Bonum Certa Men Certa

EPO and the Swiss Department of Justice Want to Make Some Free Software a Crime

Mobility



Summary: Criminalisation of Free(dom) software still on Europe's agenda due to patent law and cybercrime debate

NOW THAT the president of the EPO resigns, voices of dissent will have more ammunition with which to show that the EPO is heading the wrong way. As one person puts it, the EPO is just putting lipstick on an old pig that got rejected and it also permits patents (i.e. monopolies) on real pigs in the process.

Do you remember Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs? The Directive which requires EU members to protect computer programs as literary works and to provide for interoperability, decompilation and the making of back-up copies? Well, it is being repealed and re-enacted in consolidated form because a sufficient number of amendments have been made to it. It has now become Directive 2009/24/EC of 23 April 2009 on the legal protection of computer programs.


This law essentially forbids the distribution of Free software, making it illegal by imposition of scarcity on ideas (not implementation, which is already covered by copyrights quite successfully).

Glyn Moody highlights a response from the FSFE and in another writeup he discusses the silliness of it all, alluding to Alison Brimelow's "as such" trickery.

As readers of this blog will know, software cannot be patented in Europe “as such”; quite what that wretched “as such” means is the subject of major arguments. As I noted earlier this week, the European Patent Office is currently conducting a consultation into that and much else concerning the patentability of software, to which it is relatively well disposed.


Mike Masnick weighed in on the same topic, namely the phasing in of software patents via the UK (where Brimelow is from).

Rather than just saying "uh, the courts said so," it claims that it allowed the patent because it's "more than just a software program," saying that the invention was a "technical contribution." Apparently, the new rules mean that as long as software makes a "technical contribution" it can be patented. But... uh... what software doesn't make a "technical contribution" of some sort


Speaking of software patents, here is another attempt to use laws to criminalise some Free software (as if law alone will actually prevent possession of binaries and code rather than just daemonise it).

The Federal Department of Justice and Police recently proposed to introduce legislation illegalizing so-called €«hacker tools€» in Switzerland as well. However, the proposed paragraph deviates massively from the original European cybercrime convention which it attempts to implement. Consequently, the legislation would not only outlaw €«hacker tools€» which can be used only by evildoers breaking into other people’s machines without permission, but in fact any type of tool used to test or ensure system security (such as Nessus, Metasploit, or even simple administrative tools used for network debugging, such as tcpdump, snoop or wireshark).


It's already 'enforced' in the UK and Germany. To be sarcastic, cybercriminals will surely be terrified by the thought of just possessing 0s and 1s, never mind the actual crime that they commit.

As DRM teaches, policing this is impossible and it only ever harms the innocent. Cybercriminals don't obey laws pertaining to neither conduct nor possession; that's what makes them criminals in the first place.

Recent Techrights' Posts

European Patent Office (EPO) Series: Battistelli's "Baltic Crusader"
Gilles Requena, Battistelli's erstwhile "Baltic Crusader" and the loyal servant of his successor Campinos
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 14, 2026
IRC logs for Sunday, June 14, 2026
Links 14/06/2026: Energy Cost and Reality Strikes at Heart of Slop Bubble, 75 Data Center Build-outs "Successfully Blocked"
Links for the day
Microsoft CEO Says XBox is Not a Sustainable Business
"Now, we have to turn this into a sustainable business," he said about XBox
MElon (MUSK, Elon) is a Trillionaire Like Penguins Are Mammals
Have media outlets told the truth?
Unlikely Heroes
One personal hero who is not alive (anymore) is Navalny
Bruce Schneier Was Probably Wrong About Slop
Right now politicians who openly speak in favour of slop are committing "political suicide"
SLAPP Censorship - Part 106 Out of 200: 100 Kilograms of Legal Papers
When one party's communications and filings weigh at about 3 KG of paper and another's... at about 100 KG of paper
Links 14/06/2026: More Google Layoffs, Wall Street Deems Companies That Lose Money "Worth" Trillions
Links for the day
Gemini Links 14/06/2026: "The Universe is a Hologram", "Matrix Brain Download", and "Happy 0th Year"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 13, 2026
IRC logs for Saturday, June 13, 2026
Links 13/06/2026: University of Nottingham Confirms Data/System Breach, Courts Fuming at Fraudulent Lawyers Who Fling LLM Slop at Them
Links for the day
Gemini Links 13/06/2026: World Cups and 做人
Links for the day
Microsoft's XBox "Bloodbath" Seems to Have Already Begun (Informally), Studios Allegedly to Face Shutdowns, Layoff Notices Handed Out, 100% Layoffs in Some Cases, 10% in Others or on Average
So is a complete closure/shutdown imminent? (Compulsion Games in this case)
Discussing Morale at IBM and Conversations Regarding IBM Layoffs (Disguised as Other Things)
Trolling can be a form of censorship
European Patent Office (EPO) Series: All the President's Men
Gilles Requena,Patrice Pellegrino, and Sandro Mendonça
SUEPO Elections Coming Up, Union Leaders at Europe's Second-Largest Institution (EPO) to be Determined Soon
The staff union of the European Patent Office (SUEPO) is having an election soon
SLAPP Censorship - Part 105 Out of 200: When Bad Legal Advice Results in Your Client, Dale Vince, Ordered to Pay £600k - or 801,930 United States Dollar (USD) - to the Person Frivolously Sued (Lord Bailey of Paddington)
"A judge has ruled that Dale Vince must pay punitive costs to Lord Bailey of Paddington, the Tory peer, over the 'unexplained abandonment' of his" SLAPP
How Long for Can American Taxpayers Justify Bailing Out Microsoft?
How many times need the American taxpayers give Microsoft money for vapourware that's neither necessary nor delivered?
IBM is Importing/Exporting Corporations' Regime of Censorship (Hiding the Wrongdoing) to Free Software Communities
Is IBM protecting criminals in the name of "manners"?
Links 13/06/2026: Microsoft’s XBox Crisis and "Apple Deepfakes"
Links for the day
Gemini Links 13/06/2026: Why Humans Are Mostly Right Handed and "Getting Things Done"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 12, 2026
IRC logs for Friday, June 12, 2026