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

Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
 
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026
Gemini Links 23/08/2026: Turning 60, PineTime, and Simulation Hypothesis
Links for the day
Will Your "Modern" New Car Still be on the Road in 2060?
Are people now expected to change a car as often as they replace a mobile phone and, if so, how fast would costs add up?
The Sniff Test
Be sceptical of "CoCs"
Cloudflare Sees a Quarter of Requests in China Coming From GNU/Linux Today
Will 23% ever be the average for GNU/Linux rather than a mere peak?
You Can Lose Some Battles and Still Win the War
Winning or losing isn't something for a scoreboard
GNU/Linux Usage Measured at 23% in Russia Today
the average was almost 10%
Things Not to Fear Missing Out on
Life is too short to pay attention to social control media
Gemini Links 23/08/2026: Exercising Again, Tackling Phone Addiction, and Putting Graal Online Back Online
Links for the day
Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day
Links 22/08/2026: Prince Harry, Elton John and Others Pay High Price for Frivolous Litigation in the UK
Links for the day
'Voluntary' Mass Layoffs at IBM/Red Hat
IBM does not want people to notice what truly goes on there
Another Round of GAFAM Layoffs, This Time Apple
Now Apple "is shutting down an entire Vision Pro team focused on developing gaming features for the mixed-reality headset."
Gemini Links 22/08/2026: The Bodyguard (1992), Minimalism, Backups, and IPFS
Links for the day
SLAPP Censorship - Part 158 Out of 200: Making Alliances With Men Arrested for Strangling Women Was Always a Terrible Strategy
They work for American slop companies
Links 22/08/2026: TikTok Settles With Feds, Harms Caused by Social Control Media Gaining Attention
Links for the day
New Data Shows Microsoft's XBox is Really Dying
XBox is a "burning platform"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 21, 2026
IRC logs for Friday, August 21, 2026