04.17.12

Gemini version available ♊︎

Microsoft’s Love/Hate Relationship With Germany

Posted in Microsoft, Patents at 6:08 pm by Dr. Roy Schestowitz

Germany's flag

Summary: A collection of patent news involving Microsoft, Motorola, Germany, and also New Zealand

THE EXTORTION racket of Microsoft is being glamourised in a pro-patents site, which agreed to give a platform to Microsoft’s extortions guy Horacio Gutierrez. A German patent lawyer is meanwhile doing what he can to promote software patents in Europe, ignoring all common sense and how the world really works. In a 2007 paper titled “Ignoring Patents” we see quite clearly that patents are not honoured by anyone, not when it comes to other companies’ patents. The EPO uses Siemens for some PR, as usual (Siemens is one of the patent fiends in Europe).

In a patent lawyers’ site, it is revealed that Sweden too makes moves that constitute a threat to a status quo of no software patents. Will a central court be set up in Germany as some officials hope? In Germany there’s some precedence for software patents, probably the strongest one in Europe. To quote patents boosters:

The AmeriKat was again struck by how little we know regarding the negotiation process and the UK Government’s position. Although one cannot expect to know every detail of the substance of the Member States’ negotiations on the unitary patent package the radio silence as to the progress, where they are taking place, who with and/or deadlines is somewhat disconcerting. The only signs of life on this issue seem to have come from the House of Commons and the European patent profession, including signs of disquiet in Sweden by way of a letter sent to the Confederation of Swedish Industries to their Ministry of Trade on 17 February (here) which stated that they and the Swedish negotiating team wished for Articles 6 to 8 to be deleted from the Proposed Regulation. In addition, and somewhat ironically given last year’s push to finalize the unitary patent proposals under the Polish Presidency, there are reports that sections of the patent profession in Poland are also unhappy with the proposals (see report here).

As we will show in the next post, Microsoft too plays a role in promoting software patents in Europe while fearing the status quo of Germany being unfriendly to such patents (compared to the US). As Glyn Moody explains:

It’s striking that Microsoft isn’t such a big fan of patent courts — especially efficient ones that produce their judgments rapidly — when it is on the receiving end of patent lawsuits, rather than the one making the threats.

It’s also pretty rich that Microsoft should complain about the possibility of an injunction being granted against it by another jurisdiction when that is precisely what it is trying to do by filing an action against Motorola in the International Trade Commission as well as in a US District Court. If Microsoft says German courts shouldn’t get involved in its dispute with Motorola, it’s equally ridiculous that an international trade body should be dragged into a domestic dispute between two US companies, as Techdirt has noted before.

Basically, Microsoft is just whining because it thinks it’s going to lose in Germany, and has gone running to the US judge in an attempt to subvert that country’s judicial system. It’s a huge pity that he acceded to this ridiculous request: it creates a terrible precedent that’s likely to lead to more such interference in the legal systems of other countries — including foreign courts ordering companies not to obey US rulings — and a general weakening of respect for the rule of law around the world.

Microsoft is also sending some paid lobbyists from Germany — ones who lie about their intentions (business model). Moody will be mentioned also in the next post and a few days ago he drew attention to an article from New Zealand (NZ). Written by Stephen Bell (as usual), the article shows how American lobbyists interfere with NZ’s decision to ban software patents:

NZRise president Don Christie says he is disappointed with delays to the passing of the Patents Bill and questions some of the explanation given by Commerce Minister Craig Foss.

“We keep hearing that this Bill is important for the knowledge economy,” Christie said. “What the minister is saying now is different from what his predecessor, Simon Power was telling us; he was writing letters [to NZRise] last year, telling us the government was pushing the Bill through.”

Despite having been in the Parliamentary process since 2008, the Patents Bill still languishes well down in the Order Paper (No 47 as at Monday April 2), and is awaiting Parliament’s consideration of the Commerce select committee’s report, followed by the Bill’s second reading.

The committee’s report contained a contentious clause barring patents on software. Though there has been some attempt at qualifying this to admit patents on software-controlled machinery and the like, the core clause states “a computer program is not a patentable invention.”

Not only Microsoft is behind it; Intel too is among the multinationals that seek to harm NZ.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. IRC Proceedings: Friday, October 22, 2021

    IRC logs for Friday, October 22, 2021



  2. [Meme] [Teaser] Crime Express

    The series about Battistelli's "Strike Regulations" (20 parts thus far) culminates as the next station is the Balkan region



  3. Links 23/10/2021: Star Labs/StarLite, Ventoy 1.0.56

    Links for the day



  4. Gemini on Sourcehut and Further Expansion of Gemini Space

    Gemini protocol is becoming a widely adopted de facto standard for many who want to de-clutter the Internet by moving away from the World Wide Web and HTML (nowadays plagued by JavaScript, CSS, and many bloated frameworks that spy)



  5. Unlawful Regimes Even Hungary and Poland Would Envy

    There’s plenty of news reports about Polish and Hungarian heads of states violating human rights, but never can one find criticism of the EPO’s management doing the same (the mainstream avoids this subject altogether); today we examine how that area of Europe voted on the illegal "Strike Regulations" of Benoît Battistelli



  6. The EPO’s Overseer/Overseen Collusion — Part XX: The Visegrád Group

    The EPO‘s unlawful “Strike Regulations” (which helped Benoît Battistelli and António Campinos illegally crush or repress EPO staff) were supported by only one among 4 Visegrád delegates



  7. [Meme] IBM Has Paid ZDNet to Troll the Community

    Over the past few weeks ZDNet has constantly published courses with the word "master" in their headlines (we caught several examples; a few are shown above); years ago this was common, also in relation to IBM itself; clearly IBM thinks that the word is racially sensitive and offensive only when it's not IBM using the word and nowadays IBM pays ZDNet — sometimes proxying through the Linux Foundation — to relay this self-contradictory message whose objective is to shame programmers, Free software communities etc. (through guilt they can leverage more power and resort to projection tactics, sometimes outright slander which distracts)



  8. [Meme] ILO Designed to Fail: EPO Presidents Cannot be Held Accountable If ILOAT Takes Almost a Decade to Issue a Simple Ruling

    The recent ILOAT ruling (a trivial no-brainer) inadvertently reminds one of the severe weaknesses of ILOAT; what good is a system of accountability that issues rulings on decisions that are barely relevant anymore (or too late to correct)?



  9. Links 22/10/2021: Trump's AGPL Violations and Chrome 95 Released

    Links for the day



  10. [Meme] How Corporate Monopolies Demonise Critics of Their Technically and Legally Problematic 'Products'

    When the technical substance of some criticism stands (defensible based upon evidence), and is increasingly difficult to refute based on facts, make up some fictional issue — a straw man argument — and then respond to that phony issue based on no facts at all



  11. Links 22/10/2021: Global Encryption Day

    Links for the day



  12. [Meme] Speaking the Same Language

    Language inside the EPO is misleading. Francophones Benoît Battistelli and António Campinos casually misuse the word “social”.



  13. António Campinos Thinks Salary Reductions Months Before He Leaves is “Exceptional Social Gesture”

    Just as Benoît Battistelli had a profound misunderstanding of the concept of “social democracy” his mate seems to completely misunderstand what a “social gesture” is (should have asked his father)



  14. IRC Proceedings: Thursday, October 21, 2021

    IRC logs for Thursday, October 21, 2021



  15. Links 21/10/2021: MX Linux 21 and Git Contributors’ Summit in a Nutshell

    Links for the day



  16. [Meme] [Teaser] Miguel de Icaza on CEO of Microsoft GitHub

    Our ongoing series, which is very long, will shed much-needed light on GitHub and its goals (the dark side is a lot darker than people care to realise)



  17. Gemini Protocol and Gemini Space Are Not a Niche; for Techrights, Gemini Means Half a Million Page Requests a Month

    Techrights on gemini:// has become very big and we’ll soon regenerate all the pages (about 37,500 of them) to improve clarity, consistency, and general integrity



  18. 'Satellite States' of EPO Autocrats

    Today we look more closely at how Baltic states were rendered 'voting fodder' by large European states, looking to rubber-stamp new and oppressive measures which disempower the masses



  19. [Meme] Don't Mention 'Brexit' to Team UPC

    It seems perfectly clear that UPC cannot start, contrary to what the EPO‘s António Campinos told the Council last week (lying, as usual) and what the EPO insinuates in Twitter; in fact, a legal challenge to this should be almost trivial



  20. The EPO’s Overseer/Overseen Collusion — Part IXX: The Baltic States

    How unlawful EPO rules were unsurprisingly supported by Benoît Battistelli‘s friends in Baltic states; António Campinos maintained those same unlawful rules and Baltic connections, in effect liaising with offices known for their corruption (convicted officials, too; they did not have diplomatic immunity, unlike Battistelli and Campinos)



  21. Links 21/10/2021: GIMP 2.99.8 Released, Hardware Shortages, Mozilla Crisis

    Links for the day



  22. How Oppressive Governments and Web Monopolists Might Try to Discourage Adoption of Internet Protocols Like Gemini

    Popular movements and even some courageous publications have long been subverted by demonisation tactics, splits along unrelated grounds (such as controversial politics) and — failing that — technical sabotage and censorship; one must familiarise oneself with commonly-recurring themes of social control by altercation



  23. [Meme] Strike Triangulations, Reception Issues

    Financial strangulations for Benoît Battistelli‘s unlawful “Strike Regulations”? The EPO will come to regret 2013…



  24. [Meme] Is Saying “No!” to Unlawful Proposals Considered “Impolite”?

    A ‘toxic mix’ of enablers and cowards (who won’t vote negatively on EPO proposals which they know to be unlawful) can serve to show that the EPO isn’t a “social democracy” as Benoît Battistelli liked to call it; it’s just a dictatorship, currently run by the son of a person who actually fought dictatorship



  25. IRC Proceedings: Wednesday, October 20, 2021

    IRC logs for Wednesday, October 20, 2021



  26. [Meme] EPO Legal Sophistry and Double Dipping

    An imaginary EPO intercept of Administrative Council discussions in June 2013...



  27. Links 21/10/2021: PostgreSQL JDBC 42.3.0 and Maui Report

    Links for the day



  28. [Meme] [Teaser] “Judge a Person Both by His Friends and Enemies”

    Fervent supporters of Team Battistelli or Team Campinos (a dark EPO era) are showing their allegiances; WIPO and EPO have abused staff similarly over the past decade or so



  29. 'Cluster-Voting' in the European Patent Office/Organisation (When a Country With 1.9 Million Citizens Has the Same Voting Power as a Country With 83.1 Million Citizens)

    Today we examine who has been running the Finnish patent office and has moreover voted in the EPO during the ballot on unlawful "Strike Regulations"; they voted in favour of manifestly illegal rules and for 8.5 years after that (including last Wednesday) they continued to back a shady regime which undermines the EPO's mission statement



  30. The EPO’s Overseer/Overseen Collusion — Part XVIII: Helsinki's Accord

    The Finnish outpost has long been strategic to the EPO because it can help control the vote of four or more nations; evidence suggests this has not changed


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts