Bonum Certa Men Certa

Techrights (Almost) at 10: From Software Patents to Novell and to Present Focus on EPO

A weak and/or incompetent EPO would harm everyone in the world

10 dollars



Summary: A short story about how and why we ended up writing so much about the European Patent Office (EPO) and the impact beyond Europe

THE EPO has become a subject of considerable debate and focus here. It started around 2014 after we had primarily focused on the US patent system, the USPTO.



For those who have not been reading the site since its inception, here is a short introduction.

I had been a GNU/Linux advocate well before this site existed and an opponent of software patents (not patents as a whole) for a little longer than that. People who have themselves developed software don't find it difficult to understand why copyrights, not patents, are suitable protection for one's work (protection from plagiarism, misuse, misattribution, and so on).

The earliest goal of the site, back almost 10 years ago, was to end the software patents assault by Microsoft against GNU/Linux and Free software in general -- an assault which began if not publicly culminated with the Microsoft/Novell patent deal. Novell took several years to decline after this deal and ultimately, unsurprisingly, Microsoft grabbed Novell's own software patents, in a joint takeover along with Apple, Oracle, etc. These companies do not want Linux and Android to succeed, not without them being heavily taxed by the proprietary software oligopoly (Microsoft, Apple and Oracle still have ongoing patent/copyright fights against Android).

Apple's attack on Linux (through Android) officially began in 2010, whereupon we wrote a great deal about Apple and shortly afterwards Oracle joined this war. It had already shown some hostility towards Red Hat, just shortly before the Microsoft/Novell deal in 2006.

For those who are not yet seeing a pattern, let it be spelled out clearly; the rise of Free software and GNU/Linux gave power to new actors such as Google, which made proper use of Free software in order to build back- and front-end stacks (databases, operating systems, AI, Web servers and so on). This meant that gadgets-selling giants, database giants, operating systems giants/monopolies etc. that were and still are proprietary (e.g. iOS, Mac OS X, Oracle, Windows) needed to either crash/crush emergent forces or tax them, using either patents or copyrights (this goes back to 2003 with the Microsoft-backed SCO assault on Linux).

Right now, in 2016, the aforementioned issues are unresolved. Microsoft is still attacking Linux (but more cleverly, with shrewdly-worded announcements that brand/frame patent settlements as bundling deals), Apple still has several patent cases against Android OEMs, and Oracle refuses to give up even after 6 years in the courtroom (against Android through Google). The cause of utmost importance here deals not only with software patents anymore but also with some design patents (Apple v Samsung) and copyright on APIs (Oracle v Google).

About 8 years ago we expressed concerns about software patents in Europe due to FRAND lobbying (from companies like Microsoft) and Brimelow's loophole "as such". We thereafter didn't keep a close eye on the EPO for quite some time. Not much seemed to happen, but new kinds of abuses started to emerge and these seemed to be related to the resurrection of the "EU patent" or "community patent", this time under a new kind of name and marketing (equating maximalism with union, unity, universality etc.) accompanied by/with repression of staff and suppression of critics. Even the staff union of the EPO, which had existed for several decades, came under unprecedented (even outside the EPO) attacks.

The reason we now focus a great deal on the EPO is that we have reasonably good understanding of the matters involved. We also have many articles on the subject, which helps us create a cohesive story with a lot of cross-referencing. Our goal now is to help other people (EPO insiders as well as politicians who are outsiders) gain an equally good understanding of why the EPO's management must be chopped laterally and replaced en masse. It is the only way to save the EPO right now. Delegates that make up the Administrative Council probably have a good grip on the current situation, but they are afraid (or tied up by Battistelli's hand on the budget), so they are not likely to do anything. The EPO needs somewhat of a revolution and strikes/demonstrations are steps towards that.

In the coming days we shall have a lot to write about the EPO and we will devote plenty of time and resources to ensure this historic period in the EPO is properly documented. We welcome feedback from readers and we hope that new material will continue to flow in. Now that everyone in the UK (and increasingly beyond) talks about "Brexit" it looks like Battistelli will definitely fail to deliver on his promises. He will be remembered not as a pioneer manager who compromised the rule of law for some 'necessary' reform but as a ruthless tyrant that shattered the EPO's reputation for many years if not decades to come.

The EPO will outlive Battistelli and it is everyone's job, especially at the EPO, to fight for patent quality (i.e. defy Battistelli's 'productivity' obsession or lunacy). Remember that patent offices live or die (or make or break if not perish) based on the value or perceived value of their granted patents, i.e. examination that increases certainty in a court of law. Being an ENA graduate, Battistelli perhaps hopes that his predecessor will be left to deal with the aftermath of his atrocious policies (brain drain, low patent quality, reputation problems). Then the blame might be misplaced. A retired Battistelli would have little or nothing to worry about, but what about patent examiners who are far from retirement? How about retired examiners whose pension will be at risk? Given some upcoming Battistelli 'reforms', many people's pensions are already at risk. This is just bad for Europe's competitiveness across many sectors (medicine, chemistry, physics, telecommunication and many more). As patents get granted and assigned not just to European applicants (only the employees of the EPO are European), this may also means innovation will happen in the courts (lawyers' strategies with patent trolls) rather than in the laboratories. Patent monopolies that are granted for the sake of being granted (artificially elevating some measure of EPO 'output') rather than to promote innovation can retard human progress as a whole.

Recent Techrights' Posts

Something to Celebrate in Gemini Protocol
More capsules and users join in
Apparently Confirmed: IBM Layoffs in Canada Today, Hundreds Affected
Impacting "177 people", says one person, "in Ottawa"
 
The SLAPPs From the Microsoft Strangler (and Sidekick) No Better Than Patent Trolling
one must never settle with trolls
Links 28/03/2025: Last Reminder "to Delete Your 23andMe Data", "UK's First Permanent Facial Recognition Cameras Installed"
Links for the day
Microsoft Canonical Continues Its FUD (Fear, Uncertainty, Doubt) Campaign, Reveals Google Too Sponsored It
They're paid-for lies from a Chinese company that takes GAFAM money to write puff pieces about them
Android Rises Above 76% in Mozambique, Leaving Windows in the Dust
Windows may soon be measured as smaller than Apple's iOS
IBM, Red Hat and Microsoft Probably Also Manipulate Metrics (It Helps Con the Shareholders)
Wall Street's credibility will depend on enforcement of "checks and balances"
Slopwatch: trendhunter.com and Other Pure Junk From "Google News"
The need to vet sources is hardly new; anyone can spew out anything, anywhere. There's a need for vetting.
Gemini Links 28/03/2025: Rewatching The X-Files, Slop Concerns, and NOSTR Censorship
Links for the day
Links 28/03/2025: Australia at Risk, EPO Grants Illegal Patents With Illegal Effect
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 27, 2025
IRC logs for Thursday, March 27, 2025
Links 27/03/2025: Obituary to a Shop, Russia Trying to Buy Time
Links for the day
Links 27/03/2025: Slop, Autosuggestions, and Nostr
Links for the day
When Windows Was Dominant (1990s) Browser Monopoly Meant MSIE, But Now Google Android is Dominant and the Web in a 'Webapps' Era Works With (or Is Designed for) Chrome-isms
We've been there before
Slopwatch: BetaNews, LinuxSecurity.com, and the Attack on Web Search Using Fake and Likely Plagiarised Pages
Changing a few words here and there won't change the fact that it's not properly authored
Links 27/03/2025: U.S. Honeybee Deaths Reach Record High, Legal Occupation Next in Line After War on Science
Links for the day
Using Courts for 'Revenge' is Always a Losing Strategy
Trying to cause someone you dislike to spend a lot of money
IBM CFO James Kavanaugh Refers to Firing of Almost 10,000 Americans as "Workforce Rebalancing" (Shifting IBM's Centre of Balance to Low-salary Contracts/Countries)
The scale of IBM layoffs is getting too large to evade WARN Notices
[Video] Dr. Richard Stallman's Keynote Speech in Kerala Finally Uploaded
In non-free format and proprietary YouTube, but perhaps that's better than nothing
Islands Are Leaving Microsoft Behind, According to statCounter
Android has had a very strong year
EPO Management Fails to Deny That the Office is Discriminating Against Women
Europe's second-largest institution isn't just exceedingly corrupt but also immoral
In Some Countries the Market Share of Vista 11 is Going Down, Not Up
despite being released in 2021
Rumour: Mass Layoffs in IBM Canada Today
Maybe later today some people from Canada will say something firmer and maybe some media will even talk about that
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 26, 2025
IRC logs for Wednesday, March 26, 2025
Gemini Links 27/03/2025: X-Files' "Kill Switch", Orlando, and ASN (Autonomous System Number) 'Hack'
Links for the day
Links 26/03/2025: Healthcare Cuts and Turkey's Own "2025 Project" (Culling Opposition)
Links for the day
LLM Slopfarm: A Site's Last Incarnation Before Throwing in the Towel, Going Offline Permanently
A lot of coverage that claims to be about Finland is chatbot-generated nonsense or poorly-plagiarised work
Microsoft Canonical Pays IDG to Spread FUD (Fear, Uncertainty, Doubt)
this seems a tad exploitative and reminds us of the time Novell kept telling companies that using anything other than SUSE was dangerous
Gemini Links 26/03/2025: GTD, Zenshuu, and Geminispace Community
Links for the day
Links 26/03/2025: Media's Failures, Arrests of Journalists, Limitations of End-to-End Encryption
Links for the day
LLM Slop (Lots of It Spewed Out by Microsoft) Versus Linux
Microsoft is a very, very evil company. It doesn't mind destroying the Web if there's a chance it'll make a buck in the process or mess up people's brains (in Microsoft's favour).
Slopfarms (Sites That Only Ever Publish LLM Slop) Are Killing Google News
pair of slopfarms still propped up by Google News
Microsoft's Serial Strangler's Law Firm Has a Long History of Fronting for People Who Do Bad and/or Illegal Things
Whose terrible idea was this?
Novell and Microsoft Apologist/Booster Bruce Byfield Writing About the FSF is a Recipe for Problems
Totally not shoehorning some agenda
Looking Forward to the Fall of UPC and Revocation of the Unified Patent Court (UPC) Agreement, Which Was Always Illegal and Unconstitutional
We'll try to keep abreast of any progress in this case
Slopwatch: Google News, LinuxSecurity.com, and the General Demise of the Web
many supposed or so-called "news" pages are just spewed out by some chatbots (or tools which help plagiarise original articles without getting caught; detection gets harder)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 25, 2025
IRC logs for Tuesday, March 25, 2025