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

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