Bonum Certa Men Certa

Fighting Back Against Limitations on Software Development in Europe

The undemocratic patent conspiracy (UPC): We'll just call it something misleading



Summary: A discussion about the latest threats to software developers in Europe, notably the expansion of patents to software (watch out for UPC), so-called 'trade secrets', and not just copyrights (or copyleft) that are the only thing programmers really need

EARLIER this year we showed who was lobbying for the UPC inside the UK (not surprisingly, those who stand to benefit from litigation) and also showed some cognitive dissonance. Some want us to believe that the UPC will come to the UK irrespective of Brexit.



Brexit would definitely undermine the UPC, say UPC proponents. To quote: "Hinging on the result is the immediate – and perhaps permanent – future of the EU unitary patent and Unified Patent Court (UPC)."

"Some want us to believe that the UPC will come to the UK irrespective of Brexit."The EPO may think that it's alright to promote software patents in Europe and to also promote the UPC (which helps bring them to every European country), but it won't be as easy as it hopes. It's certainly still an uncertainty whether or not UPC will ever become a reality at all.

In its first part, IP Kat alluded to matters of "user interface designs" patentability (related to software patents) and in this second part it focuses on "the German approach" rather than "the EPO approach" (the latter is less permissive). Another new article from IP Kat correctly points out that: "In the United States elements of software have traditionally been protected by patent law, copyright law and trade secret law."

"Generally speaking, every software developer (whether FOSS or proprietary) should be deeply concerned about efforts to pass more and more laws which purport to 'protect' but actually just criminalise more and more aspects of software development."Well, software is already protected from copying/plagiarism owing to copyright law. Patents should not at all be necessary and trade secret law is totally unnecessary for most purposes. It treats mere communication of ideas as "property". The article also says: "The overlapping protection provided by multiple disciplines of intellectual property over software is relatively routine. However, copyright preemption--federal copyright law essentially blocking an overlapping state claim--can sometimes preempt a trade secret claim covering software. To the extent there is lingering doubt about copyright preemption of trade secret claims covering software, federalizing a private cause of action for trade secret misappropriation through the Defend Trade Secrets Act likely removes any remaining doubt."

This basically speaks of proprietary software paradigms where there's presumption of code secrecy. Generally speaking, every software developer (whether FOSS or proprietary) should be deeply concerned about efforts to pass more and more laws which purport to 'protect' but actually just criminalise more and more aspects of software development. To whose benefit?

Recent Techrights' Posts

Comparing U.E.F.I. to B.I.O.S. (Bloat and Insecurity to K.I.S.S.)
By Sami Tikkanen
New 'Slides' From Stallman Support (stallmansupport.org) Site
"In celebration of RMS's birthday, we've been playing a bit. We extracted some quotes from the various articles, comments, letters, writings, etc. and put them in the form of a slideshow in the home page."
Thailand: GNU/Linux Up to 6% of Desktops/Laptops, According to statCounter
Desktop Operating System Market Share Thailand
António Campinos is Still 'The Fucking President' (in His Own Words) After a Fake 'Election' in 2022 (He Bribed All the Voters to Keep His Seat)
António Campinos and the Administrative Council, whose delegates he clearly bribed with EPO budget in exchange for votes
Adrian von Bidder, homeworking & Debian unexplained deaths
Reprinted with permission from Daniel Pocock
Sainsbury’s Epic Downtime Seems to be Microsoft's Fault and Might Even Constitute a Data Breach (Legal Liability)
one of Britain's largest groceries (and beyond) chains
 
People Don't Just Kill Themselves (Same for Other Animals)
And recent reports about Boeing whistleblower John Barnett
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 18, 2024
IRC logs for Monday, March 18, 2024
Suicide Cluster Cover-up tactics & Debian exposed
Reprinted with permission from Daniel Pocock
Gemini Links 19/03/2024: A Society That Lost Focus and Abandoning Social Control Media
Links for the day
Matthias Kirschner, FSFE: Plagiarism & Child labour in YH4F
Reprinted with permission from Daniel Pocock
Linux Foundation Boasting About Being Connected to Bill Gates
Examples of boasting about the association
Alexandre Oliva's Article on Monstering Cults
"I'm told an earlier draft version of this post got published elsewhere. Please consider this IMHO improved version instead."
[Meme] 'Russian' Elections in Munich (Bavaria, Germany)
fake elections
Sainsbury's to Techrights: Yes, Our Web Site Broke Down, But We Cannot Say Which Part or Why
Windows TCO?
Plagiarism: Axel Beckert (ETH Zurich) & Debian Developer list hacking
Reprinted with permission from Daniel Pocock
Links 18/03/2024: Putin Cements Power
Links for the day
Flashback 2003: Debian has always had a toxic culture
Reprinted with permission from Daniel Pocock
[Meme] You Know You're Winning the Argument When...
EPO management starts cursing at everybody (which is what's happening)
Catspaw With Attitude
The posts "they" complain about merely point out the facts about this harassment and doxing
'Clown Computing' Businesses Are Waning and the Same Will Happen to 'G.A.I.' Businesses (the 'Hey Hi' Fame)
decrease in "HEY HI" (AI) hype
Free Software Needs Watchdogs, Too
Gentle lapdogs prevent self-regulation and transparency
Matthias Kirschner, FSFE analogous to identity fraud
Reprinted with permission from Daniel Pocock
Gemini Links 18/03/2024: LLM Inference and Can We Survive Technology?
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 17, 2024
IRC logs for Sunday, March 17, 2024
Links 17/03/2024: Microsoft Windows Shoves Ads Into Third-Party Software, More Countries Explore TikTok Ban
Links for the day
Molly Russell suicide & Debian Frans Pop, Lucy Wayland, social media deaths
Reprinted with permission from Daniel Pocock
Our Plans for Spring
Later this year we turn 18 and a few months from now our IRC community turns 16
Open Invention Network (OIN) Fails to Explain If Linux is Safe From Microsoft's Software Patent Royalties (Charges)
Keith Bergelt has not replied to queries on this very important matter
RedHat.com, Brought to You by Microsoft Staff
This is totally normal, right?
USPTO Corruption: People Who Don't Use Microsoft Will Be Penalised ~$400 for Each Patent Filing
Not joking!
The Hobbyists of Mozilla, Where the CEO is a Bigger Liability Than All Liabilities Combined
the hobbyist in chief earns much more than colleagues, to say the least; the number quadrupled in a matter of years
Jim Zemlin Says Linux Foundation Should Combat Fraud Together With the Gates Foundation. Maybe They Should Start With Jim's Wife.
There's a class action lawsuit for securities fraud
Not About Linux at All!
nobody bothers with the site anymore; it's marketing, and now even Linux
Links 17/03/2024: Abuses Against Human Rights, Tesla Settlement (and Crash)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 16, 2024
IRC logs for Saturday, March 16, 2024
Under Taliban, GNU/Linux Share Nearly Doubled in Afghanistan, Windows Sank From About 90% to 68.5%
Suffice to say, we're not meaning to imply Taliban is "good"
Debian aggression: woman asked about her profession
Reprinted with permission from Daniel Pocock
Gemini Links 17/03/2024: Winter Can't Hurt Us Anymore and Playstation Plus
Links for the day