Bonum Certa Men Certa

Patents Roundup: EU Patent Deform, MPEG-LA, OIN, New Zealand, and Patent Trolls

Yellow flagpoles



Summary: Remarks, analysis, and developments as told mostly by FFII and its affiliates in Europe (who also care deeply about what happened in New Zealand this week)

As indicated earlier this month, the European UPLS seemingly collapsed [1, 2], taking down with it the possibility of software patents expansion in Europe -- for now. According to this long post, the zombie is not dead yet.



Then, in the early morning hours of the very last day of the summit, after endless hours of toughest negotiations, a bunch of bleary-eyed Heads of State, deprieved of sleep, will somehow find the final compromise on the EU patent reform project.


Let's hope not.

Benjamin Henrion, the president of the FFII, remarked on it by saying that it shows the "Financial crisis of Spain as a bargaining chip for getting rid of Spanish resistance in EU patent" and Florian Müller declined to comment about it on the record (it's kept private at his request). He did, however, make public information he has been gathering for a while by contacting MPEG-LA and other parties like Google.

One might assume that MPEG LA's obvious desire to maximize its royalty income would practically guarantee that all significant companies infringing its patents would be pursued. But the worldwide market is huge and if you have a country that's only medium-sized, then MPEG LA may decide for efficiency reasons to collect royalties only from the market leader. That one would face a risk of litigation if refusing to pay, but if that licensee's competitors don't pay because MPEG LA doesn't go after them for the time being, then that's an awkward situation for the licensee.


As a reminder, MPEG-LA is an NPE (patent troll) headed by a patent troll. We wrote about this subject in posts such as:



"If you saw my posting of yesterday on MPEG LA's licensing terms," wrote Florian Müller to us, "I guess it is an area where we may not be able to agree. We can't agree on the DPL for now (like the DPL, although I really think you should give it a fair chance and look at it when it's done because it could really pave the way toward abolition over the course of several years. That's normal. But concerning codecs, PJ grossly misrepresents the facts by claiming I prefer MPEG's stuff to WebM. I pointed out different aspects of them in different blog postings without ever saying I advocate one or the other. I left no doubt about my preference for a patent-free format but I have a "show me, I'm from Missouri" attitude about that one and indemnification would change the situation in a very positive way for me as I wrote on my blog. I don't say MPEG LA isn't a problem, but looking at what they charge vs. the business that licensees do it's clearly a small problem in the field of patent licensing. Those who don't offer licenses at all or only on unreasonable terms are far more problematic. Doing away with software patents would be the right thing to do and it would determine that there's no cost for any codec. In the meantime I for my part do make a distinction between somewhat acceptable licensing terms and anticompetitive practices."

Müller also pointed out that "the IDG News story on NEON's impending EU antitrust complaint against IBM shows the usual patent holder rhetoric of "copycat" and investment in innovation. Unlike MPEG LA, that's a patent holder who simply wants to shut out competition and nothing else." We wrote about NEON in [1, 2].

Müller's interests do not intersect with those of GNU/Linux, just as an important reminder. Regarding Canonical joining the Open Invention Network (OIN), Dana Blankenhorn shows Groklaw's take on Müller but also Müller's take on OIN [1, 2]. To quote an insightful portion:

The Founding Members direct policy, licensees can agree to put down their legal briefs, while Associate Members pay an unspecified fee and will exist somewhere in the middle.

“In mobile and in desktop we’re bringing in relationships where people provide a financial commitment, which we’re not announcing the amount, to support the evolution of OIN’s activities into these new areas,” said Bergelt.

In other words, expect a select few other companies to be invited. Perhaps as many as a half-dozen. They and the Founding Members will keep Bergelt’s 22-member staff employed.


That's one of the issues with the OIN. There is danger that it will serve its own interests rather than just eliminate some of its own software patents. LiMo has a patents pool too by the way. It's not necessarily helping in a world which is overwhelmingly against software patents. It feeds the software patents proponents. "Anti-free software lobbyists discuss patents on standards, all videos on Youtube," writes Benjamin Henrion in order to show what they are doing in Europe these days. It's quite similar to what they do in New Zealand -- a subject that we covered many times this year, even in this latest post about the sad outcome. Benjamin Henrion writes to Free software advocates in New Zealand:

Hi,

You have to be aware what is the strategy of IBM and Microsoft when they try to push for the infamous "as such" provision.

A German court has recently made Microsoft FAT patentable, despite the exclusion of computer programs "as such" from the law (the EPC).

Patent judges tends to interpret this provision as "a computer program as such is a computer program on a piece of paper" and this is what is excluded. On the other side, when the program runs on the computer, it becomes patentable.

If you are interested in clarifications to bring in New Zealand, you can take inspiration from the FFII€´s 10 core clarifications:

http://consultation.ffii.org/Clarifications


Separately, it's worth highlighting this new story about non-practicing entity (NPEs). Again, NPEs are patent trolls. "ASP (anti-patent troll company) will resell patents to trolls after 12 months," remarks on it FFII's president. Here are some quotes:

I’ve just sat through the IPBC session titled “Getting to Grips with NPEs”. Now that was a session which generated real emotion in me, and showed how amazing us humans are at spending time and effort on things that are ultimately meaningless.

I went through a large range of emotions. I started out neutral . Here we go, just another session about trolls, trolls justifying why even trolls do social good (we help small inventors make money from their IP!-well done, good for you), lawyers arguing over technicalities (rule 11, blah, blah blah), the anti-troll lobby screaming about how unfair the system is to allow this abuse and Dan McCurdy (we’ll come back to him later) giving his troll stats.

I quickly got into irritated. Mainly as the session was dominated by American accents justifying their respective positions. Mild anger soon followed. More American accents, more justification, more self-justifying arguments.

Soon followed by seething. Vigorous agreement with Nokia (great speech, really great speech Dr Schneider) and Technicolor (ex Thomson, good “I hate trolls” speech Beatrice de Russé). I found myself wanting to applaud. C’mon the anti-troll lobby!!!There was little room for middle ground in the room. And, for me, the anti-troll camp has my lifetime vote.

[...]

Dan McCurdy is a legend in the IP world. An IBMer under Marshall Phelps, a licensing expert/jobbing consultant in Thinkfire (I’m sure I recall his profile with a dollar amount against his face for his lifetime licensing dollars generated), now AST. But how can these two statements be reconciled? Statement 1, timed at about 46 minutes in “I would be delighted to close down AST tomorrow if the NPE problem went away!!” (hooray!!), and then, at around 58 minutes in “When we buy patents in for our AST members, we commit to sell them within 12 months, and we sell them to the highest bidder, we sell to operating companies, aggregators, and….to NPEs”.

Excuse me, come again….WHAT!!! You perpetuate the problem by selling on patents, to NPE’s, who can then sue those who don’t have licenses as they aren’t your members.


Notice the presence of Marshall Phelps. That's one heck of a troll (he builds or assembles patent portfolios, not products) who recently helped Microsoft fight against GNU/Linux and Free software, having previously helped IBM.

Recent Techrights' Posts

Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
 
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
"But Corruption is Everywhere"
"We'll always have Polio..."
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day