Bonum Certa Men Certa

Why Klaus-Heiner Lehne Lobbies for Software Patents (Money of Course)

Klaus-Heiner Lehne
Klaus-Heiner Lehne / Source: Europa.eu



Summary: A look at one of the software patent culprits, who advances personal agenda at the expense of Europe's

WHEN it comes to software patents in Europe, lobbyists in their favour are rarely people who work in the software industry. Rather, they are lawyers, lobbyists, and software monopolies that hire lobbyists like CompTIA and ACT.



'Lehne was a partner at Taylor Wessing, which advises clients [on] "software patents"'
      --Benjamin Henrion, FFII
Klaus-Heiner Lehne has been a key lobbyist for software patents in Europe and his conflicts of interest have been known for a while. We wrote about him here and discussed his position a little further in this post about Bilski. Lehne was one of the MEPs pushing strongly for software patents and in 2007 we cited an analysis that said: "It now appears that Lehne works as a Brussels lobbying consultant for multinational corporations who are the main clients of one of the leading lawfirms for patent litigation in Europe, which is also itself involved in patent lobbying and closely connected to lobbying organisations."

"Lehne was a partner at Taylor Wessing, which advises clients [on] "software patents"," explained Benjamin Henrion (the president of the FFII) a few hours ago. "Taylor Wessing’s clients include SAP," he alleges and here is the full document [PDF] which in page 96 says: "Kauppi, in fact, only just pipped two of her colleagues to the title for ‘Worst Conflict of Interest’ in the public vote. The runners-up were British MEP Caroline Jackson and Germany’s Klaus-Heiner Lehne."

Later on the document gives many more details about Lehne's role:

Patently absurd?



Just behind Jackson in the public vote for the Conflict of Interest Award was German lawyer and MEP Klaus-Heiner Lehne, a member of the European Parliament’s Legal Affairs Committee. Lehne has been one of the most influential backers of the EU software patents directive which, according to critics, granted large corporations stronger intellectual property rights over software. At the same time Lehne was a partner at the law firm Taylor Wessing, which advises clients “on patenting strategy in the software sector”.16 Taylor Wessing’s clients include SAP, the world’s largest business software company.17

Lehne sees no conflict of interest in being an MEP involved in EU patent legislation and acting as a lawyer to clients on patents. “Being a lawyer and being an MEP in the Legal Affairs Committee of the Parliament is normal”, he says.18

An influential MEP who worked with Lehne on the patents directive is the British Liberal Democrat MEP Sharon Bowles, who is a patent lawyer19 and a partner in a patent firm (along with her husband Andrew Horton, a European patent attorney).20 Critics ask if it is possible for Bowles to “see the other side of the debate” given that she is so in favour of patents. Bowles maintains that there is no “conflict of interest with me being an MEP and a patent lawyer, as I am not practising. Technically I do maintain my ability to practise because of my partner in the business, my husband”.21

Another influential player in the software patents directive debate was the ‘Campaign for Creativity’, which won the 2005 Worst EU Lobbying Award.22 The man behind the campaign, Simon Gentry, noted that Sharon Bowles had been key as she had “excelled in putting the case for our side of the argument”.23 Bowles did not like being criticised about her commercial links and rather dramatically likened her critics to the “forces of evil”.24

[...]

16 Taylor Wessing, Patents, brochure, 2006.

17 In 2005, a spokesman for SAP denied working with Taylor Wessing. However information supplied by SAP to the website ‘Virtual law’, lists SAP as a client of Taylor Wessing. http://www.virtuallaw.eu/taylor-wessing.html

18 Klaus-Heiner Lehne, email to Andy Rowell, 17 June 2008.

19 Sharon Bowles, Declaration of Members’ Financial Interests, 2006.

20 According to Bowles biography on Liberal Democrat website.

21 Sharon Bowles, interview with Andy Rowell, May 2008.

22 See the website of the 2005 Worst EU Lobbying Awards: http://www.worstlobby.eu/2005.

23 Corporate Europe Observatory, How the Campaign for Creativity morphed into the Innovation and Creativity Group (Amsterdam: November 2006).

24 Sharon Bowles, interview with Andy Rowell, May 2008.


Why is Lehne still serving in the parliament? He obviously does not serve Europe; instead he is serving his own bank account and colleagues.

Recent Techrights' Posts

Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
 
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024