Bonum Certa Men Certa

Better Watch Out or the United States Will Export Software Patents to Europe, Along With Patent Trolls

The lobbyists are evidently and demonstrably working behind the scenes

Unitary Patent
Picture from FFII



Summary: The growing risk of an 'export' of patent trolling through increasingly corporations-leaning globalisation (e.g. trade agreements) in Europe

IN THE UNITES STATES there is plenty of talk about patent reform (it's everywhere in the media), but the existing reform is pretty weak if not altogether bogus as it's designed to discourage participation by small patent aggressors for large corporations' sake [1, 2, 3, 4]. It's already weakened by lobbyists of these large corporations, as always.



IAM's patent maximalists, as we last mentioned a day ago in light of glorification of patent aggressors, is all for it. "There is a reason US patent owners with infringement issues like the German system," it wrote, "look forward to the UPC" (see what we previously wrote about the UPC in relation to Europe; it is helping patent trolls expand to Europe). Rather than a reform it's a revolution, exploiting the merger of European member states to launder some laws on behalf of large corporations. We should definitely keep an eye on this. As Richard Stallman warned some years ago (well before the Benoît Battistelli era), EPO staff "went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money. One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.”

"Rather than a reform it's a revolution, exploiting the merger of European member states to launder some laws on behalf of large corporations."The capital of patent trolls, Texas, where software patents run like water, must be licking its lips in anticipation for this long-promised European expansion (taking their racket to another wealthy continent). As the EFF's article "Judges in Texas Unfairly Impose New Requirements on Patent Defendants" serves to show, Texas has high hopes for patent trolls. It's all about profit (a hoard at programmers' expense) for some opportunistic lawyers. Engadget, for example, wrote: "Federal courts might have made it harder for patent trolls to sue over vague ideas, but the Eastern District of Texas (the trolls' preferred venue) just put the ball back in their court. Some judges in the region now demand that the targets of these lawsuits get permission before they file motions to dismiss cases based on abstract concepts. If the defendants don't show "good cause" for needing those motions, the lawsuits go ahead -- and historically, that means that the trolls either win their cases or extract settlements from companies unwilling to endure the costs of a prolonged legal battle."

These parasitic creatures -- patent trolls -- are already causing huge financial damage in the United States. Financial organisations are reportedly taking action. To quote one new report: "Financial services organizations are continuing to urge Congress to pass legislation that combats patent abuse. They’re claiming demand letters from so-called "patent trolls" signify a great and growing threat to financial service organizations.

"NAFCU, CUNA, the Independent Community Bankers of America, the American Bankers Association, the American Insurance Association, The Clearing House, Financial Services Roundtable, NACHA and The National Association of Mutual Insurance Companies have asked Congress to adopt needed legislation to stop abusive practices from law firms representing patent assertion entities."

"These parasitic creatures -- patent trolls -- are already causing huge financial damage in the United States."On the other hand, a venture capital trade group defends the trolls. As Fortune put it: "The latest attempt by Congress to curb the problem of “patent trolls” is on the ropes yet again, and this time the opposition is coming from an unlikely source: The National Venture Capital Association, a trade group which is taking steps to water down patent reform legislation, even though many of its members are vocal advocates for it."

Andy Updegrove, a lawyer for the Linux Foundation, has meanwhile spoken to a European trade group (OFE), discussing the US patent 'reform' and software patents here in Europe. Below are some of the relevant parts of this interview:

MB: I would like to talk about patent reform. I know you have done quite a lot of work on this and so I was wondering if you could give our readers - particularly those in the EU who might not have been following the debates so closely - a top-level view of the current state of patent regulation in the US.

AU: Patent reform suffers from several challenges. One of which is the concept of the patent as a one size fits all, legally speaking. In software there is little doubt that the engineer would create an invention with or without patents and indeed in the US until the late 1990s, software was not even recognised as being patentable. And yet there was an enormous amount of software written in the golden age of software. You could even say that the first golden age of Operating System development occurred when patents were not available for them at all. And indeed in Europe the ability to patent software is very limited and yet innovation continues. So my personal belief is that there would be just as much innovation in software if patents were to become unavailable today....

MB: And what has the US Government and US Congress done to address this? Can you talk a little bit about the policy and legal rather initiatives that have been put forward to address concerns around "patent trolls".

AU: There is a lot of lobbying in the US on this, especially from large patent holders. But you have to understand that these companies are both patent owners and patent consumers. So they have a very schizophrenic relationship as well. In fact, many of the companies with the most patents comparatively rarely actually sue anyone for infringement. They worry as much about being sued by other owners of patents, so at the same time as they invest enormous amounts of money in patents they also want to have a patent system where they can defend themselves successfully when they think that they are being sued unfairly. So there is something of a check and balance and it would be wrong to assume that most high-tech companies necessarily campaign against reform. They in fact are in favour of legislation that would curtail trolls....


These fragments of text about software patents and the so-called 'reform' ought to remind us of the great dangers posed by the corrupt EPO, where expansion of patent scope has been a strategic focus. We have written about this for nearly a decade now.

Expect the secretive trans-Atlantic 'agreements' (between rich people on both sides of the ocean) to deal more and more with patents, blurring the continental gaps that currently guard many European businesses from an abundance of patent trolls in north America. Actors who do this are usually lobbyists or front groups that also paved the way to software patents in Europe.



Recent Techrights' Posts

The Ultimate and Inevitable Fall of OpenAI (Even Brave is 'Bigger' Now)
"When you advertise at the Super Bowl, you’ve reached just about every consumer in America. It’s the last stop. If you’re not profitable yet, you never will be."
GNU/Linux Rises to All-Time High in Chile
sharp rise for GNU/Linux in Chile
 
Links 10/02/2025: Facebook Mass Layoffs, "Meta" Did What Aaron Swartz Had Done But to the Tune of 81.7 Terabytes
Links for the day
Microsoft Tarnishing the Brand of Arch
Of course Arch can do whatever it wants, but being associated with Microsoft is a badge of shame
Adding Slop to Your Blog Only Makes One Assume All the Text is LLM Slop
Simon Coter from Oracle has turned to slop
Macao is Leaving Microsoft Behind
Windows is falling to new all-time lows
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 09, 2025
IRC logs for Sunday, February 09, 2025
Microsoft's WSL (LSW) Shows That It Can Never Love Linux, Only Windows
that's just how Microsoft rolls
Activism in Times of War and a Coup
'Linux' Foundation works for fascism
What the Silencing of Neatnik Tells Us About Linus Torvalds Inside a Microsoft-Dominated 'Linux' Foundation
Is Linus Torvalds free to express his mind as he wishes about every topic, even just any technical topic?
Windows Down to 11.35% in Senegal, as Measured by statCounter
Another all-time low (Windows was at 99% in 2009)
"Latest Technology News" in BetaNews is LLM Slop Promoting OOXML and Proprietary Software at the Expense of LibreOffice and OpenDocument Format (ODF)
Remember that "open-source" and Open Source aren't the same; the former is fake
Links 09/02/2025: Coffee, Toxic Productivity, and Programming
Links for the day
Debian's Human Rights violations & Swiss women Nazi symbolism
Reprinted with permission from Daniel Pocock
Links 09/02/2025: Software Patents on MP3 and Another Scam Dressed Up as "Crypto"
Links for the day
Links 09/02/2025: Russian Energy Cut Off, LLM Pushers Show Signs of Desperation
Links for the day
Richard Stallman (RMS) Does Not Have Media Companies and Lobbyists on His Side, But His Message Spreads Regardless
The message of RMS is spreading in spite of all the smears
Links 09/02/2025: Hottest January on Record, Panama Blackmailed
Links for the day
Why We Still Love Gemini Protocol
Gemini Protocol may seem like something "old" (it's actually very new) and something "nobody would use", but many people use it
Gemini Links 09/02/2025: "Died as a Mineral" and Game Interface for a Non-Game
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 08, 2025
IRC logs for Saturday, February 08, 2025
Links 08/02/2025: UK Back Doors and Religious Fundamentalists in Positions of Higher Power
Links for the day
Today's IBM (Red Hat) Isn't the Company That Fought a Microsoft-Sponsored SCO in Court
IBM is nowadays in a state of rapid disintegration
When You Simply Rebrand Almost Everything as "Hey Hi" ("AI"), "Hey Hi Workloads", "Hey Hi Datacentres" and Whatnot
The "growth" has been a growing lie for years if not decades
Microsoft Windows Falls to 12% in Myanmar
Remember that Microsoft is virtually 0% in mobile
This is the Man Who's Attacking Linus Torvalds et al in "a Disease" (Social Control Media)
One thing that Richard M. Stallman and Torvalds can agree on is that Social Control Media should be avoided
Gemini Links 08/02/2025: "Thought Leaders" and Returns to Gemini Protocol
Links for the day
Links 08/02/2025: MElon Coup, Mass Layoffs at Facebook, and PlayStation Network Down
Links for the day
Unlike GAFAM, Free Software Serves You, It Does Not Serve Governments and MElons (Overlapping Forces)
Tired of oligarchy controlling your life through gadgets and "apps"?
On Wars Against Founders
We need to insist that founders remain
When It Comes to Social Control Media, Linus Torvalds is Channeling Techrights
GAFAM workers know exactly who to aim at
New EPO Paper: Promoting (Rewarding) People Who Grant Many Illegal European Patents to Make More Money (at Europeans' Expense) While Patent Courts in the EU Are Themselves Illegal
now the coup is sort of complete and even the "courts" are part of the corruption
Slopwatch: Carnival of LLM Slop and FUD Spewed by Bots, Pasted in by MaKenna Hensley and Day
Welcome to the Web in 2025. Articles about "Linux", "Security", and the Web (e.g. "Firefox") are fake.
Links 08/02/2025: News Corp Admits Traffic Declines, Wildlife Trafficking Tackled
Links for the day
Gemini Links 08/02/2025: Lamp and Notions
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 07, 2025
IRC logs for Friday, February 07, 2025