pose a threat to software developers



  26. Dreaming of a Just Christmas: When a Third of EPO Walks Out to Revolt and European Judges Attack the EPO Over Abuses

    Information about the abuses of Battistelli et al. at the EPO are finally receiving wider coverage and increasing the strain on Battistelli's authoritarian reign



  27. Links 11/12/2014: Red Hat Enterprise Linux 7.1 Beta, Firefox 35 Plans

    Links for the day



  28. Ubuntu Core Announcement is Not About Microsoft and Hosting Ubuntu on Azure is Worse Than Stupid

    The power of media spin makes the idea of hosting Free software under the control of an NSA PRISM and back doors partner seem alluring



  29. France Gets Involved in Battistelli's Abuses in the EPO - Part XII (Updated)

    The EPO scandal has officially spilled over to France, where a French Senator got involved and starts asking serious questions



  30. Rolling of Heads Likely Imminent at EPO

    The European patent system is shaking as management breaks the rules, staff is protesting against the management every week, and charges of corruption resurface


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