Bonum Certa Men Certa

Europe to Push for Unitary Patent (Software Patents Loophole) at 7 PM CET Tonight

Lawyers in government against citizens' will

Flag of Europe



Summary: Urgent call to contact politicians regarding the Unitary Patent and its consequences; reminder of the reality of lawyers' influence

NOW that it's almost 3 PM (CET) it's probably a good time to address a very important subject. Central Europe is currently not allowing software patents, but large corporations are trying to change that. This impacts me professionally and it impacts many others.



Richard Stallman, the father of Free (as in freedom) software, warned about allowing Europe to give a go-ahead to software patents, saying it would eliminate the current advantage European developers have over their counterparts across the Atlantic. He also suggested eliminating litigation over software patents in the US, as covered by a site he helped fund (through the FSF):

Another approach to ending the problems of software patents would be a law saying, as Richard Stallman puts it, "that developing, distributing, or running a program on generally used computing hardware does not constitute patent infringement."


Stallman's piece in the Wired series had major impact, which we last showed when talking about forums on software patents getting stacked by lawyers and law professors. They're everywhere in these debates because they're prominent in politics and they hang around where they can make money at other people's expense.

Speaking of events about software patents, here is one. On Friday there was this conference:

Preview of Our "Solutions to the Software Patent Problem" Conference



On Friday, we're having our big academic conference of the semester, "Solutions to the Software Patent Problem." At the conference, experts will propose their ideas of how to fix software patents. Ultimately, we hope there will be enough enthusiasm among the participants to coalesce around one or more proposals and see if we can actually make progress.

In preparation for the conference, we held a "preview" for the students so that they would understand the conference background better. Without previews like this, students often don't get as much out of the conference because so much of the discussion goes over their heads. Colleen Chien was supposed to do the preview but she had a major conflict, so I stepped in. Below, I've included my talk notes. If you're really interested, I've also posted the audio from the talk. I hope to see you on Friday!


This is a conference dealing with software patents, but it is stacked mostly by "law" people (i.e. lawyers). Groklaw wrote:



I'm so happy to tell you that tomorrow's conference on what to do about software patents, Solutions to the Software Patents Problem, at the Santa Clara Law's High Tech Law Institute will be live streamed for those of us who can't make it in person.

I confess I begged for this, because I know a lot of you are seriously interested in this topic but can't make it there. So thank you Santa Clara Law. Here's where you go tomorrow, and it runs all day from 8:50 am to 5:30 pm Pacific time, minus one talk at 9 AM.


To be fair, it was not just a parade of lawyers. This one particular event had notable speakers who are against patents, so unlike some conferences, it was not just law people speaking among themselves. Here is TechDirt:

Patent Office, Perhaps Forgetting What Year It Is, Locks Down Mobile App Development Platforms



I'm spending today at a conference at Santa Clara University's Law school on Solutions to the Software Patent Problem. It seems only fitting that as this is happening, I've been alerted to a completely ridiculous new patent: Appsbar has put out a press release gleefully announcing that it's been granted a patent on offering a "create your own mobile app" development platform. Stunningly, the patent in question, 8,261,231, was just applied for in February of this year. I'm at a loss as to how a competent patent examiner could possibly think that a mobile app development platform is somehow new or non-obvious in this day and age.


There is more news about the expansion of the patent system to Silicon Valley -- something that ought to be criticised. Rather than shrink the system that issues far too many patents, those in charge let it grow further.

One law professor with an actual background in some science is the latest author in the Wired series on patents. John Duffy describes himself as follows:

John Duffy is a professor at Virginia Law School; prior to that, he was a research professor at George Washington University Law School. Duffy was identified as one of the 25 most influential people in the field of intellectual property by The American Lawyer. He earned his undergraduate degree in physics.


The previous contributor, Andrew Chin, is also a law professor and he writes about his case for keeping abstract patents:

Much criticism of software patents is rightly aimed at the use of abstract claim language to cover a wider range of technology than the patentee invented and disclosed. Mark Lemley, for example, highlights “functional” language in claims as particularly problematic, and proposes in this opinion series that a claimed function be limited to the disclosed “program and ones like it.”

[...]

So the utilities of Bilski’s claimed methods are not amenable to one resource-specific causal account, but many. Bilski’s methods perform their hedging functions whether the market participants’ option values are calculated on my office desktop PC or on the London Science Museum’s Difference Engine, and whether their transactions are completed via telephone or website. A patent examiner could simply cite such an observation in rejecting Bilski’s claims as unpatentable subject matter.

A key advantage of my proposed “concrete causation” standard is its consistency with Supreme Court precedents, which allows the Federal Circuit to introduce it without need for legislation. The universal applicability of this approach conforms to our treaty obligations (to make patents available without discrimination as to the field of technology), suggesting it could become an international norm. The approach also upholds what I’ve identified elsewhere as the patent system’s metaphysical commitment to scientific realism.

By design, this proposal explicitly acknowledges that all of the “useful Arts” confront the common problem of having limited resources. This necessity is, after all, the mother of invention. The patent system exists for those working to do more with less, not for those seeking to corner the market on such efforts through abstract claim drafting.


In Europe too we are left to deal with "legal" folks, whose interests lie not in advancing knowledge but in making a lot of money from it, as if the latter somehow takes priority over the former. April asks people to fight back against the bureaucrats by informing them:

The European Parliament just announced an exceptional meeting of the legal affairs (JURI) committee on Monday November 19th, 2012 at 7pm for the only purpose of discussing the unitary patent package. This new unexpected event in the unitary patent saga is a concern. There is an urgent need to get in touch with the MEPs to let them know about the threats of the unitary patent.


We must really ensure that software patents are kept out of Europe, including the loopholes that let Finnish company Tuxera put a patent tax on Linux and Android. Carla Schroder wrote about it the other day:

Microsoft's creaky old FAT filesystems, FAT16 and FAT32, have long been the de facto standard filesystems for Flash storage devices. They enable portability because FAT is supported on all major operating systems, and they don't have access controls so there are no permissions hassles-- just plug in your device and use it. But despite FAT's age and ubiquity, Microsoft successfully enforced its FAT patents against TomTom in 2009. TomTom agreed to drop FAT32 support from their products, several of which were built on Linux. Microsoft has also gone after Android vendors, such as Motorola, who use FAT.

The legal landscape, as always, is bizarre. Linux can support FAT32 without paying royalties because of an inane technicality: long and short filenames. My fellow old codgers recall the 8.3 DOS filename convention: filenames could be no more than 8 characters long with a 3-character extension. This collided with grownup filesystems that supported longer filenames, which FAT truncated. And that is why something like nicelongfilename.txt would be shortened to nicelo~1.txt.

[...]

Linux users have options, sort of. Tuxera sells a good exFAT driver, but only to OEMs, such as Android vendors. There is a free exfat driver, fuse-exfat, and it is included in several distros. This is built on fuse, filesystem in userspace. I've tested it a bit without problems, but the developers do not have access to any specifications and it's still young, so it has some rough edges. I would not rely on it for syncing a Linux PC with devices that use exFAT, like cameras and smartphones.


There is prior art there, as Linus Torvalds revealed some months ago. Those patents are essentially bunk.

Recent Techrights' Posts

Father of XBox Says What Microsoft Does Not Want to Hear About XBox (They All Know It's Dead)
Microsoft just worried shareholders will find out Sharma is "just a face" and an undertaker
France Needs to Focus on Software Freedom, Not Flags
We need more SIP advocacy!
Combatting Censorship in the "Civilised World": The Media Blackout Surrounding EPO Strikes and Other Large-Scale Actions
We - collectively speaking - cannot afford to keep the Office in the hands of a "Mafia"
EPO Strike Actions and Other Industrial Actions Are Effective When Management Fears the Staff and Staff No Longer Fears Any Managers
'António the unready' should get ready to be ousted
IBM Did Not Fall Because of COBOL Vapourware, IBM Still Collapses Because It's Worthless, Way Overvalued, and Very Likely Cooks the Books
language-to-language conversion (in the context of programming) is nothing new
Quitting Reddit (Social Control Media Controlled by Conde Nast)
There is a new post in Reddit
Links 24/02/2026: Telephone Turns 150, Political News Catchup, and Rearmament
Links for the day
 
Life is Sweeter When Less Means More
People need to think "small", not "big" (as in capital)
Championing a Cause
Probably over 100 million GNU/Linux users on laptops/desktops
Balmoral rape cult & Debian suicide cluster indifference, community
Reprinted with permission from Daniel Pocock
Can Much Longer Can the Financial 'Press' (Pump-n-Dump Megaphone) Cheer for IBM's Accounting Enigma?
IBM has fallen almost 25%
Religious or Not, Consider Quitting Social Control Networks (All of Them) This Season
Lent is a good time to quit addiction such as social control media
Liberating the Self From the Invisible Prison of Plutocrats-Controlled Media and Social Control Media
Can you always see the full picture or does something (someone powerful) obstruct it?
Links 24/02/2026: Drug Cartel Decapitated, Jeffrey Epstein-Connected 'Linux' Foundation Promotes Slop and Buzzwords at MWC Barcelona 2026
Links for the day
2023: Layoffs Are Because of "AI". 2024: Shares Up Owing to "AI". 2025: Shares Recently Fell Due to "AI". 2026 Forbes (Paid by IBM): Shares Falling is Good!
"AI" is smoke and mirrors
Bitcoin: Code of Conduct stifled open source concerns
Reprinted with permission from Daniel Pocock
Slop Boosters and 'Hype Agents' Render Themselves Irrelevant and the General Public Becomes Incredulous Due to "Bros Who Cry Wolf!"
It won't age well
"Half-baked Vibe Code Shipped Full of Errors"
Seems timely after our latest article
Links 24/02/2026: Copyright Litigation Over Anne Frank’s Diary, "Arrogance of Developers"
Links for the day
Another New Low for Solicitors Regulation Authority (SRA): Authorising Slop Disguised as "Legal Advice"
SRA is a lapdog - not a watchdog - of the "litigation industry"
EPO "Cocaine Communication Manager" - Part IV - "Many Jobs Were Given to Spanish Employees for No Related Skills At All"
The EPO's fate might be similar to that of the XBox
Gemini Links 24/02/2026: Hardware Tinkering and Slop Bots Attacking the "Small Web"
Links for the day
IBM is the World Champion at Layoffs and There Are Reportedly More Layoffs in IBM This Month (EU)
IBM fired 60,000 in 1993
Free Software is for Everyone
Young and old, rich and poor etc.
Gemini Links 24/02/2026: Voltage Divider on Slide Rule and Many Raspberry Pi Projects
Links for the day
Asha Sharma "a Palliative Care Doctor Who Slides Xbox Gently Into the Night"
2026 will probably be the last year of XBox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 23, 2026
IRC logs for Monday, February 23, 2026
Probably IBM's Worst Day in Wall Street in Well Over a Decade
They try to blame some Anthropic slop, but that's just a distraction from IBM having nothing to offer
The Monday After the 9PM-on-Friday Prepared Puff Pieces-Under-Embargo Microsoft Strategy for XBox Collapse
There are more layoffs ahead at Microsoft's XBox
Kyndryl Also in a Freefall Today, James Kavanaugh's Accounting Skills Seem to be Based on Pumping and Dumping
What is the real value of Kyndryl when its debt is about twice its alleged "worth"?
Not Much Left to "Pump" in This Slop Bubble
let's hope that by the end of the year the whole bubble fully implodes
IBM Common Stock Crashes Hard (Almost $100 Below the Levels of February's Beginning)
Another Kyndryl?
Links 23/02/2026: Withdrawal From Slop and Ukraine Invasion Enters Fifth Year
Links for the day
Gemini Links 23/02/2026: Moving to Gentoo, Wake-on-LAN Script
Links for the day
Kyndryl Fell by About 50% in One Day, IBM Fell 23% in 20 Days
the IBM Titanic
Security and blobs, by Alex Oliva (GNU Linux-Libre)
Reprinted with permission from Alex Oliva
Trusting the Evil Maids
Don't listen to liars and frauds
Aaron Swartz Has Already Explained What Reddit/Conde Nast Meant to Him and Why We Should All Avoid Reddit If We Value Software Freedom
Aaron Swartz did not start Reddit
Valnet's Good Legacy of GNU/Linux Advocacy in Journalism Form
Let's hope they carry on like this
Techrights Thanks Every Single EPO Worker Who Went on Strike Today
We have so much in common
Coders and Thinkers
I used to be a hyper-productive coder; these days I do more thinking and writing
Slop (So-called 'genAI') is Not a Skill, Slop Gets You Suspended or Even Sacked, It Can Eventually End Your Career
Benj Edwards, a so-called 'Senior' so-called 'AI' so-called 'Reporter'
There is No Such Thing as "AI Skills", "AI Competency", "AI Fluency" Etc.
Slop does not give anybody an advantage
EPO Staff Union: The Strike Actions and Other Industrial Actions "Have Already Delivered Measurable Gains."
SUEPO Munich has just issued a statement to staff
Links 23/02/2026: "What Boston Will Cost Me" and Women as Hostages
Links for the day
IRC Usage Levels Seem to be Rebounding This Year
it looks like the total count (tally) of users increased a lot lately
Microsoft Tricked the Media Into Lying About Microsoft Layoffs in January. Now It Does the Same (in February).
Microsoft has got the media by the wallet (or balls)
Free Software Projects Become Slow Due to Slop
It does not improve efficiency or productivity, it reduces both
EPO Strike Has Begun (or Resumed)
The EPO status quo is untenable
Links 23/02/2026: US Surrenders to Climate Change (to Benefit Oil Companies and Slop), UK Court of Appeal to Hear Mazur
Links for the day
GAFAM Jobs No Longer Lucrative
Those days are long gone
Based on Insider Leaks, Asha Sharma's Job is to Kill XBox While Talking About "AI"
They cite SneakerSO
Germans Recognise the Contagion is Digital, Not Racial
How to dismantle or neutralise those weapons? Turn them off
Free Software (or Software Freedom) Ain't No Religion
It's hardly surprising that some of the loudest opponents of Software Freedom and its luminaries also disregard or bend facts
Dr. Andy Farnell Explains Why the Slop Industry is Like Trespassers and Thieves
interesting new article about robots.txt files
The Demise of the Solicitors Regulation Authority (SRA) and Profession Based Around Bullying With SLAPPs and Empty Threats
For press to survive and thrive in the UK we need the hired gun to be submerged
Linux Kernel 7.0 Release Candidate Comes Out, Stallman Turns 73 in Three Weeks
It predates Microsoft and Apple
In Greenland, Firefox's Gecko and KHTML (KDE, But Bastardised by Apple) Bigger Than Chrome
Are those Danes recognising the risk of monoculture?
Gemini Links 23/02/2026: Imperfect Journal, Evil, and "Progress Goes Boing!"
Links for the day
“Power is a Thing of Perception. They Don't Need to be Able to Kill You. They Just Need You to Think They are Able to Kill You” ― Julian Assange
When leadership becomes corrupt enough to lose a sense of authority its days are numbered; it'll be replaced
IBM Has Already Admitted 2026 Mass Layoffs (in 4Q Earnings Call)
We showed this earlier this month, but some people bring that up again
Reasons to Go on Strike in the European Patent Office (EPO)
If you live in Europe and don't work for the EPO, you can still help
First speech of Chanellor Hitler, Andreas Tille & Debian denounce Branden Robinson
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 22, 2026
IRC logs for Sunday, February 22, 2026
IBM Layoffs Definitely Still Happening
Contrary to what some apologists try to say
More and More Projects Quit Microsoft GitHub This Year, XBox Will See the Same
Microsoft GitHub's embrace of slop as "strategic" gives us a clue of what'll happen to XBox very soon
Google "Intelligence": Despite Slam-Dunk or "Smoking Gun" Proof, Drug Abuse in EPO Leadership is "Unverified Allegations"
Google's slop (so-called 'AI') lacks intelligence
8,000 Pages/Articles Per Year
We're eager to maintain a good production/publication pace and illuminate the sinister attempts to interfere with Freedom of the Press in the UK
Don't Use the Future Tense to Discuss the Slop Bubble
Wall Street does not react to reality; it reacts to panic, which is related to expectations
Gemini Links 22/02/2026: Okonomiyaki and Midcrunch Crisis
Links for the day
The Broken Window Industry and Its Ongoing Desires to Make Technology Less Dependable
Reliable computing is becoming harder to find
Freedom Means Accepting He or She Who is Different
In the Debian community we're sadly seeing some authoritarian overreach this month
New XBox CEO Typecast in Social Control Media
Microsoft apologists will fall back on (or shuffle between) the "racist" and "sexist" angle
Sites Without JavaScript Deserve Your Visits
We're not arguing that the Web should be as simple or barebones like Gemini Protocol/GemText
EPO Strikes Are Already Working
Campinos is already going "into hiding"
Microsoft Windows Falls to Another New All-Time Low in Guatemala, It is a Bottomless Pit
Maybe users come to realise that Windows means back doors and those doors are open to a regime that ought not be trusted
"XBox" Will Become Slop After Mass Layoffs
When all else fails, "AI it"
Links 22/02/2026: Hardware Price Hikes Across the Board, "Microsoft Issues Statement on Potential Layoffs"
Links for the day
Microsoft "Layoffs Incoming"
This transition isn't about promoting games; it's about canning the console
Links 22/02/2026: "Bloat of Modern Fitness Apps" and Wikipedia Deprecates Archive.today
Links for the day
Our IRC 5-Year Anniversary (for Self-Hosted) is Fast Approaching
A week from now it's March already
Gemini Links 22/02/2026: Dream Job Gone and Slop in Taskwarrior
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 21, 2026
IRC logs for Saturday, February 21, 2026