Bonum Certa Men Certa

It's Not Over in Europe; WIPO Wants Some More Open Source Whipping

Making a change while still you can

There's a bit bundle of news pertaining to patents. Here is a quick summary.

Many thanks to an anonymous reader for pointing out the following thread: Open Source != GPL

The thread may be very valuable for future reference covering the EC-Microsoft agreement [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. The reader points out: "If you read up to the end, there yet seems to be some hope that the DG would not accept the Microsoft's conditions." He then adds that it is important that we continue to stress points which we so regularly repeat. "It is now precisely when we must keep denouncing the monopoly's maneuvers and spreading the word in order to raise awareness of the issue," he concludes.

Mind the following text:

Posted Oct 24, 2007 22:58 UTC (Wed) by rahvin (guest, #16953) In reply to: Open Source != GPL by dmantione Parent article: FFII: EU tells open source to start paying MS patent tax

The deal was negotiated in a back room with no presence of any of the plantiffs, of which SAMBA is the sole remaining. This was a brokered deal between Balmer and an EU politico. The license that has already been released requires the patent license to get the interoperability info, you can't disclose source and you around bound to audits and other incomprehensible terms that completely exclude GPL software.

The EU Politico that negotiated the "settlement" bent over and snatched defeat from victory while listening to the soft promises of Steve Balmer. Just like the US anti-trust was destroyed by political involvement so was the EU case. Mark my words, Samba will issue a statement saying the settlement offers them nothing.

[...]

There is no "deal" or "settlement" in the sense of a document with a signature of Mrs. Kroes below it. There is a "verdict" from DG Competition, and a "verdict" from the EU Court of First Instance, which requires Microsoft to publish interoperability information, not patent licenses.

Now: * DG Competition interprets providing the "information" to competitors means any competitors, including open source competitors. Therefore open source compatible terms. * DG Competition interprets tying patent licenses with the purchase of the "information" as not complying with the verdict, especially as DG Competition considers the Microsoft protocols not innovative, and therefore has serious doubts on the validity of the patents. However, are outside the scope of the "verdict". * As the current situation is Microsoft has agreed with this interpretation. DG Competition has not agreed with Microsofts terms (as of yet).


Elsewhere, in Canada, WIPO seems to be doing its old routine, essentially trying to impose US-style IP laws on the rest of the world. This has not escaped the wrath of the open source community in that area.

The Canadian government’s affirmation for copyright reform in this month’s throne speech could have implications on technological innovation as well as the open source community, according to industry activists.


WIPO seems like a very universal and benign establishment, but recall what we wrote about WIPO couple of days ago. WIPO strives to achieve goal that do not necessarily align with the the consumers' interests as much as those of funding sources (corporations and governments, which are in turn funded by corporations as well). Free open source software rarely intersects with the agenda of bodies such as WIPO because it's seen as a threat that makes their role weaker.

Other patent news



The millions of blogs littering the Internet prove that everyone has an opinion. But you won't often find the general counsel of a major tech company shooting his mouth off about ongoing patent litigation.




America's computing industry are lining up behind Buffalo Technology to support its appeal against a US import ban of its 802.11a and 802.11g kit.




More than 430 organizations and companies representing over 25 industries have written to Senate leaders criticizing pending legislation to reform the US patent system

Recent Techrights' Posts

Sonny Piers Finally Spills the Beans on GNOME Cover-up, Points Finger at Robert McQueen, Misusing "Defamation" to Silence Critics of Wrongdoing
Robert McQueen, who is extremely connected to Garrett (they share digital nests)
Techrights Was Months Ahead of "XBox" News (Mass Layoffs)
Next: end of XBox as a console
More Commentary on June 2026 IBM Layoffs and Why They Happen
It sounds a lot like what happened to the EPO
 
Links 13/06/2026: Microsoft’s XBox Crisis and "Apple Deepfakes"
Links for the day
Gemini Links 13/06/2026: Why Humans Are Mostly Right Handed and "Getting Things Done"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 12, 2026
IRC logs for Friday, June 12, 2026
SLAPP Censorship - Part 104 Out of 200: Exactly Two Years Ago Brett Wilson LLP Humiliated or Weaponised Our Solicitor's Judaism in an Effort to Censor and Gag Us
dated 12/06/24
Half a Year Since Slopwatch Died
To Google's credit, it did manage to delist a lot of slopfarms in recent months
Links 12/06/2026: Science, Windows TCO, and More
Links for the day
"AI" 46 Times in One 'Article' Because The Register MS Got Paid to Push it
Today is just another opportunity to remind people that the slop bubble and GPU bubble are based on inauthentic fake 'journalism'
Gemini Links 12/06/2026: FTP and Gopher, Cluster Outage Postmortem After Cleaning by Wife
Links for the day
European Patent Office (EPO) Series: Transcending Partisan Rivalry in the National Interest
Up until now, Campinos has generally been regarded as a Portuguese "asset" on the international stage
Gratitude to Whistleblowers or Sources of Techrights
Whistleblowers are what makes journalism work
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy