EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

09.04.19

The Electronic Frontier Foundation Opposes Software Patents (in the US), So Why Does It Keep 100% Silent About Europe and the EPO?

Posted in America, EFF, Europe, Law, Patents at 4:25 am by Dr. Roy Schestowitz

Imagine what would happen if the Electronic Frontier Foundation cared about European Patents as much as it cares about EU copyright law

Electronic Frontier Foundation EPO

Summary: The Electronic Frontier Foundation does good work in the area of patent law, but it has a massive, glaring blind spot for the EPO, where massive abuses are happening and corruption is rampant for more than half a decade

THE U.S. Patent and Trademark Office (USPTO) can issue software patents. Sometimes it does. But citing 35 U.S.C. § 101, as courts often do, judges will throw out such patents. The patent maximalists are furious about it. How dare judges apply the law? They’ve already called for abolishment of the Patent Trial and Appeal Board (PTAB), nowadays they ask for the Federal Circuit to be disbanded and maybe SCOTUS is next. Who needs justice anyway? Mob rule, right?

“Who needs justice anyway? Mob rule, right?”At the EPO (Organisation) things are already profoundly upsetting. The rule of law is almost literally dead now (suicidal judges, due to threats and unjust punishment from Team Campinos/Battistelli). Nobody in the media wants to cover this anymore. Almost nobody! That in and of itself is a scandal — a complicity in silence that we’ve often alluded to.

Science Business, which oftentimes is the European Patent Office’s (EPO) mouthpiece [1, 2, 3], has just done some more EPO propaganda (“Source: The European Patent Office (EPO)”). No journalism involved and it’s not even news: “Switzerland has most European patents per capita”

That just means Switzerland is a rich country, that’s all. EPO numbers are used to convey old lies and myths. Do people know how much a single European Patent can cost? Can one expect an Estonian or an Ethiopian to apply for dozens of European Patents? They’d have to work for several years for just one patent (associated fees).

“When will the EFF make a comment about Europe and the EPO as well? Like it did the EU Copyright Directive…”Anyway, yesterday the EPO brought up (warning: epo.org link) the subject of software patents in Europe, calling them — in the title — “computer-implemented,” as usual (the body says “computer-implemented inventions”). There’s an upcoming case, but the judges lack independence. The President of the EPO (Campinos) knows it; he knows that he frightens them. So this is just the EPO pushing in the usual direction, i.e. to endorse illegal software patents (outcome may be ‘fixed’ like earlier this summer). In their own words: “The President of the EPO has filed his comments in the matter of the referral G 1/19 (“Patentability of computer-implemented simulations”) to the Enlarged Board of Appeal arguing for maintenance of the current practice for assessing the inventive step of computer-implemented inventions and welcomes the opportunity for the Enlarged Board of Appeal to further clarify the practice.”

We don't expect software patents to make a comeback in the US. The Electronic Frontier Foundation (EFF) has just issued a statement [1] to drill another screw into the coffin of STRONGER Patents Act. Well done, EFF. When will the EFF make a comment about Europe and the EPO as well? Like it did the EU Copyright Directive

The EFF cannot deny the fact that European and American patent laws — or practices — are connected (even their buzzwords). No excuse for the oversight. Do something, EFF. You are not understaffed, so don’t make excuses.

Related/contextual items from the news:

  1. The STRONGER Patents Act Would Make Bad Patents Stronger Than Ever

    Senator Chris Coons (D-Del.) has introduced yet another version of the STRONGER Patents Act. In 2017, we explained how earlier versions of the bill would gut inter partes review, a much more affordable way to challenge bad patents. The bill also tears down the Supreme Court’s eBay v. Mercexchange decision, which stops patent trolls from automatically getting injunctions, which gave them the power to potentially shut down productive companies. Unfortunately, these terrible ideas seem to keep coming back.

    The STRONGER Act of 2019 contains numerous provisions aimed at killing inter partes review proceedings altogether. As we’ve explained before, inter partes review, or IPR, is a type of proceeding that lets people facing infringement allegations challenge bad patents in front of administrative judges with technical expertise—the Patent Trial and Appeal Board. These proceedings are much cheaper and faster than trials in federal court for both sides. They improve the patent system’s ability to promote innovation by providing an efficient way to cancel patents that should never have been granted in the first places.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Don't Let the Collapse of News Companies Be the Collapse of Information (or Ascent of Misinformation)

    We're growingly concerned that the collapse of the mainstream media will entail reliance not on reliable and independent alternatives but corporate marketing agencies, charlatans and frauds, sometimes even deliberate falsehoods and state-manufactured bogus stories



  2. When Police Gets in the Way of Investigations, Having Used Microsoft Products to Investigate Microsoft Issues

    In this long article we outline barriers we’ve come across in pursuit of information from the police (the pedophilia arrest at the mansion of Bill Gates — followed by conviction and arrest — has thousands of pages about it, but since September the police has shared not even one!)



  3. Guest Post: Free Software is About Software Ownership

    "In effect, companies will lose control and profit. Will they accept that?"



  4. IRC Proceedings: Monday, January 27, 2020

    IRC logs for Monday, January 27, 2020



  5. Links 27/1/2020: Linux 5.5 is Out, Work on Linux 5.6 Commences, New Solus and Award for Andrew Tridgell

    Links for the day



  6. EPO: Goodbye to the Rule of Law and Hey Hi, AI!

    The EPO’s embrace of buzzwords — no longer a unique EPO strategy (it has already spread elsewhere) — puts examiners in a very bad position and they’re grappling with nerve- and mind-racking dilemmas (risk of unemployment for truly upholding the EPC)



  7. IRC Proceedings: Sunday, January 26, 2020

    IRC logs for Sunday, January 26, 2020



  8. Links 26/1/2020: MuseScore 3.4 Released, New Kate Icon and Solus 4.1 Fortitude Available

    Links for the day



  9. MIT and Microsoft Have Done Nothing to Actually Tackle Pedophilia and Ephebophilia

    MIT never actually resolved the issue that caused Joi Ito, Richard Stallman and others to be ejected; Microsoft meanwhile continues to profit from life-changing abuse (while seeding puff pieces in friendly media, just to pretend otherwise)



  10. Opinion: If You Advocate Population Control and You Are Yourself Doubling in One Single Generation, Then You Might be Hypocritical

    People with 3-5 children (each) tell us that the world has an overpopulation problem; while the growth of the population certainly poses a risk, these people lack the moral authority to lecture us about that (unless they adopt a eugenicist worldview, wherein only particular people are permitted to reproduce)



  11. IRC Proceedings: Saturday, January 25, 2020

    IRC logs for Saturday, January 25, 2020



  12. Nothing Has Truly Changed Since Netscape and Antitrust

    The same old crimes persist, as well as the blatantly anticompetitive behaviour



  13. When the Monopolists and the Patent Litigation Industry Hijack the News They Control the Narrative

    Money buys perception and litigation firms have certainly 'bought' the media coverage, which fails to convey the issue at stake and instead paints a rational court decision as tragedy for "innovation" (by "innovation" they mean monopolies on nature and on life)



  14. Links 25/1/2020: OPNsense 20.1 RC1 and DXVK 1.5.2

    Links for the day



  15. The Linux Kernel is No Longer Free Software?

    Gardiner Bryant, the creator of The Linux Gamer as well as The Off Topical Podcast, reacts to our articles about DRM in Linux (he even pronounced my name correctly)



  16. Sometimes Proprietary Software is Proprietary (Secret) Simply Because It is Not Good and Obfuscation Helps Hide Just How Ugly It Is

    Why nonfree (or proprietary) software generally fails to catch up with Free/libre software — at least on technical grounds — and then makes up for it with marketing and FUD offensives (discrediting perfectly-functioning things, based on their perceived cost)



  17. IRC Proceedings: Friday, January 24, 2020

    IRC logs for Friday, January 24, 2020



  18. Links 24/1/2020: GNU/Linux in Russia and More New Openings

    Links for the day



  19. When EPO Press Coverage Boils Down to Lobbying, Press Releases, EPO Lies, and Bribery

    Any attempts to properly assess and explain what happens in Europe's patent landscape are being drowned out by EPO-bribed and law firms-connected media; to make matters worse, the EPO's bribes have expanded to academia, so even scholarly work in this domain is corrupted by money of special interest groups



  20. IRC Proceedings: Thursday, January 23, 2020

    IRC logs for Thursday, January 23, 2020



  21. Links 23/1/2020: Qubes OS 4.0.3, EasyOS 2.2.5, GhostBSD 20.01

    Links for the day



  22. Passion of the Microsoft

    A rough timeline of Microsoft’s interactions with Linux and the Linux Foundation since 2015



  23. The Patent Microcosm is Really Panicking as European Patents on Life and Other Spurious Junk (Invalid Patents) Are Successfully Rejected

    European Patents (EPs) may be revoked en masse if what we're seeing is the gradual emergence of 'European Mayo' (and maybe soon 'European Alice')



  24. Distractions From Microsoft's Gigantic Tax Evasion and Contribution to Denial of Climate Science

    Microsoft (connected to oil companies) wants us to think of it as a "green" company; not only does it contribute to climate denial but it also evades tax, which is a serious crime that costs tens of billions of dollars (the public pays this money instead)



  25. Confirmation: System1/Startpage Offered Pay to People Who Pushed for (Re)Listing in Privacy Directories

    The debate is now settled; those arguing in favour of listing Startpage as privacy-respecting are in fact secretly 'compensated' by Startpage (in other words, they're Startpage 'shills')



  26. Vandana Shiva: “Bill Gates is Continuing the Work of Monsanto”

    A recent interview on what Bill Gates is really up to in that sham ‘charity’ of his



  27. IRC Proceedings: Wednesday, January 22, 2020

    IRC logs for Wednesday, January 22, 2020



  28. Extending Linux With DRM, Azure and exFAT

    An insufficiently 'conservative' Linux ceases to be freedom-respecting



  29. Linux Foundation (LF) Now Dominated by Lots of Microsoft People and LF Chiefs Join Microsoft in Smearing GPL/Copyleft

    We continue to see additional evidence which serves towards reinforcing our view that the so-called 'Linux' Foundation is actually hostile towards many things that are associated with Linux (unlike those looking to exploit/hijack Linux for proprietary ends)



  30. Links 22/1/2020: Wayland 1.18 Alpha, ODF 1.3 Approved

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts