Bonum Certa Men Certa

European Patent Law is Being Abducted by Big Business and Patent Lawyers

Car vandalism



Summary: Europe may lose its advantage (for software developers) if it loses its sovereignty to hostile interest groups which strive to loot the continent using lawsuits

SLASHDOT has this interesting new entry citing some American press [1, 2] and quoting Foxconn's founder as saying: "I worry America has too many lawyers. I don't want to spend time having people sue me every day."



Richard Stallman had the foresight to tell Europe that by rejecting software patents it will position itself favourably. European developers who don't work for multinationals such as Microsoft (money talks) understand this because it takes very fundamental logic to grasp. Europe can leave US-based companies to fight among themselves, whereas Europe will serve as somewhat of a haven sheltering innovative minds that make good software. Nothing good ever comes out of lawsuits over software patents.

“Nothing good ever comes out of lawsuits over software patents.”The FFII suspects that there is a "power struggle between Council and Commission" in Europe, involving Jose Manuel Barroso of course. Obligatory attendance does not sound quite right. We have already explained how the Commission in Brussels did more harm than good sometimes, at least regarding software patents.

The Belgian EU presidency (lobbied by Microsoft's pressure group Association for Competitive Technology) seems to have a hand in the problems. As Axel H. Horns put it:

In an earlier posting I had reported that, on the first day of the Belgian EU Presidency, the EU Commission had published a Proposal for a Council Regulation (EU) on the translation arrangements for the European Union patent. This Document suggests to require human quality translations of EU patents only in case of a dispute. Otherwise, machine translations are deemed to be sufficient for informing the general public.


This is just shameful. Whose hands are in it? It gets even worse. "Usually patent offices set the agenda, not business," wrote the FFII, citing the IAM crowd, which is a subscribers-only platform (lawyers' echo chamber).

This system is seemingly being hijacked by those who want to exploit it for personal profitability. The patent system is supposed to be focused on other goals, but it is being changed while it's self-deluded.

Last week we showed the Advocates General saying that the current pan-European patent court proposal would violate the principles of some of the EU’s founding treaties. It's still a struggle between business and between public servants who are sometimes elected by the public. The Register has the following take from UK patent attorneys:

The European Court of Justice should reject the opinion of its advisors and put pragmatic economics ahead of legal technicalities and approve a pan-EU patent court, the UK patent attorneys' trade body has said.

Advocates General of the European Court of Justice (ECJ) said in an opinion that the current proposal for a pan-European patent court violates the principles of some of the EU's founding treaties.

But the Chartered Institute for Patent Attorneys (CIPA) has said that when making its final ruling the ECJ should make its decision in the light of the benefits such a court would bring to business.


That's just appalling. Since when are lawyers (not elected officials with a legal background) determining the laws such that they increase their own profits? This is just cronyism. Lawyers are a big part of the problem here. Greed is an enemy of research and development.

In other news, WIPO transparency is said to be "threatened". Was there ever transparency at all?

WIPO held its annual Program and Budget Committee meeting last week. The Committee discussed ways that it might better make its meetings and documents available in multiple languages. WIPO operates in Arabic, Chinese, English, French, Russian and Spanish, and also Portuguese under specific conditions.


WIPO is designed to help oppressors maintain their power. It markets itself as defender of "innovation" rather than defender of gatekeepers. It was never particularly receptive to the needs of developing nations, much like the WTO. The world needs less regulation of this kind because it impedes the sharing that's crucial for science to thrive everywhere.

Recent Techrights' Posts

Debian Developer at Sirius Was Under the Wrong Impression That Staff Must Check or Should See E-mail All the Time (24/7 Work Attention is an Occupational Health Hazard)
My personal and professional experience with a Debian Developer (DD) at work
Techrights More Productive Than Ever Before
Today we finally crossed the 1,900-page milestone
Europe's Adoption of GNU/Linux, by Country (Now About 6%)
in Switzerland, for instance, adoption of GNU/Linux has been profoundly low
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 04, 2024
IRC logs for Monday, March 04, 2024
[Meme] Record EPO 'Productivity'
Patent applications granted
Job Groups 5 and 6 at the European Patent Office (EPO) Another Case of EPO Discrimination
an under-reported (or entirely not covered) backlash from last summer
[Meme] Microsoft Fan: "Microsoft is in a panic from the continued loss of its user base"
Published a couple of weeks ago
Android Has Reached New Highs in Mexico, According to Web-Derived Data (Android Now Almost a Majority of the "Market")
Not far from 50%, i.e. half of the "market"
In defence of Albanian women: Outreachy & Debian favoritism scandal
Reprinted with permission from Daniel Pocock
Links 04/03/2024: Old Crisis Looming, UPC Already in Infringement of Article 6 ECHR
Links for the day
The Right to Disconnect (Meme and Very Recent References)
relatively new press
Links 04/03/2024: Techno-Babble in Tech Job Ads and Vision Pro Already Breaking Apart
Links for the day
[Meme] 'Debating' People by Subscribing Them to Lots of SPAM
Rebuttal? No, spam.
From Sexual Harassment of Women to Yet More Cybercrimes
They can be prosecuted
Not Only Has Adoption of Windows Vista 11 Flatlined/Plateaued, Now It is Going Down!
Did many people delete Vista 11 and install GNU/Linux instead?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 03, 2024
IRC logs for Sunday, March 03, 2024
Venezuela: Windows Below 70% (Laptops and Desktops), GNU/Linux Up to 7%
It's a lot higher in Cuba
ICYMI: ZDNet Financially Controlled by Microsoft
a history of censoring SJVN's Microsoft-critical articles
Argentina Joining the 4% 'Club' (GNU/Linux on Desktops and Laptops)
Data as ODF
Transparency Sets Society Free
"Convenient delusions" aren't bliss but temporary relief
[Meme] The EPO, Europe's Second-Largest Institution, Which is Contracting With Belarus
Socialist EPO
The European Patent Office's (EPO) Illegal Ban on Mass Communication Gets in the Way of Democracy
The scientific process (patents apply to science) must allow scrutiny, both from within and from the outside
Links 03/03/2024: Depression in Hong Kong, Sex 'Apps' and STIs
Links for the day
Links Gemini 03/03/2024: NixOS and NextCloud, Back Into Ricing
Links for the day
The Debian family fallacy
Reprinted with permission from Daniel Pocock
GNU/Linux Peaking in Europe, Android Measured as Higher or More Prevalent Than Windows
Android topping Windows
For Every Action There's a Reaction
Gates lobbying Modi
Like in Africa, Android Takes Control, Raking in Almost All the 'Chips' in Asia
So Microsoft has no OS majority except in Japan and Russia (and tiny Armenia).
Links 03/03/2024: Goodbye, Navalny (Funeral Reports)
Links for the day
Gemini Links 03/03/2024: A Wild Devlog Appeared and GrapheneOS Ramble
Links for the day
Gemini at 3,800+
total number of known capsules at above 3.8k
Be a Navalny
We salute Mr. Navalny
Mozilla Firefox is Back in ~2% Territories, Jeopardising Its Status as Web Browser to Test/Target/Validate With
Some new stats
[Meme] Russian Standards of Law: The Executive Branch Decides Everything
the president's kangaroo court
Up Next: The Tricky Relationship Between the Administrative Tribunal of the ILO and the European Patent Organisation (EPO)
We've moved from presidents who run a republic by consent to corrupt, unqualified, dictatorial officials who bribe for the seat (buying the votes)
IRC Proceedings: Saturday, March 02, 2024
IRC logs for Saturday, March 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Beware Imposter Sites of Techrights (Not Techrights.com or Techrights.org)
Only trust pages accessed through the domains controlled by us
Italy visa & residence permit: Albanian Outreachy, Wikimedia & Debian tighten control over woman
Reprinted with permission from Daniel Pocock