Bonum Certa Men Certa

Today's Chaos Computer Club (CCC) Talk: EU Software and Business Method Patents: Call for Action



Summary: Today's talk about software patents in Europe and a petition calling for action to stop these (again)

AS EPO examiners probably know by now, despite software patents ("as such," as per Brimelow) not being legal in Europe, the EPO does occasionally entertain patent applications that pertain to software, even if it euphemistically names them CII to nymshift and add smoke to the debate. This can devastate famous European companies.



A CCC talk which was mentioned here over the weekend is now available for viewing online. It was presented earlier today and we were hoping to find a static file (Ogg/WebM preferable) as soon as possible in order to share information about software patents in Europe. EPO workers might wish to watch this in order to better understand how the management dodges the rules. The above video is from YouTube (the speaker has just sent it to us) and the MP4 version is already mirrored in the FFII's Web site (1.1GB file in a heavily-patented multimedia format, ironically enough).

"A CCC talk which was mentioned here over the weekend is now available for viewing online.""Henrion and colleagues are on at 32C3 now," a reader wrote to us earlier, so some people were evidently streaming it live. This reader of ours tracked down the petition mentioned at the end of the talk. "It seems risky," the reader said, as more people now realise that the EPO is out of control and UPC needs to be shunned. "According to the petitioner," says the European Parliament's Web site, "the European Patent Office is an international European institution which does not fall under EU law. He proposes that the EU contacts the EPO in order to conclude an interinstitutional agreement which would enable Members of the European Parliament to address parliamentary questions to the EPO and improve the parliamentary supervision of the EPO. The petitioner also asks the European Commission to harmonise national substantive patent law so that patent law becomes part of the acquis communautaire and the major differences which currently exist between the national patent law systems are removed. The EPO cannot deal with these differences, but has become the de facto harmoniser of patent law owing to its position as the provider of patents. According to the petitioner, the current situation is lacking a legislator and the development of patent law is concentrated in the hands of the executive and the judiciary. This is contrary to the separation of powers. The lack of balance between the powers means that it is difficult to respond to the fact that patent law affects areas other than that of EU policy, such as industrial policy, European standardisation and research policy. Moreover, the petitioner believes that the lack of harmonisation of substantive patent law weakens the negotiating position of the EU in matters relating to patent law with respect to third parties (WIPO, SPLT, TRIPS+, etc.)."

Incidentally, earlier today we found more articles about India rejecting software patents (for now...)

An article by RNA, who call themselves "Intellectual Property Attorneys" (it's not hard to guess whose side they're on), was published earlier today, around the same time of an article with the title "The Murky Waters Of Software Patents".

"The one side isn't "patent supporters" but mostly large corporations.""India has announced a hold on plans to clarify the software patent process within the country," wrote the reporter of the latter article, "a move that has both critics and supporters up in arms. In one camp, patent supporters argue that the investment in a new piece of software has to be protected both financially and by reputation against cheap imitators, while critics of software patents claim that software patents do nothing but lead to expensive litigation to fight infringement claims."

The one side isn't "patent supporters" but mostly large corporations. They're not even Indian. They support not patents but software patents in India, which makes no sense for this economy that thrives in software and isn't wealthy enough to withstand legal actions from aboard (mostly north America, obviously). That's the kind of thing which UPC passage would enable, attracting all sorts of patent trolls and bring them to Europe with their software patents (that's what trolls typically use for extortion purposes, where small companies are attractive targets that cannot afford legal battles and may quickly settle instead).

Learn from the mistakes of patent scope at the USPTO (whose official site is reportedly still not fully working today, based on IP Kat's comments, even 4 days after the outage).

Recent Techrights' Posts

You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
 
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025
Gemini Links 14/04/2025: Silver Pigs and more Foundation, Disliking Computers
Links for the day
Hundreds of Microsoft Layoffs (Net Headcount Decrease) in the United Kingdom
headcount decreased
Links 14/04/2025: Russian Attack on Sumy Shows No Intention of Peace, Virgin Australia Admits Overcharging People
Links for the day
The Dilemma of Web Browsers Lying About What They Are (in Order to Bypass Discriminatory Gateways Like Clownflare) Worsens Due to LLM Slop
LLM crawlers/scrapers have made sites more restrictive and hostile towards browsers that are potent but not "famous"
What Really Matters to Companies is Net Income or Profit (Bankruptcy is Possible Even With High Revenue)
We ought to stop talking about revenue without focusing on actual profit
Carole Cadwalladr Talks About How Big Business Tried to Silence Her (and Why You Might be Next)
Our story is very different from Cadwalladr's for many reasons
Companies Conspiring to Keep Salaries Down and Undermine Competition
People who do all the practical work are being paid less and made to work for much longer
Links 14/04/2025: Disinformation, Public Disdain for LLMs, and "Lessons on Tyranny"
Links for the day
LLM Slop and SEO SPAM Take Us Further Away From Facts (the Case of IBM Layoffs)
Some of these can impact Red Hat as well
Gemini Links 14/04/2025: Ween and Historic Ada Project Management
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 13, 2025
IRC logs for Sunday, April 13, 2025
Influencers: Red Hat, Inc's IPO, 1999, post-mortem on the directed share offer to open source developer community
Reprinted with permission from Daniel Pocock