Bonum Certa Men Certa

UPC Would Bring Software Patents to Europe and Open the Floodgates to Litigation

It's not hard to imagine who would benefit from making the abstract patentable

Trojan horse



Summary: The UPC also has a FRAND angle/element to it and thus, in many cases, software patents in Europe (patent tax or lawsuits over software, which is typed and copied or distributed rather than manufactured or produced)

THE EPO's management, seemingly working for large corporations (not even European)*, keeps trying to undemocratically push the SMEs-hostile UPC, by extension spreading software patents in the European continent/commonwealth/nations and beyond them (the EPO is broader than that). Examiners at the EPO oughtn't tolerate this as it jeopardises the quality of patents and damages the credibility of the EPO, along with the perceived value of European patents (EPs). We have already presented many articles, citing experts in the field, saying that UPC would bring software patents to Europe.



"Examiners at the EPO oughtn't tolerate this as it jeopardises the quality of patents and damages the credibility of the EPO, along with the perceived value of European patents (EPs)."One subject we have been writing about for over 9 years is RAND (sometimes known as FRAND for an extra euphemism, "fair"). This new article from the Indian press (where the debate about software patents has been hot recently) speaks about “FRAND” as follows: "The past week had an article on standard essential patents (“SEPs”) by Divya Rajput, and how their licensing on Fair, Reasonable, and Non-Discriminatory (“FRAND”) terms helps several industries to operate and serve customers. Ms. Rajput makes several interesting points, but these points are not grounded in reality and reflect logical inconsistencies.

"We have already presented many articles, citing experts in the field, saying that UPC would bring software patents to Europe.""There was a time when indentured servitude was considered to be a good thing. Thank God we are not living in those days. Today, it is a criminal offense. Same is true for licensing of SEPs. What was an excellent business practice in the 90s, is not a viable business strategy today. Out of the original five (Motorola, Ericsson, Nokia, Alcatel-Lucent, and Nortel), none remains in providing and manufacturing mobile phones. Rather, all are involved in patent licensing in some form or the other. The cross-licensing rates in those days cannot be used as a bench mark today."

Well, based on this new report from MIP, UPC remains a Trojan horse for FRAND and thus software patents in Europe (we wrote many articles about this around 2008). To quote MIP (behind paywall): "Our latest UPC scenario looks at a case involving a standard-essential patent. Michael Carter, Nick Cunningham and David Barron consider a defendant’s options in the new court system" (see this recent example).

"...it's imperative to rebut the claims which come primarily from patent lawyers, the EPO, and gullible journalists who just print whatever they're told by those former two groups."Readers should be made aware that in anti-FOSS lobbying circles (e.g. Business Software Alliance or Association for Competitive Technology) FRAND became a byword for software patents or incompatibility with FOSS. They try to phase FOSS out of existence, or simply make it arbitrarily taxable (see what Microsoft is doing to Linux and Android for instance), hence expensive and hard/impossible/verboten to redistribute. The UPC is a very dangerous thing. There is an article in German about it (just published, translations would be appreciated) and given the high (and growing) levels of misinformation in the media about the UPC, it's imperative to rebut the claims which come primarily from patent lawyers, the EPO, and gullible journalists who just print whatever they're told by those former two groups. ⬆ _____ * Suffice to say, the EPO is not European but an international body (exempt even from European laws). The only "European" thing about it is the staff. In spite of working for an international body, this staff is also European (EU citizens), hence should have European interests to defend, unlike the management (bossed by or made to please foreign stakeholders).

Recent Techrights' Posts

Microsoft Sort of Tried to Sell XBox Piecewise (Offloading Microsoft)
XBox is in a morbid state
Linux is Not Controlled by Linus (Torvalds)
Torvalds has become "90% marketing hype"
 
Intercontinental Brigading - Part XIV - Six Years of Learning Irish, But the Real Issue Was Microsoft-controlled 'Secure' (Restricted) Boot
Had I not opposed back doors in Linux, not of this would come about
Gemini Links 25/10/2026: Moana (2026) and OpenBSD Updates
Links for the day
The Netherlands Fast to Adopt GNU/Linux, "Market Share" Rises to Two-Digit Value (on Desktops/Laptops)
It peaked at around 20% yesterday
DST Still Needs to Get Abolished
Get rid of DST, efficiency will improve and systems will become more reliable
PHP2Shell as Paid-for FUD Campaign (Intended to Help Sell Slop and Fake "Market Value" of Slop Pushers)
PHP2Shell considered overhyped [...] Remember all the paid-for hype regarding Mythos? What happened to all that?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 24, 2026
IRC logs for Saturday, October 24, 2026
Gemini Links 24/10/2026: Arch Linux Journey and Amin Bandali's Priorities
Links for the day
Bluewashing as a Form of Silent Layoffs
IBM will continue to shed off loads of workers while its debt climbs
Turning 20 in 2 Weeks and Upcoming Network Maintenance
That ought not interrupt our anniversary
Microsoft Shutdowns Accelerating, More Shutdowns Revealed (Not Connected to Gaming)
Silent layoffs disguised as "voluntary" "exits"
Links 24/10/2026: Microsoft Blackmail and Lingering Unrest in France:
Links for the day
Gemini Links 24/10/2026: From Bendigo to Kerang, Enshittification of Radio and Music in the UK
Links for the day
Red Hat Sinks With the Blue (IBM) Ship
As IBM's debt continues to soar so do the silent layoffs
The "No Pain No Gain" Expectations in Publishing
Sometimes truth hurts; but that does not mean it mustn't be told
Intercontinental Brigading - Part XIII - Censorship by All Means Available in a Continent So Far Away, as 'Secure' (Restricted, Restriction by Microsoft) Boot Has a Crisis of Legitimacy
it's about America controlling sites and computers everywhere
Links 24/10/2026: Oligarchs Already Buy US Elections, GAFAM Front Group "EFF" Speaks of "Vulnerability Apocalypse"
Links for the day
Gemini Links 24/10/2026: Automobile Differential Tire Movement, Samsung Washer Woe, and Slop Scraping
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 23, 2026
IRC logs for Friday, October 23, 2026
As Usual, Late on a Friday XBox (Microsoft) Releases Evidence of Its Demise
We covered several such Friday announcements earlier this year
Gemini Links 24/10/2026: Break/Fix and OpenStreetMap
Links for the day
Links 23/10/2026: Slop "is Scaling Transnational Repression" and Infringement and DMCA Suits Against Suno/Anthropic (Plagiarism Blenders)
Links for the day
More Shutdowns at Microsoft, Hundreds of Workers Impacted Shortly
It's not the entire wave, just part of it
The Register MS: About 60 Mentions of "AI" in One Day Are Paid-for Spam (Sponsored Hype, Composed by the Companies Covered)
The Register MS is a dying site
Links 22/10/2026: MElon (Elon Musk) Election Interference and Perl/Raku Foundation by the Numbers
Links for the day
Techrights Audience Grew as a Function of the Intensity of Attacks on Its Existence
We try to publish fewer stories but better (not necessarily long but at least important) stories
TechRepublic is Becoming a Slopfarm
It seems like TechRepublic became LLM slop (maybe all of it, maybe only some of it for now)
Techrights is Not About GNU/Linux, Tux Machines Is
When we say "GNU/Linux" we emphasise the GNU
The World Needs Activists With Social Skills and Perseverance
An everyday activist makes life better for everybody, everywhere (not for personal gain or even credit)
Intercontinental Brigading - Part XII - Lawfare to Cover Up Microsoft's Restricted Boot Calamity (Microsoft as Authority Over Linux), Garrett Wants to Talk About Penises Instead
When lawsuits become a political weapon
Without Microsoft's Monopoly (and Monopoly Rents) the Inevitable Microsoft Mass Layoffs Carry on Endlessly
Microsoft Windows is not retaining the dominance it once had
IBM's Debt Grew About $2 Billion in 3 Months
The silent layoffs still seem to impact Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 22, 2026
IRC logs for Thursday, October 22, 2026