Bonum Certa Men Certa

Microsoft's Pressure for Software Patents in Europe Carries On

European parliament



Summary: Microsoft keeps pressuring Europe to give up its sovereignty and restrict the use of Free/libre software for newly-conceived legal reasons (European parliament photographed above)

ON the heels of FFII actions and FSFE-BSA stand-offs [1, 2, 3, 4, 5, 6, 7, 8, 9] the FSFE's head Karsten Gerloff writes to rant about software patents at WIPO and the FFII's president shows us that WIPO gives room to Microsoft [PDF]. See the time slot which says: "14.30 – 15.00 Mr. Jean-Yves Art, Associate General Counsel, Microsoft Corporation"



To quote part of Gerloff's long summary and analysis:

This week’s meeting of the SCP was mainly supposed to discuss the study prepared by Professor Bently and his team of experts, in particular the section on software. On the agenda was also further discussion of the relation between patents and standards. That’s a topic which FSFE has long been working on in various fora, including the European Commission and the Internet Governance Forum.

We got to make three statements. The first was a general statement, outlining FSFE’s viewpoint on the issues on the agenda. The next two were more detailed.

In our second statement, we talked about the relation between standards and patents. This has been a topic for the SCP for several sessions. We argue that software standards need to be implementable by anyone, whether in Free Software or otherwise. Free Software licenses don’t allow you to impose additional conditions on the person you give the software to. You can’t say “you’re free to use, study, share and improve the software, but when you pass it on, you have to pay for a patent license”. That’s why patents included in software standards need to be licensed royalty-free to anyone who implements the standard.

The third statement talked about excluding software from patentability. Professor Bently’s study discusses at some length the practice of the European Patent Office (EPO) to grant patents on software, even though this contravenes the letter and spirit of European law, namely the European Patent Convention’s Article 52, which says that software “as such” is not patentable. Our statement discusses this in some detail.


For those who do not remember, the tightening between standards and patents is promoted by Microsoft and its lobbyists, who are now joined by mobbyists. There is this mysterious Twitter account called "European Innovation" (@EUinnovation), which calls itself "the number one source for #EU #innovation news!" Well, we linked to it before because we suspected it could be funded by Microsoft to push the idea of software patents in Europe. This account is apparently connected to "Microsoft Europe" (@MSEurope) and it has just begun following the president of the FFII (see list of recent additions). How come?

Anyway, "European Innovation" is mostly propaganda for more patent monopolies in Europe and "harmonisation" (more of the same party line) gets pushed by ManagingIP, which summarises its new article as follows:

Five areas for global patent reform: harmonisation back on the agenda


As the name ManagingIP implies, it is biased in favour of patents.

Microsoft must be pleased with above now that it turned to litigation just like SCO. Software patents may be Microsoft's last weapon and resort, but software patents are hardly accepted in the world. It's mobbyists, patenting maximalists, and gullible journalists who believe lawyers and mobbyists who spread the perception that the fight against software patents has been lost. What utter nonsense in ZDNet.

Comments

Recent Techrights' Posts

Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
European Patent Office Illegally Gutting and Outsourcing Its Functions, Acting Like an Above-the-Law Commercial Business (It Won't Stop at Formalities Officers (FOs) and Classification Slop at the EPO)
breaking/violating laws and conventions
Links 19/09/2025: Lobbyist of American GAFAM Becomes Data Protection Commissioner in Europe
Links for the day
 
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day
Links 19/09/2025: Press Freedom Dying in US, Anti-Austerity Strikes in France, and Alan Rusbridger to Leave 'Prospect'
Links for the day
Offloading to the Sister Site
In the interest of not overwhelming readers
Links 19/09/2025: Coffee Club and "SpellBinding is Now Absurdly Fast"
Links for the day
Links 19/09/2025: Media Freedom Ceases to Exist in US, "Consider Dropping Twitter/X"
Links for the day
Gemini Links 19/09/2025: Thinking and Insect Bites
Links for the day
Microsoft E.E.E.: Git Will Now (or Very Soon) Fully Depend on Rust, Which is Controlled by Microsoft
Microsoft now makes Git dependent on Rust, or making Git dependent on GitHub, which is proprietary
The Right to Punch People (Apparently)
At Brett Wilson, Brett's job title is "Head of Crime" and Wilson normalises calls for violence
Slop or Fake Articles Have Turned Linux Journal From a Pioneering/Trailblazing "Linux" Magazine Into a Nuisance
some sites with former reputation - good reputation - turn into cesspools
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 18, 2025
IRC logs for Thursday, September 18, 2025
Brett Wilson LLP Seem to Have Had Only One Litigation Client in 2025, He Was Previously Charged, Just Like the Serial Strangler From Microsoft (Whom They Now Represent)
Karma is superstition, regulators are not
Project 2030 to Cover How "Project 2025"-Styled Anti-Media Zealots From America Targeted Techrights and Tux Machines
The common denominator is also their attacks on women
Brett Wilson LLP Failed to Meet Deadlines Set by Judge 7 Months Earlier, Tried to Ruin Our Holiday, Then Had the Audacity to Ask Us for Over 3,000 Pounds for Its Own Lateness
As a matter of principle we will never respond to assassin while we are on holiday
On Claims That After Bluewashing Red Hat Will Increasingly Become an Indian Company
Discussed this week (long and detailed)
Americans Attacking British Sites Only Months After They Leave America
We find it kind of funny if not ironic that this site, originally an American site, got legal harassment only from Americans and only months after it had moved to the UK
Despite Losing Over a Quarter Million Dollars a Year Software in the Public Interest (SPI) Gives Helping Hand to Libreboot
SPI's financial state depends a lot on its public image or its reputation
Slopwatch: Google Helps Plagiarism and Sends Traffic to Ripoff Artists
That Google as a company helps spamfarms is noteworthy
If You Want to Know the Future, Listen to the Free Software Foundation (FSF) and Andy Farnell
We're sure the FSF will have plenty of its own output
Links 18/09/2025: A Taliban Ban on Internet Access and Troubled US Job Market
Links for the day
Gemini Links 18/09/2025: Computer Literacy and Accessing Alhena's Database
Links for the day
Links 18/09/2025: US War on Media (Truth Banned, Cancel Culture by the Hard Right), NYT Chief Executive Warns Cheeto is Deploying ‘Anti-press Playbook'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025