Bonum Certa Men Certa

Europe Under Threat From Software Patents Through the Back Door, Warns FSF Founder

Stallman lectures



Summary: Richard Stallman further validates the FFII's warning that Europe is besieged by the same forces who sought to legalise software patents in the whole EU just over half a decade ago

LAST year we warned that Amazon was trying to flush its software patents down the EPO's throat. Benjamin Henrion warns that "Amazon one-click patentable in Europe, EPO says add a computer and it will become patentable," based on this blog post:



Amazon’s so called “One-Click Patent” is one of the most controversially discussed software inventions ever. The term, which nowadays is used as a cipher for a prototypical business method patent, was originally coined for US 5,960,411 titled “method and system for placing a purchase order via a communications network” (filed 12 Sep 2007, granted 28 Sep 1999; pdf), which has been enforced against competitor Barnes & Noble and licensed to Apple.

The respective teaching enables easy Internet shopping in that a customer visits a website, enters address and payment information and is associated with an identifier stored in a “cookie” in his client computer. A server is then able to recognize the client by the cookie and to retrieve purchasing information related to the customer, who thus can buy an item with a “single click”.


Europe is in a limbo and even hours ago people complained about it:

Read this patent GRANTED in Europe t.co/aaGAtfa then read this t.co/BxK8stq for more crappy #swpats


Richard Stallman has emerged from his more political commentary and contributed this article which warns about the "unitary patent" -- the latest among many euphemisms used to silently push a pro-software patents agenda. To quote Stallman:

Just as the US software industry is experiencing the long-anticipated all-out software patent wars, the European Union has a plan to follow the same course. When the Hargreaves report urged the UK to avoid software patents, the UK government had already approved a plan that is likely to impose them.

Software patents are dangerous to software developers because they impose monopolies on software ideas. It is not feasible or safe to develop non-trivial software if you must thread a maze of patents. (See Patent absurdity, Guardian, 20 June 2005.)

Every program combines many ideas; a large program implements thousands of them. Google recently estimated there might be 250,000 patented ideas in a smartphone. I find that figure plausible, because in 2004 I estimated that the GNU/Linux operating system implemented around 100,000 actually patented ideas. (Linux, the kernel, had been found by Dan Ravicher to contain 283 such ideas, and was estimated to be 25% of the whole system at the time.)

[...]

The volunteer activists drifted away, thinking the battle won, but the corporate lobbyists for software patents were paid to stay on the job. Now they have contrived another sneaky method: the "unitary patent" system proposed for the EU. Under this system, if the European Patent Office issues a patent, it will automatically be valid in every participating country, which in this case means all of the EU except for Spain and Italy.


European patent lawyers are obviously unhappy about Stallman's article. As Stallman warns about lobbying those aim is to get software patents approved in Europe, European patent lawyers label his allegation a "conspiracy theory" -- a term whose usage we explained before.

This cheapening of Stallman's views (which reached a lot of people through The Guardian, plus the "Slashdot effect") actually comes from the group which is typically polite, German patent people like Falk Metzler (here is his latest agenda-pushing) and Axel H. Horns, who gets into an argument (after calling Stallman's argument "conspiracy theory) with the FFII. He, along with pro-Microsoft lobbyist (Florian Müller), writes pro-software patents rhetoric and adds in relation to the "unitary patent" that:

On July 10, 2010, I had reported on the planned Organisation of work on the patent reform under the Polish Presidency. Now, as we still are within the summer recess period where nothing appears to move forward there might be a little stretch of time to contemplate as to how things might move on during next fall.

There is a recent precedent of successful adoption of enhanced co-operation in the EU: As we can learn from Wikipedia, with the rise in cross border divorce in the EU, common rules were put forward to settle the issue of where trans-national couples can divorce in the EU. However Sweden was blocking the new rules, fearing the loss of its liberal divorce law (divorce law differs strongly, with Nordic liberalism being in contrast to more conservative countries such as Malta which – until recently – did not even allow it). In order to allow those willing states to proceed without Sweden, in July 2008 nine countries put forward a proposal to use enhanced co-operation. At a meeting of the justice ministers on July 25, 2008, the nine states decided to formally seek the measure of enhanced cooperation; eight states formally requested it from the European Commission on 28 July 2008.


This is an interesting analysis (the author is typically informative), but why potray a so-called 'unity' patent as a good thing like peace-making? It's not. All it does is, it increases damages in European industries and raises the frequency/impact of litigation, which helps the likes of the author, not real producers.

To give a very recent example of the toxic effects of US monopolies inside Europe, consider the Apple embargogate [1, 2, 3] , which fortunately turned out to be just an Apple scam that ended badly for Apple. To quote:

Apple faces a turnover of the Samsung injunction and iPad 3 may be delayed with screen supply problems

It was a black Wednesday for Apple. Samsung managed to overturn the European Union ban on sales of its flagship tablet, an action prosecuted by Apple, and the iPad 3 launch was “put back” because of technical problems.

Added to the news that if Google’s bid for Motorola Mobile goes through, Apple will lose some of its patents litigation power because of its reliance on Motorola technologies, it is probably not a good time to be in the Cupertino company’s boardroom.


Here is more about Apple lying to the court using fake 'evidence' to impose an EU-wise embargo of Linux-based products from Samsung. It is theorised that Samsung might buy WebOS from HP, but based on hirings, Samsung will stay with Android/Bada and distribute that without qualm all around Europe, although quite likely with a Microsoft tax. Samsung is one of the top patentors in Europe.

Recent Techrights' Posts

IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
 
"AI" 15 Times in Short 'Article' From The Register MS. And The Register MS Got Paid to Publish It.
gets paid to do this
People Who Decided to Boycott Novell Over Its Microsoft Alliance Should Also Boycott Canonical
As an associate put it, "selling out further, due to Microsoft moles inside Canonical"
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day
SLAPP Censorship - Part 15 Out of 200: Background and Particulars of Truth Regarding Techrights and Tux Machines
the basic facts (this has aged well, except the times/ages/numbers)
A Slopfarms Survey for Today (linuxteck.com, linuxsecurity.com, linuxjournal.com)
Not only did Google news link to a slopfarm; it linked to three run by the same team!
Links 18/03/2026: "Venture Capitalist Warns That It’s All About to Come Crashing Down" Due to Slop Bubble, "Birdwatching for Fun and no Profit"
Links for the day
IBM Red Hat is Still Promoting Restricted Boot Which Restricts Users' Control Over Their Computers
Red Hat under IBM is a total catastrophe
Arvind Says... Something Something "Hey Hi" (the State of Today's Media)
Look for news about IBM and most likely it'll boil down to some sound bites from an executive and nothing else
New Post Has Just Explained How IBM Gets Robbed by the People Who Fail IBM
Their plan for IBM is a personal plan
Slop-Spewing GAFAM LLM That Knows Nothing and Understands Nothing, It's a Stochastic Parrot That Cannot Even Figure Out Tux Machines is a Community That Started in Tennessee 22 Years Ago
RMS rightly calls those things "bullshit generators"
Cusdeb Makes New Presentation About Where GNU Hurd (Still a Possible Linux Replacement) Stands in 2026
coming from a generally RMS-friendly account
Gemini Links 18/03/2026: Librarians, Phone Anxiety, Growing 'Small' Net, and Slop Versus Software Engineering
Links for the day
Estimates That IBM to Lay Off Close to 10,000 Workers in 2026 (Not Counting People Pushed Out)
There's still chatter about Confluent mass layoffs
Smug Threat by Garrett to Put My Family and I in Prison Doesn't Prove We Did Anything Wrong, It Only Proves He's Truly Desperate to Stop Further Publications That Embarrass Him
his reputation is poor in the United States
systemd Increasingly Microsoft Project, Controlled by Microsoft and Slopware
Cannot allow choice
What IBM Meant to Red Hat: "Proprietary Bundling, Restricted Source Access"
Anyone or anything that joins IBM likely shortens its lifespan
IBM Thrashing Confluent Upon Arrival, Based on Rumours
We deem it a bigger issue that investigative journalism perished, not that one must rely on hearsay online or mere "rumours"
Slop Is Plagiarism, Not (Vibe) Coding, and It's Not Automated, It Doesn't Save Money
Reject misnomers, explain what's actually happening
UPC is Still Illegal and Unconstitutional (Kangaroo Court for Patents, Manned by Corporate Staff), Federal Court of Justice of Germany Receives Belated Complaint About It
What is happening to Europe???
EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
The SUEPO The Hague Committee wrote to staff this morning
Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
A Step Close to Shutting Down the European Patent Office (EPO)
Not going to work all month long
EPO Staff Demonstration Today
The demonstration will be live-streamed for those thousands of colleagues who don't live in Munich
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026
Microsofters' SLAPP Censorship - Part 14 Out of 200: Men Who Strangle Women (and Worse) Trying to Force Us to Write Public Apologies to These Men
For those who never before saw a SLAPP, they basically make many demands
Instant Bluewashing at Confluent: Mass Layoffs Alleged at IBM
So the main question is, did IBM just fire 800 people?
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026