Bonum Certa Men Certa

Europe's Software Patents Problem Summarised

Earth



Summary: Monopolists like Microsoft, based in the United States, try to transport software patents across the Atlantic, so Techrights provides a news summary and a general summary of trends to watch out for

HERE at Techrights we have been covering the situation of software patents in Europe almost since the dawn of this Web site. It was always about software patents and more people begin to understand the importance of this issue when they hear that Microsoft makes money out of HTC's Android phones. Additionally, as one reader shows us this week, "HTC paid for patents and started to use aspx." Can someone verify this? Netcraft history does not go far back. We already know about Microsoft's pressure on Intel to use Windows on servers because we found internal documents about it. Microsoft is bundling such deals, making agreements conditional upon migration and PR for Microsoft.



Anyway, to learn about Microsoft's lobbying for software patents in Europe, one needs to be familiar with the proxies they use for lobbying, e.g. Association for Competitive Technology. Microsoft has ways of trying to portray itself as "European" and also use 'Euro-washed' firms to push its agenda there. We mostly covered these in 2008 and 2009, so we advise readers to look back (we strive to decrease repetition). It is clear that Microsoft is a major component of this problem, others being Siemens and Nokia. It should not be shocking that those in favour of software patenting are giants. Patent monopolies make giants stronger and the only small entities to whom such a system might be of use are patent trolls and lawyers' firms specialising in so-called 'IP'.

Last year in the United States, Bilski and his colleague shattered the US system by further legitimising software patents, at least based on some people's analysis (inconclusive). They took it all the way up to the SCOTUS, whose rulings on the subject of patents have been rather terrible recently. SCOTUS deserves no blind respect because laws too are relative and they depend on principles one adopts in a certain civilised culture. There is no absolute justice or definition of "civilised"; the bias is 'built in'.

Bilski's patent was classified as belonging to the business methods category and this new report from the Wall Street Journal says that patents on tax strategies (emulating pen-and-paper methods) may soon be ruled illegal:

U.S. patent number 7,698,194 isn't an ingenious new machine or a breakthrough medical treatment. It's a method of analyzing the taxes associated with college-savings plans.

It's also one of the 144 patented tax strategies and 162 pending applications, as of late May, that tax preparers say have burdened their job and made it harder for citizens to pay their taxes.

Consumer and tax groups have pushed since 2007 to get such patents banned, and their efforts are poised to come to fruition this month. The House of Representatives is expected to vote when it returns from this week's recess on a major overhaul of the patent system that would effectively prohibit patenting tax strategies.


While there is hope that the USPTO will be reforming (in accordance with public backlash), things are not improving in Europe. Recently, for example, Mrs. Wilcox decided to usher in a scheme [1, 2, 3] that may help legitimise/change the bar for US patents (even in Europe) and to quote the sort of fallacies she is repeating: [via Benjamin Henrion]: Baroness Wilcox, the minister for intellectual property, said: "The pilot will give experts the opportunity to comment on patent applications and share their vital expertise before patents are granted. It will also mean that inventions already known in the wider community will be filtered out more readily. Peer To Patent is a step forward in supporting growth by reinforcing the patent bedrock on which innovative businesses thrive."

Innovative businesses actually did not require patents. Look at Google for a recent example. Meanwhile in Europe we also have the worry about the RAND lobby at the Commission [1, 2]. Benjamin highlights this new page which signals more of the same. RAND is not compatible with Free software, but the Commission is guarding RAND nonetheless, after lobbying from Microsoft front groups. This relates to the first issue which we covered. Most important, however, is the current push for the EU Patent, which seeks to make litigation of larger scale easier and can also spread software patents such that they transcend borders with the mere signing of some document/s (treaty superseding the law using a 'hack'). Consider the fact that in the United States a patent previously owned by Microsoft's patent troll (Intellectual Ventures) is the subject of litigation seeking its invalidation. At the same time we see companies turning into a pile of patents ripe for picking by trolls. To them, patents are just means for suing, using patent lawyers. Rather than breed an industry which innovates, patents expand an industry which litigates. Consider this one firm which is "specializing in software patents, copyright and trade secrets." The source article is here (New York Times blogs). What value can such firms actually bring to an economy? Here it is in context:

Andrew Schulman wasn’t. He’s a Lens reader in San Francisco, a photographer and — most important for the purposes of this post — a lawyer specializing in software patents, copyright and trade secrets.


Now they want to patent umbrellas too? It is not even an idea previously unexplored. About a decade ago I typed down on my PDA an idea I had for an umbrella. Many of the so-called 'inventions' people seek patents on have not just been thought of before but also implemented. This whole business of patents merely adds complexity to the system and slows down its advancement.

To summarise some of the key points, Europe faces new threats from lobbying (e.g. For RAND), so-called 'unification' (which can actually be the import of software patents), and an attempt to start from the premise that the problem is "quality" of patents rather than their type (e.g. software, tax). We must all stay vigilant. It is possible that software patents will die in the States before they manage to spread to other countries like some of kind a virus.

Recent Techrights' Posts

Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
 
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role
SLAPP Censorship - Part 31 Out of 200: Speaking About 20+ Years of Alleged Harassment/Defamation and High-Profile 'Targets' of Garrett
attempts were made to settle (in effect end the case) by the person who started the case almost half a dozen times along the way
In Asia, Windows is in Its Teens (Below 20%)
On a global scale, Windows is down to about 26%
GNU/Linux Becoming More Universal
It seems likely the end of Vista 10 coinciding with a sharp rise in memory prices (and now energy prices) will benefit GNU/Linux and therefore give us more to write about
Low Morale at IBM and Perception of Destructive Management
IBM is going nowhere, fast
Gemini Links 02/04/2026: Super Mario Galaxy Movie and New Antenna Instance
Links for the day
It Seems Like Google News Cracked Down on (Omitted, Delisted) a Lot of Slopfarms
There's no justification/point in spending so much energy just to plagiarise things poorly
Can Economies Like the American One Hang On?
The coming weeks will be "interesting" unless wars end
Steam Survey for Last Month Says 5.33% Use GNU/Linux
big leap for GNU/Linux
Links 02/04/2026: Science News, Energy Scarcity, Oil Sold in Yuan
Links for the day
Links 02/04/2026: Apple Turns 50, Efforts To Ban VPNs
Links for the day
Gemini Links 02/04/2026: Kubernetes With FreeBSD, OFFLFIRSOCH, and Great Circle Distance
Links for the day
Dr. Andy Farnell on Microsoft Silencing or Deplatforming Opposition in the UK and Elsewhere
Microsoft as a king or a kind of "religion" one cannot question
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 01, 2026
IRC logs for Wednesday, April 01, 2026