Bonum Certa Men Certa

McCreevy's Successors Are Getting Their Way With Software Patents in Europe

"The theme, or the background music, to both of these particular directives you could see as part of, anti-globalisation, anti-Americanism, anti-big business protests --- in lots of senses, anti-the opening up of markets."

--Charlie McCreevy



Summary: Barnier and van Quickenborne step forward with a bad plan by excluding Italy

FOR THOSE who are new to the antics of Charlie McCreevy, this is the person who for several years threatened to create a route which would facilitate patenting of software in Europe. McCreevy failed despite daemonisation of his critics, but the same old proposals kept renaming themselves and they fell into the hands of people equally dangerous, to whom ruining Europe's advantage when it comes to patents seemed like a goal. Barnier et al. [1, 2, 3] did some of the work and Vincent van Quickenborne, who kept ignoring the problems (at times even citing Microsoft lobbyists from the United States) was also a big pusher for the McCreevy agenda [1, 2, 3, 4]. Now they call it "EU patent" and Microsoft has been lobbying very hard for it. To Microsoft, the return on investment is huge even if they can just alter a few words. Microsoft seems to be in the process of becoming a patent troll, so it wants its patents to be valid in Europe.



On Friday there was a disturbing new development because a Council Meeting sought to exclude opposition by excluding entire countries as we will show later in the post. Financial blackmail was also considered as an option by some.

After it turned out in the extraordinary Competitiveness Council meeting of 10 November 2010 that, due to the controversy regarding a commonly accepted language regime, "there will never be unamity on a EU patent" (see this post and the press conference of Mr Vincent Van Quickenborne), the "willing" EU member states intensified the discussion on (and apparently their efforts towards) an enhanced co-operation, i.e. an EU legislative agreement among a small group of EU members to launch a diminished EU patent based on the 'Munich' three languages system, as proposed by the European Commission on 30 June 2010.

[...]

Anyway. It is expected that Frenchman Michel Barnier, the EU commissioner for internal market and services, will present a proposal to the Competitiveness Council on the next meeting, which Mr Van Quickenborne expects to be "decisive on the single EU Patent" in a recent tweet.


Why is he trying to become an enemy of software in the EU? It's not even about software freedom, it's about the interests of all software developers who reside in Europe. The EU Council Press also attributes this to Vincent van Quickenborne:

Competitiveness #EUCouncil tomorrow chaired by @VincentVQ to discuss #EU patent http://bit.ly/g1M0wG cc @EPOorg


Unlike what this headline may suggest, it's not final, but it sure seems like countries are being pressured to comply with bad ideas.

So far there are 10. At least nine EU countries were needed to make an end-run around Italy to create a united patent and protect the design of products sold across their borders.


"Spain's veto on EU patent" is also being treated as a nuisance rather than an opportunity to understand the real situation.

Ten European Union countries have formally asked to create a common patent regime after Italy and Spain blocked attempts to introduce an EU-wide system, EU market regulation commissioner Michel Barnier said Wednesday.

'I have received a letter from 10 states,' Barnier said, mentioning Denmark, Estonia, Finland, France, Germany, Lithuania, Luxembourg, the Netherlands, Slovenia and Sweden.

The group wants to start a so-called 'enhanced cooperation' - the practice which allows a minimum of nine EU countries to go pursue a common initiative even if not all others want to take part in it.


They are trying to humiliate and shame countries into it.

More here:

Ten member states have sent an official formal request to Internal Market Commissioner Michel Barnier calling for enhanced cooperation on the creation of an EU patent. France, Denmark, Estonia, Finland, Germany, Lithuania, Luxembourg, the Netherlands, Slovenia and Sweden requested that the EU executive submit to the Council a proposal for the establishment of such cooperation under the terms of Article 329 TFEU with regard to the creation a Community patent protection covering the territories of participating member states.


As the president of the FFII put it

Barnier also promised there would be 'no discrimination for any business' filing for patent protection (a lie) http://ur1.ca/2jnby


Vincent van Quickenborne is just excited to do this harm in defense of which he cites Microsoft lobbyists. "11 countries signed the letter for enhanced cooperation. SWE NL FI DK LT FR EE SL DE LUX UK," he wrote. The EU Council Press seems to just be a booster of it as it calls it a "cherry on the cake":

.@VincentVQ on #EUpatent: "Today's result is the cherry on the cake of the Belgian Presidency of the #EU #Council" #eutriobe


Here is one summary from the FFII (no formal response yet because it has been a weekend):

Ten member states have sent an official formal request to Internal Market Commissioner Michel Barnier calling for enhanced cooperation on the creation of an EU patent.


Here is the only response we've found from FFII so far and a response from lawyers who profit from legal chaos (Falk Metzler, for example, with a press release).

@Keinpatent got #EPO #patent on tomato and broccoli dropped! Congrats


FSFE links to a WIPO study and says: "no robust empirical evidence that stronger patent rights stimulate growth", sez #WIPO study http://ur1.ca/2j474 [PDF] Times a'changing?"

If that's the case, why is Europe strengthening patents by expanding their scope? It makes no sense.

Recent Techrights' Posts

Links 26/10/2025: Microsoft Spies on Gamers, Open Transport Community Conference
Links for the day
Links 26/10/2025: LLM Slop / Plagiarism Programs Continue to Disappoint, CISA Layoffs Threaten Systems
Links for the day
Gemini Links 26/10/2025: Gemsync and Joining the Small Web
Links for the day
India.com a Click-baiting, SEO-Spamming, Slopfarming Heap
They do this almost every day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 25, 2025
IRC logs for Saturday, October 25, 2025
Without XBox Consoles, XBox is No More, It's Just a Brand (More Rumours of Microsoft Ending XBox, Then Laying Off Lots of Staff)
All signs indicate that Microsoft wants to "exit" the XBox business (not brand), but it does not want to publicly admit this as it would alarm staff and shareholders
Gemini Links 25/10/2025: Portugal, Midnightpub, and "Tech Right Admins"
Links for the day
Almost 2026 Already (When We Turn Twenty)
In just over a year the site will turn 20
When "Sponsored Feature" in The Register MS Means Ponzi Scheme Promotion From the Communist Party of China (CPC)
the promotion of a financial scam
Week of EPO Leaks: Workers of the EPO Are Getting a Pay Cut While Prices Rise Fast
More to come in the next few days
Microsoft is Finally Giving Up on XBox, The Chief Says the Grapes Are Sour Anyway
Microsoft loses hundreds of dollars on each XBox that it sells
Slopwatch: LinuxSecurity, UbuntuPIT, and Various Slopfarms Propped up by Google News
Why can't Google News do better than this?
Links 25/10/2025: Two New Smokescreens for Scam Altman and ‘TikTok USA’ Remains in Limbo
Links for the day
Bad faith: can't change Debian Social Contract (DSC) without unanimous consent of every joint author
Reprinted with permission from Daniel Pocock
Confirmed: Very Close Friend of Bill Gates and Microsoft's Biggest Patent Troll Nathan Myhrvold Flew the Lolita Express (a Gateway to Pedophilia), According to Bill Gates-Sponsored Seattle Times
There is no speculation or any "conspiracy theories" here;' those are verified facts
Gemini Links 25/10/2025: "The Highest Leader of The Global Civil Society Community", SSL Certificates Causing Bitrot
Links for the day
Links 25/10/2025: Target Layoffs and "Shutdown Sparks 85% Increase in US Government Cyberattacks"
Links for the day
"Big Data" Was a Big Lie
Remember "Big Data"? Remember "Data Scientists"...?
statCounter Has Been Broken for a Long Time
Considering the huge proportion of Web requests that come from LLM bots (more so this past year or two), statCounter may struggle to justify the operating costs
Techrights Anniversary Party on November 7th
Let us know if you need any accommodation-related arrangements
Trends That Must Alarm Microsoft and Mozilla
Expect Firefox to no longer be supported by various sites in the US
Why Microsoft Became the Layoffs Leader
The corporate media is projecting or signalling its own dishonesty when it tells us that Microsoft is a very "valuable" company while the data shows Microsoft is also a "market leader" in layoffs
Speaking for Ourselves and Letting the Facts Speak for Themselves
we've already published over 50,000 pages
For Second Time in a Day The Register MS Takes Money From Private Companies to Sell a Ponzi Scheme
Do not have empathy for those who have zero empathy towards you
IBM is Misleading IBM Shareholders
IBM is still all about vapourware and buzzwords
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 24, 2025
IRC logs for Friday, October 24, 2025
The Serial Slopper Starts Up - or Restarts - His Plagiarism Machine (LLMs)
Serial Sloppers like these don't belong in news sites. That's why he got sacked by BetaNews.
Links 24/10/2025: Esperanto Music History, Anxiety, and New Portals
Links for the day
[Video] Richard Stallman's Talk in Sweden, Attended by Nearly 700 People, is Now Online
The Web page is in Swedish, but the talk is in English
Slopwatch: LinuxSecurity.com, Linux Journal, and Pet Slopfarms of Google News
Why does Google News still advance these fake sites to the top of search results?
Links 24/10/2025: Inequality Grows, Billion-Dollar Scam Center Industry
Links for the day
Links 24/10/2025: "Independent Media in Cambodia is Collapsing" and Serious F5 Breach
Links for the day
Coping With the Site Going More Mainstream
Fame is no laughing matter
They Never 'Put Down' Corporations
There are "pests" that are traded in Wall Street
21 Pages in Less Than 7 Hours is No Joking Matter
We've become a lot more effective and efficient
Correct Information is a Valued Asset in the Age of Slopfarms and Public Relations (PR) or Spin
Publishing suppressed facts is never easy
The Register MS Continues to Bag Money to Promote a Ponzi Scheme, Even Money From China
Today in the front page
analytics.usa.gov: The Only Supported Version of Windows (This Past Week) is Only Used by About 13.9% of People in the US, the Home Base of Windows
Even Vista 7 is still used more
Rust is Very Secure
If only Rust itself is secure
Who Will be Held Accountable for Breaking Ubuntu by Imposing Rust on Otherwise-Functional Programs, in Effect Replacing GNU With Proprietary Microsoft (GitHub)?
they're practical people who merely point out that a bunch of buffoons not only ruin Ubuntu but also every future distro based on Ubuntu
Generation Chaff - Phase VIII: In Summary
Like "Science" with a capital "S", what we see here commercial interests usurping everything
Generation Chaff - Phase VII: Curtailing Alternative Media
There was always an obligation - a collective duty of sorts - to uphold independent journalism
Generation Chaff - Phase VI: Centralisation of Information (X, Cheetok/Fentanylware)
Would you trust information when controlled by such people?
Generation Chaff - Phase V: Censorship of Dissent (Painted as Harassment or Terrorism)
Censorship is all around us now
Generation Chaff - Phase IV: Apps Only Few Companies Decide On
Tools are being collectively confiscated, under the premise or false prospect of "security"
Generation Chaff - Phase III: Slop and Plagiarism
A lot of the current so-called 'economy' is built upon false valuations
Generation Chaff - Phase II: "Cloud", Blockchains and Other Hype
For those of us who turned down those propositions there was a struggle; we needed to justify not having skinnerboxes or "social" accounts in some site run by a private company
Generation Chaff - Phase I: Social Control Media
IRC predates the Web
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 23, 2025
IRC logs for Thursday, October 23, 2025
More Clues Shed on Collapse of Microsoft XBox
XBox is basically circling down the drain as Microsoft implements 2-3 waves of layoffs each month
'Vibe Coding' Doesn't Work
In a lot of ways, so-called 'Vibe Coding' is already considered vapourware or a passing fad promoted in the media by managers who try to justify mass layoffs, especially ridding companies of "very expensive" software engineers
Links 24/10/2025: Microsoft's Killing of XBox Connected to Revenue/Profit Problems, "How Elon Musk Ruined Twitter"
Links for the day
Gemini Links 24/10/2025: 86,400 Seconds and "Society's Task"
Links for the day