Bonum Certa Men Certa

Patents Roundup: Attack on Science, Lobby for Software Patents in EU and India, More Rebellion

EPO backlash



Summary: Scientists are repressed further by lawyers, so there are new calls to fight back and restore freedom of thought

THIS post is a very quick roundup of stories that are too important to miss, even if most "Linux"/"open source" Web sites totally ignore these peripheral issues.

An Attack on Human Knowledge



Free software is based on a scientific premise. It's not one of cost; it's to do with maximising value (measured in terms of productivity), reducing duplication, sharing of ideas, and exchange of output. Over in South Africa, this entire paradigm is under attack at the moment. The culprit? The fiend which is intellectual monopoly rights.

IPR Bill Regulations promulgated - the death knell for open science in South Africa?



[...]

The Department of Science and Technology has published the Regulations for the implementation of the IPR Act of 2008. These have serious implications for researchers and the universities and research institutions they work in and even more dire implications for open access and open innovation in South Africa.

I set out below my preliminary reading of what these Regulations might mean.


Another garbled mess of intellectual monopolies is the ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14], whose impact on patents is going to be worse than what we already expect. How do we know? It's coming straight from the European Commission right now:

The EU Commission is “committed to improve the international legal framework for IP protection” and sees “ACTA as one way to reach that goal,” Devigne said. There was no intention to duplicate TRIPS. Rather, “we want to go beyond it,” he said, adding, “TRIPS is the floor, not the ceiling.”


TRIPS is the element of ACTA which is associated with patents.

Sneaking Software Patents Into Europe, India



"Value your freedom or you will lose it, teaches history." These were the words of Richard Stallman who added:

'"Don't bother us with politics," respond those who don't want to learn.'

For those who are interested in the reality, it's worth paying attention to what happens in Europe at the moment. Mega corporations try to legalise software patents without a democracy and Microsoft happens to be among the those who are guilty of it. The Stop Software Patents Web site has just published details about an upcoming conference in Europe: "Conference on 'Make software patents work for SMEs'"

The European Commission is organising a conference dedicated to "Make IPR work for SMEs" next Monday in Brussels. You can submit your questions by email to me for next Monday on how to "Make software patents work for SMEs". I might be interested to submit them.


Patents are never for SMEs. They are for patent lawyers, patent trolls (sometimes the same as lawyers), and monopolists who guard their territories using barriers to thought and ideas, not just implmentations.

Over in India, we are seeing what we already see in Europe. Remember Brimelow and her "as such" trap? In India, rather than "as such", they have "per se". A Red Hat employee has just explained what he calls "The 'computer programme per se' conundrum."

Under the foregoing definitions, a claim that merely recites software elements without any reference to hardware is per se unpatentable. If a claim recites both software elements and hardware elements, but the hardware elements amount to nothing more than reference to the components of a general purpose computer on which the software is executed, or an information storage medium in which the software is stored, such that the only possibly inventive aspect of the claim resides in the software elements, then the claim is not patentable.


There is an ongoing attempt to push software patents into Indian law [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12]; Microsoft and its partners in India are a major force in this reckless, selfish lobby.

Enough is Enough



More and more groups are rising against this abuse from the patent offices. In the recent protests which took place in Germany, Richard Stallman called the EPO "corrupt" and "malicious". If the EPO stands in people's way, Stallman argues that we should "get rid of it too." Joining Stallman in the protests were not only activists against software patents but also protesters from Greenpeace, who are sickened by patents around life and animals. Here is another new article about it.

Monsanto Company, already a world powerhouse in biotech crops, is shaking up the swine industry with plans to patent pig-breeding techniques and lay claim to the animals born as a result.


As we mentioned a few days ago, an Op-Ed in The EETimes called upon engineers to go on a patent strike. Mike Masnick agrees and elaborates:

Basically, his argument is that most engineers recognize how harmful the patent system is, but are pushed into patenting by lawyers and management, and the only way to get the message out is to stop assisting with anything having to do with patents.


It's time to fight for the right to think and to share ideas freely. There is money to be made by a small minority by creating barriers to sharing (i.e. scarcity) and then selling access. This small minority is rarely engineers and it's very parasitical, naturally.

"On behalf of the Comptroller it is also said that it would be difficult for a third party to search for prior art programs. This is for two reasons. Firstly there is simply not a body of suitable literature about computer programs which can be searched. Secondly much of the prior art will consist of actual computer programs and the outsider will generally find it impossible to understand how these work without the source code – which is normally kept confidential." —UKIPO, Bailii: Symbian Limited and Comptroller General of Patents

Recent Techrights' Posts

Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
 
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026
Gemini Links 23/08/2026: Turning 60, PineTime, and Simulation Hypothesis
Links for the day
Will Your "Modern" New Car Still be on the Road in 2060?
Are people now expected to change a car as often as they replace a mobile phone and, if so, how fast would costs add up?
The Sniff Test
Be sceptical of "CoCs"
Cloudflare Sees a Quarter of Requests in China Coming From GNU/Linux Today
Will 23% ever be the average for GNU/Linux rather than a mere peak?
You Can Lose Some Battles and Still Win the War
Winning or losing isn't something for a scoreboard
GNU/Linux Usage Measured at 23% in Russia Today
the average was almost 10%
Things Not to Fear Missing Out on
Life is too short to pay attention to social control media
Gemini Links 23/08/2026: Exercising Again, Tackling Phone Addiction, and Putting Graal Online Back Online
Links for the day
Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day
Links 22/08/2026: Prince Harry, Elton John and Others Pay High Price for Frivolous Litigation in the UK
Links for the day
'Voluntary' Mass Layoffs at IBM/Red Hat
IBM does not want people to notice what truly goes on there
Another Round of GAFAM Layoffs, This Time Apple
Now Apple "is shutting down an entire Vision Pro team focused on developing gaming features for the mixed-reality headset."
Gemini Links 22/08/2026: The Bodyguard (1992), Minimalism, Backups, and IPFS
Links for the day
SLAPP Censorship - Part 158 Out of 200: Making Alliances With Men Arrested for Strangling Women Was Always a Terrible Strategy
They work for American slop companies
Links 22/08/2026: TikTok Settles With Feds, Harms Caused by Social Control Media Gaining Attention
Links for the day
New Data Shows Microsoft's XBox is Really Dying
XBox is a "burning platform"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 21, 2026
IRC logs for Friday, August 21, 2026