Bonum Certa Men Certa

European Patent Law is Being Abducted by Big Business and Patent Lawyers

Car vandalism



Summary: Europe may lose its advantage (for software developers) if it loses its sovereignty to hostile interest groups which strive to loot the continent using lawsuits

SLASHDOT has this interesting new entry citing some American press [1, 2] and quoting Foxconn's founder as saying: "I worry America has too many lawyers. I don't want to spend time having people sue me every day."



Richard Stallman had the foresight to tell Europe that by rejecting software patents it will position itself favourably. European developers who don't work for multinationals such as Microsoft (money talks) understand this because it takes very fundamental logic to grasp. Europe can leave US-based companies to fight among themselves, whereas Europe will serve as somewhat of a haven sheltering innovative minds that make good software. Nothing good ever comes out of lawsuits over software patents.

“Nothing good ever comes out of lawsuits over software patents.”The FFII suspects that there is a "power struggle between Council and Commission" in Europe, involving Jose Manuel Barroso of course. Obligatory attendance does not sound quite right. We have already explained how the Commission in Brussels did more harm than good sometimes, at least regarding software patents.

The Belgian EU presidency (lobbied by Microsoft's pressure group Association for Competitive Technology) seems to have a hand in the problems. As Axel H. Horns put it:

In an earlier posting I had reported that, on the first day of the Belgian EU Presidency, the EU Commission had published a Proposal for a Council Regulation (EU) on the translation arrangements for the European Union patent. This Document suggests to require human quality translations of EU patents only in case of a dispute. Otherwise, machine translations are deemed to be sufficient for informing the general public.


This is just shameful. Whose hands are in it? It gets even worse. "Usually patent offices set the agenda, not business," wrote the FFII, citing the IAM crowd, which is a subscribers-only platform (lawyers' echo chamber).

This system is seemingly being hijacked by those who want to exploit it for personal profitability. The patent system is supposed to be focused on other goals, but it is being changed while it's self-deluded.

Last week we showed the Advocates General saying that the current pan-European patent court proposal would violate the principles of some of the EU’s founding treaties. It's still a struggle between business and between public servants who are sometimes elected by the public. The Register has the following take from UK patent attorneys:

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 violates 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.


That's just appalling. Since when are lawyers (not elected officials with a legal background) determining the laws such that they increase their own profits? This is just cronyism. Lawyers are a big part of the problem here. Greed is an enemy of research and development.

In other news, WIPO transparency is said to be "threatened". Was there ever transparency at all?

WIPO held its annual Program and Budget Committee meeting last week. The Committee discussed ways that it might better make its meetings and documents available in multiple languages. WIPO operates in Arabic, Chinese, English, French, Russian and Spanish, and also Portuguese under specific conditions.


WIPO is designed to help oppressors maintain their power. It markets itself as defender of "innovation" rather than defender of gatekeepers. It was never particularly receptive to the needs of developing nations, much like the WTO. The world needs less regulation of this kind because it impedes the sharing that's crucial for science to thrive everywhere.

Recent Techrights' Posts

Patriotism is OK, But We Need Facts and Reason, Not Blind Obedience to Authority
Very seldom in the history of human civilisation has groupthink proven to be of real merit
Gemini Links 16/06/2024: Hand Held Maneuvering Unit and Hugo Static Files
Links for the day
Removing the Tumour From IRC
looking back
Windows Sinking Below 13% Market Share in the Island of Jamaica
Microsoft's decline continues and will mostly likely continue indefinitely in Jamaica and its neighbours
 
Letting Microsoft systemd Manage /home Was a Terrible Idea All Along
systemd-tmpfiles, deleting /home
When You Touch One of Us You Touch All of Us
We have a principled, uncompromising stance on this matter
Links 16/06/2024: New Sanctions Against Russia, Fentanylware (TikTok) Causing More Problems
Links for the day
Social Control Media in Japan: Twitter (X) Has Collapsed, YouTube Rising (Apparently)
What a genius Mr. Musk is!
Windows Cleansed in South Africa (Already Hovering Around 10% Market Share)
Plus Microsoft's mass layoffs in Africa
[Meme] Satya Nadella's Windows PC RECALLS Not What He Did
Satya got lucky
Usage of Let's Encrypt in Geminispace Has Collapsed (That's a Good Thing!)
Ideally, or eventually, all capsules will sign their own certificates or have their own CA
North Macedonia: Windows Down From 99.2% to 28.5%
Last year it was even measured at 26%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 15, 2024
IRC logs for Saturday, June 15, 2024
[Meme] The Free(dom) Software Engineer in European Elections
“When the debate is lost, slander becomes the tool of the loser.”
Vista 11 Was 'Leaked' Exactly 3 Years Ago and This One Picture Says It All
how 'well' Vista 11 has done
A Smokescreen for Brad Smith
Maybe the key point was to say "Linux is not secure either" or "Windows and Linux are equally vulnerable", so don't bother dumping Microsoft
Links 15/06/2024: Microsoft's Intellectual Ventures Attacks Kubernetes With Software Patents, More Layoff Waves
Links for the day
Gemini Links 15/06/2024: On Lagrange and on YouTube Getting Worse
Links for the day
Edward Brocklesby: hacker received advance notice of zero-day vulnerabilities in MH and NMH email software
Reprinted with permission from Daniel Pocock
[Meme] Code Liberates Kids
Matthias Kirschner: I can't code, but I can write a book
In Armenia, Bing is Measured at 0.6%, About Ten Times Less Than Yandex
Bing will probably get mothballed in the coming years
[Meme] A Pack and Pact (Collusion Against Computer Users)
They never really cared about users, no more than drug dealers care about drug users...
GNU/Linux in Azerbaijan: From ~0.1% to 7%
Azerbaijan is around the same size as Portugal
Women in Free Software (FOSS) Need Action, Not Mere Words
the men who are loudest about women's rights are some of the very worst offenders
Embrace, Extend, Extinguish Minecraft
These folks should check out Minetest
Techrights Statement on Men Who Viciously Attack Women in Free Software
history shows women will win
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 14, 2024
IRC logs for Friday, June 14, 2024
[Meme] People Who Cannot Find Gainful Employment Because of Their Poor Behaviour Online (Not the People Who Merely Call Them Out on It)
Imagine trying to become a lecturer while talking like this in public
You Too Would Get Nervous
countries where Windows is down to 2%
[Meme] The Two Phases (and Faces) of Microsofters
Microsofters: stalk IRC, then troll IRC
The 'Nobody Reads Techrights Anyway' Crowd
Send In the Clowns
Books in the Making
I intend to spend a considerable amount of time explaining what my family and I were subjected to for the 'crime' of promoting/covering Free software
Microsoft is Still Losing Malta
And GNU/Linux is doing well on laptops and desktops
Tux Machines: Third Party Impending
There will be more next week
Links 14/06/2024: Microsoft Layoffs in the News Again, East-West Conflict/Tensions Update
Links for the day
Links 14/06/2024: Comments on the Death of Email and Lagrange Commentary
Links for the day
Dutch Government Appoints Microsofters to Combat "OSS Fetishism"
What corruption looks like
Microsoft's Collapse in Africa and Shutdown of Entire 'Development Centre'
Unlike what Microsoft claimed in face-saving statements
[Meme] Not Your Typical IRC Troll and Harasser
I say, let's punch nazis...
GNU/Linux's Journey in Qatar: From 0.1% to Over 3%
Windows is no longer an important contender there
Secret Contracts and Corpses
The media pretends it's just some generic "IT" issue, but it is not
Bing Has Run Out of Time and Microsoft Might Dismantle It (Save a Financial Miracle)
How much more of investors' money is Microsoft willing to throw in the trash?
Statement on Antisemitism in Our IRC Network and in Social Control Media
In an ideal world nobody would have to be banned from IRC
Gemini Links 14/06/2024: Ads vs. Content, Why Aliases Are Har
Links for the day
Vista 11 Has Fallen in Switzerland, a Country That is More Microsoft Friendly Than Most of Europe
GNU/Linux rose to its highest level there in almost half a decade
Microsoft is Dying in Africa
Based on the Central African Republic, which "is around the same size as France"
[Meme] Microsoft in Africa
Are you telling me Windows is now down to 1% 'market share' in some countries?
Management of the European Patent Office Misleads Staff on Views of the Office's Staff Committee
The EPO as a workplace very rapidly deteriorates
[Meme] Newer is Worse
"They say those are New Ways of Working (NWoW); New does not mean better, it is worse"
Microsoft Needs to be Banned From Contracts, Including Government Contracts, Not Just for Security Failings But for Criminal Negligence, Corruption, and Fatal Cover-ups
How many deaths will it take for Microsoft to face real, effective scrutiny rather than kid gloves treatment?
Links 14/06/2024: Violence, Famines, and Montana Has More Cows Than People
Links for the day
Microsoft Telecom Layoffs, Facebook Layoffs in Africa: A Month After Microsoft's Mass Layoffs in Lagos (Nigeria) Facebook/Meta Does the Same and Microsoft is Now Retreating and Quitting an Entire Sector! (Affirmed Networks and Metaswitch)
Disasters in the making for GAFAM. Money down the drain.
Papua New Guinea: GNU/Linux Growing, Windows Down Below 15%
it seems indisputable there's headway and momentum
"Planets" Cannot Replace Social Control Media, They're Very Much Akin to It (Censorship Hubs, Gatekeepers)
Don't be subjected to gaslighting; make your own OPML file
Topics That Truly Irritate and Consistently Infuriate the Microsofters (Whenever We Cover These)
Censoring uncomfortable information is a difficult activity that has its limits, even in Reddit
Honduras: Vista 11 Down, GNU/Linux Up
Valve sees GNU/Linux as bigger than Apple's MacOS
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 13, 2024
IRC logs for Thursday, June 13, 2024
LibrePlanet 2024 and the Lost Video/Audio of Talks
After the event was over someone informed us that due to technical issues they had lost (or failed to acquire) recordings of the talks
Choosing Between Options to Outsource to Evades the Best Solution (Self-Hosting)
Most users don't need this sort of complexity
IBM Layoffs at Kyndryl
This can soon spill over to Red Hat
Turkmenistan: GNU/Linux Leaps Past 5% This Month?
This is how statCounter sees it
Watch This Space
what matters most is not the volume or quantity of publications but their underlying depth and quality