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

IBM: The B Turns From "Business" to "Bailouts" to "Buybacks" ("IBM is the Next Intel")
Trying to shore up the falling share price/stocks while veteran workers and Vice President (with high salaries) are cut off
It's Friday Night Again, So Microsoft is Again Shelving (Under Weekend Lull) Nightmare News for XBox Staff
It did the same thing when the chiefs of XBox got canned
 
IBM CEO Can Become a Billionaire by Laying Off Tens of Thousands of Workers (or Buying Companies Using Borrowed Money, Only to Lay off Thousands in Them)
Like he did Confluent recently
Reminder That Linuxiac is a Slopfarm or Hybrid of Bobby and His LLMs
LLM fetishist that claims to cover Linux
BetaNews is Still Publishing Fake Articles, Sometimes Fake News, or LLM Slop Disguised as 'Journalism'
Slop isn't yet a thing of the past, but hopefully we'll get close to that by the end of this year
Gemini Links 30/05/2026: Writer's Block, Evil GAFAM (Google), and Scepticism of Slop
Links for the day
Links 30/05/2026: Fairphone 6, China’s Rise in Drug Development, Slop Wastes Money Without Delivering Value
Links for the day
Links 30/05/2026: Alarm Over Large Companies Cancelling Slop Contracts, Ozzy Osbourne Resurrection as Slop Draws Ire
Links for the day
Red Hat Exodus or RAs (or PIPs) in 2026 Not Limited to China, IBM is Doing Well at Hiding Layoffs
All we need to know is, does IBM hand out lots of PIPs?
SLAPP Censorship - Part 92 Out of 200: A Spouse Cannot be Turned "On" and "Off" Like a Faucet
Today's part will be very short because we keep the parts shorter in weekends and summer is officially around the corner (June on Monday)
The Register MS Has Just Published Fake Article That Mentions "AI" 23 Times. "Sponsored by Arm." It Does This Every Day.
A lot of the time we see this term everywhere in "the news" simply because slop pushers are paying for it
SQLite Under DDoS Attack by Slop Reports or Fake 'Bugs' (Just Like cURL and Many Other Projects)
Even Linus Torvalds is starting to talk about this
Links 30/05/2026: More GAFAM (Amazon) Mass Layoffs, Peter Schiff Warns of Trillion-Dollar Slop Bubble Waiting to Implode
Links for the day
Slop is Plagiarism
Trillions of dollars down the drain, invested in a dud
Gemini Links 30/05/2026: Rehabilitation and Taming Emacs Cache and Temporary Files
Links for the day
Richard Stallman (RMS) Talks and Secure Transmission of Private Communications in Formats Everybody Can Access With Free Software
Maybe the FSF should step up a bit the campaign to use Free software to communicate with one another
General Consultative Committee (GCC) Discusses Working Conditions of Employees of the European Patent Office (EPO)
On the agenda: Salary Erosion Procedure, Breastfeeding Policy, New Amicale Framework, Public Holidays 2027
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 29, 2026
IRC logs for Friday, May 29, 2026
Links 29/05/2026: "Spyware Economy" and Cuba's Energy Crisis
Links for the day
Gemini Links 29/05/2026: Rap Rant and LLMs Criticised
Links for the day
Akira Urushibata on Misleading Numbers From Anthropic's Project Glasswing (False Marketing by FUD Tactics)
Posted yesterday and approved a short while ago
Censorship of Information Unflattering to IBM (or GAFAM)
Years ago we gave a platform to a censored Microsoft whistleblower
Silent Layoffs at Microsoft in 2026
Time will tell is there are investigative journalists out there who will quit parroting Microsoft (e.g. false layoff figures) and relying on LLMs controlled by Microsoft to spew out false "facts" for them
SLAPP Censorship - Part 91 Out of 200: Legal Aid in Support of Freedom of the Press and British Women (Attacked by Americans)
bolstered by prominent counsels
Codecs and Software Patents - Part XII - GNU's Web Site Will Soon Have Many Recent Talks by Chief GNUisance Richard Stallman (RMS)
GNU videos being transcoded or converted into AV1
[Video] Richard Stallman's Rapperswil (Switzerland) Talk Online
accessible without proprietary software
Trusting Trust is an Old Issue, Predating Rust and LLM Slop by Over Half a Century
Microsoft Lunduke wants to make a case against Rust and slop (LLMs), but the issues he addresses aren't exactly new or unique
California Should Have Abandoned So-called 'Age‑Verification Laws', Not Make Exemptions (for Now)
This has nothing to do with 1) children 2) safety 3) safety of children
Links 29/05/2026: Cory Doctorow on Why the Internet Feels So Broken, American Pope on Defederation
Links for the day
Techrights Does Not Censor Information About IBM, It Platforms and Retains Suppressed Voices From Inside IBM
They don't like it when people criticise the management [...] panic attacks mentioned
Bob (Robert) Cringely Devoted Three Years of His Life Trying to Profit From LLM Slop and Now He Sounds Off, It's Just Not Working and It Can Crash the Economy Soon
"The labs raising money at valuations with too many zeros are happy"
Techrights After About 60,000 Articles in 20 Years
Sites fail if they don't offer anything new or if they wrongly believe that adopting slop to parrot other sites will give them exposure
Organised Plunder or Robbery: GAFAM and Hardware Companies Rely on Media Bribery to Perpetuate False Narratives and to "Drive Sales" (and Drive Prices Upwards)
The price-fixing seems plausible and, if so, we need to demand action
Linux Foundation Destroys the Identity and History of Linux
Groklaw's PJ was thorn on the side of LF sponsors
The Problem of Microsoft Crimes
Opposing crime isn't "hatred"
The Fall of Slop (Even Microsoft Admits There's a Problem)
If Microsoft admits that slop is too expensive and is for "entertainment purposes" because it cannot be relied upon, why would anyone other than the pushers and profiteers still insist that slop bears potential?
Red Hat Will Die Inside a Dying IBM
IBM isn't where Red Hat came to thrive but where it came to die
Very Large Strike at the European Patent Office Today, "Production" Sank a Huge Deal
At this pace, we might be looking at tens of thousands fewer European Patents being granted this year
Gemini Links 29/05/2026: Leadership and Religion, the Board Game (Second Edition)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 28, 2026
IRC logs for Thursday, May 28, 2026
Links 28/05/2026: Pakistan and Afghanistan Are Still Fighting, Iranians Back Online
Links for the day
"LLMs Are Not Much More Than Plagiarism Engines"
the impact of LLMs on communities and software projects
Is Slop Profitable Yet? No.
Everything is a giant minus
Bob (Robert) Cringely Has Just Explained That After 3 Years of Hard Work It Became Apparent LLM Slop is Unfit for Purpose in Courts
Added moments ago to Daily Links
Links 28/05/2026: LibreSSL 4.3.2, "Jeff Bezos Is Afraid Of What Comes Next", Measles Making a Comeback
Links for the day
PCs That Are Made to 'Expire' and 'Secure' Boot Contributing to Planned Obsolescence
People who are responsible for this ought to be held accountable
Evil, Faceless Corporation: Google Steals Money From You If You Don't Purchase an Android Device for MFA
At this point, under the guise of "hey hi" (slop) Google is firing tens of thousands of workers
People Go Back to Basics, Abandon Microsoft's GitHub to Avoid Slop
The media didn't pay any attention to GitHub's de facto chief quitting Microsoft only a few months ago
SLAPP Censorship - Part 90 Out of 200: When Efforts to Silence His Spouse and Also the Wife of a Blogger in Another Continent Only Give More Exposure to Embarrassing Information
The Garrett trial ended in October 2025
IBM - Much Like the European Patent Office (EPO) - Gives the President (Head of Board and CEO) All the Money While Staff Drowns in High Inflation Rates
They're discussing the same sort of thing we often see mentioned in the EPO
"THE REGISTER EXPLAINER" as "Paid-for SPAM" at The Register MS With "AI" 40 Times in the Short Page
What will be left of The Register MS in a few years?
2025: EPO President Campinos Breaks the Cookie Jar, Steals Another Million Euros While His "Brother-in-Law" Does Cocaine at the Office and Staff Prepares Rolling, Indefinite Strikes
any additional month of Campinos in charge of the EPO is a liability not just to the EPO but the EU as well
Gemini Links 28/05/2026: Dumping Microsoft GitHub, Gopher Rabbit Hole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 27, 2026
IRC logs for Wednesday, May 27, 2026