Bonum Certa Men Certa

European Court of Justice Advocates General Says Pan-EU Patent Court Would Violate the Principles of EU Founding Treaties

European flags



Summary: An expansion on the words of those who deny access of software patents into Europe; an update on barriers to Microsoft's RAND pushers (also software patents in the EU)

The subject of software patents in Europe is still a hot one because a centralised patent court may in fact enable significant changes to existing laws. Last month we wrote about the Advocates General rejecting an infamous patent court and this fine British site which offers legal analyses has more to say about that:



The European Court of Justice should reject the opinion of its advisors and put pragmatic economics ahead of legal technicalities and approve a pan-EU patent court, the UK patent attorneys' trade body has said.

Advocates General of the European Court of Justice (ECJ) said in an opinion that the current proposal for a pan-European patent court violate the principles of some of the EU's founding treaties.

But the Chartered Institute for Patent Attorneys (CIPA) has said that when making its final ruling the ECJ should make its decision in the light of the benefits such a court would bring to business.


This helps ensure that under the current scheme there will be too many barriers and laws may remain unchanged, at least for now. In particular, note-worthy is the interpretation that the current proposal would "violate the principles of some of the EU's founding treaties."

“Using lobbyists like Mr. Zuck, Microsoft has been pushing for the central court for several years.”That is exactly what some people/groups have been saying, at times also the FFII. For the Advocates General to suggest this is considerably important as it can be used as ammunition to shoot down future attempts of this kind.

Using lobbyists like Mr. Zuck, Microsoft has been pushing for the central court for several years. So far it has not been successful. Microsoft's Zuck is also one of the RAND proponents which we mentioned last week (these include Microsoft Florian). Glyn Moody, a Brit, helps explain why RAND is both unreasonable and discriminatory. It works against software freedom.

There are two main options: Royalty Free (RF) and Fair, Reasonable and Non-Discriminatory (FRAND). The former does what it says on the tin: it means that there is nothing to pay, and people are granted a licence so that they can simply use the technology that somebody claims they patented without further ado. FRAND is more subtle.

At first blush, Fair, Reasonable and Non-Discriminatory sounds great. After all, how could anyone argue with something that promises to be fair and reasonable? The trouble with a FRAND licence is that it can indeed by eminently reasonable and eminently non-discriminatory, but if it is non-zero - even if it is extremely small - it is useless for free software licences.

The problem is that even a tiny licence fee, if levied on a per-copy basis, is impossible for free software because of the way it is distributed. There is simply no way to know how many copies may be shared, and hence no way to collect all those eminently reasonable and non-discriminatory licence fees.

This means that any standard that adopts FRAND licensing automatically excludes free software; the corollary is that for a standard to be truly open - that is, open for all to use, not just those able to count and pay for copies - it must adopt royalty-free licensing (as the World Wide Web Consortium does).


There is nothing too new in the analysis above, but it's an up-to-date overview for those who are not familiar with RAND and do not understand that the acronym is deceiving (like PATRIOT) in the sense that it means the very opposite of what it stands for.

Recent Techrights' Posts

Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
 
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026
Gemini Links 23/08/2026: Turning 60, PineTime, and Simulation Hypothesis
Links for the day
Will Your "Modern" New Car Still be on the Road in 2060?
Are people now expected to change a car as often as they replace a mobile phone and, if so, how fast would costs add up?
The Sniff Test
Be sceptical of "CoCs"
Cloudflare Sees a Quarter of Requests in China Coming From GNU/Linux Today
Will 23% ever be the average for GNU/Linux rather than a mere peak?
You Can Lose Some Battles and Still Win the War
Winning or losing isn't something for a scoreboard
GNU/Linux Usage Measured at 23% in Russia Today
the average was almost 10%
Things Not to Fear Missing Out on
Life is too short to pay attention to social control media
Gemini Links 23/08/2026: Exercising Again, Tackling Phone Addiction, and Putting Graal Online Back Online
Links for the day
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day
Links 22/08/2026: Prince Harry, Elton John and Others Pay High Price for Frivolous Litigation in the UK
Links for the day
'Voluntary' Mass Layoffs at IBM/Red Hat
IBM does not want people to notice what truly goes on there
Another Round of GAFAM Layoffs, This Time Apple
Now Apple "is shutting down an entire Vision Pro team focused on developing gaming features for the mixed-reality headset."
Gemini Links 22/08/2026: The Bodyguard (1992), Minimalism, Backups, and IPFS
Links for the day
SLAPP Censorship - Part 158 Out of 200: Making Alliances With Men Arrested for Strangling Women Was Always a Terrible Strategy
They work for American slop companies
Links 22/08/2026: TikTok Settles With Feds, Harms Caused by Social Control Media Gaining Attention
Links for the day
New Data Shows Microsoft's XBox is Really Dying
XBox is a "burning platform"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 21, 2026
IRC logs for Friday, August 21, 2026