Bonum Certa Men Certa

As Europe Gets Increasingly Serious About Software Freedom and Digital Sovereignty It Needs to Enforce a Ban on Software Patents ASAP

posted by Roy Schestowitz on Aug 12, 2025

Proposal for a Directive of the European Parliament and of the Council on the patentability of computer-implemented inventions

Looking back 2+ decades, based on official texts, the corrupt EPO effectively 'defeated' the law. 2 decades later it issued patently illegal policies for approving loads of European software patents - i.e. patents which are both illegal and undesirable. Since there is no oversight, the EPO can break the law all it wants and even use its kangaroo courts to issue decisions affirming its actions.

From the old text:

One conclusion which can be drawn unquestionably from the responses is that there is a clear demand for action. The present situation in which there is lack of clarity as to the limits of what is patentable is seen as an important negative influence on the industry. However as to precisely what action should be taken, opinions were sharply divided between those who wish to see strict limits on software-related patents (or a complete ban) and those who support harmonisation at the level of more or less the status quo as defined by the current practice and jurisprudence of the EPO.

The individual responses were dominated by supporters of open source software, whose views ranged from wanting no patents for software at all to the "official" position of the Eurolinux Alliance which is to oppose patents for software running on general-purpose computers. On the other hand, submissions broadly in support of the approach of the consultation paper tended to come from regional or sectoral organisations representing large numbers of companies of all sizes, such as UNICE, the Union of Industrial and Employer's Confederations of Europe, EICTA, the European Information and Communications Technology Industry Association, and the European IT Services Association. There were also individual large organizations, other industry associations and IP professionals. Thus although the responses in this category were numerically much fewer that those supporting the open source approach, there seems little doubt that the balance of economic weight taking into account total jobs and investment involved is in favour of harmonisation along the lines suggested in the paper.

An associate has explained that "the gist seems to be that the opposition to software patents is mainly from the FOSS communities and therefore economically irrelevant and therefore should be ignored; the obvious rebuttal is to point to the tremendous economic value FOSS has for European nations."

More so now that many councils in Europe move to Free software and US policy/companies cannot be trusted. When it comes to harmonisation - what they mean by this term is inheriting US laws here in the European nations. They simply assume that whatever powerful corporations and plutocrats in the US want should also be adopted in Europe and then enforced using kangaroo courts which are illegal and unconstitutional. This is a long topic, we've been rightly reminded, but it is one that we covered here many times in our earlier years as a site. █

Other Recent Techrights' Posts

More Shutdowns at Microsoft, Hundreds of Workers Impacted Shortly
It's not the entire wave, just part of it
The World Needs Activists With Social Skills and Perseverance
An everyday activist makes life better for everybody, everywhere (not for personal gain or even credit)
 
Gemini Links 24/10/2026: Automobile Differential Tire Movement, Samsung Washer Woe, and Slop Scraping
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 23, 2026
IRC logs for Friday, October 23, 2026
As Usual, Late on a Friday XBox (Microsoft) Releases Evidence of Its Demise
We covered several such Friday announcements earlier this year
Gemini Links 24/10/2026: Break/Fix and OpenStreetMap
Links for the day
Links 23/10/2026: Slop "is Scaling Transnational Repression" and Infringement and DMCA Suits Against Suno/Anthropic (Plagiarism Blenders)
Links for the day
The Register MS: About 60 Mentions of "AI" in One Day Are Paid-for Spam (Sponsored Hype, Composed by the Companies Covered)
The Register MS is a dying site
Links 22/10/2026: MElon (Elon Musk) Election Interference and Perl/Raku Foundation by the Numbers
Links for the day
Techrights Audience Grew as a Function of the Intensity of Attacks on Its Existence
We try to publish fewer stories but better (not necessarily long but at least important) stories
TechRepublic is Becoming a Slopfarm
It seems like TechRepublic became LLM slop (maybe all of it, maybe only some of it for now)
Techrights is Not About GNU/Linux, Tux Machines Is
When we say "GNU/Linux" we emphasise the GNU
Intercontinental Brigading - Part XII - Lawfare to Cover Up Microsoft's Restricted Boot Calamity (Microsoft as Authority Over Linux), Garrett Wants to Talk About Penises Instead
When lawsuits become a political weapon
Without Microsoft's Monopoly (and Monopoly Rents) the Inevitable Microsoft Mass Layoffs Carry on Endlessly
Microsoft Windows is not retaining the dominance it once had
IBM's Debt Grew About $2 Billion in 3 Months
The silent layoffs still seem to impact Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 22, 2026
IRC logs for Thursday, October 22, 2026
Gemini Links 22/10/2026: Solar MiniBBS, Building Major Tom, and Zig
Links for the day
Links 22/10/2026: Busan’s Celebrity Shark in Canal Again
Links for the day
Links 22/10/2026: "Software Developers Have Been Promoted Into Incompetence"
Links for the day
Intercontinental Brigading - Part XI - Losing Over a Million Pounds (Borrowed Money) to Try to Silence Critics of Restricted Boot With Microsoft-Controlled "Certificates"
Garrett is also very jealous of Daniel Pocock
Links 22/10/2026: eBay to Lay Off a Tenth of Staff (Again), Node.js and PHP Security Crises, Climate News
Links for the day
Red Hat Layoffs Still Going on This Week (Whilst IBM's Debt Grows in Spite of Mass Layoffs)
IBM is bluffing/cheating the shareholders again
IBM's Debt Continues to Increase While the Company Rapidly Shrinks
This is what a dying company looks like
Linux Kernel Needs Diversity and Diversity of Good Code, Not LLM Slop
Linux (and Linus) are kicking a can down the road
Microsoft Shrinks Every Year
Microsoft will try to spin or twist this as "efficiency"
Gemini Links 22/10/2026: Holiday Inn and Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 21, 2026
IRC logs for Wednesday, October 21, 2026