Bonum Certa Men Certa

Growing Threats of Software Patents in Europe and the FRAND Trap Which Microsoft Promotes/Lobbies For

And Microsoft told us it "loves Linux"...

EU lobbying



Summary: Microsoft's lobbying against Android in Europe and for FRAND (essentially software patents) in European standards yield results

Software patents in Europe have been covered here for much longer than the EPO. Companies like Microsoft were using them to effectively ban Free/Open Source software (FOSS), or exclude such software from procurement policy as per the standards. According to this new article from Dr. Glyn Moody, Microsoft was somewhat successful with this as its lobbyists continue lobbying for FRAND in Europe [1, 2]. Yes, in addition to lobbying the European Commission for many years against FOSS/Android [1, 2, 3], eventually leading to antitrust action against Google, "Just as Microsoft is adopting open source, the EU is excluding it from policy - like Microsoft originally demanded," to quote Simon Phipps, who in turn cites Moody who's saying: "It's no surprise that the Commission was trying to keep that particular detail quiet, because FRAND licensing—the acronym stands for "fair, reasonable, and non-discriminatory"—is incompatible with open source, which will therefore find itself excluded from much of the EU's grand new Digital Single Market strategy. That's hardly a "balanced IPR policy."



"An inherent problem with this policy is that it wrongly assumes that patents on software have legitimacy in the EU.""The problem for open source is that standard licensing can be perfectly fair, reasonable, and non-discriminatory, but would nonetheless be impossible for open source code to implement. Typically, FRAND licensing requires a per-copy payment, but for free software, which can be shared any number of times, there's no way to keep tabs on just how many copies are out there. Even if the per-copy payment is tiny, it's still a licensing requirement that open source code cannot meet."

An inherent problem with this policy is that it wrongly assumes that patents on software have legitimacy in the EU. It's a loophole or even a distortion of European law. Well, it's not as though Microsoft truly tries to obey the law anyway... its front group, Business Software Alliance, has pursued this kind of policy for nearly a decade now.

"Well, it's not as though Microsoft truly tries to obey the law anyway..."Incidentally, yesterday IP Kat published this article about "Patentability of user interface designs", citing the Board of Appeal which isn't particularly software patents-friendly (unlike the EPO, it doesn't just seek to maximise profit by reducing patent quality or by also expanding patent scope over time, in defiance of the EPC*).

One comment from the FFII's President said: "Jacob said the "Technical" wording is a restatement of the same problem. "Technical" becomes the black hole where the EPO finds it way to bypass the spirit of the EPC, where all the exclusions concerns abstract matters."

"“Technical” is generally a rather meaningless term."One person responded by saying: "have you bothered to read the post? It explains how, on the contrary, the BoA of the EPO has refused to see anything "technical" in presentations of information, except in three now rather old cases (T 643/00, T 928/03 and T 49/04). Apart from that, I know for one thing that T 49/04 was an extremely controversial decision within the EPO, and this may explain why, afterwards, the Boards didn't continue on the same path."

Here we have a wilfully ignorant person who doesn't know the correlation between the UPC and software patents (high-profile people have spoken explicitly about it) and s/he says "conspiracy" to discredit those who speak about it, shooting the messengers as follows:

If "Zoobab" is the same Zoobab as on Twitter, s/he seems to be an anti-software-patent activist and appears to be a loyal follower of the Techrights blog, who see anything that even mentions software patents or the UPC (even in a negative context) as evidence of some sort of grand conspiracy to defraud the European public.

As it happens, I'm dubious about the merits of software patents or indeed the UPC. But I've learned that anything less than full, wholehearted agreement with the wacky conspiracy theories of such characters is seen as yet further evidence that there's not only a conspiracy, but also that you're part of it, even if you broadly share their misgivings albeit for different reasons.


The above puts words in the mouth of both Benjamin Henrion and myself -- words that were never at all uttered. In spite of the secrecy which breeds suspicion**, there is a lot of information one can accumulate by digging deep enough. There is actually plenty of evidence to show what we both said (not the above), the EPO's management keeps promoting both the UPC*** and software patents (we wrote about it with examples earlier this year), and this got the attention of other people last night. “Technical” is generally a rather meaningless term (like "innovative", "novel" and other such buzzwords). A toilet bowl too is technical. See this reaction to the phrase "the effect of a particular layout on the mental processes of the user could be considered... technical" (response in Spanish). ______ * “Customer”, apparently, based on this new tweet, is a new word for “applicant” as EPO inherits the ENA mentality of Battistelli.

** The EPO has once again (second time in a week) promoted the EUIPO. Recall the overlaps between those two [1, 2, 3]].

*** Here is the latest UPC promotion from the EPO (last night).

Recent Techrights' Posts

IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
 
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails