Bonum Certa Men Certa

Growing Threats of Software Patents in Europe and the FRAND Trap Which Microsoft Promotes/Lobbies For

And Microsoft told us it "loves Linux"...

EU lobbying



Summary: Microsoft's lobbying against Android in Europe and for FRAND (essentially software patents) in European standards yield results

Software patents in Europe have been covered here for much longer than the EPO. Companies like Microsoft were using them to effectively ban Free/Open Source software (FOSS), or exclude such software from procurement policy as per the standards. According to this new article from Dr. Glyn Moody, Microsoft was somewhat successful with this as its lobbyists continue lobbying for FRAND in Europe [1, 2]. Yes, in addition to lobbying the European Commission for many years against FOSS/Android [1, 2, 3], eventually leading to antitrust action against Google, "Just as Microsoft is adopting open source, the EU is excluding it from policy - like Microsoft originally demanded," to quote Simon Phipps, who in turn cites Moody who's saying: "It's no surprise that the Commission was trying to keep that particular detail quiet, because FRAND licensing—the acronym stands for "fair, reasonable, and non-discriminatory"—is incompatible with open source, which will therefore find itself excluded from much of the EU's grand new Digital Single Market strategy. That's hardly a "balanced IPR policy."



"An inherent problem with this policy is that it wrongly assumes that patents on software have legitimacy in the EU.""The problem for open source is that standard licensing can be perfectly fair, reasonable, and non-discriminatory, but would nonetheless be impossible for open source code to implement. Typically, FRAND licensing requires a per-copy payment, but for free software, which can be shared any number of times, there's no way to keep tabs on just how many copies are out there. Even if the per-copy payment is tiny, it's still a licensing requirement that open source code cannot meet."

An inherent problem with this policy is that it wrongly assumes that patents on software have legitimacy in the EU. It's a loophole or even a distortion of European law. Well, it's not as though Microsoft truly tries to obey the law anyway... its front group, Business Software Alliance, has pursued this kind of policy for nearly a decade now.

"Well, it's not as though Microsoft truly tries to obey the law anyway..."Incidentally, yesterday IP Kat published this article about "Patentability of user interface designs", citing the Board of Appeal which isn't particularly software patents-friendly (unlike the EPO, it doesn't just seek to maximise profit by reducing patent quality or by also expanding patent scope over time, in defiance of the EPC*).

One comment from the FFII's President said: "Jacob said the "Technical" wording is a restatement of the same problem. "Technical" becomes the black hole where the EPO finds it way to bypass the spirit of the EPC, where all the exclusions concerns abstract matters."

"“Technical” is generally a rather meaningless term."One person responded by saying: "have you bothered to read the post? It explains how, on the contrary, the BoA of the EPO has refused to see anything "technical" in presentations of information, except in three now rather old cases (T 643/00, T 928/03 and T 49/04). Apart from that, I know for one thing that T 49/04 was an extremely controversial decision within the EPO, and this may explain why, afterwards, the Boards didn't continue on the same path."

Here we have a wilfully ignorant person who doesn't know the correlation between the UPC and software patents (high-profile people have spoken explicitly about it) and s/he says "conspiracy" to discredit those who speak about it, shooting the messengers as follows:

If "Zoobab" is the same Zoobab as on Twitter, s/he seems to be an anti-software-patent activist and appears to be a loyal follower of the Techrights blog, who see anything that even mentions software patents or the UPC (even in a negative context) as evidence of some sort of grand conspiracy to defraud the European public.

As it happens, I'm dubious about the merits of software patents or indeed the UPC. But I've learned that anything less than full, wholehearted agreement with the wacky conspiracy theories of such characters is seen as yet further evidence that there's not only a conspiracy, but also that you're part of it, even if you broadly share their misgivings albeit for different reasons.


The above puts words in the mouth of both Benjamin Henrion and myself -- words that were never at all uttered. In spite of the secrecy which breeds suspicion**, there is a lot of information one can accumulate by digging deep enough. There is actually plenty of evidence to show what we both said (not the above), the EPO's management keeps promoting both the UPC*** and software patents (we wrote about it with examples earlier this year), and this got the attention of other people last night. “Technical” is generally a rather meaningless term (like "innovative", "novel" and other such buzzwords). A toilet bowl too is technical. See this reaction to the phrase "the effect of a particular layout on the mental processes of the user could be considered... technical" (response in Spanish). ⬆ ______ * “Customer”, apparently, based on this new tweet, is a new word for “applicant” as EPO inherits the ENA mentality of Battistelli.

** The EPO has once again (second time in a week) promoted the EUIPO. Recall the overlaps between those two [1, 2, 3]].

*** Here is the latest UPC promotion from the EPO (last night).

Recent Techrights' Posts

Microsoft Demands That Staff Keeps Silent About the Mass Layoffs
Way to cause anger and ensure whistleblowers will go to the media
ITwire Became Slop and Spam
The site still exists, but it's not what it used to be
W3C Died 20 Years Ago, Now We Live in a Post-W3C Era. Linux Foundation is 'Slop Bros', Now Linux is Becoming Unfree.
Torvalds is on the same side as Epsteingate
Linux Kernel to Hide the Slop to Avoid Backlash, Suggestion Made by Former Microsoft Employee While Another Former Microsoft Employee is Worst Slopper/Culprit in Linux
Did Torvalds listen to slop antagonists?
Microsoft Shutdowns in Africa, Mass Layoffs Also Reported This Week
further shutdowns
 
IBM's Anderon is Like Theranos, But Will Anybody at IBM or Anderon Be Imprisoned for This Billion-Dollar Scam?
Will anyone ever be held accountable for it?
Microsoft XBox Won't Survive, Microsoft's CEO for This Perishing Business Turns to Slop
What the founder or father of XBox said about Asha Sharma earlier this year turns out to be accurate
Links 14/10/2026: So-called 'AI' Giants Go Bankrupt, "Military Will Hack the Election"
Links for the day
Indoor Season
we have more planned in order to improve navigation, accessibility, and workflows
Microsoft Has Had Mass Layoffs in Azure Every Year Since 2020 and the Bleeding Continues Because It Misreports Earnings There
This is a bad week for Microsoft
Microsoft's International Mass Layoffs (Asia, Europe, Africa), Now Vietnam
A crisis that Microsoft is unable to hide
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 13, 2026
IRC logs for Tuesday, October 13, 2026
Gemini Links 14/10/2026: Ceiling Fan, Fascism, Democracy, and Slop Being a Huge Bubble
Links for the day
Reports of Stress and Layoffs at Microsoft, Some People Laid Off Under the Guise of "Ban" (Gift From the Administration) and Many Sacked in India
"pip and gvsa" layoffs in India
We're Way Past the Point Where Companies Announce or Declare Mass Layoffs
Layoffs are becoming hidden
Solicitors Regulation Authority (SRA) Besieged by Blind Justice UK, Politicians Increasingly Involved
"Today we have written to Members of both Houses of Parliament"
Vance Has Helped Microsoft Implement Secret, Silent Layoffs
Nothing excites Microsoft more than means by which to discard many employees without an obligation to tell shareholders about it
To The Register MS, Microsoft is the Only Brand That's at the Main Menu!
Consider that the Editor of The Register MS is a longtime faithful Microsofter
Microsoft's Collapse Will Continue, It's Drowning in Debt Now
Expect many more mass layoffs
Legal Self-Sufficiency
The more impact our work has, the more legal bullying will come our way
Plans for Winter in Manchester and London
From many perspectives, we're satisfied with the certainty and robustness of UK hosting, it's just that we're not yet robust/resistant enough to DDoS attacks
Customer Support Experience in 2026
Because the customer is never right
Links 13/10/2026: More Plagiarism Lawsuit Over Slop and AirAsia Needs State Help
Links for the day
Intercontinental Brigading - Part II - An Outline of This Series
What's to come
Gemini Links 13/10/2026: Dopamine Nation, Planner and Fatigue, and Moderators
Links for the day
Links 13/10/2026: Norway Fines Microsoft and Cops Can Creep on Airbnb
Links for the day
When Computers "Expire" Because Certificates Expire
People who promote Restricted Boot are liars. They lie for a living.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 12, 2026
IRC logs for Monday, October 12, 2026
Gemini Links 13/10/2026: Modern Science, Joplin, Luddites, and Lots More
Links for the day
Mass Layoffs at Microsoft Again (October 2026), So-Called 'AI' Units Impacted Because Slop ('AI') Has No Real Future
So much for the future of Microsoft being "hey hi" (AI)
European Readers, Please Contact Representatives (in One's Nation) Attending the Administrative Council Meeting
Normalising cocaine in in Europe's largest institutions (the people running these) is a slippery slope
Network Plumbing
We hope it'll help speed things up
For Half a Year the European Patent Office (EPO), Europe's Second-Largest Institution, Has Had Water Problems in the Toilets
And it's not being fixed
Intercontinental Brigading - Part I - The Failed Attempt to 'Swat' Our Series About the Attacks and Crimes Committed Against Us
This coincided with threats to our lives
Links 12/10/2026: Strike on Riyadh and GOP Pays Voters ("Surprise $90 Social Security Payments")
Links for the day
Microsoft's XBox CEO Spoke of a "Return to Growth" Last Week, But XBox Sales Lowest in XBox History (Quarter of a Century)
Microsoft's XBox is dying. It's a countdown to nothingness.
Links 12/10/2026: Shopify (Slop Booster) Has Security Issues, "Russia’s Yandex Says Data Center in Vladimir Shut Down After Drone Attack"
Links for the day
"My Hands Are Shaking While Writing" About IBM's Mass Layoffs at Red Hat (Bluewashing)
Shame, shame, shame on the corporate media for not covering Red Hat's layoffs this year
Taking a Look at the Last Articles of Bob Cringely at Forbes, They Were All About IBM and Its Collapse
It's all about IBM
Microsoft Windows Causes Problems (and Delays) to LibreOffice and The Document Foundation
Nothing would please Microsoft more than Windows curtailing the development of LibreOffice and adoption of ODF
So Far This Year Microsoft Windows Lost a Lot of Ground in China, GNU/Linux Gaining at Its Expense
GNU/Linux will soon exceed 10%
Lessons of Margaret Hamilton (Software Engineer)
Stop abetting men who attack women in the sciences
RIP, Bob Cringely
He was too young to leave us, his articles were still brilliant and his mind as lucid as ever
What is "Computer Science"? It is What Broligarchs Reject.
Nowadays some people call themselves informal terms or made-up titles (with terms like "AI" or "big data" or "data" tossed into the mix)
Linus Torvalds Has a Conflict of Interest Regarding Slop
Linus Torvalds is paid by the slop pushers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 11, 2026
IRC logs for Sunday, October 11, 2026
Africa Sees GNU/Linux Exceeding 5% "Market Share"
It wasn't always like this. It used to be measured at 1 or 2 percent.
Brigading Against Women - Part XXVII - Americans and Public Executions
"People who work for Facebook / Xitter / Bytedance's Tiktok / Microsoft / Oracle / IBM / Apple / Uber / Lyft / Wolt / DoorDash / AirBnB / Bolt / and so on are doing some world-class projection when they have the audacity to call others Bad People(tm)"