Bonum Certa Men Certa

Europe's Software Patents Problem Summarised

Earth



Summary: Monopolists like Microsoft, based in the United States, try to transport software patents across the Atlantic, so Techrights provides a news summary and a general summary of trends to watch out for

HERE at Techrights we have been covering the situation of software patents in Europe almost since the dawn of this Web site. It was always about software patents and more people begin to understand the importance of this issue when they hear that Microsoft makes money out of HTC's Android phones. Additionally, as one reader shows us this week, "HTC paid for patents and started to use aspx." Can someone verify this? Netcraft history does not go far back. We already know about Microsoft's pressure on Intel to use Windows on servers because we found internal documents about it. Microsoft is bundling such deals, making agreements conditional upon migration and PR for Microsoft.



Anyway, to learn about Microsoft's lobbying for software patents in Europe, one needs to be familiar with the proxies they use for lobbying, e.g. Association for Competitive Technology. Microsoft has ways of trying to portray itself as "European" and also use 'Euro-washed' firms to push its agenda there. We mostly covered these in 2008 and 2009, so we advise readers to look back (we strive to decrease repetition). It is clear that Microsoft is a major component of this problem, others being Siemens and Nokia. It should not be shocking that those in favour of software patenting are giants. Patent monopolies make giants stronger and the only small entities to whom such a system might be of use are patent trolls and lawyers' firms specialising in so-called 'IP'.

Last year in the United States, Bilski and his colleague shattered the US system by further legitimising software patents, at least based on some people's analysis (inconclusive). They took it all the way up to the SCOTUS, whose rulings on the subject of patents have been rather terrible recently. SCOTUS deserves no blind respect because laws too are relative and they depend on principles one adopts in a certain civilised culture. There is no absolute justice or definition of "civilised"; the bias is 'built in'.

Bilski's patent was classified as belonging to the business methods category and this new report from the Wall Street Journal says that patents on tax strategies (emulating pen-and-paper methods) may soon be ruled illegal:

U.S. patent number 7,698,194 isn't an ingenious new machine or a breakthrough medical treatment. It's a method of analyzing the taxes associated with college-savings plans.

It's also one of the 144 patented tax strategies and 162 pending applications, as of late May, that tax preparers say have burdened their job and made it harder for citizens to pay their taxes.

Consumer and tax groups have pushed since 2007 to get such patents banned, and their efforts are poised to come to fruition this month. The House of Representatives is expected to vote when it returns from this week's recess on a major overhaul of the patent system that would effectively prohibit patenting tax strategies.


While there is hope that the USPTO will be reforming (in accordance with public backlash), things are not improving in Europe. Recently, for example, Mrs. Wilcox decided to usher in a scheme [1, 2, 3] that may help legitimise/change the bar for US patents (even in Europe) and to quote the sort of fallacies she is repeating: [via Benjamin Henrion]: Baroness Wilcox, the minister for intellectual property, said: "The pilot will give experts the opportunity to comment on patent applications and share their vital expertise before patents are granted. It will also mean that inventions already known in the wider community will be filtered out more readily. Peer To Patent is a step forward in supporting growth by reinforcing the patent bedrock on which innovative businesses thrive."

Innovative businesses actually did not require patents. Look at Google for a recent example. Meanwhile in Europe we also have the worry about the RAND lobby at the Commission [1, 2]. Benjamin highlights this new page which signals more of the same. RAND is not compatible with Free software, but the Commission is guarding RAND nonetheless, after lobbying from Microsoft front groups. This relates to the first issue which we covered. Most important, however, is the current push for the EU Patent, which seeks to make litigation of larger scale easier and can also spread software patents such that they transcend borders with the mere signing of some document/s (treaty superseding the law using a 'hack'). Consider the fact that in the United States a patent previously owned by Microsoft's patent troll (Intellectual Ventures) is the subject of litigation seeking its invalidation. At the same time we see companies turning into a pile of patents ripe for picking by trolls. To them, patents are just means for suing, using patent lawyers. Rather than breed an industry which innovates, patents expand an industry which litigates. Consider this one firm which is "specializing in software patents, copyright and trade secrets." The source article is here (New York Times blogs). What value can such firms actually bring to an economy? Here it is in context:

Andrew Schulman wasn’t. He’s a Lens reader in San Francisco, a photographer and — most important for the purposes of this post — a lawyer specializing in software patents, copyright and trade secrets.


Now they want to patent umbrellas too? It is not even an idea previously unexplored. About a decade ago I typed down on my PDA an idea I had for an umbrella. Many of the so-called 'inventions' people seek patents on have not just been thought of before but also implemented. This whole business of patents merely adds complexity to the system and slows down its advancement.

To summarise some of the key points, Europe faces new threats from lobbying (e.g. For RAND), so-called 'unification' (which can actually be the import of software patents), and an attempt to start from the premise that the problem is "quality" of patents rather than their type (e.g. software, tax). We must all stay vigilant. It is possible that software patents will die in the States before they manage to spread to other countries like some of kind a virus.

Recent Techrights' Posts

Digital Sanitation Good Practices
leave behind Microsoftism
10 Days Ago Richard Stallman Gave a Long Interview in French (linuxfr.org)
English translation
Science, Not Fast Food/Junk Food
The commercial exploitation of users won't stop until users exercise full control over their software or - more broadly - their computing (including data)
[Video] Dr. Richard Stallman at Technické Univerzitě v Liberci
New/via libre-liberec.cz
 
The Term "AI" is Not New and What Today's Media Calls "AI" Isn't Even AI
Only the hype was new... and totally artificial
Gemini Links 18/10/2025: "Planetary Rings", Steam, and PSU Replacement
Links for the day
Defeating LLM Abuse (State-of-the-Art Plagiarism) in the Area of Linux and GNU, Free Software, BSD, Security and So On
The aim is to get them to stop using LLMs to rip off other people's work
Links 18/10/2025: Russell Vought in Charge, US Government Leans to Russia Again
Links for the day
Credit Where It's Due: LinuxConfig.org Quit Doing LLM Slop, Back to Original and Real Articles
We waited for a while to say this, now it seems conclusive
Of Note: UbuntuPIT Aware of Critics of Slop, Adds Disclosure of Use of LLMs
We appreciate the honesty
Links 18/10/2025: Madagascar's President Flees and ICE Arrests Protest Comedian Robby Roadsteamer
Links for the day
Richard Stallman Near the European Patent Office (EPO) in 3 Days From Now
It'll be a good opportunity for patent examiners to listen, ask questions, and maybe greet him in person
From Scholar to Booster of Slop (and Even Slop in His Own Blog)
We're going to keep an eye on future posts of his
End of Vista 10 Also Good News for the BSDs
There are many news sites that recommend trying GNU/Linux this month
What's Wrong With Liking Parrots or Birds as Pets?
They'd demonise people for speaking about freedom, no matter what they say or do
The Free Software Foundation, Which Has Appointed a 43-Year-Old President, is Looking to Add Another Board Member (or Treasurer)
expect the FSF to add more people
Richard Stallman Confirms Next Week's Talk at Technical University of Munich, We Urge EPO Staff to Attend
That's probably late enough for EPO staff to attend after work
Gemini Links 18/10/2025: Notifications and Geminaut
Links for the day
Many Red Hat People Are Leaving, But It'll Be Framed Publicly as Leaving IBM
Similarly, IBM layoffs (or "RAs" as they're called) include Red Hat layoffs
Expect More Waves of Microsoft Layoffs This Month (at Least Two Rounds Confirmed Already)
From what we can gather, assuming the recent rumours about XBox are true, there will be at least 3 waves of Microsoft layoffs this month alone
Security Issues in Cisco and Jenkins Passed Off as "Linux" Problems
Fear, Uncertainty, Doubt (FUD) tactics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 17, 2025
IRC logs for Friday, October 17, 2025
Slopwatch: LinuxSecurity, Linux Journal (Slashdot Media), UbuntuPIT, and Google News (Noise)
egregious plagiarism
Links 17/10/2025: Better Answers Sought After Air Crashes, "China Fans Patriotic Sentiment as Trade War With U.S. Heats Up"
Links for the day
Security is Desirable, But Not When the Term Security is Misused to Imply Centralisation of "Trust" (Whose?)
'Security' is not an excuse for vendor lock-in
Links 17/10/2025: Fentanylware (CheeTok) Causing Problems, Japanese Government Blasts Slop
Links for the day
The Linux Foundation Seems to Have Turned Linux.com Not Only Into a Spamfarm But Also LLM Slopfarm
it's polluting the Web, even important domains like Linux.com, with spam and LLM slop
Links 17/10/2025: UK’s Largest Breach Penalty and Windows TCO Examples
Links for the day
Go Watch Video About Librephone, Get Microsoft Ads
Very ethical company...
Campaign of Defamation Against the People Who Built NixOS (and Are Now Pushed Out From Their Own Project)
We've already grown familiar with - and resistant to - such tactics
Links 17/10/2025: Nestlé Crisis, Canada Post Versus 'Gig Economy' [sic] and Vista 11 Breaks Itself
Links for the day
Tux Machines Has Helped Separate Opinions/Analysis From News
In September 2023 we decided to split things apart and not repeat links in both sites
Tux Machines Has Improved Navigation of GNU/Linux and BSD News
Some more 'wiring' work
What a World Would Look Like If Everyone Used Free Software Only
Freedom is what matters, not "Open".
The Media Helps Microsoft, Amazon and Others (GAFAM and Beyond) Lie About Mass Layoffs Amid Valuation Bubble
The media, instead of saying that there's an "AI bubble" crashing the economy might instead choose the narrative of "jobs replaced by AI"
Bad Tempered? You Might Have Just Given Away That You're Losing the Argument
Brett Wilson LLP is fully aware that it is being investigated
Richard Stallman (RMS) is a Target of Defamation Campaigns Because of His Views on Software (But Politics Are the Excuse for Defaming Him)
Here in this site we try to refrain from politics, except in Daily Links
End of Vista 10 and Rise of GNU/Linux as Client Side Operating System
It seems certain GNU/Linux will grow in popularity over time
Taking Stock of a Week's Worth of EPO Leaks
We remain committed to exposing EPO corruption as long as it keeps happening
Mathieu Parreaux claims FINMA knew since day one
Reprinted with permission from Daniel Pocock
Calumny, Libel, Joerg Jaspert & debian-private untouchable cyberbullies
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 16, 2025
IRC logs for Thursday, October 16, 2025
Techrights Turns 19 in 3 Weeks
coverage of suppressed topics and protecting all sources/whistleblowers
International E-Waste Day Same Day as End of Vista 10
message from Akira Urushibata
The EPO's Central Staff Committee Presents Evidence That Staff Compensation Lowered While the Office Increases Income by Illegally Granting Invalid Patents
These people become millionaires by doing illegal things
Second or Third Wave of Microsoft Mass Layoffs in October 2025, This Time Portugal
Those are just the ones we know about, there may be several more
'Help Net Security' (helpnetsecurity.com) May Have Become a Slopfarm as Well
Zeljka Zorz, Editor-in-Chief at Help Net Security, was reported to us
Gemini Links 17/10/2025: Rant About Network Solutions, Strange Anomaly on Lagrange
Links for the day
EPO Staff Representation Lacks Social Dialogue With Relevant Management, Controversial and Sometimes Illegal Policies Implemented Without Necessary Input
"In this open letter, the CSC requests that the President submits an agenda item in the next available General Consultative Committee (GCC) meeting on setting up regular meetings between the CSC and the higher management of DG1."
Links 16/10/2025: Political Leftovers and Gemini Protocol Links
Links for the day
Lies Need to be Corrected
the Court never invited us
Slopwatch: Guardian Digital (linuxsecurity.com), Slashdot, Google News, and More
Maybe one day, once the bubble pops completely, Google News will just outright delist all slopfarms
Lufthansa Modern Slavery, Joerg Jaspert (ganneff) & Debian NSB Softwareentwicklung charade
Reprinted with permission from Daniel Pocock
Links 16/10/2025: US Starting More Trade Wars With China, CIA War on Venezuela
Links for the day
SUSE Blog is Still LLM Slop, Marketing Manager at SUSE Cannot Write
Would you buy from a company or seek support from a company that cannot even write (or fakes writing)?
Pretend You're Not Dead: Microsoft Spent Almost Two Decades Rebranding Things as "Cloud, Then "AI", Now "XBox" and "Quantum"
"AI" bubble pops, Microsoft harping about "quantum" already
IBM Allegedly Found New Tricks for Silent Layoffs: LPI, Then MIS (Not PIP)
Remember that "Red Hat layoffs" won't be reported after the bluewashing
Links 16/10/2025: Red Lines and Feeding of Microsoft Trolls
Links for the day
MIT as a Propaganda Mill of GAFAM, Paid by GAFAM
"the news" today
Links 16/10/2025: Lies Euphemised as ‘Dueling Versions of Reality’ and Microsoft "Open" "Hey Hi" Resorts to Porn as No Business Model Was Found
Links for the day
The Local Staff Committee Munich (Representation of the EPO's Staff) Explains When Cluster of Pregnancies May Result in Reduced Pay
"...even one week of part-time working is sufficient to reduce the salary you perceive during the entirety of your maternity leave."
Another Black Eye for 'Secure Boot', Microsoft Media Tries to Blame "Linux"
It enables Microsoft to remotely control computers, even computers that don't run Windows and never had any Microsoft software installed
Slopwatch: UbuntuPIT, linuxsecurity.com, and Various Slopfarms in Google News Attacking "Linux"
A new survey of the Web said that the majority of the Web is now slop (that's being said in the news this week)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 15, 2025
IRC logs for Wednesday, October 15, 2025
Links 16/10/2025: Increased Use of Social Control Media Surveillance in US, French Rage Over Pensions
Links for the day