Bonum Certa Men Certa

New Push for Software Patents in Europe (Innovation Union) While UK's Tim Berners-Lee Opposes (F)RAND

Tim Berners-Lee
Image from Wikimedia



Summary: The debate over patents in Europe is starting to heat up again, just shortly after the patent maximalists got defeated; Sir Tim Berners-Lee explains his opposition to (F)RAND, in addition to software patents

EUROPE is under constant threat from the software patents lobby and the hawks from the USPTO. They try to warp the EPO so as to better serve the clients in the United States, clearly at the expense of European ones (the multinationals can pretend to be European and American at the same time). The patent lobby has pushed for more or less the same goal all along, but occasionally the name of the process gets changed a little. The one advocated most recently by Barnier et al. [1, 2, 3] was called the "EU Patent" or something along those lines, but it's just another gown/brand for what was known as community patent, "unification", or something like the "harmonisation" McCreevy spoke about back in his days. Now they call it 'Innovation Union' (equating patents/monopolies with "innovation") and a European patents booster (from the same blog of a patent attorney which offers tips on patenting software in Europe) says that the Belgian presidency (Vincent van Quickenborne) is its pusher:



According to a recent press release, the European Commission published a Communication entitled “Europe 2020 Flagship Initiative Innovation Union”, which identifies ten key points required for turning Europe into a true "Innovation Union".


Axel H. Horns, another such attorney from Europe (Munich), is counting on Vincent van Quickenborne when he writes:

Mr Vincent van Quickenborne announcing talks on 'enhanced co-operation' instead of EU Patent - http://tinyurl.com/37hmmsx


As some background on Vincent van Quickenborne consider [1, 2, 3, 4]. "EU Council Press" gives him lip service, so he has become a dangerous person to software developers.

#EUPatent on the agenda of the Competitiveness #EUCouncil on 10 Dec. / CC @VincentVQ


That's just marketing talk. Competitiveness is effectively promoted without patents (monopolies), not with more of them and not with increased "enforcement" (litigation). The EU Patent was seen falling just weeks ago, with Italy and Spain taking a leading role in shooting it down because they know better. EurActiv says pressure tactics may be used now. It's appalling if true.

Italy found itself in a political squeeze on Thursday (25 November) as several key European countries moved to create a unified patent to protect the design of products sold across their borders.


There will be huge harm caused by software patents in Europe, including an open door to patent trolls in the long term. The president of the FFII warns:

Second BGH decision validating software patents in Germany, technical means the software runs in a computer http://ur1.ca/2fgca


He also points out that the "Irish Government [is] on the way to levy taxes over patent royalties, was serving Microsoft and Google to evade US fisc" (linking to this story).

The Government has revealed just how little faith it has in its vaunted "smart economy" by proposing the abolition of the one incentive SMEs had to create their own intellectual property (IP) – patent royalty tax exemptions – a leading patent lawyer has angrily railed.

Buried on page 96 of the ‘National Recovery Plan 2011 – 2014’ to remove €15bn from the State’s deficit and stimulate a recovery is a list of measures to be abolished.

Top of the list is the tax exemption for patent royalties.

It is followed by a number of other measures, like the abolition of investment allowance for machinery and plant and exploration expenditure, the approved Share Options Scheme and benefit in kind for employer-provided childcare.


Glyn Moody sarcastically states regarding the above: "lucky #swpats don't exist 'as such'"

Yes, Europe left ambiguity there with the phrase "as such". There is an additional debate right now over software patents and web standards. The founder of the Web (Tim BL) opposes software patents. I asked him about it (noting that W3C leadership has vested interests in employers' patents [1, 2, 3, 4]) and he clarified that W3C work must be royalty free. This led to a debate where Tim wrote: "#w3c work is #royaltyfree. That is *not* FRAND, as FRAND-0 can still require you get some license."

Simon Phipps wrote: "But doesn't "royalty free" also imply that other restrictions are permissible? Remember Sender ID was RF: http://bit.ly/dXecPy"

Carlo Piana wrote: "actually I've used W3C IPR policy as a good example for Open Standards, in the past. E/thing is perfectible tho'"

“...I've used W3C IPR policy as a good example for Open Standards, in the past.”
      --Carlo Piana
Mr. Oliva added: "but isn't that *still* a subset of both FRAND and FRAND-0? [...] i.e., it's not correct to say it's *not* FRAND, but rather that it's the non-evil subset of FRAND"

Glyn Moody also published "Tim BL: Open Standards Must be Royalty-Free", wherein he argues:

There's nothing radical or new there: after all, as he says, the W3C specifies that all its standards must be royalty-free. But it's a useful re-statement of that policy - and especially important at a time when many are trying to paint Royalty-Free standards as hopeless unrealistic for open standards. The Web's continuing success is the best counter-example we have to that view, and Berners-Lee's essay is a splendid reminder of that fact. Do read it.


The head of the FSFE, who previously argued with the BSA over (F)RAND [1, 2, 3, 4, 5, 6, 7, 8, 9], shares his "Christmas wish to the EPO":

The European Commission is setting out to reform Europe’s standardisation system. About time, too. Standards define what things around us look and behave like, whether soft- or hardware. Standardisation in Europe is currently dominated by a small number of organisations, and they’ve mostly done their business quietly in a corner where not many people cared to look. Except the ones with a lot of money at stake, of course.

That explains why standardisation today is still a game that’s mostly played by big corporations. At the same time, much innovation is happening elsewhere, coming from individuals and small and medium-sized companies (SMEs). Their numbers are large, but they don’t really have a voice in standardisation. Where they could participate, they often lack the time, money and specialised expertise to do so.


Well, there has been lots of RAND-related news recently [1, 2, 3, 4] and all these issues matter a lot. In Europe, mobbyists seem to be promoting Microsoft agenda (including RAND) under the camouflage/costume of opposing software patents.

Comments

Recent Techrights' Posts

Disputing the Achievements of IBM's CEO, Who Already Terminated Many Jobs at Red Hat (Which He Had Allegedly Suggested Buying)
Buying a company to gut it within about a year?
Microsoft's GitHub is Losing Traffic, Based on an Extensive Web Survey, and Its Future is Uncertain
Remember that Microsoft keeps close to its chest the operations and finances of GitHub (because it's embarrassing!)
 
IBM Bribery Scandal in China
IBM has a long history of bribery and other crimes
XBox Turmoil Continues, Head of XBox Game Studios Resigns After Less Than One Year
There are many signs that XBox is dying - something that many sites have predicted for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 14, 2024
IRC logs for Monday, October 14, 2024
Links 14/10/2024: One Year Since Activision Blizzard Demolition 'Officially' Began and Amazon Corporate Layoffs Accelerate
Links for the day
Gemini Links 14/10/2024: Dabbling in GemText, Unit Testing
Links for the day
Links 14/10/2024: Keeping Multiple Blogs, Wrestling With Misinformation
Links for the day
[Meme] Class of Microsoft
"Everything started with Microsoft DOS!"
History Education and Rejecting Creation Myths
The creator of Linux isn't the creator of GNU/Linux
How to Follow Our Updates About EPO (or Everything Else for That Matter)
follow us via RSS feeds
EPO Administration: Wait Several Months or Until Next Year for Clarifications
"After the intranet announcements of 18 September and 27 September and recent emails from CIGNA concerning opting into the VECOZO network, colleagues have been contacting us with queries and requests for guidance."
[Meme] Shoestring Budget With Record Profits (Because Hundreds of Thousands of Fake European Patents Get Granted)
Record profits? EPO staff does not benefit!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 13, 2024
IRC logs for Sunday, October 13, 2024
Unrest at the European Patent Office as School Costs Eat Away the Income
"Letter to the administration on the Education Allowance - DISDH - German School"
Gemini Links 13/10/2024: ArcMenu, Emacs decide-mode, Midnight Pub Mass-Deletion Option
Links for the day
Links 13/10/2024: Science, Politics, and Some Gemini
Links for the day
Links 13/10/2024: Writing, Remembering John Wheeler, Voice Cloning
Links for the day
Certificate Authority Let's Encrypt Falls to 0.7% in Geminispace (It Was Around 12% Just 2 Years Ago and 7.5% This Past February)
Let's Encrypt is down again
Gemini Links 13/10/2024: Self-hosting Snac2 and Invasion of e-ink
Links for the day
SDxCentral, which the Linux Foundation Paid to Produce Marketing SPAM, Has Now Become Slop (LLM Spew) Disguised as 'Articles'
Google should delist it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 12, 2024
IRC logs for Saturday, October 12, 2024