Bonum Certa Men Certa

Microsoft Lobbyists Abound for Software Patents in Europe

A

s we emphasised yesterday, Microsoft's plan for 'interoperability' excludes the GNU GPL, by design. In essence, this is achieved using what Microsoft proudly calls "licensing", which requires payments for the use of protocols that have become very prevalent. The issue at hand was also described in the following short blog post from yesterday.

After Microsoft went public with its patent licensing specs the other day, I took a closer look at the agreements you have to sign -- and the cash you have to fork over. To license patents from any one Microsoft product, you need to pay $10,000 up front, no questions asked, on top of per-copy-sold duties for your product.

It's about what I expected from Microsoft. Good on them that they allow you to peruse and make use of the protocols without charge if you just want to work with them privately and not develop something that's going to be released to others. But everything outside of that requires payment -- and that $10K entry dues per Microsoft product is a great way to keep all of the noncommercial open source players out of the game.


Most observers are likely believe that people in Europe are unaffected by this because software patents have no merit, but Microsoft plays this game in a US-centric way, as illustrated by the Samba story, especially last year [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. Moreover, Charlie McCreevy has plans for what they call "harmonisation" (a very deceiving and cheeky word). His involvement is further described in this new article from IAM Magazine.

And alongside a Community patent we need a single European patent jurisdiction through which we can end the current patchwork of often contradictory decisions in patent cases handed down by national courts. On top of this, just three years ago the Commission was telling us that we needed a Computer Implemented Inventions directive to harmonise the treatment of software patents, again to help SMEs and to provide certainty in the software market. In short, the Commission tells us that patents are good and patents are vital to Europe’s prosperity.

[...]

So, a go-getting and smart European SME may well have invested significant time and money in developing world-class software. It may have followed the advice of commissioners McCreevy and Verheugen to get patent protection, but when it comes to putting that software into a potentially lucrative pan-European project, it’s no can do.


But wait. That's not all. Some Microsoft lobbyisys we have come to know years ago, Jonathan Zuck and his agents, are once again pretending that small businesses are at stake.

Jonathan Zuck, president of the Association for Competitive Technology, said the EU scored an own goal with the document. "It aims to facilitate digital cooperation among European administrations, but in effect it excludes many well-established technologies from being used for e-Government services due to a narrow definition of open standards."


It was only yesterday that we wrote about CompTIA and other Microsoft pressure groups. Pamela Jones connects the observation above to the previous incidents. She wrote:

[PJ: Yup. The BSA and CompTIA are riding agin. Yippee-ki-yi-ay, it's a range war, and here comes the pr machine, and along with them dutifully ride some of the media. "The software industry" is expressing concerns? IP is being "sacrificed"? Or is it some fronts for Microsoft expressing concern? Take your pick. I'm pretty sure Red Hat isn't complaining, and they are part of the software industry, after all. And not even all the members of these organizations wish to be represented this way. Remember last summer in Australia when CompTIA claimed its members were for OOXML and IBM was stood up and said it was a member of CompTIA and it was opposed? So, CompTIA speaks for *some of its members* who I guess would rather have others speak for them. I seriously doubt IBM is worrying about the EIC or open standards. You can read the final draft of the EIC here and more about it here.]


We also wrote yesterday about WIPO yesterday, so you may wish to keep an eye on articles like this one. There's a lot of mystery around WIPO's plans.

The fact that the WIPO patent committee has decided to request the International Bureau studies on “exceptions from patentable subject matter and limitations to the rights, inter alia research exemption and compulsory licenses” and “patents and standards” is testament that the WIPO of 2008 is not the WIPO that invoked “Intellectual Property as a Power tool for Development”.

Here below is the Annex to the Summary by the Chair which lists the eighteen non-exhaustive list of issues for further elaboration and discussion in the future. This list includes such topics as “Economic impact of the patent system, Alternative models for innovation, Patents and health (including exhaustion, the Doha Declaration and other WTO instruments, patent landscaping) and Relation of patents with other public policy issues.”


In summary, as is hopefully demonstrated here, there's a great push from several different fronts for software patents in Europe. Without software patents, Microsoft's dream of taxing Free software are doomed to fail. It's an important battle to fight and important developments to keep abreast of.

Recent Techrights' Posts

Microsoft's "FUD-as-a-Service" (Against Linux) Not Functioning Well
This is the kind of contribution companies like Microsoft and Google have to offer to society
Betanews Becoming a Slopfarm is "Betanews Growing Alongside You", According to Betanews
Their first 'article' in over two weeks is 52% "AI-generated" (slop), 33% mixed (edited slop), 18% human-written, says an advanced scanner.
Double-Dipping the Docket for Microsoft Glory and Censorship of Microsoft Critics
same lawyer, same barrister, all US, all Microsoft
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 17, 2025
IRC logs for Tuesday, June 17, 2025
Links 17/06/2025: "The Grift Economy" and Kubernetes Does Proprietary
Links for the day
Coffee Day and LLM Sloppers
The LLM slop "bros" are a lot like fake-money bros; they lie to people, they boast that they lie to people, and they're generally bad people, BS artists in colloquial terms
TheLayoff Censorship of IBM Threads Has Gone Truly Ludicrous
we do not argue that TheLayoff should not cull LLM slop
More Stallmanites Added to FSF Board and Summer Fundraiser Commences
There's some good news from the FSF
Gemini Links 17/06/2025: Consistency and Notes About NixOS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 16, 2025
IRC logs for Monday, June 16, 2025
July 2 2025 Would Not be First Big Wave of Microsoft Layoffs Before Major National Holiday
July 2 or 3 mark the start of a very long weekend in the US
IDG's NetworkWorld Seems to Have Just Become LLM Slop
If IDG (now controlled by China) does that in at least one site, why not the rest? Only a matter of time?
Gemini Links 16/06/2025: Free Lunches and Bookmarklet for Mastodon
Links for the day
Gemini Protocol Turns 6 on Friday
Active (online) Gemini capsules are estimated by Lupa at over 3,000
IBM: Less Than a Month's Severance for Each Decade of Service
Yes, decade!
Taking a Lesson From Denmark and Greenland? Iceland Shows New Lows for Windows, All-Time Highs for GNU/Linux
If Microsoft sabotages systems of judges at the Hague (in order to appease the insane man who wanted to invade Greenland), why won't its neighbour Iceland take note?
BetaNews Has Just Deleted Its Latest 'Article' or Got Cracked Again and Restored From Outdated Backup Again
BetaNews seems to be in some serious trouble right now
Software Freedom is "Activism" Because the Corporate Agenda Revolves Around Bribery, Deceit, and Betrayal
At the end Software Freedom will win because it's on the same side as truth and lawfulness
The EPO, Europe's Largest Patent Office, Admits Outsourcing to Microsoft Slop
Their sole goal is to make more money
Links 16/06/2025: EchoLeak and NASA Teaming up With India
Links for the day
The Better the Understanding or the More Nations Understand the Threat Posed by Microsoft, the Faster It'll be Eradicated
We believe that the thing to advocate is self-hosting and Free software... A lack of simplicity or absence of alternatives is a form of vendor lock-in
A Week of Sunlight
They say transparency is like sunlight to a vampire
"Linux" Sites That Went Astray
there are even worse things than shutdowns
Links 16/06/2025: Climate, Wildfires, Breaches, and Monopolies
Links for the day
Links 16/06/2025: Summer in Finland and Misunderstandings
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 15, 2025
IRC logs for Sunday, June 15, 2025