Bonum Certa Men Certa

Many Thanks to Free Software, the Demise of Software Patents (in Europe and the US), and So Much More

Thank you



Summary: On a positive note we're heading into the end of November, one month before Boxing Day; we take stock of patent affairs that impact software developers

ACROSS the United States people celebrate a holiday that we do not have here in 'Englandia'. Except of course the shopping-related offshoots (cyber Mondays and black Fridays -- whatever they even have to do with holidays when we're still in national/nationwide lock-down).



"Enjoy the long weekend, don't shop ("consume") too much, and don't believe anything Team UPC says."This coming (long) weekend we'll be doing some site housekeeping, having 'earned' some rest after 29,000+ blog posts. We're motivated, not tired. Exhilarated, not demoralised.

What happened today in Germany was not a surprise; neither to me nor to Benjamin Henrion, among many others (we correctly predicted this outcome). Daily Links have some coverage from Team UPC, but we will write about the latest on the subject when the constitutional complaint comes (we're rather certain it'll arrive soon). Team UPC is, as usual, using Trump-style hype and premature victory laps in an effort to gaslight and demoralise otherwise rational people. António Campinos of the EPO did the same in the afternoon, but even his own workers don't believe a word that comes out of his mouth.

FFII is crowd-sourcing and crowd-funding a complaint and we also expect the famous Düsseldorf attorney/lawyer to say something. People expect a complaint from him, not just from FFII, and various other parties will likely step in (at some level or capacity). We expect to see some frustrating times for Team UPC ahead of us, e.g. get ready for the FCC... actually dealing with the actual substance this time around (a key Justice already publicly insinuated it would likely come next).

Benoît Battistelli is thankful to lobbyists (CEIPI has long wanted and attempted to profit from UPC courses, even if UPC does not exist) and those who think legislation can be magically retrofitted to bypass Brexit are in for a surprise. Also, those who think they can introduce a new court system to authorise software patents in Europe (without the highest court in the EU getting involved) are simply dreaming.

Thank youIt was almost 24 months ago (2 years) that the U.S. Patent and Trademark Office (USPTO) attempted to crush/bypass 35 U.S.C. €§ 101. Not only will Biden replace the current USPTO leadership (it seems inevitable); in the meantime the Federal Circuit only doubled down on 35 U.S.C. €§ 101/Alice. Coons and his friends made no progress with a Congressional bypass and the Patent Trial and Appeal Board (PTAB) continues to handle inter partes reviews (IPRs), habitually crushing American software patents. So we're generally still in a good position. Not perfect, but not too bad, either.

Enjoy the long weekend, don't shop ("consume") too much, and don't believe anything Team UPC says. They've been lying to us all for well over a decade; it's not like this week their lies miraculously stopped.

Recent Techrights' Posts

Why Cyber Resilience Act (CRA) Won't Work
American companies don't follow laws, they work around them
Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
 
Earlier This Year Microsoft's Chief Liar Frank Shaw Lied About the Layoffs. Now He's Leaving.
he's nowhere near retirement age
Gemini Links 11/09/2026: Small Things and "Hitching Your Wagon"
Links for the day
Links 11/09/2026: Tristan Buckmaster Ripped Off by Slop, Social Control Media Spreads Hatred for Profit
Links for the day
Animals Smarter Than Chatbots
Quack quack goes the chatbot
IBM Isn't Reporting Layoffs, But It Removes Tens of Thousands of People From Its Workforce
Red Hat and IBM already mark people for removal
"A Tale of Two Antónios" Will Resume Soon
In November the site turns 20
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day
Links 10/09/2026: Facebook Unsafe for Kids, Fake Songs (Against Right of Publicity, CG Forgeries Basically) a Growing Problem
Links for the day
Rust is Financially and Technically Controlled by Microsoft. Rust Foundation is a Front for Microsoft's Proprietary Software.
Rust is not and has never been about security
Gemini Links 10/09/2026: "I Don’t Want to Interact With Stochastic Parrots" and "ROOPHLOCH 2026!"
Links for the day
What the British School Closure (BSN Senior School Leidschenveen) Means to EPO Staff
The only European thing about the EPO is the staff
Standing in Solidarity With Matt Mullenweg
I don't trust the people and companies that want Mullenweg out. Neither should you.
Links 10/09/2026: "Smear Campaign Says Anti-Flock Movement Is Chinese Propaganda" and "Flock Employee Calls Cops on Reporter Filming Them"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 09, 2026
IRC logs for Wednesday, September 09, 2026
IBM's Senior VP of Infrastructure is Out, Silent Layoffs Still Going On
Some people imagine the CEO will also "retire" very soon (and "ahead of time")
Gemini Links 09/09/2026: Mechanical Cameras, "Super App", and Prusa Issues
Links for the day
SLAPP Censorship - Part 177 Out of 200: Manosphere Without Financial Transparency
It has moreover replaced a female worker with a male
Deadline Tomorrow (10th of September) to Appeal the EPO's Fleecing of Staff (Union to Make Legal Challenges)
Join them. Fight the good fight.
linuxstans.com Died, Then Came Back as Slop (LLM Junk)
Don't make the mistake or the assumption that merely 'dabbling in' or 'experimenting with' LLMs can be forgivable as it is a trust destroyer
Links 09/09/2026: GAFAM Fatalities in Miami International Airport, "Britain’s Health Crisis Is Becoming a Political Crisis"
Links for the day
Gemini Links 09/09/2026: "Adjective Is Subjective" and Walled Gardens
Links for the day
Plagiarism is Hardly a New Problem, It Predates Mainstream Media Getting Paid to Whitewash It as "Training" or "Hey Hi", Then Conflate Plagiarism With "Intelligence" or Deferred "Value"
"Quantum" isn't new either; it's a 'circle-jerk' for companies without direction, only hype
Links 09/09/2026: Airport 'Down' (Glasgow and Edinburgh), 'Open' 'AI' Losses Rise to Pace of 50 Billion Dollars in Losses Per Year
Links for the day
Unsafe at Any Speed, "Modern" Appliances
Appliances have gotten worse
SLAPP Censorship - Part 176 Out of 200: The Sex-Obsessed Non-Experts
We heard some sexual stories
European Patent Office (EPO): No Transparency and No Paper Trail
The incompetence is that of the management, i.e. sheer incompetence of people who never examined a patent in their entire lifetime
Gemini Links 09/09/2026: Going Out, Smartphone Addiction, Mapping the Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 08, 2026
IRC logs for Tuesday, September 08, 2026