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. Apple- and Microsoft-Friendly Media Continues Attacking Android/Linux

    Some of the latest examples where corporate media (funded and run by large corporation) distorts facts, selectively covers facts, and generally serves to protect the Apple-Microsoft duopolist world view



  2. Qualys Admits That Its Scare Campaign (So-called 'GHOST') Somewhat Baseless

    Even the company that bombarded the media with its "GHOST" nonsense admits that this bug, which was fixed two years ago, does not pose much of a threat



  3. European Unitary Patent and Court System in Trouble

    New resistance to the Unitary Patent amid allegations of misconduct in the European patent authorities



  4. Text of Ruling/Decision Against Željko Topić (Regarding Audi as a Bribe)

    The legal loss of Željko Topić laid bear for the public to see even outside Croatia



  5. Media Coverage of Demonstration Against Jesper Kongstad of the Administrative Council (EPO)

    Last week's EPO demonstration has been covered by Danish media, raising awareness of the "banana republic" state of the EPO



  6. Links 29/1/2015: Android Shipments in 2014 Exceed 1,000,000,000, LibreOffice 4.4 is Out

    Links for the day



  7. Corporate Media, Led Astray by Patent Lawyers, Continues to Distort the Reality of Software Patents Post-Alice

    The press of the rich and the powerful continues its attempt to preserve software patents, despite the US Supreme Court's decision to abolish a lot of them on the basis of abstraction



  8. An Estimated 1,000 EPO Employees-Strong Legion Engulfs Danish Consulate to Protest Jesper Kongstad's (of Administrative Council) Protection of Benoît Battistelli

    A large protest waged by staff of the EPO targets one of the key facilitators of Battistelli's terrifying tyranny



  9. Links 28/1/2015: Ubuntu Touch Windowed Mode, NVIDIA Linux Legacy Drivers Updated

    Links for the day



  10. Breaking: EPO Vice-President Željko Topić Loses Defamation Case in Croatia

    The EPO's notorious Vice-President, whose appointment at the EPO is still raising some alarming questions, has just lost his case in Croatia (one of many cases), motivating us to accelerate coverage about the persona known as Željko Topić



  11. Qualys Starts Self-Promotional FUD Campaign, Naming a Bug That Was Already Fixed 2 Years Ago and Distros Have Covered With Patches

    Responding to the media blitz which paints GNU/Linux as insecure despite the fact that bugs were evidently found and fixed



  12. The Openwashing of Microsoft is Now Threatening to Eliminate the Identity of Free Software

    More openwashing of Microsoft, including in the corporate media, shows just to what great an extent and how quickly the old "Microsoft Open Source" Big Lie grows feet



  13. Links 27/1/2015: Plasma 5.2, Dell Precision With GNU/Linux

    Links for the day



  14. Microsoft's Media Attack on Free Software and GNU/Linux

    Brainwash war is still being waged by Microsoft and its friends to convince people that Windows is universally dominant and that Microsoft is now part of the Free software world



  15. Microsoft Accounting Practices After Fire Again, After Previous Abuses and Book-Cooking

    After the infamous IRS brawl comes another confrontation between Microsoft and the SEC, which is unhappy with Microsoft for seemingly cooking the books again



  16. Links 26/1/2015: Debian 8.0 “Jessie” RC1, Linux Kernel 3.19 RC6

    Links for the day



  17. Links 25/1/2015: Android Wear 5.0, Tizen in Bangladesh

    Links for the day



  18. IRC Proceedings: January 11th, 2015 – January 24th, 2015

    Many IRC logs



  19. Links 24/1/2015: Zenwalk Linux Reviewed, Netrunner 14.1 Released

    Links for the day



  20. The Latest 'Microsoft is Open Source' Propaganda a Parade of Lies

    Microsoft myth makers continue their assault on what is objectively true and try to tell the public that Microsoft is a friend of "Open Source"



  21. Apple -- Like Microsoft -- Not Interested in the Security of Its Operating Systems

    Apple neglected to patch known security flaws in Mac OS X for no less than three months and only did something about that vector of intrusion when the public found out about it



  22. As Battistelli Breaks the Rules and Topić Silences Staff, New European Parliament Petition for Tackling the EPO's Abuses is Needed

    The neglected (by EPO) Article 4a of the European Patent Convention (EPC) and the European Parliament petition/complaint against the EPO's crooked management



  23. Links 23/1/2015: Red Hat on IBM Power, Meizu Leaks With Ubuntu

    Links for the day



  24. Links 23/1/2015: Plasma 5.2, Manjaro 0.9-pre1

    Links for the day



  25. Microsoft is Dying Due to Free Software, Tries to Infect GNU/Linux With .NET and to Infect Moodle in Schools With Microsoft Office and OOXML Lock-in

    'Free' drugs (a proprietary software analogy) the new strategy of Microsoft in its latest battle against Free software, especially in schools where choice is a rarity (if not an impossibility), with the premeditated intention of forming dependency/addiction among young people



  26. Microsoft Symptoms of a Dying Company: More Boosters Depart, Back Doors Revealed, Microsoft's Outlook Cracked

    Bad news for Microsoft shortly before the marketing extravaganza served to cover much of it up



  27. The Collapse of European Patent Office Management Culminates With Resignations

    No blood is spilled, but even the management of the EPO is falling apart as the Director of Internal Communication is said to have just resigned



  28. New LCA Talk: Open Invention Network's Deb Nicholson on Software Patents and Patent Trolls

    Deb Nicholson's LCA talk is now publicly accessible



  29. Links 22/1/2015: GNU/Linux Sysadmin Opportunities, TraceFS Introduced

    Links for the day



  30. Links 21/1/2015: Andrew Tridgell, Torvalds Being Baited

    Links for the day


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