Bonum Certa Men Certa

Software Patents Still a Problem in Europe (in Spite of the European Patent Convention), the UPC Would Make Things Worse

Patents against Flickr



Summary: A reminder of the tough reality of patent scope in Europe, especially now that Battistelli embraces Chinese standards for patent quality (or lack thereof), in the name of perceived or faked "growth"

Team Battistelli has ruined the EPO and unless Battistelli and his cronies are ousted very soon, the damage may be irreversible. Already, as we noted over the weekend, the Office ignores the European Patent Convention (EPC) and disregards patent quality, so every day patents are being granted in error and there is no effective appeals process (understaffed and lacking capacity, afraid of Battistelli's next collective punishment).



Yesterday, Benjamin Henrion and another person [1, 2] spoke about the effect of just one single patent troll on Flickr (part of Yahoo!) in Germany. It's a software patent, so one might gasp and wonder how the heck it has any effect. In reality, Germany is the most software patents-friendly country in Europe, as we noted here in passing about 8 years ago and earlier this year.

"In reality, Germany is the most software patents-friendly country in Europe, as we noted here in passing about 8 years ago and earlier this year.""With Unitary Software Patents and German judges," Henrion added, "Europeans won't be able to upload their pictures to Flickr..." (because the effect of the lawsuits would be widely applicable, more than just EU-wide).

"Facepalm," wrote another person. "A patent troll is preventing German Flickr users to upload pictures from mobile apps. https://help.yahoo.com/kb/SLN26970.html"

They're a little late in realising this. It's rather old news (this was mentioned here before, two months ago), but it's always good for reminding people that software patents are still a problem in Europe.

This has no remedy in sight and Battistelli already crushes the appeals process, so the same case can happen at the EPO and there is no effective oversight to overrule it.

Very soon "attending oral proceedings before the boards will come with an extra average 3 hours journey," according to this new comment that says:

The site envisaged for the Boards of Appeal - Richard-Reitzner-Allee 8, 85540 Haar - is located at a 35 minutes ride from the airport, in theory. In reality, the trip uses one of the most crowded highway portions in Germany, including the A9 north of Munich and the peripheral highway A99 with its frequent traffic jams. Alternately and more ecologically, there is a connection via the regional trains S8 and S4 with a change at the Leuchtenbergring station. Considering that it lasts 1 hour and 15 minutes one way, with one connection every 20 minutes only, attending oral proceedings before the boards will come with an extra average 3 hours journey in the Munich commuter trains. A couple of rooms for oral proceedings mignt be enough, in the circumstances.


The threat of software patents in Europe is growing, whereas the USPTO goes in the opposite direction after the Supreme Court corrected decades of injustice. It's not as if Battistelli has any notion of justice; his understanding of the term is the same as Recep Tayyip ErdoÄŸan's.

Recent Techrights' Posts

Sponsored by Linux Foundation
All the pages are full of 'Linux' Foundation ads that are not about Linux
It's Hard to Dispose or Get Rid of Swasticars Now
'Memecars' only sell as long as people have a 'belief' in them
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 12, 2025
IRC logs for Wednesday, March 12, 2025
The Fall of the Open Source Initiative (OSI): Microsoft-Sponsored OSI is Probably Not Even the Real Steward of the Open Source Definition, It's More Like an Identity Thief at This Point (Like "FSFE", a Microsoft-Sponsored Imposter of FSF)
As we'll show later, many people (even inside OSI) are very angry at the OSI right now
Gemini Links 12/03/2025: Cataloging Books, Ramen, and MElon
Links for the day
Links 12/03/2025: Anti-Union Actions and New Efforts at Truce/Ceasefire in Ukraine
Links for the day
CodeWeavers Ads Weaved by LLM Slop at BetaNews
How much of this was even touched by a human being?
Springtime Plans
We currently have two long series underway
In Australia, iOS Estimated to be Bigger Than or Equal to Windows
Not even counting macOS
Brett Wilson LLP Does Not Deny Microsoft or Another "Third Party" Secretly Funds the SLAPPs Against Techrights, Bankrolling Despicable People Who Deserve Criticism
Writing about crime is not a crime
Gemini Links 12/03/2025: LLM Slop Lacks a Future, Wordle Clone Comes to Gemini Protocol
Links for the day
Using FUD That Blames "Linux" for Typos, Turning It Into LLM Slop That Blames "Linux" for Typos
It is probably the "leader" at LLM slop (fake 'articles') about "Linux"
Links 12/03/2025: Big Cuts to US Education and Science (e.g. NOAA)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 11, 2025
IRC logs for Tuesday, March 11, 2025
Crossbow murders: prevention, missed opportunities
Reprinted with permission from Daniel Pocock
This yt-dlp Bug Report Shows Us That the Future of YouTube is DRM and It's Time to Leave (yt-dlp Should Also Leave Microsoft GitHub, Which Censors YouTube Downloaders)
GAFAM traps aren't "free hosting"; they herd us all into a world of tollbooths and locks, surveillance and planned obsolescence (you own nothing, you only rent)
Ukraine Didn't Take Twitter/X Down, Microsoft or Windows Likely Did
There are many debunkings (to likely false accusations), but won't that just be another example of Windows TCO, exacerbated externally in the form of Windows botnets?
The Fall of the Open Source Initiative (OSI): Worse Than What the Media Has Focused on, Losing Sight of Who Owns and Runs the OSI
Members' dues are less than 3% of the income; where does the 97+ percent come from other than Microsoft?
Apple Seems to Have Run Out of Things to Boast About After Apple Vision Pro Failed Spectacularly
With "Apple Intelligence", Apple has finally named a product after what target customers lack
Slopwatch: Reckless FUD and Machine-Generated Spam from LinuxSecurity.com, cybersecuritynews.com, and gbhackers.com (Google Boosts LLM Slop About "Linux")
Google and so-called 'Google News' continue to yield anti-Linux misinformation
Gemini Links 11/03/2025: 'Chainsaw Politicians' and Proprietary Software Hell
Links for the day
Links 11/03/2025: Covid-19 5 Years On and Violence in Syria
Links for the day
Links 11/03/2025: NASA Besieged and "DOGE Has Become What It Claimed To Destroy"
Links for the day
Fresh IBM Layoffs Reported in Europe and North America, Jobs Allegedly Moved to South Asia (Low Salaries)
As usual, IBM does not talk about this
Illuminating Injustice is Critical When Reckless Microsofters and Law Firms Try to Silence Reporters of Violence Against Women
I want to clarify that I'm well within my right (and not running afoul of any rules) by explaining what goes on here
EPO Central Staff Committee: "The Strategy of the Office Lacks Transparency and Cannot be Understood"
Microsoft and the EPO violate data protection laws
Microsoft Has Not Much Left to Show Investors, Shares Fall Almost 20%
It's not even clear how Microsoft makes money anymore
Links 11/03/2025: Spring and Misfin Server
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 10, 2025
IRC logs for Monday, March 10, 2025