Bonum Certa Men Certa

UPC Would Bring Software Patents to Europe and Open the Floodgates to Litigation

It's not hard to imagine who would benefit from making the abstract patentable

Trojan horse



Summary: The UPC also has a FRAND angle/element to it and thus, in many cases, software patents in Europe (patent tax or lawsuits over software, which is typed and copied or distributed rather than manufactured or produced)

THE EPO's management, seemingly working for large corporations (not even European)*, keeps trying to undemocratically push the SMEs-hostile UPC, by extension spreading software patents in the European continent/commonwealth/nations and beyond them (the EPO is broader than that). Examiners at the EPO oughtn't tolerate this as it jeopardises the quality of patents and damages the credibility of the EPO, along with the perceived value of European patents (EPs). We have already presented many articles, citing experts in the field, saying that UPC would bring software patents to Europe.



"Examiners at the EPO oughtn't tolerate this as it jeopardises the quality of patents and damages the credibility of the EPO, along with the perceived value of European patents (EPs)."One subject we have been writing about for over 9 years is RAND (sometimes known as FRAND for an extra euphemism, "fair"). This new article from the Indian press (where the debate about software patents has been hot recently) speaks about “FRAND” as follows: "The past week had an article on standard essential patents (“SEPs”) by Divya Rajput, and how their licensing on Fair, Reasonable, and Non-Discriminatory (“FRAND”) terms helps several industries to operate and serve customers. Ms. Rajput makes several interesting points, but these points are not grounded in reality and reflect logical inconsistencies.

"We have already presented many articles, citing experts in the field, saying that UPC would bring software patents to Europe.""There was a time when indentured servitude was considered to be a good thing. Thank God we are not living in those days. Today, it is a criminal offense. Same is true for licensing of SEPs. What was an excellent business practice in the 90s, is not a viable business strategy today. Out of the original five (Motorola, Ericsson, Nokia, Alcatel-Lucent, and Nortel), none remains in providing and manufacturing mobile phones. Rather, all are involved in patent licensing in some form or the other. The cross-licensing rates in those days cannot be used as a bench mark today."

Well, based on this new report from MIP, UPC remains a Trojan horse for FRAND and thus software patents in Europe (we wrote many articles about this around 2008). To quote MIP (behind paywall): "Our latest UPC scenario looks at a case involving a standard-essential patent. Michael Carter, Nick Cunningham and David Barron consider a defendant’s options in the new court system" (see this recent example).

"...it's imperative to rebut the claims which come primarily from patent lawyers, the EPO, and gullible journalists who just print whatever they're told by those former two groups."Readers should be made aware that in anti-FOSS lobbying circles (e.g. Business Software Alliance or Association for Competitive Technology) FRAND became a byword for software patents or incompatibility with FOSS. They try to phase FOSS out of existence, or simply make it arbitrarily taxable (see what Microsoft is doing to Linux and Android for instance), hence expensive and hard/impossible/verboten to redistribute. The UPC is a very dangerous thing. There is an article in German about it (just published, translations would be appreciated) and given the high (and growing) levels of misinformation in the media about the UPC, it's imperative to rebut the claims which come primarily from patent lawyers, the EPO, and gullible journalists who just print whatever they're told by those former two groups. _____ * Suffice to say, the EPO is not European but an international body (exempt even from European laws). The only "European" thing about it is the staff. In spite of working for an international body, this staff is also European (EU citizens), hence should have European interests to defend, unlike the management (bossed by or made to please foreign stakeholders).

Recent Techrights' Posts

Linux Foundation is a Mediator for Microsoft et al, Not for Small Companies That Support Rather Than Attack the GPL
Many people still wrongly assume that because it is called "Linux Foundation", then it is pro-Linux and represents the same mindset
This Past Friday, Confirming What We Said All Along About Brett Wilson LLP: It's Shrinking, Has Considerable Debt, Loss of Net Assets Despite the Microsoft SLAPP Money
The documents only became publicly available less than 2 days ago
There Was Always Too Much 'Crazy Stuff' Going on Around Freenode
What many IRC users lost sight of
Exposing Crime is Not a Crime (It Never Was)
In the eyes of rich and powerful people, those who speak about their crimes are the "criminals"
 
Links 08/06/2025: Tiananmen Carnage Censorship Persists, North Korean Goes Offline
Links for the day
Gemini Links 08/06/2025: Love as an Ethnographic Method and Monitorix Gemini-Frontend v0.1
Links for the day
Links 08/06/2025: Exposure of More GAFAM Surveillance and Social Security Records Compromised
Links for the day
Some of the Many Reasons We Sued Microsofters for Harassment
perpetrators of harassment
For 20 Years Many People Were Sharecropping for Canonical's Oligarch, Now He's Deleting All Their Contributions
"Ubuntu has erased instead of archiving the trove of material at Ubuntu Forums"
GNU/Linux Distros Abandoning Microsoft GitHub
Will curl be next to leave Microsoft GitHub?
Expect More XBox Mass Layoffs Soon If the Rumours Are True
From a Microsoft media operative
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 07, 2025
IRC logs for Saturday, June 07, 2025
Europe Needs to Move Away From GAFAM; The Sooner, the Better
Europe - not just the EU - must abandon GAFAM as soon as possible
The Issue Isn't GNOME's Promotion of Diversity But GNOME Corruption, Abuse, Censorship, and Worse
So-called "Conservative" (republican, pro-Trump, bigoted) people want you to think the problem with GNOME is politics
When the News Sources Become Scarce and Increasingly Full of Polluted/Contaminated 'Content' (With LLM Slop and Slop Images)
Integrity matters
"Linux" Sites That Spew Out LLM Slop
We're lacking enough material for another "Slopwatch"
Abuse Inside the Polish Patent Office (UPRP) - Part V: Breaking the Law, Just Like EPO
We'll hopefully cover some of the pertinent details later this year
Links 08/06/2025: Security Lapses, CISA Cuts, and More
Links for the day
Gemini Links 07/06/2025: Mime Types and Geminisphere Introduction
Links for the day
Links 07/06/2025: Slop Companies Retain All Private Data, More Books Banned in the US
Links for the day
Gemini Links 07/06/2025: "A Monk's Guide to Happiness" and "Wireless Earbuds"
Links for the day
Links 07/06/2025: More Rumours of Mass Layoffs in Microsoft's XBox Division, New COVID Variant
Links for the day
Drug Addiction is a Real Problem, It Destroys Families
a rather sensitive matter
Abuse Inside the Polish Patent Office (UPRP) - Part IV: Political Scrutiny and Errors/Inconsistencies in Official Documents
When such organisations receive scrutiny they start focusing on cover-up and muzzling of facts (or crushing people who say the truth)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 06, 2025
IRC logs for Friday, June 06, 2025
Slopwatch: LinuxTechLab, Planet Ubuntu, Anti-Linux FUD, and Microsoft SPAM
It's not easy to altogether avoid take articles these days
Gemini Links 06/06/2025: "MBA Tear" and Slop ('AI') as Plagiarism
Links for the day
Links 06/06/2025: "Convicted Felon and MElon Trade Insults" and Europe Snubbed by US Again
Links for the day
Links 06/06/2025: Microsoft XBox Bracing For More Mass Layoffs, Climate Disaster, Fake 'Money' Tokens From US President
Links for the day
Gemini Links 06/06/2025: Vanishing Cultures and MElon Implosion
Links for the day
Extortion is a Crime, Even If You're Based in Another Continent and Work for Microsoft
reported to British authorities
We're in 6/6 Now, Almost Halfway in 2025
2025 was probably the best year for us
South Americans Are Saying Goodbye to Microsoft
We're hardly even "Cherry-Picking" or conveniently singling out one South American nation
Abuse Inside the Polish Patent Office (UPRP) - Part III: Data Protection Failures, Just Like at the European Patent Office (EPO)
Just less than a decade ago we showed that the EPO had illegally shared staff data with third parties
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 05, 2025
IRC logs for Thursday, June 05, 2025