Bonum Certa Men Certa

Microsoft Proxies and Software Patents in Europe

Europe



According to Digital Majority, CompTIA [1, 2] may be joining the push of other Microsoft pressure groups such as ACT. It's part of a broad push for destruction of the European patent system though assimilation to a broken system -- the USPTO. As the Los Angeles Times put it yesterday:

The U.S. patent system is not working. It stands accused on all sides of stifling innovation instead of nurturing it. Some critics say the system is fundamentally wrecked, others that it can be fixed.

In this new book, "Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovation at Risk," economist James Bessen and law academic Michael Meurer show that the system no longer provides predictable property rights. They go on to offer solutions based on empirical evidence from history, law and economics.

[...]

While making these criticisms, however, the authors ignore that the fault may lie with the appointment of judges who are unfamiliar with patents to hear patent trials.


We previously saw strong criticism over inappropriate appointment of judges, which challenged this system's integrity in the more severe of ways.

Moreover, Roberto Galoppini writes about the ever-spineless WIPO [1, 2, 3, 4, 5, 6, 7, 8, 9] that merely serves large corporations which sponsor it. And yes, it's that notorious "harmonisation" effort (should be called "contamination" really).

After a hiatus of three years, the WIPO Standing Committee on the Law of Patents (SCP) met for its 12th session on June 23, 2008 to June 27, 2008. Given the collapse of the talks to initiate a Substantive Patent Law Treaty (SPLT) to harmonize patent law with respect to prior art, novelty, inventive step and grace period, even the most prescient of WIPO watchers were at a loss in prognosticating the outcome of the WIPO SCP.


Why the mystery and the secrecy? ACTA comes to mind as an analogous and very recent case [1, 2, 3, 4, 5, 6]. And speaking of which, mind yesterday's news about BT becoming a copyrights cop:

BT to cut off file-sharing customers



[...]

This follows a similar move by Virgin, which earlier this year joined forces with the BPI on an 'education campaign' aimed at those sharing copyrighted files.

[...]

ISPs have been under pressure from the government to work with the music industry in targeting illegal file sharers this year. Ministers have even threatened to introduce anti-filesharing legislation if a solution is not reached.


What happens if people get disconnected after incorrect judgment? Would there be compensation? Who pays for BT's additional burden? How can CC-licensed and Free art be set apart from copyrighted one?

Looking ahead, might this be the beginning of something more widespread? Will ISPs ever disconnect people for mistakenly watching copyrighted videos on YouTube? Bill Gates admitted doing so a couple of years ago.

Similar questions are being raised by various critics of the policy. See for example:



America



Acacia and Microsoft are no strangers [1, 2, 3, 4, 5, 6, 7, 8, 9, 10] and the extortion crusade surely continues. [via Digital Majority]

Acacia Research Corp. announced that its subsidiary, Credit Card Fraud Control Corp., has entered into a non-exclusive patent license and settlement agreement with SPG Solutions, covering a patent that applies to fraud protection technology.


Also of interest is the following nugget of information that cannot be repeated often enough.

Surveys regularly find that computer programmers are opposed to patents on software by a wide margin. In what other field is the class of inventors so opposed to patents?


Yesterday we wrote about the problem with giants banding together against software patents or patent trolls. It's not a solution but a convenience that applies only to affluent few. This is clearly not the way to go.

You may remember a while back I wrote about Vocaltec selling some of its patents to what appears to be a firm that will become a patent troll.

[...]

The end result of these moves is likely going to be a bidding war for patents. On the one hand there will be VC money fighting to buy patents and on the other it will be Allied Security Trust.

If anything, this environment will make it more lucrative for companies with valuable patents to sell. This new battle will certainly be interesting to watch.


It seems as though intellectual monopolies are therefore elevated rather than buried, especially where they are not worthy of consideration in the first place.

Recent Techrights' Posts

Silent Layoffs, Cool-down, and Cool-off: How GAFAM and IBM Operate (the Law Doesn't Apply to Them)
Laws? What laws?
 
People Who Enforce the GPL Banned From Linux Foundation Board (After Bribes From Prolific GPL Violators), Now They're Banned From Giving Talks at Events
about the "LF" ('Linux' Foundation)
Gemini Links 06/09/2026: The Slop Plagiarism 'Holy War' (Hype, Scam, Scheme), Burning CD-Rs, and Hardcopy Mono
Links for the day
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part IV - Insufficient Resources in the Face of Distributed Denial of Service (DDoS) by Lawyers
it's about 120KG
OpenStreetMap is the Future, Dictatorship is the Past
OpenStreetMap helped us check maps for transport, various overlays with addresses, and there was 0% reliance on GAFAM or "Google" anything
How Strikes at the European Patent Office Are Seen by Striking Staff in Berlin, Germany
We have some more EPO scandals to cover later this year and next year
Association for Computing Machinery Cites Techrights in Relation to GemText and Gemini Protocol
published yesterday, Open Access
Links 06/09/2026: More XBox Trouble (Microsoft Unrest, Many Silent Layoffs This Month), John Duffy as Next USPTO General Counsel
Links for the day
Gemini Links 06/09/2026: Avoiding 'Smart' 'Phones' and Setting up Gemini for the First Time
Links for the day
Links 06/09/2026: Sabotage by Slop and "What Happens If 'Open' 'AI' Dies?"
Links for the day
How Back Doors Became the 'Normal' or 'Norm'
"We also allowed a lethal monoculture to fester"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part III - The SRA is Vastly Worse Than Brits Realise, We Have a "Wild West" in London
In the next part we'll begin looking at correspondence with the SRA
SRA and Manslaughter: How the SRA Contributed to Agony in Proprietary Software Scandals With Clear Misuse of "Without Prejudice"
Trying to prevent the public from finding out the criminal stuff that went on, resulting in many deaths
Canonical (or Ubuntu) Rejecting IRC Isn't the Widespread Trend
Internet Relay Chat (IRC) adoption still growing by some yardsticks
SLAPP Censorship - Part 173 Out of 200: Two Years
It was exactly 2 years ago that we filed lawsuits against Garrett
Linux of America
We could not help but notice GNU/Linux in North America yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 05, 2026
IRC logs for Saturday, September 05, 2026
Gemini Links 06/09/2026: Internet Limiting (Limited Time Allotted) and Solar MiniServer
Links for the day
Eight Months of Strikes in EPO, Organised by the Staff Union (SUEPO) Also in Berlin
In Berlin, only one member of staff voted against the action plan
Links 05/09/2026: "Let’s Stop Buying New Phone" and 'Open' 'AI' (Proprietary Slop) Drowning in Lawsuits
Links for the day
Gemini Links 05/09/2026: Polarization, Warped Maps, and Emacs rectangle-number-lines
Links for the day
Software Freedom, Even If Difficult to Attain Due to Outside Pressure, Does Make You Happier
Peer pressure and opinionated employers can make friends and staff more miserable if they dictate bad software
You Can Run GNU/Linux on a Desktop/Laptop for 1,000+ Days Nonstop
To me, the long uptime is a way of "marketing" GNU/Linux as robust and stable
Profiting From Global Warming (and Making More Money the More You Cause Warming)
Unregulated bank and pyramid scheme
SLAPP Censorship - Part 172 Out of 200: The Solicitors Regulation Authority (SRA) Complicit in the SLAPPs by Inaction (Didn't Even Study Any Evidence, Only Wasted Time and Budget)
"SRA placed into special measures due to 'disappointing standard of leadership'"
China Does Not Need American (US) Products Like GAFAM's
China has abundance of technical things it can leverage to preserve its autonomy
RMS Didn't Make Enough Backups
Making backups is important
Refresher: Why EPO Staff is on Strike This Year (Aside From the EPO Acting Like a Corrupt, Above-the-Law, For-Profit Corporation That Violates Its Own Charter)
One core issue at the EPO is erosion of purchasing power
Gemini Links 05/09/2026: Fireflies, Shore Pine, and ASCII Art
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 04, 2026
IRC logs for Friday, September 04, 2026
The Legal Services Board (LSB) Takes on Solicitors Regulation Authority (SRA) for Utter Failures, We'll Resume Our SRA Series to Illuminate How Bad the SRA Really Is
a quick overview of the latest news
Links 04/09/2026: Notorious Patent Trolls' Judge Enters the Private Sector (Corruption, Revolving Doors), Gloria Steinem's Life in Pictures
Links for the day
Gemini Links 04/09/2026: Worries, Upgrades, and CS Students
Links for the day
Richard Stallman's Web Site Back Online, But It Seems Like a 2-Months-Old Snapshot
Latest political notes are dated July 2 (2026)
SPAM Disguised as Benchmark or Comparison: The Register MS "PARTNER CONTENT" is Getting Weirder by the Month
Sites that promote fake 'coins' or pyramid schemes to their audience(s) aren't worth tolerating
PIPs at IBMs are Layoffs Because They're Impossible to Satisfy (or They Terminate Workers Despite Satisfying Them)
What insiders say
In the United Kingdom You Can No Longer Make the Assumption People Use Windows (or 'Smart' 'Phone')
As autumn arrives Microsoft faces a crisis
SLAPP Censorship - Part 171 Out of 200: Talking About Corruption and Violence Against Women
Today the Labour Party (UK) speaks about corruption
Warming Up for Investigative Journalism About the European Patent Office (EPO), Europe's Second-Largest and Probably Most Corrupt Institution in Europe
It continues to exploit diplomatic immunity for impunity
Microsoft Handing Out PIPs by the Thousands, Anxiety in GAFAM Building Up
Years ago I heard from people who pretended to be ill to avoid getting fired
BRICS in the Windows: Brazil's GNU/Linux Share (as Measured by CDN) Has Hit Highest Point in a Month
The largest Web CDN, Clownflare, sees GNU/Linux at 8.1% right now in Brazil
Corporate Media Will Always Glorify Its Owners (Corporations That Value Nothing But Capital)
Collecting "money" like it's a form of competition where they track "score"
We'll Never Do Slop!
Being against slop is not being "left behind"
Thieves Complain About the People They Steal From
"When you point the finger at someone, there are three fingers pointing back to you"
Links 04/09/2026: "The Rise of the Billionaire Lobby", the "Imperialist Delusions", and Digital Restrictions (DRM) From Nvidia
Links for the day
Buying From China
Nations must begin to speak about their digital sovereignty, which Free software is best equipped to grant and best positioned to assure in the face of outside resistance
GNU/Linux Continues to Grow in China
GNU/Linux reached its highest point in a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 03, 2026
IRC logs for Thursday, September 03, 2026
Gemini Links 04/09/2026: Forgotten Realms Avatar Series and Slop Plagiarism's Footprint in Gopher/Geminispace
Links for the day