Bonum Certa Men Certa

Patents Roundup: EU Patent Deform, MPEG-LA, OIN, New Zealand, and Patent Trolls

Yellow flagpoles



Summary: Remarks, analysis, and developments as told mostly by FFII and its affiliates in Europe (who also care deeply about what happened in New Zealand this week)

As indicated earlier this month, the European UPLS seemingly collapsed [1, 2], taking down with it the possibility of software patents expansion in Europe -- for now. According to this long post, the zombie is not dead yet.



Then, in the early morning hours of the very last day of the summit, after endless hours of toughest negotiations, a bunch of bleary-eyed Heads of State, deprieved of sleep, will somehow find the final compromise on the EU patent reform project.


Let's hope not.

Benjamin Henrion, the president of the FFII, remarked on it by saying that it shows the "Financial crisis of Spain as a bargaining chip for getting rid of Spanish resistance in EU patent" and Florian Müller declined to comment about it on the record (it's kept private at his request). He did, however, make public information he has been gathering for a while by contacting MPEG-LA and other parties like Google.

One might assume that MPEG LA's obvious desire to maximize its royalty income would practically guarantee that all significant companies infringing its patents would be pursued. But the worldwide market is huge and if you have a country that's only medium-sized, then MPEG LA may decide for efficiency reasons to collect royalties only from the market leader. That one would face a risk of litigation if refusing to pay, but if that licensee's competitors don't pay because MPEG LA doesn't go after them for the time being, then that's an awkward situation for the licensee.


As a reminder, MPEG-LA is an NPE (patent troll) headed by a patent troll. We wrote about this subject in posts such as:



"If you saw my posting of yesterday on MPEG LA's licensing terms," wrote Florian Müller to us, "I guess it is an area where we may not be able to agree. We can't agree on the DPL for now (like the DPL, although I really think you should give it a fair chance and look at it when it's done because it could really pave the way toward abolition over the course of several years. That's normal. But concerning codecs, PJ grossly misrepresents the facts by claiming I prefer MPEG's stuff to WebM. I pointed out different aspects of them in different blog postings without ever saying I advocate one or the other. I left no doubt about my preference for a patent-free format but I have a "show me, I'm from Missouri" attitude about that one and indemnification would change the situation in a very positive way for me as I wrote on my blog. I don't say MPEG LA isn't a problem, but looking at what they charge vs. the business that licensees do it's clearly a small problem in the field of patent licensing. Those who don't offer licenses at all or only on unreasonable terms are far more problematic. Doing away with software patents would be the right thing to do and it would determine that there's no cost for any codec. In the meantime I for my part do make a distinction between somewhat acceptable licensing terms and anticompetitive practices."

Müller also pointed out that "the IDG News story on NEON's impending EU antitrust complaint against IBM shows the usual patent holder rhetoric of "copycat" and investment in innovation. Unlike MPEG LA, that's a patent holder who simply wants to shut out competition and nothing else." We wrote about NEON in [1, 2].

Müller's interests do not intersect with those of GNU/Linux, just as an important reminder. Regarding Canonical joining the Open Invention Network (OIN), Dana Blankenhorn shows Groklaw's take on Müller but also Müller's take on OIN [1, 2]. To quote an insightful portion:

The Founding Members direct policy, licensees can agree to put down their legal briefs, while Associate Members pay an unspecified fee and will exist somewhere in the middle.

“In mobile and in desktop we’re bringing in relationships where people provide a financial commitment, which we’re not announcing the amount, to support the evolution of OIN’s activities into these new areas,” said Bergelt.

In other words, expect a select few other companies to be invited. Perhaps as many as a half-dozen. They and the Founding Members will keep Bergelt’s 22-member staff employed.


That's one of the issues with the OIN. There is danger that it will serve its own interests rather than just eliminate some of its own software patents. LiMo has a patents pool too by the way. It's not necessarily helping in a world which is overwhelmingly against software patents. It feeds the software patents proponents. "Anti-free software lobbyists discuss patents on standards, all videos on Youtube," writes Benjamin Henrion in order to show what they are doing in Europe these days. It's quite similar to what they do in New Zealand -- a subject that we covered many times this year, even in this latest post about the sad outcome. Benjamin Henrion writes to Free software advocates in New Zealand:

Hi,

You have to be aware what is the strategy of IBM and Microsoft when they try to push for the infamous "as such" provision.

A German court has recently made Microsoft FAT patentable, despite the exclusion of computer programs "as such" from the law (the EPC).

Patent judges tends to interpret this provision as "a computer program as such is a computer program on a piece of paper" and this is what is excluded. On the other side, when the program runs on the computer, it becomes patentable.

If you are interested in clarifications to bring in New Zealand, you can take inspiration from the FFII€´s 10 core clarifications:

http://consultation.ffii.org/Clarifications


Separately, it's worth highlighting this new story about non-practicing entity (NPEs). Again, NPEs are patent trolls. "ASP (anti-patent troll company) will resell patents to trolls after 12 months," remarks on it FFII's president. Here are some quotes:

I’ve just sat through the IPBC session titled “Getting to Grips with NPEs”. Now that was a session which generated real emotion in me, and showed how amazing us humans are at spending time and effort on things that are ultimately meaningless.

I went through a large range of emotions. I started out neutral . Here we go, just another session about trolls, trolls justifying why even trolls do social good (we help small inventors make money from their IP!-well done, good for you), lawyers arguing over technicalities (rule 11, blah, blah blah), the anti-troll lobby screaming about how unfair the system is to allow this abuse and Dan McCurdy (we’ll come back to him later) giving his troll stats.

I quickly got into irritated. Mainly as the session was dominated by American accents justifying their respective positions. Mild anger soon followed. More American accents, more justification, more self-justifying arguments.

Soon followed by seething. Vigorous agreement with Nokia (great speech, really great speech Dr Schneider) and Technicolor (ex Thomson, good “I hate trolls” speech Beatrice de Russé). I found myself wanting to applaud. C’mon the anti-troll lobby!!!There was little room for middle ground in the room. And, for me, the anti-troll camp has my lifetime vote.

[...]

Dan McCurdy is a legend in the IP world. An IBMer under Marshall Phelps, a licensing expert/jobbing consultant in Thinkfire (I’m sure I recall his profile with a dollar amount against his face for his lifetime licensing dollars generated), now AST. But how can these two statements be reconciled? Statement 1, timed at about 46 minutes in “I would be delighted to close down AST tomorrow if the NPE problem went away!!” (hooray!!), and then, at around 58 minutes in “When we buy patents in for our AST members, we commit to sell them within 12 months, and we sell them to the highest bidder, we sell to operating companies, aggregators, and….to NPEs”.

Excuse me, come again….WHAT!!! You perpetuate the problem by selling on patents, to NPE’s, who can then sue those who don’t have licenses as they aren’t your members.


Notice the presence of Marshall Phelps. That's one heck of a troll (he builds or assembles patent portfolios, not products) who recently helped Microsoft fight against GNU/Linux and Free software, having previously helped IBM.

Recent Techrights' Posts

Why Would Anybody be Afraid of Talking to Richard Stallman?
We need to get rid of the baseless stigma
EPO on Strike
organisation operating outside the Rule of Law
Affirming What We Already Know: Solicitors Regulation Authority (SRA) is Profoundly Incompetent
"SRA ordered to pay solicitor £50k in costs after failed prosecution"
RMS Was Right 35 Years Ago
Stallman’s viewpoints have remained the same
 
Free Software in Swiss Media This Week
RMS is still going places with his Migros bag (Swiss retail giant)
TV Programs Disseminate False Numbers of Microsoft Layoffs (About 31,000 Laid Off Last Year, Not Including PIPs, Contractors and so on)
large-scale layoffs are inevitable, no matter how long Microsoft delays or procrastinates
Links 30/01/2026: Microsoft's "OpenAI Is Headed For Bankruptcy" and Bitcoin Crashes
Links for the day
Amutable is a Microsoft Proxy Like Xamarin, With Some IBM/Red Hat Staff Added for Good Measure
Amutable chasing money and trying to impose TPM etc. on everybody
The Letter Sent to the Ringleader of the Alicante Mafia This Week
Call for industrial actions to stop the salary erosion of EPO staff
Oracle's Debt Exploded by 22 Billion Dollars in 6 Months, the Ponzi Scheme With Scam Altman Was Classic 'Pump and Dump'
The founder of Oracle now uses his wealth for right-wing ideological reasons, nothing else
Facebook ('Meta') is Dead Meat, This GAFAM Company's Debt Exploded by Almost 33 Billion Dollars in Just 3 Months (11 Billion Per Month)
we can expect many sales/contracts to get canceled
Australia's top nurse takes on Musk, Zuckerberg & rogue health influencers, birthkeepers
Reprinted with permission from Daniel Pocock
The "Alicante Mafia" - Part XVI - The Associates of Mr. Cocainegate Don't Want to Talk About Cocainegate (Right of Reply)
Nobody wanted to talk about cocaine at the EPO
The "Open Source" (Corporate Openwashing) Fake Community Rejects Democracy, Open Source Initiative is in Effect Dead
This is basically the end of the OSI
Cracks and Holes in Microsoft's Slop Bubble (Also, Windows is Declining)
"More Bad News For Xbox As Microsoft Blames Gaming For An Annual Decline In Its PC Business"
Microsoft's Debt Exploded by More Than 20 Billion Dollars This Past Year, Says Microsoft
Expect more mass layoffs
Strike at the EPO Today
Next month we'll start a new EPO series
State of the Slop and The Register MS Runs Ads as 'Articles'
Yesterday we could not find much slop about "Linux"
Gemini Links 30/01/2026: Announcing Crossyword and SYN Attack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 29, 2026
IRC logs for Thursday, January 29, 2026
Gemini Links 29/01/2026: Naps, Letting Go, and Terribly Cold Weather
Links for the day
Links 29/01/2026: Kennedy Center Officials Resigning and Amazon to Cut 16,000 Jobs
Links for the day
Goodbyes to Red Hat and IBM
PIPs let them do the same with less "wasted" on severance or with obscene narrative-shaping
The Need to Understand the Projection Tactics Against RMS
There's an old and common saying (or "wisdom") about who's guilty when there's a fart in elevators (lifts)
Links 29/01/2026: Neocities Is Blocked by Microsoft, “Intellectual Freedom Centers” as the New "Intelligent Design"
Links for the day
Microsoft XBox Dying Not Only as a Console, Reveals Microsoft
Microsoft is trying to rebrand or repurpose the brand
Don't be Mistaken, Microsoft Boasts About Money That Does Not Exist and Revenue (Buying From Oneself!) Is Not Income
the company's debt grew
Fedora is IBM and There's Hardly Any Community Left
It's more like an onboarding mechanism for unpaid labour at (and for) IBM
IBM's Financial Performance in IBM's Own Words: Money Down, Debt Up Sharply
IBM isn't a healthy company
In Dominica, GNU/Linux Has Risen to All-Time High in 2026
a lot of America is moving to Free software this year
The "Alicante Mafia" - Part XV - EPO is on Strike Tomorrow, Lots to be Angry About (Except Money)
We'll soon finish the series
Gemini Links 29/01/2026: "Lady Audley's Secret" and "The Value Of Our Fear" (Carney's Speech)
Links for the day
Emmanuel Macron on Europe's GAFAM Addiction/Dependence: "There is No Such Thing as Happy Vassalage"
Microsoft has long worked to prevent commodification
It's Official, Mass Layoffs at IBM Again (2026)
In a matter of days we'll just see how much IBM's debt has grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 28, 2026
IRC logs for Wednesday, January 28, 2026
Laos and Microsoft: About 10% Windows, 0% Bing
There are many more nations like it
EPO Technical Meetings Show no Breakthroughs, a Strike Goes Ahead This Friday
Apparently there was another (fourth) meeting today [...] The industrial actions are working already
Google News as the Sole Source of Slop About "Linux", a Feeder of Slopfarms or Serial Sloppers
At least it's no longer hard to 'contain' the slop problem, knowing which domains are the culprits and seeing that Google is their main 'feeder'
IBM to Announce 'Results' Shortly, Expect Lots of Chaff Like "Quantum" and "Hey Hi" (Nothing Material to Show)
We're still seeing layoffs and an exodus
Links 28/01/2026: ChatGPT Has Financial Problems, White House Sharing Fakes (or Deepfakes) in Official Accounts/Sites
Links for the day
Gemini Links 28/01/2026: FlatCube NES Port Finished and "Why I Still Write on the Small Web in 2026"
Links for the day
Upcoming Techrights Series About the Public Appearances of Richard M. Stallman (RMS) in the United States
we plan to drop all pretences about "Open Source" and instead focus on Software Freedom
Upcoming Techrights Series About the Experiences of EPO Insiders
We'll start the new series some time next week
Links 28/01/2026: Microsoft Ordered to Stop Spying on School Children, Apple's Brand Tarnished by Its Complicity With Human Rights Abusers
Links for the day
Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026