Bonum Certa Men Certa

Lawyers Try to Marry Free Software and Software Patents in Maastricht University (Brussels)

Fishing for money



Summary: Lawyers in Europe strive to net some extra money by promoting "interoperability" (with software patents) rather than making use of open standards

EUROPEAN lawyers are trying to repeat the mistakes of the USPTO, which is permitting the patenting of business methods, software patents, and other insane things that must never become one person's government-protected monopoly. Look at the latest numbers from the USPTO. There is clearly a gold rush when everything under the sun becomes patentable and examiners mistake that for "increased innovation" or whatever. From Patently-O:



The USPTO issued more patents during the past two weeks than in any fortnight in history. A primary driver of that upswing appears to be a dramatic rise in the allowance rate.


Lawyers who make a living by granting and managing people's 'ownership' of other people's lives are concerned about the Bilski case, which may axe many patents and limit their scope in the United States.

Betting on Bilski: The Supreme Court and Biotechnology Patents



[...]

Reviewing Bilski and the Biotech Patent Landscape. Recall that Bilski involves a form of method patent (the so-called “business method” patent) that claims a method of hedging commodities prices by setting up a relationship between a regular seller (a coal mine, for example) and regular buyer (a power company). The question is whether such a method constitutes patentable subject matter—that is, is the Bilski method the sort of “new and useful process, machine, manufacture, or composition of matter” that meets the standards of Section 101 of the Patent Act. In its 2008 en banc decision, the Federal Circuit established—or re-established, since it had been lurking in the case law for years—the so-called “machine or transformation” test for method patents. Under this test, the method must be tied to a particular machine (whatever that means) or transform some article into a different state or thing in order to qualify as patentable subject matter. According to the Federal Circuit, Bilski’s patent failed both branches of the test.

By contrast, in its 2009 decision in Prometheus v. Mayo, the Federal Circuit upheld a patent on “a method of optimizing therapeutic efficiency for treatment of an immune-mediated gastrointestinal disorder.” The method comprises “administering” a specified drug to a patient and then “determining” the level of the drug in the patient. The remainder of the claim specifies threshold levels of the drug’s metabolites (the chemical products of metabolism in the body) in the patient’s blood below which the dose should be increased (because of lack of efficacy) and above which it should be decreased (because of potential toxicity). The court found that both administering the drug and determining the metabolite levels (by withdrawing and testing blood) worked a sufficient physical transformation of the body.


Greed, greed, greed.

Those lawyers are always greedy for more and more patents. They don't care about the consequences as long as they enrich themselves through filing and litigation.

Obviously, lawyers in Europe want software patents. They don't actually develop any software, but it's not software they care about. It's all about money and Free software supporters stand in their way in Europe*. So what do they do? They have just set up yet another event whose overall message is something along the lines of, "why can't Free software and software patents just get along?"

Read the following new message (it's always posed as a series of suggestive questions. as in push polling):

From: Cristina Palomares Subject: REMINDER: Intellectual Property, Open Source, and Standards: Friends or Foes? To: [redacted]

Intellectual Property, Open Source, and Standards:

Friends or Foes?

Date: Tuesday, 1st June 2010

Time: 9:30-12:30

Venue: Maastricht University Campus Brussels, Avenue de l’Armée / Legerlaan 10, 1040, Brussels

The Institute for Globalisation and International Regulation at Maastricht University Faculty of Law and the Stockholm Network Intellectual Property & Competition Programme are delighted to invite you to a forum and debate on "Intellectual Property, Open Source and Standards: Friends or Foes?

The importance of standards to our societies is growing as technology moves into increasingly complex territories, and competing companies are inclined to establish common ground. This common ground helps to ensure that the assortment of technological possibilities is kept to a necessary minimum, whilst also establishing a widespread level of compatibility and quality. Standards offer a shared language that technologies use to communicate with one another, allowing for greater interaction between products or components. This can mean improved interoperability, interconnectivity, and commoditisation – all buzzwords for a more beneficial market.

“How should we consider the relationship between patents and standards, and what are the implications of not allowing standards to be protected by IPRs?”In the discussion on standards, a distinction (and at times even a dichotomy) is often made between standards based on proprietary efforts - which are to be protected by intellectual property rights - and standards that are based on collaborative or open efforts - such as via an open source. Indeed, there is a heated Europe-wide debate on the nature and characteristics of future technological standards, not least in the context of government procurement and policies in this area (such as the Expert Panel for the Review of the European Standardization System).

This event aims to address some of the burning issues in the standards debate. Key questions to be discussed include: Should standards be based on open-efforts or on proprietary models? Should countries in Europe opt for a more specific model of standardisation? How should we consider the relationship between patents and standards, and what are the implications of not allowing standards to be protected by IPRs? Is the dichotomy between open and proprietary standards at all justified, or are these types of standards in fact complementary?

Speakers include (in alphabetical order):

Ms Helen Disney, Chief Executive, Stockholm Network; Malcolm Harbour MEP, Chairman of the Internal Market and Consumer Protection Committee, European Parliament; Prof Anselm Kamperman Sanders, Director Masters Intellectual Property Law and Knowledge Management, Maastricht University Faculty of Law; Dr Meir Perez Pugatch, Director of Research, Stockholm Network & Senior Lecturer, University of Haifa; Dr Dalindyebo Shabalala, Assistant Professor, Maastricht University Faculty of Law; Prof Alain Strowel, Universitaires Saint-Louis et Université de Liège; Prof Damien Geradin, Partner at Howrey LLP and Professor of Competition Law and Economics at Tilburg University.

***************

To RSVP please contact Dr Cristina Palomares, Chief Operating Officer, Stockholm Network on T +44 20 7354 8888, F: +44 20 7359 8888 or via e-mail on: cristina@stockholm-network.org



Speakers who are software developers are conspicuously missing. Whose agenda is being served here? See what we wrote about Europe's Digital Agenda in recent days [1, 2, 3]. The agenda above jives the same way.

People should boycott this event. It's apparently just a ploy to push for software patents in Europe, quelling those who oppose. A fair event would not be stacked by its attendees. ____ * Small- and medium-sized businesses generally suffer from software patents, but they can tolerate patent encumbrances if they are proprietary software companies.

Recent Techrights' Posts

British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
 
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026