Bonum Certa Men Certa

Newly-elected UK Government Hopes to Imitate the United States With Software Patents

Theresa May and David Cameron
Photo of Prime Minister David Cameron and Home Secretary Theresa May (taken by ukhomeoffice)



Summary: The British Prime Minister threatens not only software developers in the UK but in Europe at large now that some charlatans want to open the whole of Europe to US-style patent law

IN yesterday's audiocast Tim and I spoke about the misguided new plan of the government, which seems to be thinking the advancement will be improved or restored in Britain by having more patents and bureaucracy. One of the issues that few outlets have covered is software patents. The Guardian, a leading UK publication that recently sold out to Bill Gates [1, 2, 3, 4, 5] wrote about Cameron's day with the big G:



Not at all: software patents are defensive, and they're often a problem for startup companies, which may find themselves threatened by bigger ones which, being bigger, have been able to build them. They're a blight, and British startups are much better off without them. A senior insider at another big internet company mused to me afterwards: "It sounds like the minister has been nobbled. We'll have to un-nobble him."


TechRadar, another British Web site, wrote the following:

Now, it seems, we're going to review our laws to make them more Google-friendly – including, it seems, our patent laws. The prospect of US-style software patents is a chilling one, with big firms using them to stifle competition and patent trolls effectively running legal extortion rackets.

This post on the patent mayhem surrounding Android should give you an idea of how crazy the US system has become.

Thirdly, there's the involvement of Facebook and Google. There's something disturbing about seeing the two online giants so close to government, because our government appears particularly bad at getting them to stick to the law.


British lawyers rejoice over at IAM, which is a site/publication that always promotes their interests. "UK government wants to make it easier to obain software patents" says the headline (yes, with a typo), but the article requires a subscription for one to read.

The FSFE's Karsten has just paraphrased Dr. Glyn Moody (a Brit) as saying at FSCONS that software patents "cost US economy 4bn USD 1996-1999, added value of just 100 million USD. Just serve to secure incumbents" (this was stated over the weekend).

The British government must listen to its own people and not multinational corporations. Theresa May still remembers my long conversation with her (my grandfather told me this when he met her in July) and the politicians she is surrounded by are mostly technophobes, so they would believe anything that any company with lobbyists may tell them (this includes Google, which does not accept Moody's sob story). This is a recipe for disaster and further loss of power to those who are already in power. Software patents are fences, therefore they impede new entrants like Google used to be and no longer is. Falk Metzler, a German patent attorney, can already be seen using language tricks to say that "Computer Program Claim not Excluded from Patentability under the EPC":

The referral claimed a divergence between decisions T 1173/97 (Computer program product/IBM), placing the emphasis on the function of the computer program rather than the manner in which it is claimed (e.g. as computer program, computer program product, or computer-implemented method), and T 424/03 (Clipboard formats I/MICROSOFT), which placed emphasis on the manner in which the computer program was claimed. Following the reasoning of the latter decision, only a claim of the form "computer program for method 'X'" could possibly be excluded from patentability as a computer program as such, whereas claims of the form "computer implemented method 'X'" or "computer program product storing executable code for method 'X'" would not be excluded, irrespective of the nature of the method 'X'.


As a quick reminder, software patents may come to Europe through case laws in Britain (Symbian) and in Germany (Microsoft and Siemens), so this is important for the continent at large, especially now that Barnier et al. push for centralisation [1, 2, 3].

Comments

Recent Techrights' Posts

IBM is "Taking the PIP" (Piss), People 'Retire' 'Voluntarily' to "Focus on Family"
IBM has a billion bucks for 'the butcher', but not a million dollars for critical projects and initiatives in Free software
It Should be Uncontroversial to Say That Social Control Media is a Weapon
Democracy is not compatible with the likes of Kapo-Berg and MElon controlling public discourse of billions
 
FSF Has Grown (More Staff) After a Year of Financial Growth
On October 4 the FSF turns 41
GNU/Linux Has Become More Mainstream in the United Kingdom
It's a long weekend here and we guess some people dabble in GNU/Linux migrations, at least at home
SLAPP Censorship - Part 166 Out of 200: Garrett Wasn't Found Innocent Per Se, the Court Wanted More Evidence of Who Was Behind Particular Accounts Using Tor
It's complicated
Criminals Don't Obey Laws, California Does Not Enhance Online Safety
It has been a while since we last mentioned so-called 'age-verification' laws
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 29, 2026
IRC logs for Saturday, August 29, 2026
Links 29/08/2026: Stop the Hate, Goldfish Myths, and xmpp.nz
Links for the day
Links 29/08/2026: Wave of Social Control Media Bans, Suno Data Breach Class Actions
Links for the day
Links 29/08/2026: Microsoft GitHub Outage (Again), "Displaying Ads Directly on Your Monitor", and "Election Deniers Could Soon Control Elections"
Links for the day
Misuse of Bots (Now Sold as "Agents", "Hey Hi", "Automation", and "Efficiency")
They even try to rebrand robotics as "hey hi" and try to sell slop as "work"
Debian: Plagiarism OK, Just be "Responsible" About It
The result isn't the worst, but it's not good either
Don't Let Them Kill Activism
Are the oligarchs shutting the lid on activism and whistleblowers?
SLAPP Censorship - Part 165 Out of 200: Two Years Since My Wife and I Sued
In early September 2024 we hit back
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 28, 2026
IRC logs for Friday, August 28, 2026
Gemini Links 29/08/2026: Death Notice, Systems Biology, and Gopher
Links for the day
Links 28/08/2026: Chatbot Pushers Admit They're Used Heavily for Social Engineering Scams, Strong Backlash Against "Smart Glasses" (CCTV on Legs)
Links for the day
Michael Catanzaro's Latest Blog Post Affirms Rumours of Red Hat Changes and RAs/PIPs at IBM
reading between the lines, IBM is "spitting out" Red Hat staff
If Linux Was Written in Rust, 80% or More of Linux Developers Would Not Understand It (Same If It's Composed by LLM Slop)
The licence (GPL) is not enough when there are ways to bypass it
Gemini Links 28/08/2026: Absurd Tomodachi Summer, Screen Piggery, and Jugulans 1.0.3 Released
Links for the day
Links 28/08/2026: "UK Power Grid Has a Phantom Data Center Problem" and "Growth at All Costs is Cancer"
Links for the day
SLAPP Censorship - Part 164 Out of 200: Patent Troll SLAPPs, Defamation Trolls, and Stranglers From America
You start to wonder if the core issue is insecurity
Rumours of More PIPs and Layoffs at Confluent Just Months After IBM Bought It
It is meanwhile apparent IBM will have mass layoffs next week (September)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 27, 2026
IRC logs for Thursday, August 27, 2026
After Many Waves of PIPs (Silent Layoffs) IBM Makes Non-Silent Layoffs, Effective Next Week (September)
What we heard is turning out to be true