Bonum Certa Men Certa

Openwashing Institutionalised NPEs (OIN) and Software Patents With Notorious Managers From the EPO

Fake European Patents disguised as "hey hi" (AI), 4IR, and other mumbo jumbo

Grants lots of fake patents. Waits for S* to hit the fan.



Summary: There's a strong push for software patents in Europe (basically fake European Patents on abstract ideas) and IAM leads/participates in it with help from OIN, Grant Philpott (EPO) and -- maybe soon -- Breton (EU)

European Patent Office (EPO) President António Campinos and his predecessor Battistelli have both promoted illegal software patents in Europe. They know those patents cannot be legally granted, so they make up new words, buzzwords, acronyms, misleading terms and sometimes they ride hype waves -- the same ones Iancu at the U.S. Patent and Trademark Office (USPTO) is riding as well because 35 U.S.C. €§ 101 otherwise stands in the way.



"This is of course most devastating to those who cannot afford legal battles -- those who can be abused -- threatened with litigation or actually sued -- and be compelled to shell out 'protection money' (for patents that are not valid)."We've entered a new kind of 'era' in the patent system; many patents can now be presumed invalid. It just takes money (petitions or court time) to prove the invalidity. This is of course most devastating to those who cannot afford legal battles -- those who can be abused -- threatened with litigation or actually sued -- and be compelled to shell out 'protection money' (for patents that are not valid). In last night's daily links we provided about a dozen new examples of software patents perishing in the US; we stopped covering such pertinent cases last year because priorities have changed. What hasn't changed is this reality of software patents being worthless garbage.

Over in IRC, oiaohm pointed out this paper that says: "In German bifurcated litigation system, in 12% of infringement cases where infringement was found by the courts, the infringed patent was eventually invalidated."

Got that? We've heard similar stories from the US lately. But nowadays Europe becomes more of the same. Caselaw centered around SCOTUS and the Federal Circuit (CAFC) is used, sometimes in Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) and sometimes in court cases, to throw out patents which were deemed "infringed". Well, if "1+1=2" is a patent, then everything and everyone is infringing, but the patent itself is a joke.

This past weekend Benjamin Henrion said that "CAFC belongs to the patent industry, fully captured court. SCOTUS vs CAFC is a 10:0 score at the moment."

"CAFC actually improved in recent years," I responded, as "SCOTUS has overturned CAFC decisions from the Rader -- not Sharon Prost -- era."

Over the weekend Henrion did some research into Openwashing Institutionalised NPEs (OIN) -- a subject that we covered here in relation to that awful EU paper. We nowadays find ourselves having to rely on our own research because investigative reporting in the area of patents barely exists. Henrion's tweets contain more information in them than this 'shopping list' journalism (a data dump of no value, entitled generically "Patents were assigned in New Hampshire from Nov. 3 to Nov. 10" as if it's machine-generated). We've also just seen this 'article' from the patent maximalists of "Bloomberg Law" -- a site that constantly pushes for litigation and for abstract patents under the guise of the "hey hi" (AI) hype, a buzzword resurrected for some corporate agenda. The site is composed almost purely by the litigation industry and for the litigation industry; but it's presented as "news". Billionaire Michael Bloomberg has no money for journalists. Instead he lets 'news' (self-promotional corporate propaganda) be written by lawyers, such as Yohan Liyanage and Kathy Berry of Linklaters LLP in this case. They say that "[t]he software code underlying the AI system may be protected by literary copyright, although its functionality and underlying algorithms may not (as copyright protects the expression of ideas and not the ideas themselves). Training datasets may also be protected by literary copyright if they are sufficiently creative and, in the European Union, potentially also by the separate “sui generis” database right if they have been subject to sufficient investment. All elements of an AI system (code, algorithms, data etc.) may comprise trade secrets if they are kept confidential."

Then it proceeds to the usual suggestion that such code should also have patents on it. Because hey, why the heck not? More litigation! More money for lawyers like them.

But getting back to the point, Henrion took note of this new agenda of an EU conference. "Open Source Beyond 2020" is the title of this conference and it "does not even mention the threat of software patents, especially with Unitary software Patents and patent trolls, one of the top worries for software companies and developers..."

Well, take a quick look at who's in this conference. These people do not represent FOSS, but the EU tells us that they do. The likes of OIN, i.e. front groups for the interests of IBM et al. Henrion also wrote: "The GNOME Foundation now wants 1M USD. They have also failed to answer FFII's demand. Time for an open letter #gnome #troll #oin"

As an associate of ours put it this morning: "Any word on how GNOME will deal with the patent troll? Better for them to fight software patents in general but it looks like they will make the mistake of aiming for the individual troll instead."

They're being led by OIN, which clearly uses the wrong approach -- the software patents-friendly approach. Henrion was rightly upset to see OIN working and co-authoring papers with Fraunhofer. "We suffered for 20 years with the Fraunhofer MP3 patents," he said. "People have short memories."

OIN calls them "charitable"...

Then again, look who runs OIN.

IAM is meanwhile preparing another software patents lobbying 'event'. It's coming up this week (2 days from now) and hype waves will be used to promote software patents, with front groups such as CIPU in the shadows, based on this page. Looking through the list of speakers, it's very much as revealing as it gets; Grant Philpott (EPO), Microsoft and others in this IAM event. Philpott threatened me for showing his E-mail about Microsoft et al. EPO is deeply corrupt and it threatens those who produce evidence of it. The EPO is a bullying organisation, but that's "small potatoes" for the likes of Philpott; he used to work in the Army, which literally kills people. Is it Philpott or Pol Pot?

Henrion took note of the next EPO phase: "EPO now uses software patents instead of CII: "Previously, Philpott was Chief Operating Officer in the information communication technology sector, where he was at the forefront of ensuring the EPO’s stable and predictable approach to software patenting." http://www.iam-events.com/events/iot-ip-2019/speakers-6e588d27158140d98ee1f35b75c3e976.aspx …"

They're so shameless about it. They're doing illegal things. And going back to OIN, watch how it not only participates in the EPO's software patents advocacy events but also IAM's (the patent trolls' lobby):

Mirko Boehm, our Linux System Definition Director, will join senior executives from Bosch, Telefonica, and Siemens in a panel discussion to address the “New Protection Paradigms” during the IoT IP conference November 20 in Munich, Germany. Experts estimate there will be 22.5 billion IoT devices globally by 2025. IAM’s IoT Intellectual Property (IP) conference provides a platform for senior IP decision makers across industries to discuss the opportunities, challenges and strategies which are rapidly changing in a world that depends on interoperability and security, increasingly through the use of Open Source Software (OSS). Register here: http://www.iam-events.com/…/event-summary-6e588d27158140d98…


That's what the Open Invention Network published in Facebook (yes, Facebook) this weekend and on November 12th it said:

As Open Source Software (OSS) continues to transform software development — from start-up companies to worldwide enterprises — the conversations are shifting towards new business models, technology’s impact on all industries, and the intersection of open source and standards. Our Director for the Linux System Definition, Mirko Boehm, has co-authored “The Relationship Between Open Source Software and Standard Setting,” a Joint Research Centre (JRC) Policy Report for the European Commission (EC). It will be presented during its “Open Source Beyond 2020 – Powering a Digital Europe” workshop in Belgium Nov 14-15. https://ec.europa.eu/…/workshop-about-future-open-source-so…

#opensource #linux #patent #openinventionnetwork


Stay classy, OIN. You're rather blatantly on the side of the trolls these days. Your management has patent trolls in it.

You do not speak for "Open Source Software (OSS)"; you sometimes speak for companies that attack "Open Source Software (OSS)".

Later today we shall publish part 7 of the Breton series. Breton's series will have at least 18 parts and it is very much relevant to the EPO, as later parts will show. Breton's French nationality isn't key here but his connection to a bunch of French patent trolls. He's friends with Battistelli and companies that lobby for software patents, so if elected to EU leadership, he would 'champion' software patents for sure... just like OIN. Maybe he'll appoint OIN official spokesperson for "Open Source Software (OSS)", speaking for members like IBM and Microsoft.

As Henrion put it, "Someone should ask Breton if he will propose a new software patent directive if the Parliament asks for it, under the inter-institutional agreement [...] Breton in the hands of the EPO and the patent mafia https://www.epo.org/news-issues/news/2018/20180607.html … #epo #breton [...] Still does not have answers on how SMEs are supposed to defend themselves against patent trolls. Mr Breton was driving many patent extorsion/licensing plans, and is an EPO friend. Don't know if Thomson was still extracting MP3 royalties when he was active, but still."

He worked for that company 1997-2002 when MP3 was 'all the rage' with almost no ubiquitous alternatives; all these patents were software patents.

Recent Techrights' Posts

Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
 
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026
A Vortex of Beacons (or "Bluetooth Everywhere" Vision)
If someone (or someones) calls you paranoid for taking about "beacon"-like functionality, there will be no lack of authoritative citations (e.g. Web links) they can be provided to prove them wrong
Falkland Islands: GNU/Linux Elevated to 6%
GNU/Linux usage seems to have increased a lot there
Links 16/08/2026: Reading Outside, Going Offline More, and Art of Computer Programming
Links for the day
The Question of Patience
Is there a lesson here somewhere?
IBM May be Sued for Mass Layoffs Via PIPs
Some whole threads (with all the long comments in them) recently got nuked by thelayoff.com
Links 16/08/2026: Ceuta Reports Social Control Media Used as a Weapon
Links for the day
Links 16/08/2026: Europe in Crisis of Droughts While Energy- and Water-Consuming, Pollution-Emitting Chatbots Are Spread by GAFAM (US) to Keep a Ponzi Scheme Going
Links for the day
GNU/Linux is a Platform for Work (Usage Surges in Daytime)
GNU/Linux 15% in daytime
We Need Rain, Not Chatbots
There's no "anti-AI" (it's not even AI), there's opposition to fraud, to plagiarism, and to companies that profit more when there's global warning (caused in part by their business activities)
SLAPP Censorship - Part 151 Out of 200: Dealing With Sleazy People and Companies That Steal (While Employing These Sleazy People)
we offer a quick summary and we're reflecting
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 15, 2026
IRC logs for Saturday, August 15, 2026
Gemini Links 16/08/2026: Sterrenkijker Releases, Solar Gemini Server
Links for the day