Bonum Certa Men Certa

Software Patents: How Europe Lost Its Sovereignty

Koekelberg's Basilica



Summary: The first part of a series about the unitary patent and its attempted last-minute passage

CONVENTIONAL wisdom says that when corporations accumulate joint desire to have a new law, sooner or later they will get it, some time, somehow.



Over the years we have covered the many attempts to legalise software patents in Europe. More recently, politician were 'pulling an ACTA' and using the same tactics they use to pass ACTA to also pass software patents (although not explicitly so). This one propaganda page is titled: "A unitary European patent and a unified European patent litigation system – political agreement by the end of 2011?"

"More recently, politician were 'pulling an ACTA' and using the same tactics they use to pass ACTA to also pass software patents (although not explicitly so)."Well, guess who that page is from? "David Sant, software patent representative of the EPO, now works for TaylorWessing, the Lehne company," claims the FFII's president. For those who do not know the scandals of Lehne, see previous posts such as this.

Here are some instructions for those wishing to contact politicians who are less corrupt. "The European Union is rushing to impose," says the author, "with as less discussion as possible, a unitary patent, despite the risk that this project could introduce software patents in Europe by giving away a lot of powers to the democratically uncontrolled extra-EU European Patent Office (EPO), and despite all warnings that the legal basis of the regulation on the unitary patent is likely to not comply with EU Treaties. In such a situation, only a massive citizen rally could prevent the unitary patent to end up as a stillborn project, in the detriment of the EU innovation policy. In order to inform Members of the European Parliament (MEPs), here are some guidelines and concrete suggestions to act by contacting them." It is probably not too late for reasons we will show in later parts.

Here is a post on the subject which says "it seems that we head now to the meeting of the Competitiveness Council on 5 December with a danger that these bad agreements might be agreed at a political level; and with the prospect of them being formally adopted during the Danish Presidency in the first half of 2012. Such agreements should be a cause of celebration. But they would not be. There is a groundswell of opinion in industry that the proposals must be looked at again afresh. Likewise at their annual Venice meeting at the end of last month, the European patents judges voted unanimously against the current form of Court agreement. Hence, it is to be hoped that even at this late stage, the politicians will listen to the users and Judges. No doubt regardless of whether agreement is, or is not reached, the Polish announcement will be triumphal. Hence we must look carefully at precisely what is said. Hopefully the announcement from Warsaw will be pure rhetoric, and no agreement will have been reached. We await the announcement with baited breath."

The outcome of this we are going to cover later. The press release of the Polish Presidency says self-serving things and the observers say that "the Polish presidency has "hit a wall" because of the opposition over the location of the central patent court "

One news site claims frustration at the presidency. To quote:

Poland's European affairs minister said the "biggest disappointment" of his country's EU presidency, largely seen as successful under the difficult circumstances of the eurozone crisis, was the failure to take on board Bulgaria and Romania in the EU border-free Schengen area.



We wrote about the Polish presidency in [1, 2, 3, 4].

In the next few posts we shall continue covering the unitary patents from more angles. It is depressing news, so we preferred not to cover it during Christmas (and yesterday was unsuitable because we had made the front page of Slashdot , so the site was generally slow and fragile).

Recent Techrights' Posts

EPO Strike a Week From Now, After That Strikes Can Become Permanent
A week from tomorrow there will be another strike
 
Links 23/03/2026: "Shocking Peter Thiel Antichrist Lectures", Robert Mueller Remembered
Links for the day
The Scandal Bigger Than IBM/Red Hat Layoffs is the de Facto "Media Blackout" About Those Layoffs
So we have a media crisis, aside from the economic crises
Gemini Links 23/03/2026: Geminispace/Elpher Enhancement and the Cerberus Cinco
Links for the day
Fear is Not a Legitimate Factor
Smart people know that trying to prevent moral people from doing the "Right Thing" will backfire
Fuel Autonomy and What It Teaches Us About Software Autonomy (or Software Freedom)
Need we wait until a "software Pearl Harbor" or protect ourselves proactively by weaning ourselves off of GAFAMware?
Scheduled Maintenance This Coming Wednesday
Other than that, all is the same and we carry on as usual
Most Press Articles About IBM Are LLM Slop, Sometimes With Slop Images
IBM basically laid off almost 1,000 people last week [...] At the moment about 75% of the 'articles' we see about IBM (in recent days) are some kind of slop
Links 23/03/2026: Security Breaches, Energy Shortages, Another SRA Scandal, and Patents on Nature
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 22, 2026
IRC logs for Sunday, March 22, 2026
Streisand Effect and Justice
This weekend this site has served over 8 million Web requests
Gemini Links 22/03/2026: "Woman of Tomorrow" and "First Steps in Geminispace"
Links for the day
SLAPP Censorship - Part 19 Out of 200: They Were Ill-prepared for Tough Questions in Cross-Examination
Very ill-prepared for the deteriorating situation caused by their clients' past behaviour towards many people, including high-profile figures who offered to testify
The Media Sold Out to Slop Bros
If you wish for the hype to stop, then stop participating in it
The Only Non-IBM Staff in Fedora Council/Leadership Attacks Booting Freedom (Just Like the Master Wants)
Last week IBM laid off almost 1,000 people in Confluent and the media didn't write anything about it, so don't expect anyone in what's left of the media to comment on Fedora's demise and silent layoffs at Red Hat
Just Like a Founder of XBox Said, Microsoft XBox is Collapsing, Management Continue to Jump Ship
Nowadays Microsoft tries to promote this idea that Windows is XBox and XBox is Windows
Links 22/03/2026: Slop Triggers Emergency at Meta, Energy Prices Rise Sharply
Links for the day
Links 22/03/2026: Microsoft 'Open' 'AI' in Legal Trouble (Plagiarism, Distortion, Misrepresentation); Facebook/Meta Kills Off "Horizon Worlds"
Links for the day
Racism Dressed Up as "Choice"
Racism is rampant at IBM
Probably an All-Time Record
Our investment in our own SSG is paying off
Your Site Should Implement Its Own Search (Before It's Too Late)
GAFAM was never trustworthy
Gemini Links 22/03/2026: LLM Slop Attacks USENET, Announcing Pig (New Game in Gemini Protocol)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 21, 2026
IRC logs for Saturday, March 21, 2026
SLAPP Censorship - Part 18 Out of 200: Third Parties Funding Attacks on the Messengers, Lawsuits Against GAFAM-Critical Voices That Uphold Real National Security
Women are like kryptonite to them
Never Trust People Who Write Their Own Wikipedia Pages (Vanity Pages About Themselves) or Ask Friends to Do So. Also: Jono Bacon is Married to Microsoft.
We'd hardly be the first to point out Wikipedia isn't what it seems
No Tolerance for Attacks on Family Members
Being a Free software activist ought not lead to "collateral damage" like attacks on family members, including doxing
Sirius Open Source is Just a Zombie Firm With Shell Entities
Many companies fake their health and their size
Communities Can Only Survive When Trust Prevails
PCLinuxOS is still a vibrant and authentic community
Techrights Was Always a Community Site
The harder we're attacked, the more people participate in the site
Maintenance Reminder
We'll carry on publishing
Behind the PR Smokescreen and Microsoft-Sponsored Chaff, Microsoft Layoffs in "AI" Alleged This Month
In an age when ~1,000 simultaneous layoffs aren't enough to receive any media coverage, what can we expect remaining publishers to tell us about Microsoft layoffs in 2026?
EPO "Cocaine Communication Manager" - Part VIII - Mobbing and Silencing of Dissenting Staff
that's the very cornerstone of functional democracies with real opposition parties
Bluewashing at Confluent: Some Workers to Leave Within 3 Months (IBM Mass Layoffs)
Is the "era of AI" an era when none of the media will mention over 800 layoffs? [...] There's a lesson here about the state of the contemporary media, not just IBM and bluewashing
Microsoft OpenAI, Drowning in Debt and Forced to Make Significant Cuts (as Reports Reveal This Month), Does Hiring Disguised as "Takeovers" to Fake Value or Alleged Potential
Remember what happened to Skype last year
Reader Shares Recent Memes on Slop and 'Coding' by LLMs
"just some funny memes I thought were relevant to current coverage."
Slop Does Not Replace Art, It Contaminates Everything With Reckless Nonsense
many Computer Scientists do not want programs to get contaminated by slop
Coders Don't Just Reject 'Vibe Coding' Because They're "Luddites", They Just Know the True Cost of Slop
if some programmer says slop sucks, don't rush to assume selfishness or defence of one's occupation
When Nobody Else Covers the News
There's an obvious "media blackout" regarding the mass layoffs
Links 21/03/2026: David Botstein Dies, Slop as Censorship Apparatus
Links for the day
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026