Bonum Certa Men Certa

The European Commission and the Failure to Stop the FRAND/SEP Lobby

Bristows and IAM: working together to help patent trolls in Europe

Bristows and IAM



Summary: The European Commission -- rather than show strength in the face of patent parasites -- shows considerable weakness by allowing controversial mergers/takeovers and issuing token fines

THE European Commission has succumbed and surrendered to pressure fom Microsoft front groups again. As this article put it the other day, obligatory patents one can't work around are becoming more institutionalised:



In November The European Commission issued a communication setting out its vision on standard essential patents (SEPs) and outlining its expectations from stakeholders involved in the declaration, exploitation and enforcement of SEPs. Stakeholders include SEP holders, SEP implementers, standard developing organisations (SDOs) and national courts of the member states.

The communication draws on a number of points arising from various judicial decisions, such as the U.K. court’s decision in Unwired Planet v. Huawei on what constitutes fair, reasonable and non-discriminatory (FRAND) licensing terms and the Court of Justice of the European Union’s (CJEU) decision in Huawei v. ZTE. The communication also provides principles of general applicability and sets out specific recommendations and guidance.


This also indirectly relates to companies such as Qualcomm, which was brought up the other day in the context of its battles with Apple:

The high-stakes FRAND licensing dispute between Apple and Qualcomm took another turn last week when the chipmaker filed a subpoena against Philips Electronics North America demanding that the Dutch company produce information on its licensing practices deemed relevant to the litigation that is currently gripping the patent world.

According to the subpoena, which was filed in Massachusetts district court, Philips does not dispute that the documents are relevant but has so far declined to make them available because of concerns that the protective order put in place by district court in Southern California, where Apple filed its suit against Qualcomm, does not have adequate confidentiality provisions. Philips has demanded that both companies and any of their counsel who have access to the information should be barred from acting adversely to the Dutch company — such as in a litigation case against it — for two years following the conclusion of Apple v Qualcomm.


This was written around the same time that the European Commission imposed a $1.23bn fine on Qualcomm -- a move which Qualcomm critics actually described as a 'win' for Qualcomm for the following reasons:

In tennis, there are four Grand Slam tournaments. In antitrust enforcement, there's no official equivalent, but I would argue that a company being held in violation of competition rules by the United States, the European Union and at least two major Asian jurisdictions has a legitimate claim to the crown. Last year, Qualcomm got sued by the Federal Trade Commission of the United States; just a month earlier it had been fined by the Korea Fair Trade Commission (KFTC); in October, the Taiwan Fair Trade Commission imposed a record fine of more than $700 million; and it had been fined in China a couple of years before. But one key jurisdiction was missing from this list (apart from reservations concerning Qualcomm's proposed acquisition of NXP): the European Union.


Most of the press coverage about this (e.g. [1, 2, 3]) framed it as a big loss for Qualcomm, but former IAM staff -- alluding to this new $2 billion deal -- said, "[t]hat should pay off the EU antitrust fine with some left over" (fine was too low).

The CCIA, writing about the above, is still tackling the FRAND/SEP scam (patent tax you cannot avoid/work around). To quote:

First, the EU antitrust authorities fined Qualcomm $1.2 billion over conduct that involved locking Apple into an exclusive supplier arrangement in order to harm competing baseband chipset makers. The EU investigation isn’t the only place Qualcomm’s anti-competitive conduct is being challenged; they’ve also been fined by the Korean FTC and the US FTC is currently pursuing a case against Qualcomm. Apple has also filed a lawsuit against Qualcomm. As Patent Progress has previously discussed, Qualcomm’s conduct harms competition and thereby harms consumers. Qualcomm, rather than changing course, has filed additional lawsuits aimed at using their SEP portfolio to harm companies that challenge their anti-competitive conduct.


The trolls and the patent microcosm, with firms like Bristows, have lobbied hard for this injustice, even in the UK. Bristows and IAM work together on this lobbying effort.

Even IP Kat is pushing this agenda/scam (if not Bristows, then Eibhlin Vardy). As usual, the same people who push/lobby for UPC in Europe (for trolls) and for software patents also adore patent thickets. What we're dealing with here is rather troubling for Free/Open Source software as these thickets typically overlap software as well.

Recent Techrights' Posts

Alex Oliva, the Potential 'Successor' of RMS, Has a New Web Site
More freedom for Alex Oliva
Azure is Turning 17 This Year, Still Losing Money and Staff
Hallmark of pyramid schemes, deriving "value" out of things that do not really exist?
 
Promoting Microsoft Windows With LLM Slop
What is the policy at BetaNews regarding LLM slop?
Links 16/02/2025: "Microsoft Is Laying Off Employees" and Internal Dissent Brewing at Facebook Over Regime Complicity
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 15, 2025
IRC logs for Saturday, February 15, 2025
Links 15/02/2025: Harms to Health, Public Domain, and More
Links for the day
Gemini Links 15/02/2025: On Autistic People, AuraGem Over HTTPS
Links for the day
The Cyber Show (C|S) Speaks of the "Rise of the Nerd Reich."
This 'Valentine Episode' is quite good
Strong Momentum for the Free Software Foundation (FSF) as Winter Approaches Its End in Boston or in the Northern Hemisphere
FSF's founder, Richard Stallman, gives another talk in Italy in 9 days from now
The 'Drunken Plagiarists' Are Harming Journalism About GNU/Linux
They lessen the incentive to do real journalism abut GNU/Linux
Female Nazis and racist Swiss women
Reprinted with permission from Daniel Pocock
Richard Stallman on RISC-V and Free Hardware
Invidious is under attack by Google
Links 15/02/2025: Erasing of American Science and Tesla SLAPPing Critics
Links for the day
IDG 'Reviews' of GNU/Linux Now Contain LLM Slop
It's typically ads or commercials... or sometimes spin disguised as news
Gemini Links 15/02/2025: Spectacles and "Before Sunset", Moving Domains Out of the US
Links for the day
Microsoft Has Only $17,482 Million Left, "Cash on Hand" Sank 40 Billion Dollars in 2 Years
Microsoft runs low on money in the bank
YouTube Layoffs Mean That YouTube is Still Losing a Lot of Money (Net Income or Profit Almost Definitely Negative)
In more recent years Google defunded many vloggers
In Gopher and Gemini Protocol People Abandon Services Based in the United States
There's no resistance whatsoever
Python and Microsoft: Pandas Should Have Known OpenDocument Format (ODF) and Microsoft Excel Are Different and Competing Things
now we're meant to think that in order to open ODF files we need some functions with "Excel" in their name
Not Only Windows, Surface, and "Hey Hi" PCs; Microsoft's Hardware Ventures Are a Dumpster Fire; HoloLens Mixed Reality Hardware Now Axed Altogether and Staff is Miserable
Microsoft is in a terrible state
Certificate Authority (CA) Let's Encrypt Now Down to TEN (0.3% of the Whole) in Geminispace
The number of capsules that use Let's Encrypt is, according to Lupa, about to fall to single-digit figures
Links 15/02/2025: University Price Hikes and Copyright Action Against Slop Companies
Links for the day
Slopwatch: All Those New 'Articles' Are Fake and Crafted by Chatbots (LLM Slop)
Google News is promoting these as "Linux" news; they're not even made by humans
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 14, 2025
IRC logs for Friday, February 14, 2025
Gemini Links 14/02/2025: Mysterious Friend and "Eight by Eight"
Links for the day
They Will Never Leave Linus Torvalds Alone, Rust is Just Another Way to Cause Instability and Infighting in Linux
We already identified the Rust "community" as troublemakers more than 5 years ago and we wrote about the evidence
Apple: Social Justice or Social Nationalism?
Remember to buy Apple, folks
Links 14/02/2025: Mass Layoffs at Sophos, Chatbots Failing Very Badly, "DOGE as a National Cyberattack"
Links for the day
Moving Away From Certificate Authorities (CAs) Like Let's Encrypt Means Taking Away From the US Government the Power to 'Censor' Sites by Revoking Certificates
Gemini capsule is cheap to run and easy (easier than a Web site) to maintain. More people disillusioned and frustrated with social control media flock to it.
BetaNews' Managing Editor Wayne William Took Charge of GNU/Linux Articles and His Articles Are Real (He Actually Wrote Them)
We are frankly relieved to see that Wayne William recognised the problem and did something about it
Links 14/02/2025: Publicity Rights Violated (ByteDance), Bribes to Trump Passed via Social Control Media 'Settlements' Again
Links for the day
Gemini Links 14/02/2025: Constitution, Cosmic DE, and More
Links for the day
Slopwatch: Anti-Linux Articles Published by Bots, Dominating Google News
So a lot of the Web is Microsoft chatbot-generated anti-Linux FUD
Links 14/02/2025: Measles Outbreak in Texas, Zelensky Warns Russia Will Attack a NATO Country
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 13, 2025
IRC logs for Thursday, February 13, 2025