Bonum Certa Men Certa

Belgian EU Presidency and BSA Threaten Europe's Digital Future With Software Patents

Vincent Van Quickenborne



Summary: Links and succinct analysis of forces in Europe which promote or help promote software patents, impeding its original agenda in the process (sometimes for multinationals to capitalise on)

PROPONENTS of software patents in Europe rear their heads again and in order for their influence to be diffused/defused (generally dismantled) we will show who they are and what ideas they are promoting. First of all, up goes the Belgian EU Presidency again. We wrote about its positions very recently, under the assumption that Quickenborne plays a key role [1, 2]. According to this report, the Presidency is still pushing for the European Patent, which may enable software patenting through the back door.



Meanwhile, it has been reported that the current Belgian EU Presidency seeks a break-trough in the negotiations for the EU patent and the unified European Patent Court by a non-paper put on the table at the informal Competitiveness Council of 29 September 2010.

The non-paper suggests an alternative language regime to overcome the opposition of especially Spain and Italy, which are the most vocal critics of the Commission's latest proposal. According to the compromise of the Belgian Presidency, English French and German would remain the official languages for filing EU patents, while English would be the only language into which patents are translated, however, only for a transitional period until the performances of translation machines have reached a sufficient level.


Alexander Spuntz says:

EU Commission presents "Innovation Union" Initiative as Belgian Presidency seeks Break-Through in EEUPC Language Issue: http://bit.ly/dv4kf1


Now we come to the reaction of the FSFE, whose opinions on matters of patenting are similar to the FFII's (both are based around Germany). The head of the FSFE writes:

Asked #WIPO #SCP15 why study http://ur1.ca/215on discusses EPO's granting of #swpat, but doesn't mention this is illegal under EPC Art 52


Separately, said the head of the FSFE, "BSA Mueller [claims that] standardisation policy shouldn't take sides re business models. I agree - standards should be implementable OS/FS"

This goes back to what the BSA did in London last month. BSA lobbying for software patents (through RAND) in Europe goes years back and we have a wiki index documenting some incidents. According to this, there is some good news though; the European Union nearly chooses to ban RAND/FRAND, so lobbyists like BSA use the "red" smear which the FFII is already laughing about. It's like they try to compare API access to communism. What pathetic and disrespectful tactics.

The European Union is on the cusp of writing public procurement rules which favour patent- and royalty-free technologies, according to software giants who argue that the rules echo Chinese public procurement laws.

[...]


As the FFII puts it:

#BSA worried #EIF would "give technologies that have open specifications an advantage in public sector bids." #lol http://bit.ly/bFyV29


Glyn Moody has responded with the article "Whatever the BSA Says, FRAND is no Friend of Europe". He compares this to the World Wide Web.

The European Commission is therefore quite right to follow the W3C when drawing up modern standards for the 21st century, rather than being held back by older approaches that were drawn up for quite a different world. Let's hope the Commission is not led astray by the BSA's special pleading for the unfair and inefficient FRAND, which is most certainly not a friend of Europe in this case.


One ought to remember that Microsoft funds the BSA. So does Novell.

Recent Techrights' Posts

[Meme] The Heart of Staff Rep
Rowan heartily grateful
 
Links 18/04/2024: Misuse of COVID Stimulus Money, Governments Buying Your Data
Links for the day
Gemini Links 18/04/2024: GemText Pain and Web 1.0
Links for the day
Gemini Links 18/04/2024: Google Layoffs Again, ByteDance Scandals Return
Links for the day
Gemini Links 18/04/2024: Trying OpenBSD and War on Links Continues
Links for the day
IRC Proceedings: Wednesday, April 17, 2024
IRC logs for Wednesday, April 17, 2024
Over at Tux Machines...
GNU/Linux news for the past day
North America, Home of Microsoft and of Windows, is Moving to GNU/Linux
Can it top 5% by year's end?
Management-Friendly Staff Representatives at the EPO Voted Out (or Simply Did Not Run Anymore)
The good news is that they're no longer in a position of authority
Microsofters in 'Linux Foundation' Clothing Continue to Shift Security Scrutiny to 'Linux'
Pay closer attention to the latest Microsoft breach and security catastrophes
Links 17/04/2024: Free-Market Policies Wane, China Marks Economic Recovery
Links for the day
Gemini Links 17/04/2024: "Failure Is An Option", Profectus Alpha 0.5 From a Microsofter Trying to Dethrone Gemini
Links for the day
How does unpaid Debian work impact our families?
Reprinted with permission from Daniel Pocock
Microsoft's Windows Falls to All-Time Low and Layoffs Reported by Managers in the Windows Division
One manager probably broke an NDA or two when he spoke about it in social control media
When you give money to Debian, where does it go?
Reprinted with permission from Daniel Pocock
How do teams work in Debian?
Reprinted with permission from Daniel Pocock
Joint Authors & Debian Family Legitimate Interests
Reprinted with permission from Daniel Pocock
Bad faith: Debian logo and theme use authorized
Reprinted with permission from Daniel Pocock
Links 17/04/2024: TikTok Killing Youth, More Layoff Rounds
Links for the day
Jack Wallen Has Been Assigned by ZDNet to Write Fake (Sponsored) 'Reviews'
Wallen is selling out. Shilling for the corporations, not the community.
Links 17/04/2024: SAP, Kwalee, and Take-Two Layoffs
Links for the day
IRC Proceedings: Tuesday, April 16, 2024
IRC logs for Tuesday, April 16, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Inclusion of Dissent and Diversity of Views (Opinions, Interpretations, Scenarios)
Stand for freedom of expression as much as you insist on software freedom
Examining Code of Conduct violations
Reprinted with permission from the Free Software Fellowship
Ruben Schade's Story Shows the Toxicity of Social Control Media, Not GNU/Linux
The issue here is Social Control Media [sic], which unlike the media rewards people for brigading otherwise OK or reasonable people
Upgrading IRCd
We use the latest Debian BTW
The Free Software Community is Under Attack (Waged Mostly by Lawyers, Not Developers)
Licensing and legalese may seem "boring" or "complicated" (depending on where one stands w.r.t. development), but it matters a great deal
Jonathan Cohen, Charles Fussell & Debian embezzlement
Reprinted with permission from disguised.work
Grasping at Straws in IBM (Red Hat Layoff Rumours in 2024)
researching rumours around Red Hat layoffs
GNU/Linux Continues to Get More Prevalent Worldwide (Also on the Desktop)
Desktops (or laptops) aren't everything, but...
Who is a real Debian Developer?
Reprinted with permission from Daniel Pocock
Links 16/04/2024: Many More Layoffs, Broadcom/VMware Probed (Antitrust)
Links for the day
Links 16/04/2024: Second Sunday After Easter and "Re-inventing the Wheel"
Links for the day
Upcoming Themes and Articles in Techrights
we expect to have already caught up with most of the administrivia and hopefully we'll be back to the prior pace some time later this week
Links 16/04/2024: Levente "anthraxx" Polyák as Arch Linux 2024 Leader, openSUSE Leap Micro 6 Now Alpha, Facebook Blocking News
Links for the day
Where is the copyright notice and license for Debian GNU/Linux itself?
Reprinted with permission from Daniel Pocock
Halász Dávid & IBM Red Hat, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Apology & Correction: Daniele Scasciafratte & Mozilla, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Next Week Marks a Year Since Red Hat Mass Layoffs, Another Round Would be "Consistent With Other Layoffs at IBM."
"From anon: Global D&I team has been cut in half."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 15, 2024
IRC logs for Monday, April 15, 2024