Germany, Which Allows People in Europe and Abroad to Patent Software (EPC Shunned), Simply Cannot be Trusted With the EPO and UPC

Dr. Roy Schestowitz

2016-02-22 13:47:27 UTC
Modified: 2016-02-22 13:47:27 UTC

A Germany-centric court and filings system would further empower the software patenting agenda

Summary: Germany's attitude towards software patents makes it even more abundantly clear that it's not suitable to take the lead in a Europe-wide patent system

THE situation in Europe is dire because of ill-situated bureaucracy. Just look at what Team Battistelli has done. It's Europe's embarrassment and shame. Europe needs to put the EPO under control of citizens and/or their representatives. Right now it’s above the law (detached from the European Union), thus dangerous. It's largely controlled by German authorities that shelter it (see how German media treats this subject [1, 2]) because it's beneficial to the German economy in various ways.

Now that patent trolls penetrate Europe along with software patents (close correlation exists between these two) we are reminded that: "The costs of a lawsuit from a patent troll are astronomical, and can reach tens of millions of dollars."

"Just look at what Team Battistelli has done. It's Europe's embarrassment and shame."This mostly hurts small businesses, which Europe is composed of in many pertinent countries (more so than in the US). "How NOT to make EU innovative" is what Professor James Bessen wrote about the article "Get Ready for Patent Wars as IP Europe Consortium Is Unveiled" (we mentioned this article before).

Bastian Best, a German national who is a patent lawyer, wrote again about last month's post (the blog is in favour of software patents, as is the case with every lawyer's blog) about German's acceptance of software patents under certain scenarios, provided lawyers cleverly use words to mislead examiners and judges. Of interest to this bizarre situation (Germany being open to software patents) are the following older articles of ours (among others):

Recall Microsoft's FAT patents in Germany -- patents which were used against a lot of companies that use Linux, even a Dutch company (TomTom) which Microsoft took to court over it. These are software patents which are still being used against Linux (we last covered an example earlier this month). We recently wrote about Germany's special role in the UPC [1, 2] and we continue to worry that Germany's notable tolerance of software patents (never mind tolerance of Battistelli's abuses) will spread to other countries, including the UK where the UK-IPO has also been relatively friendly towards software patents. ⬆

Next Month 'New Techrights' Turns Two: Next month, on the fourth week, it'll be 2 years since the migration
Online Safety Act Tries to Accomplish the Impossible: All I can say is, "good luck with that!"
Microsoft Windows "Market Share" Measured Around 2.7% in Iraq, Plunges to 6.5% in Saudi Arabia: Microsoft isn't on the agenda in Iraq
Maldives: GNU/Linux at All-Time High, Windows at New Lows: data from statCounter shows a reassuring trend
Efficiency is Good, So Why Won't Governments Cull LLM Companies Using Stronger, Stringent Policies?: Like every bubble that ever existed, including some recent ones, an end will come
The Defunct Site LinuxConfig Has Published a Fake Article About Richard Stallman Using LLM Slop, Which Stallman Calls "Bullshit Generator": Worse yet, it is writing using a "Bullshit Generator" (the term used by Stallman) about Stallman's health
Microsoft Windows Falls to All-Time Lows in Morocco and Algeria: About 70% or even less
StopGenAI in the Cyber Show (C|S): covering a theme that we too covered a lot lately
Gemini Links 03/08/2025: Once-a-Decade Couch Shopping and Blessings in Disguise: Links for the day
Links 03/08/2025: Political Catch-up, Global Warming, and Hunger: Links for the day
Brittany Day Entered LLM Slop Into LinuxSecurity.com and Something Hilarious Happened: The Site is "Exploited": The brainless, effortless copypasta of "slop artists" shows its limits
Links 03/08/2025: Microsoft Exchange 0-day Exploited and Avoidable Nuclear Escalation: Links for the day
Definitely Not a Ponzi Scheme: Bitcoin v Microsoft
The Electronic Frontier Foundation (EFF) is a Billionaires' Lobby: Billionaires that control tech companies
Microsoft Borrows 3 Billion Dollars Per Month, a Company Truly Worth Trillions Would Not Do This: if Windows (and Office) "market share" fell from about 90% to barely 30%, how come Microsoft is now "valued" at 20 times more?
It's Even Worse Than Microsoft Lunduke Puts It; GNOME is SLAPPing Journalists: In our experience, GNOME is so malicious - some elements of it in particular - that it would launch multiple simultaneous SLAPP campaigns not only against journalists but also their spouses
GNU/Linux Adoption Reaches All-Time Highs in Chile, statCounter Indicates: This month marks 4 years since Vista 11 came out (as a fake "leak") and some surveys still measure its adoption at less than 40%
Slop Will Not Change the World: Some of us grow up sooner and leave that nonsense behind (or altogether avoid/skip it)
Gemini Links 03/08/2025: Nostalgia and TOFU: Links for the day
Over at Tux Machines...: GNU/Linux news for the past day
IRC Proceedings: Saturday, August 02, 2025: IRC logs for Saturday, August 02, 2025
Google Throwing Out the Search Engine With the Bathwater is a Complete and Utter 'Shi---ow' as the Company Drowns in Debt, Layoffs, and Worse: The mainstream media almost never mentions GAFAM debt
Operating Systems' Statistics in New Zealand: GNU/Linux Up, Windows Down to All-Time Lows: Remember all this when the media says that Microsoft became like 10 times more valuable in those 15 years (from 400 billion to 4,000 billion in alleged "worth")
GNU/Linux Share in Sweden Has Doubled Since PewDiePie, A Swede, Recommended It: months ago he moved to GNU/Linux, then told others to consider doing the same
GNU/Linux Hits Record High in Portugal: GNU/Linux picking up in Portugal
Gemini Protocol is Not Dying, It's Growing: When people say things like "Gemini Protocol is dying" the data does not support them
GNU/Linux is Thriving This Summer: It is meanwhile acknowledged, even by Microsoft pushers, that many GNU/Linux PCs will get sabotaged next month
The End of Microsoft's Reign in Spain: Windows Falls to All-Time Lows in Spanish Web Traffic: Windows sank to new lows in Spain
The Bots Never Sleep: In The Weekends, Slopfarms Dominate Google News, Majority of Entries in Google Are Fake Articles About 'Linux': Google is fast becoming an ocean of plagiarism; the same goes for Google News, which was supposed to have extra quality control
Russia's Yandex Has Caught Up With Bing in Terms of "Market Share": Microsoft has been firing loads of Bing workers for over 2 years already
Canada: GNU/Linux Up to Records Highs, Windows Down to Record Lows: Microsoft already announcing some plans to shut down Vista 11
Gemini Links 02/08/2025: Transducers in Typed Racket and American ISPs: Links for the day
Links 02/08/2025: Microsoft Already Kills Vista 11 SE, Smartphone Sales Down, Truth Gets "You're Fired!" in the US: Links for the day
Video: The Rise of GNU/Linux and Free Software as Seen by RMS in 2004: DTP's founder argued that when Windows goes below 85% "market share", it'll lose its grip in the monopoly sense
Russia: GNU/Linux Rises to Highest Adoption Level Since Invasion of Ukraine: Moving up in the north
Microsoft's Latest Financial Report: We "Gained" 300 Million Dollars in "Goodwill" and Liabilities Grew by 32 Billion Dollars: Microsoft's debt has reached an all-time high
The Register US = The Register MS: Formerly The Register UK
Weeks After Microsoft Shut Down Its Operations in Pakistan Windows Falls to All-Time Lows: Only less than a month ago it was quietly revealed, based on laid-off staff, that Microsoft shut down in Pakistan
Criminal Behaviour is the Standard Operating Procedure at Microsoft: In the future I'll be able to tell how, when dealing with SLAPPs from Microsofters, their Microsoft services failed me and sometimes even blocked my contacts
GNU/Linux Rises to All-Time Highs in Europe: many people will get fired for buying Microsoft
All-Time Highs for GNU/Linux on the Client Desktop/Laptop, Based on Steam Survey: GNU/Linux rose to 2.89% in Steam
Links 02/08/2025: Blaugust 2025 and "Russia Declares Navalny Memoir ‘Extremist’": Links for the day
Free Software is Not a Business Model: Go ahead, ask your friend, "how do you plan to monetise your children?"
When (Almost) One-Man Operations Are Disguised as Medium-Sized Companies: the CEO hides in the US (hiding from his ex-wives, 4 daughters from those wives, and Sirius staff that he defrauded)
LLM Slop Harms Real Literature, Real Web Sites, Real Journalism: LLM slop is a parasite and it'll run out of legitimate outputs
Upcoming OSI Scandal Series: The OSI is a rogue actor because it serves Microsoft in exchange for money
Slopwatch: The Issue Persists, But the Consensus in the Media Changes as Google Enrages It With LLM Plagiarism: We've meanwhile assessed the latest output from Linuxiac
Microsoft Actually in Trouble, Microsofters Unable to Obey Judges' Orders: For the second time in a week, Microsofters are unable to obey orders
IRC Proceedings: Friday, August 01, 2025: IRC logs for Friday, August 01, 2025
Over at Tux Machines...: GNU/Linux news for the past day
Links 02/08/2025: İstanbul Retail Inflation Reaches 42.48%, US FBI Opens Office in New Zealand: Links for the day
Gemini Links 02/08/2025: ZFS, LLM Hype, and Fake Modules: Links for the day
Links 01/08/2025: Health, Conflict, and Attacks on Freedom of the Press: Links for the day
Microsoft's Debt Exploded by 15.4 Billion Dollars in the Past 9 Months Alone (Despite All the Layoffs): As of minutes ago, at 6PM on a Friday, the numbers are made public
Meeting (Webchat) With Maria Arranz Gomez, Florian Grundies, Jürgen Janda and Konstantinos Kortsaris Confronts EPO Management About Breaking Promises and Crushing Workers: The lack of consistent messages suggests plans other than what's advertised and the lack of consultation (secrecy) likewise
Links 01/08/2025: "The Great British Firewall" and U.S. Army Sponsors Palantir: Links for the day
For Second Day in a Row, Top Story in The Register MS is "Microsoft Says": The editor in chief exercises control over everybody else
LLMs as Attack Method Against Free Software and Programming: DDoS in "hey hi" (slop) clothing
Stability and Reliability, Backward Compatibility: I don't fancy relying on social control media as "sources"
What "the News" Looks Like in 2025: The "says" (or "sez") phenomenon
History Will Be Distorted, Sometimes Intentionally, Under the Guise of Intelligence (Manipulated/Curated Slop): Militarised misinformation or military-grade chaff is a national security threat, even domestically
Financial Engineering Companies: A Company Worth 4 Trillion Dollars Would Not Borrow 100+ Billion Dollars at Interest Rates Like Today's: Many headlines perpetuate the lie Microsoft had just 2 waves of layoffs
Microsoft is Googlebombing "Linux" While Paying Former News Sites to Publish SPAM: How much lower will IDG sink?
Google as a 'Bullshit Generator' Disguised as Intelligence: It'll probably cause Google to get sued a lot, both by individuals and companies
As Expected, Google in the UK Now Experiments With Slop Instead of Web Search: At this point more people ought to stop and think: Does Google's search engine deserve trust?
The Data You Don't Give Away is Your Advantage: stop sharing data that does not need to be shared
Being Obedient or Doing the Right Thing: The world always changes for the better because of people who think "Outside the Box", not the cogs
Gemini Links 01/08/2025: Happy Hacking Keyboards and New Gemini Arrivals: Links for the day
Over at Tux Machines...: GNU/Linux news for the past day
IRC Proceedings: Thursday, July 31, 2025: IRC logs for Thursday, July 31, 2025

Germany, Which Allows People in Europe and Abroad to Patent Software (EPC Shunned), Simply Cannot be Trusted With the EPO and UPC

Recent Techrights' Posts