Bonum Certa Men Certa

European FRAND (Related to SEP) Proponent and Famed Programmer Comes to Realise That It's Actually a “Scam”

Programmers are badly hurt by these loopholes by which illegal patents are imposed in bulk without scrutiny/challenge

Programmer



Summary: Even people who have long promoted the practice of mandatory "licensing" (in effect patent tax one is unable to work around) are apparently changing their minds and their tune

THIS site has had its 'ups' and 'downs' when it comes to Florian Müller, who at times took money to lobby and mislead. He even set up an event for FRAND some months back, albeit he warned me well in advance that he did not agree with some of the invited speakers (firms that front for Microsoft and the UPC). Müller became well known because of some early books of his, as well as campaigning in the area of patent law. He certainly understands that some companies -- Microsoft being a noteworthy example -- are sneaking European software patents into a package or bundle or "pool" of patents (what Fraunhofer is still doing). He certainly knows what Microsoft did with Nokia's patents. Some of them Nokia was instructed by Microsoft to pass to patent trolls, which would later attack Android with those patents.

"The EPO doesn't care about scientists and science anymore."The links below were originally intended for the next batch of Daily Links, but we thought it's worth a mention aside from the editorial comment that says "patent trolls-funded publisher supports the patent troll Sisvel and the likes of it" [1,2] (that's Managing IP, which in recent days became a megaphone for other patent trolls as well, even InterDigital; "In-house counsel from Sisvel, Nokia" cannot be considered journalists).

The good news is, regarding Müller, he now says that "the S in "SEP" stands for "scam" rather than "standard."" [3] (or so he wonders). Sometimes the "scammers" combine 4 euphemisms (FRaND) to make "SEP" sound 1) fair 2) reasonable and 3) not so bad 4) nor discriminatory. Pure marketing. They used to call it "RaND" (or "RAND") before adding an additional euphemism. Then there's "Z-RAND" and other nonsense (always with many lies stuffed in, like "IP"/"IPR" and "AI", deliberately loaded with misnomers).

If looked at closely enough, one quickly realises the underlying injustices, even if one is a proponent of monopolies. It's worth noting that both António Campinos and Benoît Battistelli, in their capacity as European Patent Office (EPO) presidents, habitually meet "licensing societies" -- which are basically patent collection cartels that are fronting for a bunch of unproductive parasites. Examiners are likely aware of the fact that they're not governed by scientists and their so-called 'leaders' almost never meet actual scientists. The EPO doesn't care about scientists and science anymore.

Related/contextual items from the news:

  1. This week in IP: Sisvel ruling unpacked, CJEU kicks out Neurim, new PTAB opinion


  2. German ruling levels the FRAND playing field

    In-house counsel from Sisvel, Nokia and a German carmaker explain how the Federal Court of Justice’s decision changes the rules of the FRAND negotiation game

  3. Nokia getting nowhere: two more infringement cases against Daimler stayed as declared-essential patents-in-suit are likely invalid

    Sometimes I wonder whether the S in "SEP" stands for "scam" rather than "standard."

    Everyone who deals with patents professionally knows that, at least with respect to information and communications technologies, the system is broken beyond repair. Patent offices issue far too many patents and treat mass filers as "key accounts" whose "demand" for weapons of extortion they seek to satisfy. Unlike its U.S. counterpart, the European Patent Office isn't run by a trolls' lawyer, but it's also part of the problem.

    But standard-essential patents take the issues facing the patent system to an even higher level. Companies overdeclare (though some have higher "hit rates" than others). No scrutiny is performed. And besides countless patents that aren't essential from an infringement point of view, the vast majority of those who may claim a standard-essential technique are simply invalid as granted.

    Nokia failed to deliver a great smartphone user experience, then increasingly resorted to patent monetization. But it concluded license deals without a lot of patents actually coming to judgment. They monetize a portfolio that contains a huge amount of hot or even not-so-hot air. Where's the substance?

    For a while, everything appeared to be working out according to plan for Nokia with respect to the Daimler dispute. They knew they were facing a 19th-century company that they hoped would cave at some point. Daimler certainly failed to put the necessary pressure behind its EU antitrust complaint, while Nokia found political opportunists of the worst kind in Brussels who were--and potentially still are--perfectly prepared to do lasting damage to the European Commission's reputation as a competition watchdog. After so many years of having been accused of protectionism, the Commission couldn't vindicate its critics more effectively and convincingly than by condoning Nokia's conduct.



Recent Techrights' Posts

What EPO Staff, the Staff Union of the European Patent Office (SUEPO), and Europe Want and Need
Who should be served by patents?
 
Links 19/04/2026: Mass Layoffs at GAFAM Again (10% Laid Off), Azure Capacity Problems (Enshittification)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 18, 2026
IRC logs for Saturday, April 18, 2026
GAFAM Decided to Stop 'Old' Formats From Working, Format-Shifting Treadmills Resemble the Certificate Cartel Keeping Everybody Forever Chasing Rotations
Lots of extra chores because those who control the browsers decided that "too much choice" is bad, so they'll break "old" sites and make multimedia that's "old" not work anymore (not playable)
Nothing But Vapourware Since XBox Leadership Ousted and Mass Layoffs Will Come Soon
We just don't know the exact date/s... yet
Gemini Links 18/04/2026: Guix and WikiReader
Links for the day
Network Maintenance Next Friday
We must be doing a terrific job so far given how much money gets spent trying to silence us
"The Work-to-rule is Having Effect" at the European Patent Office (EPO)
The media knows how to contact SUEPO, but it's clearly not doing it
Improving the Sites, Not Bloating Them
Sites need to evolve over time. Many conflate evolution with bloat (as if more complexity is desirable).
SLAPP Censorship - Part 50 Out of 200: The Time Staff of Law Firm Burgess Mee Was Showing Up in Letters Sent for a Serial Strangler From Microsoft
Family-friendly? No.
Next Week the Star of the "EPO Reality TV Show" Will Likely be Absent (Absconding the Tough Reality of Widespread Unrest)
He tarnishes the legacy of that surname and the country's image by spouting out lies and hurling abusive insults (lots of the "f word") at staff
Speculations That IBM's CEO is on His Way Out
IBM has mass layoffs, but the media is not covering this [...] IBM is a company in the loo, a firm in a state of rapid disintegration
Slopwatch Was Deprecated, It's Not Coming Back
LLMs that produce many words very fast (and waste a lot of energy in the process) cannot compete with authentic news sites
WELCOME to The Cyber|Show @ Geminispace!
Andy set things up this past week
Links 18/04/2026: Microsoft's PR Department (Waggener Edstrom) and CEO's Wife Buys NPR (BillPR, Now BallmerPR) as Independent/Public Service Media Dims Down
Links for the day
Gemini Links 18/04/2026: Chronic Pain and CodingFont Game
Links for the day
Links 17/04/2026: "I Hate the Internet" and Fake Wallet in Apple App Store
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 17, 2026
IRC logs for Friday, April 17, 2026
European Patent Office (EPO) Strikes and Other Industrial Actions Are Working: Patent Application Grants Have Collapsed
Even before the strikes happened any day of the week
SLAPP Censorship - Part 49 Out of 200: Two Americans, One Case, Recycled for Low Budget at Brett Wilson LLP and 5RB Barristers
Change one character, bill the client tens or hundreds of thousands of US dollars
Pension Contribution Increases as Another Attack on Compensation for EPO Staff (Mostly Patent Examiners)
Pension contribution increases!
Almost 1,000 IBM Layoffs Not Newsworthy (Nobody Covers It), Unlike When Snap Does It and Mentions a Celebrated - or Reviled - Buzzword
not a word regarding IBM layoffs
Behind the Scenes With Richard Stallman
If you support his ideas, even if you dislike him as a person, then you'll welcome his ability to speak about those ideas
Gemini Links 17/04/2026: "Many Problems and Inequities in the Legal System", "No Place to Hide"
Links for the day
Links 17/04/2026: SRA Breaks Its Own Rules as Solicitor Attempts Suicide, IPv6 Barely Hits 50% After 20+ Years
Links for the day
ActBlue former IT boss disappearance: Decklin Foster & Debian, Harvard suicide lab, Chris Gleason is wife, whistleblower or both?
Reprinted with permission from Daniel Pocock
Gemini Links 17/04/2026: Getting competent in NixOS and Alhena 5.5.6 Released
Links for the day
Links 17/04/2026: "We Cannot Lose Sight of Ukraine" and "When Leaders Should Resign"
Links for the day
GizChina Appears to Have Become a Slopfarm, I.e. Fake News Site With Fake Text
Don't waste a moment reading LLM slop, as at the very least it rewards plagiarism [...] Deemed to be slop also by two human beings, not just two scanners
Massive, Cross-Site Strike at the EPO Today
There's coordination across sites for maximal pressure
Dr. Andy Farnell Says "AI" is "Only a Marketing Term" for Things That Exist for "Entertainment Purposes Only"
distortion or misuse of the term (now buzzword/s) "AI"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 16, 2026
IRC logs for Thursday, April 16, 2026