Bonum Certa Men Certa

FFII Challenges Software Patents in Europe, DOJ Does the Same in the United States But With a Twist

All eyes on Europe tonight

Europe



Summary: Action against Amazon's one-click monopoly and unintentional action against FRAND, which helps legitimise software patents as part of 'standards'

DESPITE HEAVY lobbying, software patents in the EU are in principle not legal, but Amazon managed to cheat the system. The FFII takes action and in a new press release the FFII says:



For Tuesday the European Patent Office (EPO) scheduled a hearing on the Foundation for a Free Information Infrastructure's (FFII) opposition to the legendary "one-click gift order" patent from online retailer Amazon.com Inc.

In 2004 the FFII e.V. filed an opposition to Amazon.com's "one-click gift order" patent grant.

FFII board member Stephan Uhlmann: "Software patents hinder innovation and our digital economy as whole. We took on a show case of a software patent while European officials told us software patents were not existent."

Three years later the EPO revoked the patent because of non-inventiveness. After Amazon appealed the decision in 2008, the EPO restored its validity and remitted the case to the first instance. Tomorrow, more than four years later, the EPO's opposition department will once again review the case.


Gérald Sédrati-Dinet, a leading opponent of the unitary patent, notes that UK courts rejected some software patents after they had approved Symbian's some years ago [1, 2].

#swpats software patents still rejected by UK courts http://ur1.ca/ciswd will #UPC follows this interpretation or #EPO 's practices?


Here is the corresponding article which says:



This was an appeal to the High Court of a decision by a UK Intellectual Property Office Hearing Officer not to grant two patent applications (one directed at human subjects, the other to animals). The invention in this case relates to the field of genetics and was directed towards a screening method for differentiating between copy number variants (“CNV”s- repeated sections of DNA) which are associated with a particular condition or phenotype, and CNVs which are present in the population at large, and do not appear to cause disease.


Those patents got trashed again. So perhaps Europe is still somewhat under control and in a state of relative sanity.

Now, what about the US? And on what grounds did DOJ oppose some standard-essential software patents? We said it was for corporate reasons (against FRAND, selectively) and as Masnick's site puts it, "USPTO And DOJ Shocked (Shocked!) That Companies Abuse Patents, But For The Wrong Reasons". Here is more:

In a move that struck some by surprise, the US Patent Office and the Department of Justice put out an interesting statement arguing that companies need to stop abusing promises for fair, reasonable and non-discriminatory (FRAND) licenses (pdf) for standards essential patents (SEPs). They argued, quite reasonably, that lawsuits over SEPs can stifle innovation and block competition. Well, duh. While many are interpreting this as having to do with the FTC/Google settlement, which touched on exactly this issue, the DOJ/USPTO letter seems much more focused on trying to knock some sense into the International Trade Commission (ITC) concerning how it deals with the patent cases it hears. As we've been discussing for years, patent holders get two (entirely) separate cracks at using the legal process to slap down those they accuse of patent infringement. First, there's the federal court system, which is what most people think of when they think about patent disputes. The second is going to the ITC and seeking to ban the product from entering the country (i.e., getting an injunction).


Ironically, it was Microsoft lobbying against Google that weakened an anti-Linux weapon. Watch what Apple is doing with FRAND:

Apple has given notice [PDF] that it has appealed to the Federal Circuit Judge Lucy Koh's order [PDF] denying Samsung's motion to seal certain Apple documents. Apple had filed materials in support of Samsung's motion, but Judge Koh refused to seal some of those materials in her November 29 Order.

[...]

This issue has been going on since July, and the judge stayed her orders so the parties could appeal, which Apple has now done. Interestingly, it's Apple appealing, not Samsung, so that is who really cares.

So what is it Apple wants kept from the public? I'll show you in detail, but the big items appear to be Apple’s internal customer research, specific financials, and certain license agreements.

After the order, Apple filed Exhibit 2 to the Robinson Declaration, its calculations that it is suffering $399,196 a day in supplemental damages, or $50 per infringing Samsung unit sold, from October of 2011 to the end of December 2012, with a total estimated supplemental damages figure of $101,167,892. Are they kidding? $50 for each phone sold. Can you imagine?

Apple is the one who has been telling courts that if it had to pay $6 per unit, or 2.4% royalties, per phone for FRAND patents, it would go out of business. But here it is asking for $50 per unit from Samsung for patents, at least three of which are under a cloud at the USPTO in reexaminations.


Yes, Apple alone wants fifty dollars for each phone that does not even use anything from Apple, it uses Open Source and Linux. Some 'justice' eh? Microsoft wants to do the same. It's the act of patent stacking and it's collusion. A Microsoft patent troll, Paul Allen, wants yet more money from Android devices and here is the latest from this case:

When we last looked at the case of Interval Licensing v. AOL, Apple, Google, Yahoo! and others, the case was headed for the Markman hearing on claims construction (see, Allen v. World - The Fight Over Claim Construction) The claims construction issues have now been decided, and a key interpretation has substantially cut in favor of the defendants.


Those defendants already lose in the sense that they must lose focus and spend money in court. Microsoft also sends some patent trolls to fight Android as their toll on the industry grows. From the British press today:

Patent trolling is a "cancer" that poses an "existential threat" to US business – especially startups – according to a panel of experts at last week's CES 2013. But there are plans in the works to fight back.

"There's a great quote from Scientific American," congressman Peter DeFazio told his audience at a CES 2013 panel. "They say, 'It is almost as though we have taken our collective creativity and placed it in a lockbox, where the main benefactors are lawyers and profiteers'."


Don't forget monopolists who hire those lawyers and bankroll or arm trolls to help distort the market. Either way, by eliminating software patents we can assure that a lot of the trolls will go away. A lot of (F)RAND too will be rendered obsolete.

Recent Techrights' Posts

British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
 
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Sophie Brun, Raphel Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026