Bonum Certa Men Certa

Patents Roundup: David Hammerstein on Microsoft Lobbying in Europe; Harrison Targets Lobbying on Software Patents in New Zealand, Justice Stevens Leaves SCOTUS

David Hammerstein
Photo by Mara



Summary: News from three continents about patent policy: Microsoft's “revolving door” European Commission officials; New Zealand's AJ Park looking for tax on software; Algebraix Data brags about its software patents

EVERY ONCE in a while we highlight developments that impact patent policy. In this roundup, Microsoft is involved too (it typically uses front groups to hide its role) and Free software is directly impacted.



Europe



We have written quite a lot about David Hammerstein in recent months [1, 2, 3, 4, 5, 6]. As a former member of parliament, he helps expose Microsoft's maneuvers behind closed doors in Brussels. Here is his latest: [via André]

Open Standards under siege in the European Union



[...]

Nevertheless, openness still seems to be considered a dirty word in a number of official corridors of Brussels that are probably under the well-organized lobbying efforts of the Microsoft empire (according to some malicious rumours difficult to believe the campaign is being promoted by “revolving door” European Commission officials who returned to public service after a number of years of “leave” on the Microsoft payroll). According to many observers this US IT giant is trying to counter-attack after taking heavy blows and fines precisely from the new Digital Commissioner Nelly Kroes who previously held the post of the EU’s competition czar.

[...]

If this EU programme was put into practice a number of major IT companies would have a harder time at locking out new innovative competitors and millions of internet users would have a much easier time at communicating without technical barriers. EU citizens would for the first time be able to participate in European democratic institutions without being forced to purchase one particular closed brand of software in order to exchange information with their elected representatives. The final “EU Digital Agenda” will be presented at the end of April and the latest news is that the openness agenda is losing the battle within the European Commission while a few narrow business interests are taking the upper hand. If it were published today the term “open standards” would be totally erased from the whole document. In this important fight the positions of the general public interest have hardly been taken into account. Voices in favour of open standards and interoperability urgently need to be heard in Brussels.


For information about EIFv2, see:

  1. European Interoperability Framework (EIF) Corrupted by Microsoft et al, Its Lobbyists
  2. Orwellian EIF, Fake Open Source, and Security Implications
  3. No Sense of Shame Left at Microsoft
  4. Lobbying Leads to Protest -- the FFII and the FSFE Rise in Opposition to Subverted EIF
  5. IBM and Open Forum Europe Address European Interoperability Framework (EIF) Fiasco
  6. EIF Scrutinised, ODF Evolves, and Microsoft's OOXML “Lies” Lead to Backlash from Danish Standards Committee
  7. Complaints About Perverted EIF Continue to Pile Up
  8. More Complaints About EIFv2 Abuse and Free Software FUD from General Electric (GE)
  9. Patents Roundup: Copyrighted SQL Queries, Microsoft Alliance with Company That Attacks F/OSS with Software Patents, Peer-to-Patent in Australia
  10. Microsoft Under Fire: Open Source Software Thematic Group Complains About EIFv2 Subversion, NHS Software Supplier Under Criminal Investigation
  11. British MEP Responds to Microsoft Lobby Against EIFv2; Microsoft's Visible Technologies Infiltrates/Derails Forums Too
  12. Patents Roundup: Escalations in Europe, SAP Pretense, CCIA Goes Wrong, and IETF Opens Up
  13. Patents Roundup: Several Defeats for Bad Types of Patents, Apple Risks Embargo, and Microsoft Lobbies Europe Intensely
  14. Europeans Asked to Stop Microsoft's Subversion of EIFv2 (European Interoperability Framework Version 2)
  15. Former Member of European Parliament Describes Microsoft “Coup in Process” in the European Commission
  16. Microsoft's Battle to Consume -- Not Obliterate -- Open Source


New Zealand



Over in New Zealand, leeches of the software development community are fighting to allow software patenting [1, 2, 3] and the following short new report continues to name Peter Harrison as instrumental in opposition to all of this.

New Zealand Open Source Society is seeking powerful interests for pressurizing the government to turn around its plans of excluding software from patent protection reforms in the country.

Posting his views on NZOSS website, yesterday, Vice President Peter Harrison appreciated the Commerce Select Committee's advice of exclusion of software from patent protection, thereby countering the views of the critics.

[...]

He pointed out the criticism made by Ken Moon of intellectual property specialist AJ Park, arguing that the requirements for resourcefulness in the functionality of patent law are the same as for any other innovation.


We wrote about AJ Park yesterday. It's just a law firm trying to take money away from actual producers. The "patents industry" is even less useful than the "marketing industry"; it contributes next to nothing. Issues like the "penal industry" clearly show that industries can grow where they shouldn't.

As the article above correctly adds, even proprietary software companies would support the exclusion of software patents, unless they are monopolies. Patents harm small businesses, so it's not just an issue affecting Free software (contrary to common belief).

United States



Justice Stevens is leaving the Supreme Court of the United States and as Timothy B. Lee (who has just been hired by Google) puts it, Stevens was an opponent of software patents.

Patents: The explosion of software patents is one of the biggest threats to innovation in the software industry, and Justice Stevens saw this threat coming almost three decades ago. Stevens wrote the majority decision in the 1978 case of Parker v. Flook, which clearly disallowed patents in the software industry. Three years later, Stevens dissented in the 1981 case of Diamond v. Diehr, which allowed a patent on a software-controlled rubber-curing machine. Although the majority decision didn’t explicitly permit patents on software, Stevens warned that the majority’s muddled decision would effectively open the door to software patents. And he has been proven right. In the three decades that followed, the patent-friendly U.S. Court of Appeals for the Federal Circuit has effectively dismantled limits on software patents. And the result has been a disaster, with high-tech firms being forced to spend large sums on litigation rather than innovation.


From ZDNet we learn that a San Diego-based company called Algebraix Data is patenting maths (data manipulation, i.e. strings, matrices, and hashing) in the form of algorithms.

I met with Charles Silver, the CEO of Algebraix Data, a startup based in San Diego. He was telling me about his company’s approach to querying large databases, very quickly, and with no need for prior indexing, or construction of data models.

It all sounded too good to be true, I told him.

If Algebraix can do what it says it can, it is a very hot startup.

Here are some notes from our conversation:

[...]

- We have four patents on the technology. Getting software patents is not as easy as it once used to be.


Well, apparently it's not difficult enough. What is the physical invention here? ⬆

Recent Techrights' Posts

Brigading Against Women - Part IV - Death Threats, Threats to Women, and Threats for Pointing Out, Correctly and Based on Hard Evidence, That Garrett and Lozza Talk to Each Other About Me Every Year (for 4 Years)
Brett Wilson LLP too is a toxic manosphere
Making Oneself Obsolete With Slop
Dr. Lemire also puts on display a degree of hypocrisy
EPO Meeting Ran Out of Time to Discuss the Scabs ('Young Professionals')
EPO staff representatives in The Hague meet a member of the 'cocaine cabinet'
 
European Patent Office (EPO) Series: Temporary Public Office or Permanent Personal Feather-Bed?
there are no visible signs that the Administrative Council has the slightest interest in contemplating a change in leadership at the EPO
More GAFAM Layoffs at Apple, Second Time in Weeks (Silent Layoffs Silently Target Older and "More Expensive" Staff)
How many layoffs happen at Apple silently and go unreported or very scarcely reported?
Gemini Links 26/09/2026: Rant About Slop Ruining Crafts (Drowning the Signal With Plagiarism) and "Going Mechanical"
Links for the day
Links 26/09/2026: Microsoft Says Notification Data Breach/Surveillance Hole There by Design, EU Rapidly Dumping Microsoft for Digital Sovereignty
Links for the day
The Former Linux News Site ostechnix.com is LLM Slop
Please do not link to sites that promote and/or spread slop
Links 26/09/2026: Volkswagen Recalling ~50,000 Cars, US Attacks Its Own Media
Links for the day
Brigading Against Women - Part III - Racism Looms Large, Not Just Sexism
threats from a racist
Microsoft CEO Calls Layoffs "Streamlining" and Says Microsoft Layoffs Are "Great to See"
The lack of honesty here is only to be expected from Microsoft
Media silence deafening as Reform UK on brink of administration
Reprinted with permission from Daniel Pocock
Gemini Links 26/09/2026: Travel, Group Insurance Death Spiral, Stargazing, and Lagrange Meets LLM Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 25, 2026
IRC logs for Friday, September 25, 2026
Longtime Symbol of Microsoft's XBox Franchise, Halo, Down to Barely 20 People
The purge is huge, far bigger than submissive media cares to point out
The Register MS Promotes Slop for Banned Companies That Put Chinese Back Doors in Things, "AI" Mentioned 37 Times in One Page!
taking money from the undemocratic state and its surveillance outfits
Microsoft Attacked European Courts and Jurists, Now Europe Dumps Microsoft
This is because GNU/Linux is technically better, but the political factors contribute to that as well
Julian Assange Ready to Talk More (After More Than a Decade of Arbitrary, Unjust Confinement)
Two years ago, upon his release, his wife said he'd need some time off before properly or fully returning to the public eye
IEEE Tribute to Richard Stallman, Michael Tiemann, Linus Torvalds, Larry Augustin, Eric S. Raymond, Bruce Perens, Frank Hecker and Brian Behlendorf (Revolution OS Showing)
Live shortly
Winding Up Racists
What happens next shall be interesting
Links 25/09/2026: Selling Rogue, Defective Bots as "Agents" Results in PR Fiasco and Breaches; Russian 'Hybrid Attack' and "How Russia Evades Sanctions"
Links for the day
Gemini Links 25/09/2026: Arvelie Calendar, 44net, Pebbles, and Building the Bagel Concert Finder
Links for the day
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DisroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DisroWatch page to make the illusion of popularity
Large Wave of IBM PIPs, the RAs Wave Comes After 'Low-Hanging' Fruit (Families) Disposed of
PIPs are the new RAs
Links 25/09/2026: Carcinogen Atrazine Pollutes Americans' Bodies, "Donald the Deadbeat Does Diesel", and Anger Over Data Centres Grows
Links for the day
Theory That Microsoft Cheapens Its Workforce to Push Workers Out on Their Own (Theory Advanced by Insider)
people work longer hours for less, i.e. their hourly salary is decreasing
Daniel Pocock Makes It Into Mainstream Media Again (Going After Racists)
American bigots funding blatant and shameless racists here in the UK
Tackling Racism in the United Kingdom (Racism Funded by Americans) Using the Courts
We'll talk about racism my wife and I experienced in the events leading up to litigation
Another Woman (or Women) Has Just Run Away From Brett Wilson LLP (After Barely a Month!), the Hired Guns of Garrett and Graveley (Microsoft)
They call this phenomenon "death spiral"
SLAPP Censorship - Part 200 Out of 200: Will GNU Boot Undo the Technical Damage Caused by Microsoft and Garrett? (And Garrett's Litigation Allies From Microsoft)
Today we publish the final part of this series
US Government Sites Can Now Totally Ignore Mozilla Firefox Users or Users of Firefox Derivatives
Firefox, now at 1.1% in the US (based on American government sites), has sunken to the point of no return
Things Not to Measure in Quantity Alone
More patents do not beget greater innovation
Even Microsoft Boosters Start to Doubt XBox Will Exist (It's Being Phased Out, Just Not "Officially")
This is how to phase out a business unit without officially saying so (as it might alarm investors)
Omarchy is Built on the Idea That Slop is Desirable (It's Not)
They call bots and plagiarism "agents" and "training"
IBM is Shrinking Very Fast (Silent, Unannounced Layoffs)
IBM and Microsoft both avoid WARN notices by compelling staff to leave or silently removing them with some NDA
In Some Parts of Microsoft 50% of All Staff Subjected to Layoffs, Media Pretends Only 0.1% of Staff Are Removed
This really says a lot about the state of today's so-called 'media'
SLAPP Censorship - Part 199 Out of 200: An American Burden on the British Legal System
A year ago (October 2025) the head of media (Jointly in Charge of the Media and Communications List), the judge in the Garrett case, said that this case was a waste of the court's money
EPO Management Wants Everything to be Done in Microsoft Spyware
In reality, this management should be ousted for normalising cocaine at the Office
Criminalising Opposition to Fraud
slop causes social issues
The Register MS Does Not Properly Flag Its SPAM About Slop
Signs of desperation
Gemini Links 25/09/2026: Ljubljana, Tanana River, and Curse of Slack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 24, 2026
IRC logs for Thursday, September 24, 2026
Supporters of winding-up process staking claims against Reform UK Party (CR-2026-007405)
Reprinted with permission from Daniel Pocock
Winding-up petition leaked before service on Reform UK Party Limited / Nigel Farage
Reprinted with permission from Daniel Pocock
Gemini Links 24/09/2026: Laziness, Outdoor Seating, "AngelNova’s Interview Malware and Its North Korea Connection"
Links for the day
Links 24/09/2026: Slop "Linked to Disturbing Culture of Sexual Assault"; "Zelensky Warns Russia’s War Will Expand if It Is Not Ended Soon"
Links for the day
Winding-up petition served on Reform UK Party Limited (Nigel Farage)
Reprinted with permission from Daniel Pocock
Appliances Should be Dumb
Any "Smart Home Appliance" is basically a thing that does not last long, does not work as advertised, and is generally unfit for purpose
SLAPP Censorship - Part 198 Out of 200: It Sounds Like Garrett is Now Sending People to Silence Critics (Including His Own Spouse)
This week Garrett is having a somewhat karmic experience
Links 24/09/2026: Slop Contaminating KDE, Slop-Focused Data Centres Have Severe Environmental Impact
Links for the day
SLAPP Censorship - Part 197 Out of 200: Garrett Became So Poor That He Wants Others (in Another Continent) to Pay for His Own Legal Work Being Faulty
They lie to courts
The Register MS Has Become a Slopfest
This is the behaviour of a perishing publisher
Gemini Links 24/09/2026: Requiem for a Season, Philosophy, Rube-Goldberg Machine, ROOPHLOCH 2026, and Git over Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 23, 2026
IRC logs for Wednesday, September 23, 2026