Bonum Certa Men Certa

Growing Threats of Software Patents in Europe and the FRAND Trap Which Microsoft Promotes/Lobbies For

And Microsoft told us it "loves Linux"...

EU lobbying



Summary: Microsoft's lobbying against Android in Europe and for FRAND (essentially software patents) in European standards yield results

Software patents in Europe have been covered here for much longer than the EPO. Companies like Microsoft were using them to effectively ban Free/Open Source software (FOSS), or exclude such software from procurement policy as per the standards. According to this new article from Dr. Glyn Moody, Microsoft was somewhat successful with this as its lobbyists continue lobbying for FRAND in Europe [1, 2]. Yes, in addition to lobbying the European Commission for many years against FOSS/Android [1, 2, 3], eventually leading to antitrust action against Google, "Just as Microsoft is adopting open source, the EU is excluding it from policy - like Microsoft originally demanded," to quote Simon Phipps, who in turn cites Moody who's saying: "It's no surprise that the Commission was trying to keep that particular detail quiet, because FRAND licensing—the acronym stands for "fair, reasonable, and non-discriminatory"—is incompatible with open source, which will therefore find itself excluded from much of the EU's grand new Digital Single Market strategy. That's hardly a "balanced IPR policy."



"An inherent problem with this policy is that it wrongly assumes that patents on software have legitimacy in the EU.""The problem for open source is that standard licensing can be perfectly fair, reasonable, and non-discriminatory, but would nonetheless be impossible for open source code to implement. Typically, FRAND licensing requires a per-copy payment, but for free software, which can be shared any number of times, there's no way to keep tabs on just how many copies are out there. Even if the per-copy payment is tiny, it's still a licensing requirement that open source code cannot meet."

An inherent problem with this policy is that it wrongly assumes that patents on software have legitimacy in the EU. It's a loophole or even a distortion of European law. Well, it's not as though Microsoft truly tries to obey the law anyway... its front group, Business Software Alliance, has pursued this kind of policy for nearly a decade now.

"Well, it's not as though Microsoft truly tries to obey the law anyway..."Incidentally, yesterday IP Kat published this article about "Patentability of user interface designs", citing the Board of Appeal which isn't particularly software patents-friendly (unlike the EPO, it doesn't just seek to maximise profit by reducing patent quality or by also expanding patent scope over time, in defiance of the EPC*).

One comment from the FFII's President said: "Jacob said the "Technical" wording is a restatement of the same problem. "Technical" becomes the black hole where the EPO finds it way to bypass the spirit of the EPC, where all the exclusions concerns abstract matters."

"“Technical” is generally a rather meaningless term."One person responded by saying: "have you bothered to read the post? It explains how, on the contrary, the BoA of the EPO has refused to see anything "technical" in presentations of information, except in three now rather old cases (T 643/00, T 928/03 and T 49/04). Apart from that, I know for one thing that T 49/04 was an extremely controversial decision within the EPO, and this may explain why, afterwards, the Boards didn't continue on the same path."

Here we have a wilfully ignorant person who doesn't know the correlation between the UPC and software patents (high-profile people have spoken explicitly about it) and s/he says "conspiracy" to discredit those who speak about it, shooting the messengers as follows:

If "Zoobab" is the same Zoobab as on Twitter, s/he seems to be an anti-software-patent activist and appears to be a loyal follower of the Techrights blog, who see anything that even mentions software patents or the UPC (even in a negative context) as evidence of some sort of grand conspiracy to defraud the European public.

As it happens, I'm dubious about the merits of software patents or indeed the UPC. But I've learned that anything less than full, wholehearted agreement with the wacky conspiracy theories of such characters is seen as yet further evidence that there's not only a conspiracy, but also that you're part of it, even if you broadly share their misgivings albeit for different reasons.


The above puts words in the mouth of both Benjamin Henrion and myself -- words that were never at all uttered. In spite of the secrecy which breeds suspicion**, there is a lot of information one can accumulate by digging deep enough. There is actually plenty of evidence to show what we both said (not the above), the EPO's management keeps promoting both the UPC*** and software patents (we wrote about it with examples earlier this year), and this got the attention of other people last night. “Technical” is generally a rather meaningless term (like "innovative", "novel" and other such buzzwords). A toilet bowl too is technical. See this reaction to the phrase "the effect of a particular layout on the mental processes of the user could be considered... technical" (response in Spanish). ______ * “Customer”, apparently, based on this new tweet, is a new word for “applicant” as EPO inherits the ENA mentality of Battistelli.

** The EPO has once again (second time in a week) promoted the EUIPO. Recall the overlaps between those two [1, 2, 3]].

*** Here is the latest UPC promotion from the EPO (last night).

Recent Techrights' Posts

Why We Support Richard Stallman and You Probably Should Too
It's not about being "Richard Stallman fan", it is about maintaining the right to hold positions (on technology) like his
Some Large German Media Covers Richard Stallman's Talks in Germany Earlier This Week
LLM-based chatbots are just "bullshit generators" (as he has long called them)
Trouble in Red Hat/IBM and a Retreat to Ponzi Economics in Search of Wall Street Market Heist
Would you invest your life savings in this kind of crap?
Who Asked Software in the Public Interest (SPI) for a Refund? ($100,000, Resulting in Losses of $267,201 in 12 Months, Highest-Ever Losses)
The IRS does not reveal who or what's tied to this refund (or the cause/reason)
 
Generation Chaff - Phase II: "Cloud", Blockchains and Other Hype
For those of us who turned down those propositions there was a struggle; we needed to justify not having skinnerboxes or "social" accounts in some site run by a private company
Generation Chaff - Phase I: Social Control Media
IRC predates the Web
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 23, 2025
IRC logs for Thursday, October 23, 2025
More Clues Shed on Collapse of Microsoft XBox
XBox is basically circling down the drain as Microsoft implements 2-3 waves of layoffs each month
'Vibe Coding' Doesn't Work
In a lot of ways, so-called 'Vibe Coding' is already considered vapourware or a passing fad promoted in the media by managers who try to justify mass layoffs, especially ridding companies of "very expensive" software engineers
Links 24/10/2025: Microsoft's Killing of XBox Connected to Revenue/Profit Problems, "How Elon Musk Ruined Twitter"
Links for the day
Gemini Links 24/10/2025: 86,400 Seconds and "Society's Task"
Links for the day
Slopwatch: Google News and Slopfarms That Relay Nonsense From LLMs
Google News, which once prioritised or used to care about provenance and quality, is feeding slopfarms
Links 23/10/2025: More Health Concerns Over Dumb Chatbots (LLMs) and "Talking Cars" as Latest Buzz
Links for the day
Gemini Links 23/10/2025: Daylight Savings Time and Duration Shorthand
Links for the day
Links 23/10/2025: LLM 'Hallucinations' (Defects) in Practical Code 'Generation', China Becomes More Economically and Technologically Independent
Links for the day
Linux Foundation Uses LLM Slop to Promote Microsoft in Linux.com (Again), Rendering It a Linux-Hostile Slopfarm
Openwashing with slop by "Linux.com Editorial Staff", which basically seems to be a bot
Links 23/10/2025: Windows TCO Galore and "The Internet Is Going to Break Again"
Links for the day
Social engineering attack: Debian voted to trick you on binary blobs
Reprinted with permission from Daniel Pocock
Techrights Will Always Stand for Women's Rights
We even invest money - personal savings that it - in our principles
Certified Lawyers Should Know Better (Than to Intimidate Us With Man Who Drives on Motorcycle Through a Really Bad Storm Between Distant Cities, Then Collects Photos of Our Home)
Mentioning someone was in prison for bad things isn't a crime, it's a public service
The "AI" (Slop) Bubble is Already Imploding
"ChatGPT Usage Has Peaked and Is Now Declining, New Data Finds"
The So-called "Sexy" Buckets (AI, Quantum) Cannot Save IBM From Reality, Shares Tank
"No matter how much financial hocus-pocus they use to reclassify revenues to land in the "sexy" buckets (AI, Quantum), it still smells old and musty - just like this company."
Paul Krugman is Wrong About the Scope of Mass Layoffs in the United States
A few years ago society was accelerating its journey towards feudalism, boosted by COVID-19
Links 23/10/2025: Proprietary Blunders and CISA's Latest Disclosure of Holes
Links for the day
Gemini Links 23/10/2025: Fast Past (F1), 99.9% Uptime
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 22, 2025
IRC logs for Wednesday, October 22, 2025
Slopwatch: Google News is Promoting Fake 'Articles' About Fake Xubuntu, Fake Articles About Replacing Windows With GNU/Linux
The quality of the Web deteriorates and unless someone cleans up the mess, real sites will lose an incentive to produce anything
When "AI Layoffs" Mean Layoffs Due to the "AI" Bubble Popping
many people that are laid off by Microsoft claim to be specialists in "AI"
Mysterious grant forfeited, $100,000 from Software in the Public Interest accounts 2023
Reprinted with permission from Daniel Pocock
Evidence: bullying, student union behaviour: Armijn Hemel's FSFE resignation
Reprinted with permission from Daniel Pocock
Evidence: psychological abuse, stalking, Galia Mancheva, Susanne Eiswirt ignored by FSFE judgment for Matthias Kirschner
Reprinted with permission from Daniel Pocock
Helping FSFE scam victims and conference organisers
Reprinted with permission from Daniel Pocock
Nigerian fraud in FSFE constitution
Reprinted with permission from Daniel Pocock
Worrying and Amusing Stories of "Clown Computing" Gone Awry
Many of these disasters could be avoided
Links 22/10/2025: Amazon Plans to Replace Workers With Robotics, AWS and Clown Computing in General Ridiculed
Links for the day
Gemini Links 22/10/2025: Niri Completely Changes Multitasking and Overview of Diff-ers
Links for the day
Links 22/10/2025: Study on Misinformation by Slop and Heavily Debt-Sabbled Microsoft OpenAI (ClosedSlop) Uses "Browser" as Gimmick/Distraction
Links for the day
They've Already Spent Close to a Million Dollars on Lawyers and Sent Us About 50 KG of Legal Papers (Sponsored by Mysterious Third Party) to Try to Censor Techrights, Without Success
They try to overcompensate with sheer volume for a lack of solid, clear arguments (we are the victims here)
12 Months Ago the 'Hulk Hogan of UEFI' Officially Went 'Tag-Team'
We're actually sort of flattered or proud that such despicable people are so desperate to censor us
"Cloud Computing" Was Always a Joke, But This Week Was the Punchline
Maybe stop following tech trends and fashions
"Cloud Computing" Does Not Mean Safety
Fault tolerance is related to the notion of software freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 21, 2025
IRC logs for Tuesday, October 21, 2025
The Fall of Windows: From Something to Nothing
Of course Microsoft will pretend everything is fine and "just trust the hey hi" (AI)