Bonum Certa Men Certa

Failing SCO, Microsoft Eyes EU and Software Patents

Languishing case dragged on for half a decade

"[Emerson, Microsoft senior vice president for strategy] stated that Microsoft wished to promote SCO and its pending lawsuit against IBM and the Linux operating system. But Microsoft did not want to be seen as attacking IBM or Linux."

--Larry Goldfarb (of BayStar)



Readers might be wondering what all those SCO-related quotes are about. We've posted many of them so far today in order to symbolise and draw attention to the Halloween Documents, which intersect with today's special day. As stated in Wikipedia, there was an "e-mail from consultant Mike Anderer to SCO's Chris Sontag revealing Microsoft's channeling of US$ 86 million to SCO."



“It's worth remembering that Novell approached Microsoft for this deal, not the other way around.”Failing copyrights libel, as implicitly suggested inside the Halloween Documents, Microsoft has already resorted to unbacked patents libel. It's the next logical step and a last option too. That resistance phase was ignited a year and a half ago and it was empowered by the patent deal Microsoft had signed with Novell. It's worth remembering that Novell approached Microsoft for this deal, not the other way around.

Software patents are 'softer' than copyrights and their legitimacy is constantly being questioned; their very existence is challenged. Software patents are still illegal in the large majority of the world, so Microsoft has reasons for concern about its unfounded claims and threats. After all, SCO was fined in Germany for such slander. Can Microsoft too be fined? Either way, there is an endless pursuit for software patents in Europe, courtesy of Microsoft, a few other companies, and the pressure groups they employ [1, 2].

In reality, owing to existing confusion and lack of clarify, “they [EPO] can’t distinguish between hardware and software so the patents get issued anyway," says Microsoft's Marshall Phelps.

Europe's assignment of the infamous software patent situation to the enlarged board was mentioned here earlier [1, 2, 3]. The following report from IDG suggests that Pieter Hintjens, former head of FFII welcomes this decision.

In an interview at the beginning of this year, shortly after she took over the top job in Munich, Brimelow said she wasn't ready to refer the software patents question to the EBoA, perhaps out of respect for her predecessor.

Now that she is ready, the reaction has been positive.

"It will be a landmark case with a sizeable effect on the interpretation of patent law even beyond Europe," said Thomas Vinje, an intellectual property expert and partner at the law firm Clifford Chance.

Pieter Hintjens, a prominent campaigner against software patents during the political debate in 2005 and founder of software company Imatix, welcomed Brimelow's decision.

"The (EPO) has resisted doing this for many years. In the past it didn't want to clamp down on software patent applications for economic reasons: The EPO makes money from patent applications and renewals. Brimelow at last is taking a healthier approach, prioritizing the long-term interests of society ahead of the short-term financial ones," Hintjens said.


There is some more background reading to this in The Register.

The European Patent Office (EPO) has asked its ultimate legal authority to look at the European Patent Convention (EPC) and issue advice on the patentability of software. The EPO said that such advice was necessary to ensure the uniform application of the EPC.


We have been writing quite extensively about what Symbian (Nokia) has done in the UK. It harmed the country's treatment of software patents [1, 2, 3, 4, 5]; however, according to this, the situation in the UK can be impacted by the conclusions reached in continental Europe.

The thorny issue of software patents in the EU was again in the news last week. Regular readers will recall the ongoing row between the UK Intellectual Property Office (UK IPO) and the courts over the former's application of both UK and EU case law on the extent to which computer software can be patented. The most recent round a couple of weeks back saw the Court of Appeal find the UK IPO was wrong to deny a patent to Symbian's PC performance enhancing software. Now the European Patent Office (EPO) has sought clarification by way of a reference to the Enlarged Board of Appeal (which hears appeals against EPO decisions) seeking to clear up some of the finer points of the application of European patent law. Those clever kitties at the IP Kat reckon the referral should end some of the uncertainty over computer software at the EPO level and (indirectly) aid the UK IPO as well. Let's hope so.


These are interesting times and an important test for the European patent system. Brimelow does not want another riot.

Software patents protest against EPO

Recent Techrights' Posts

XBox Being Discontinued, Some Models of XBox Canceled, Not on Sale Anymore
First some of the largest retailers quit stocking/selling XBox, now a 2TB model is axed
Firehose of Spam (Fake News) From The Register MS Today
This is how awful the state of news sites really is
Natural Disasters and Personal Disasters
Thank you, Om Malik, for the positive memories
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026
Links 26/06/2026: SoftBank Forbids Mentioning That Slop is a Scam, "'We Need Courageous People' to Combat Greed and Corruption"
Links for the day
Gemini Links 26/06/2026: "Negativity of Reddit" and "Moving Blog to Gemini"
Links for the day
Same MIT Site That Fabricated the Fake News for IBM is Still Being Paid to Produce Fake "Reports" That Prop Up a Ponzi Scheme
If this is the media we deserve as a society and believe keeps us informed, then we are all doomed
'Social' Slop: The Social Control Media and Slop Crises Are Converging
Social Control Media and slop may have a shared fate. People will shun them both.
Union Syndicale Fédérale (USF) Speaks Out Against Campinos and Informs the Chairman of the EPO Administrative Council
Does Mr. Kratochvíl pay any attention at all?
'António the Pretender' Campinos is Digging His Own Grave With Grotesque Lobbying Intended to Undermine Democracy in Europe's Second-Largest Institution
One way or another, the EPO will never be the same again
The Principle of "Do No Harm"
"Do No Harm" is a common saying
After Years of Bluewashing People Who Are Still Labelled "Red Hat" Suddenly 'Leave' (Might be PIPs), IBM in "Forever Layoffs" Loop
Remember that Red Hat had mass layoffs this year
Microsoft Staff Bracing for Impact Ahead of "Layoffs Lottery"
some people start to assess who will get culled next
Donald Trump and IBM's CEO: Twins Separated at Birth, Saturating the Media With False Reports About Things That Don't Exist
Every "journalist" that went ahead with this fake news should be sacked on the spot for a rejection of fact-checking
The Register MS Will Become Indistinguishable From Spamfarms at This Current Pace
Follow the money...
Microsoft Layoffs Have Already Begun in Its PR Department
It is called Waggener Edstrom
Techrights Community as Litigants in Person (LIPs)
Unwittingly and due to circumstances we're had to step in to protect women abused by monstrous men who lack empathy
European Patent Office (EPO) Series: Rest and Recuperation on the Adriatic Coast
The EPO President's connections with the Croatian SIPO date back to his days as head of the EU trademark agency EUIPO
Slopfarms Becoming Scarce and Few (or Inactive)
we'll try to refrain from even giving the remaining slopfarms any visibility
The Register MS Promotes Things That Do Not Exist... for Money
How much more ZTE spam will come out before 5PM?
Links 26/06/2026: RIP, Om Malik, 1966-2026
Links for the day
Memory Leaks Suck
Slop ('vibe') coding means lots of bad programs
Gemini Links 25/06/2026: Life Philosophy and Misery
Links for the day
GAFAM Became a Mainstream Term, and Why Words Matter
Conveying problems in useful terms [...] Impairing propaganda attempts (e.g. calling parrots "intelligence", back doors "confidential", and outsourcing "cloud") should be the first step
European Patent Office (EPO) on Strike Today, Next Week Another Historic Week
If you live in Europe, contact your delegates today
FSF FreeJS Project (Part of the GNU Project's Goals) Advanced Further in 2026
They're moving to reduce dependence on anything to do with Microsoft
SLAPP Censorship - Part 119 Out of 200: Our Suggestions to Our Politicians and Heads of State
coverage about SLAPPs and related matters
Microsoft Already Closing Down Studios, According to Some Publishers
It is being compared to what happened in Intel
IBM PIP Stories Told in Public, Fake IBM News (Fabricated Claims) Drown Media Sites
IBM is seeding fake news to help justify the bailout
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 25, 2026
IRC logs for Thursday, June 25, 2026
Microsoft Falls to Lowest Value Since 2023
Microsoft can come back down to somewhere below $100
This Could be the Start of Microsoft's Biggest Wave of Layoffs in 50+ Years
This is what it looked like for Intel a few years ago
The Register MS is Promoting a Pyramid Scheme for Money, But It Is Over 6 Million Pounds in Debt
How much lower can the reputation of this publisher sink?
Gemini Links 25/06/2026: Unix-like People and NeoGeo
Links for the day
Members of the Delegations in the EPO's Administrative Council Told That Amid Unrest Campinos Must Go; a Year of EPO Strikes Means It's Time to Change Leadership
Which strategy is needed for the European Patent Organisation?
The Cyber Show on How Data is Misused and Broadcast is Abused to Crush Resistance to Harmful Technology
We recently published a number of articles about how Computer Science is coming under attack
Increasing Participation Rates in Staff Representatives' Elections at the European Patent Office (EPO)
The industrial actions seem to have brought colleagues closer together
Microsoft's Mass Layoffs Have Already Begun (Could Not Wait 'Til July)
Microsoft's biggest layoffs round in 50+ years?
Assessing the "Worth" of a Life
Don't let blunt plutocrats decide whether Venezuelans deserve sympathy or not
Planning 20-Year Techrights Event
Interested people can contact us in IRC
Links 25/06/2026: Earthquakes Strike Venezuela, Conflict of Interest in Kangaroo Court UPC
Links for the day
More Weight of IBM's Stock is Ascribed to Lies and Things That Do Not Exist
Turning stones into gold?
SLAPP Censorship - Part 118 Out of 200: Exposing Crimes is Not a Crime, It is a Public Service
We will soon enter the sixth year of lawfare
Links 25/06/2026: "Why We Need Seed Legislation" and XBox Chaos Predicted by Insiders
Links for the day
Gemini Links 25/06/2026: Hobbies Change, Young love, Strange Encounter, and Raspberry Pi Zero W
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 24, 2026
IRC logs for Wednesday, June 24, 2026