08.01.16

Gemini version available ♊︎

Software Patents Still a Problem in Europe (in Spite of the European Patent Convention), the UPC Would Make Things Worse

Posted in Europe, Patents at 6:09 am by Dr. Roy Schestowitz

Patents against Flickr

Summary: A reminder of the tough reality of patent scope in Europe, especially now that Battistelli embraces Chinese standards for patent quality (or lack thereof), in the name of perceived or faked “growth”

Team Battistelli has ruined the EPO and unless Battistelli and his cronies are ousted very soon, the damage may be irreversible. Already, as we noted over the weekend, the Office ignores the European Patent Convention (EPC) and disregards patent quality, so every day patents are being granted in error and there is no effective appeals process (understaffed and lacking capacity, afraid of Battistelli’s next collective punishment).

Yesterday, Benjamin Henrion and another person [1, 2] spoke about the effect of just one single patent troll on Flickr (part of Yahoo!) in Germany. It’s a software patent, so one might gasp and wonder how the heck it has any effect. In reality, Germany is the most software patents-friendly country in Europe, as we noted here in passing about 8 years ago and earlier this year.

“In reality, Germany is the most software patents-friendly country in Europe, as we noted here in passing about 8 years ago and earlier this year.”“With Unitary Software Patents and German judges,” Henrion added, “Europeans won’t be able to upload their pictures to Flickr…” (because the effect of the lawsuits would be widely applicable, more than just EU-wide).

“Facepalm,” wrote another person. “A patent troll is preventing German Flickr users to upload pictures from mobile apps. https://help.yahoo.com/kb/SLN26970.html”

They’re a little late in realising this. It’s rather old news (this was mentioned here before, two months ago), but it’s always good for reminding people that software patents are still a problem in Europe.

This has no remedy in sight and Battistelli already crushes the appeals process, so the same case can happen at the EPO and there is no effective oversight to overrule it.

Very soon “attending oral proceedings before the boards will come with an extra average 3 hours journey,” according to this new comment that says:

The site envisaged for the Boards of Appeal – Richard-Reitzner-Allee 8, 85540 Haar – is located at a 35 minutes ride from the airport, in theory. In reality, the trip uses one of the most crowded highway portions in Germany, including the A9 north of Munich and the peripheral highway A99 with its frequent traffic jams.
Alternately and more ecologically, there is a connection via the regional trains S8 and S4 with a change at the Leuchtenbergring station. Considering that it lasts 1 hour and 15 minutes one way, with one connection every 20 minutes only, attending oral proceedings before the boards will come with an extra average 3 hours journey in the Munich commuter trains.
A couple of rooms for oral proceedings mignt be enough, in the circumstances.

The threat of software patents in Europe is growing, whereas the USPTO goes in the opposite direction after the Supreme Court corrected decades of injustice. It’s not as if Battistelli has any notion of justice; his understanding of the term is the same as Recep Tayyip Erdoğan’s.

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. Links 22/1/2022: Ubuntu MATE 21.10 for GPD Pocket 3, MINISFORUM Preloads GNU/Linux

    Links for the day



  2. Computer Users Should be Operators, But Instead They're Being Operated by Vendors and Governments

    Computers have been turned into hostile black boxes (unlike Blackbox) that distrust the person who purchased them; moreover, from a legislative point of view, encryption (i.e. computer security) is perceived and treated by governments like a threat instead of something imperative — a necessity for society’s empowerment (privacy is about control and people in positions of unjust power want total and complete control)



  3. Peak Code — Part I: Before the Wars

    Article/series by Dr. Andy Farnell: "in the period between 1960 and 2060 people had mistaken what they called "The Internet" for a communications system, when it had in fact been an Ideal and a Battleground all along - the site of the 100 years info-war."



  4. Links 21/1/2022: RISC-V Development Board and Rust 1.58.1

    Links for the day



  5. IRC Proceedings: Thursday, January 20, 2022

    IRC logs for Thursday, January 20, 2022



  6. Gemini Lets You Control the Presentation Layer to Suit Your Own Needs

    In Gemini (or the Web as seen through Gemini clients such as Kristall) the user comes first; it's not sites/capsules that tell the user how pages are presented/rendered, as they decide only on structural/semantic aspects



  7. The Future of Techrights

    Futures are difficult to predict, but our general vision for the years ahead revolves around more community involvement and less (none or decreased) reliance on third parties, especially monopolistic corporations, mostly because they oppress the population via the network and via electronic devices



  8. [Meme] UPC for CJEU

    When you do illegal things and knowingly break the law to get started with a “legal” system you know it’ll end up in tears… or the CJEU



  9. Links 20/1/2022: 'Pluton' Pushback and Red Hat Satellite 6.10.2

    Links for the day



  10. The Web is a Corporate Misinformation/Disinformation Platform, Biased Against Communities, Facts, and Science

    Misinformation/disinformation in so-called 'news' sites is a pandemic which spreads; in the process, the founder of GNU/Linux gets defamed and GNU/Linux itself is described as the problem, not the solution to the actual problems



  11. Links 20/1/2022: McKinsey Openwashing and Stable Kernels

    Links for the day



  12. IRC Proceedings: Wednesday, January 19, 2022

    IRC logs for Wednesday, January 19, 2022



  13. Links 20/1/2022: Linuxfx 11.1 WxDesktop 11.0.3 and FreeIPMI 1.6.9 Released

    Links for the day



  14. Links 19/1/2022: XWayland 22.1 RC1 and OnlyOffice 7.0 Release

    Links for the day



  15. Links 19/1/2022: ArchLabs 2022.01.18 and KDE's 15-Minute Bug Initiative

    Links for the day



  16. When Twitter Protects Abusers and Abuse (and Twitter's Sponsors)

    Twitter is an out-of-control censorship machine and it should be treated accordingly even by those who merely "read" or "follow" Twitter accounts; Twitter is a filter, not a news/media platform or even means of communication



  17. IRC Proceedings: Tuesday, January 18, 2022

    IRC logs for Tuesday, January 18, 2022



  18. Links 19/1/2022: Wine 7.x Era Begins and Istio 1.12.2 is Out

    Links for the day



  19. Another Video IBM Does Not Want You to Watch

    It seems very much possible that IBM (or someone close to IBM) is trying to purge me from Twitter, so let’s examine what they may be trying to distract from. As we put it 2 years ago, "Watson" is a lot more offensive than those supposedly offensive words IBM is working to purge; think about those hundreds of Red Hat workers who are black and were never told about ethnic purges of blacks facilitated by IBM (their new boss).



  20. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  21. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  22. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  23. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day



  24. Links 18/1/2022: GNOME 42 Alpha and KStars 3.5.7

    Links for the day



  25. IRC Proceedings: Monday, January 17, 2022

    IRC logs for Monday, January 17, 2022



  26. Links 17/1/2022: More Microsoft-Connected FUD Against Linux as Its Share Continues to Fall

    Links for the day



  27. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



  28. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day



  29. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022



  30. Links 17/1/2022: postmarketOS 21.12 Service Pack 1 and Mumble 1.4 Released

    Links for the day


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