Bonum Certa Men Certa

Triumph Against Software Patents in Europe as EU Treaty Brought Up

Face with question marks



Summary: Catchup post on the subject of software patents, led by good news from Europe and plans to hamper patent trolls in the US

The European Court of Justice Advocates General said last year that a pan-EU patent court would violate the principles of the EU founding treaties and it turns out that he was right. Having struggled to keep software patents out of Europe, we are pleased to find out that, as a UK-based lawyers' blog puts it, it's "bad news for unified European patent litigators" (which means it's wonderful for everybody else):



Bad news for unified European patent litigators -- in Avis 1/09 Creation of a unified patent litigation system the Court of Justice of the European Union has given its verdict on the proposed Unified Patent Litigation System (UPLS) and the European and Community Patents Court (‘the PC’). Following an 89 paragraph ruling it says:
"The envisaged agreement creating a unified patent litigation system (currently called ‘European and Community Patents Court’) is not compatible with the provisions of the EU Treaty and the FEU Treaty".


Glyn Moody adds that "another #swpats [software patents] by the backdoor attempt blocked" (and the parasites will carry on trying).

Over in Germany, there is quiet celebration among the likes of André Rebentisch and Karsten Gerloff from the FFII and FSFE, respectively. On the other hand, Microsoft booster Florian the mobbyist is daemonising Red Hat again (using old news) and saying utter nonsense, as Rebentisch helps expose:

Priceless:
Florian “Mueller also noted that a less costly European patent system would also help open-source developers and companies to obtain and, if necessary, enforce patents on a Europe-wide scale. He also suggested that at some point the EU will want to have a “unified patent system, including a single patent court”.”
Florian turns out to be the next Benoît. Hardly surprising his most recent “change of mind”.


It is not clear why David Meyer plugged in claims from a known liar. These claims are lunacy, a bit like the recent claims that open source is a "cartel". Anyway, leaving aside aggravators like Florian, FFII founder Hartmut Pilch weighed in as well. Almost nobody in Germany would ever benefit from software patents, no matter how loudly mobbyists speak out and how many journalists they mass-mail to 'inject' disinformation on behalf of corporate clients.

APRIL, a Free software advocacy group in France, has a strongly-worded announcement about this major development and there are many articles on the matter including some in German. "ECJ says that Commission proposal for unitary EU #patent is incompatible with EU treaties" is how Gerloff summarises it.

The FSF's Bradley Kuhn addresses the problem with Novell's Mono trap when he writes that "#Tomboy is part of !GNOME desktop, so #Microsoft #swpats attack could impact. Glad to learn dependency won't increase"

The OSI's Simon Phipps speaks about Novell's atrocious deal with Microsoft, wherein a patent transfer is being arranged. To quote the new article:

When we consider software patents, it's easy to believe they are something outside the open source communities. Mentally, many of us model them as a weapon belonging to "patent trolls" - companies who don't make products in the area of the patents they own (they may have other business interests they are funding) but instead create their income by shaking down businesses who unwittingly stray into their patent minefields.

But I suggest that many of the patents these "non-practicising entities" (as they are known to lawyers) use actually come directly from the development of software and potentially open source software. They start life in "friendly" hands, but there's every chance they will eventually be used in harmful ways. Just look at the proposed sale of Novell's patent portfolio to CPTN to get the idea how. Right now the US Department of Justice seems to agree it's a problem and may even intervene in the sale. Parallel Filing

In the corporations where I have worked, programmers have been incented along with other engineers to constantly watch their work for ideas that could be encapsulated in a patent. This "parallel filing" - developers doing work and filing patents on their innovations at the same time - results in the creation of a ring-fence around each activity in which the engineers participate.


CPTN may end up just dying if the deal gets blocked by the US DOJ or anti-cartel authorities. And guess who's getting sued again? That would be Google. The plaintiff stays mum: "In a brief response, the company tells me that they will not comment on either this case or the complaint they’ve just filed against Google, revealing that the search giant is effectively already under legal attack by the software maker." Obama plans fundamental rethink of software patents, but it won't be enough. In fact, it's more like lip service based on what we've seen all along (even before Obama took office). Also see "FTC recommends patent reform"; "US FTC report recommends improvements in patent system"; "FTC Targets Patent Trolls"; "FTC Puts Patent Trolls On Notice" and "US patent law change to protect innovators". It's likely that nothing will change in the US because once bad laws are passed, it is extremely hard to reverse/retract them. Other news about software patents which we lack time to cover are added below.

- A Practical Rant about Software Patents - Why are a paltry number of patents registered in Africa? - Patent trolls fatten up on vaguely worded patents - Apple And PayPal Hit With Lawsuit Over Patent For ‘One-Click’

Comments

Recent Techrights' Posts

Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
 
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024