Bonum Certa Men Certa

Openwashing Institutionalised NPEs (OIN) and Software Patents With Notorious Managers From the EPO

Fake European Patents disguised as "hey hi" (AI), 4IR, and other mumbo jumbo

Grants lots of fake patents. Waits for S* to hit the fan.



Summary: There's a strong push for software patents in Europe (basically fake European Patents on abstract ideas) and IAM leads/participates in it with help from OIN, Grant Philpott (EPO) and -- maybe soon -- Breton (EU)

European Patent Office (EPO) President António Campinos and his predecessor Battistelli have both promoted illegal software patents in Europe. They know those patents cannot be legally granted, so they make up new words, buzzwords, acronyms, misleading terms and sometimes they ride hype waves -- the same ones Iancu at the U.S. Patent and Trademark Office (USPTO) is riding as well because 35 U.S.C. €§ 101 otherwise stands in the way.



"This is of course most devastating to those who cannot afford legal battles -- those who can be abused -- threatened with litigation or actually sued -- and be compelled to shell out 'protection money' (for patents that are not valid)."We've entered a new kind of 'era' in the patent system; many patents can now be presumed invalid. It just takes money (petitions or court time) to prove the invalidity. This is of course most devastating to those who cannot afford legal battles -- those who can be abused -- threatened with litigation or actually sued -- and be compelled to shell out 'protection money' (for patents that are not valid). In last night's daily links we provided about a dozen new examples of software patents perishing in the US; we stopped covering such pertinent cases last year because priorities have changed. What hasn't changed is this reality of software patents being worthless garbage.

Over in IRC, oiaohm pointed out this paper that says: "In German bifurcated litigation system, in 12% of infringement cases where infringement was found by the courts, the infringed patent was eventually invalidated."

Got that? We've heard similar stories from the US lately. But nowadays Europe becomes more of the same. Caselaw centered around SCOTUS and the Federal Circuit (CAFC) is used, sometimes in Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) and sometimes in court cases, to throw out patents which were deemed "infringed". Well, if "1+1=2" is a patent, then everything and everyone is infringing, but the patent itself is a joke.

This past weekend Benjamin Henrion said that "CAFC belongs to the patent industry, fully captured court. SCOTUS vs CAFC is a 10:0 score at the moment."

"CAFC actually improved in recent years," I responded, as "SCOTUS has overturned CAFC decisions from the Rader -- not Sharon Prost -- era."

Over the weekend Henrion did some research into Openwashing Institutionalised NPEs (OIN) -- a subject that we covered here in relation to that awful EU paper. We nowadays find ourselves having to rely on our own research because investigative reporting in the area of patents barely exists. Henrion's tweets contain more information in them than this 'shopping list' journalism (a data dump of no value, entitled generically "Patents were assigned in New Hampshire from Nov. 3 to Nov. 10" as if it's machine-generated). We've also just seen this 'article' from the patent maximalists of "Bloomberg Law" -- a site that constantly pushes for litigation and for abstract patents under the guise of the "hey hi" (AI) hype, a buzzword resurrected for some corporate agenda. The site is composed almost purely by the litigation industry and for the litigation industry; but it's presented as "news". Billionaire Michael Bloomberg has no money for journalists. Instead he lets 'news' (self-promotional corporate propaganda) be written by lawyers, such as Yohan Liyanage and Kathy Berry of Linklaters LLP in this case. They say that "[t]he software code underlying the AI system may be protected by literary copyright, although its functionality and underlying algorithms may not (as copyright protects the expression of ideas and not the ideas themselves). Training datasets may also be protected by literary copyright if they are sufficiently creative and, in the European Union, potentially also by the separate “sui generis” database right if they have been subject to sufficient investment. All elements of an AI system (code, algorithms, data etc.) may comprise trade secrets if they are kept confidential."

Then it proceeds to the usual suggestion that such code should also have patents on it. Because hey, why the heck not? More litigation! More money for lawyers like them.

But getting back to the point, Henrion took note of this new agenda of an EU conference. "Open Source Beyond 2020" is the title of this conference and it "does not even mention the threat of software patents, especially with Unitary software Patents and patent trolls, one of the top worries for software companies and developers..."

Well, take a quick look at who's in this conference. These people do not represent FOSS, but the EU tells us that they do. The likes of OIN, i.e. front groups for the interests of IBM et al. Henrion also wrote: "The GNOME Foundation now wants 1M USD. They have also failed to answer FFII's demand. Time for an open letter #gnome #troll #oin"

As an associate of ours put it this morning: "Any word on how GNOME will deal with the patent troll? Better for them to fight software patents in general but it looks like they will make the mistake of aiming for the individual troll instead."

They're being led by OIN, which clearly uses the wrong approach -- the software patents-friendly approach. Henrion was rightly upset to see OIN working and co-authoring papers with Fraunhofer. "We suffered for 20 years with the Fraunhofer MP3 patents," he said. "People have short memories."

OIN calls them "charitable"...

Then again, look who runs OIN.

IAM is meanwhile preparing another software patents lobbying 'event'. It's coming up this week (2 days from now) and hype waves will be used to promote software patents, with front groups such as CIPU in the shadows, based on this page. Looking through the list of speakers, it's very much as revealing as it gets; Grant Philpott (EPO), Microsoft and others in this IAM event. Philpott threatened me for showing his E-mail about Microsoft et al. EPO is deeply corrupt and it threatens those who produce evidence of it. The EPO is a bullying organisation, but that's "small potatoes" for the likes of Philpott; he used to work in the Army, which literally kills people. Is it Philpott or Pol Pot?

Henrion took note of the next EPO phase: "EPO now uses software patents instead of CII: "Previously, Philpott was Chief Operating Officer in the information communication technology sector, where he was at the forefront of ensuring the EPO’s stable and predictable approach to software patenting." http://www.iam-events.com/events/iot-ip-2019/speakers-6e588d27158140d98ee1f35b75c3e976.aspx …"

They're so shameless about it. They're doing illegal things. And going back to OIN, watch how it not only participates in the EPO's software patents advocacy events but also IAM's (the patent trolls' lobby):

Mirko Boehm, our Linux System Definition Director, will join senior executives from Bosch, Telefonica, and Siemens in a panel discussion to address the “New Protection Paradigms” during the IoT IP conference November 20 in Munich, Germany. Experts estimate there will be 22.5 billion IoT devices globally by 2025. IAM’s IoT Intellectual Property (IP) conference provides a platform for senior IP decision makers across industries to discuss the opportunities, challenges and strategies which are rapidly changing in a world that depends on interoperability and security, increasingly through the use of Open Source Software (OSS). Register here: http://www.iam-events.com/…/event-summary-6e588d27158140d98…


That's what the Open Invention Network published in Facebook (yes, Facebook) this weekend and on November 12th it said:

As Open Source Software (OSS) continues to transform software development — from start-up companies to worldwide enterprises — the conversations are shifting towards new business models, technology’s impact on all industries, and the intersection of open source and standards. Our Director for the Linux System Definition, Mirko Boehm, has co-authored “The Relationship Between Open Source Software and Standard Setting,” a Joint Research Centre (JRC) Policy Report for the European Commission (EC). It will be presented during its “Open Source Beyond 2020 – Powering a Digital Europe” workshop in Belgium Nov 14-15. https://ec.europa.eu/…/workshop-about-future-open-source-so…

#opensource #linux #patent #openinventionnetwork


Stay classy, OIN. You're rather blatantly on the side of the trolls these days. Your management has patent trolls in it.

You do not speak for "Open Source Software (OSS)"; you sometimes speak for companies that attack "Open Source Software (OSS)".

Later today we shall publish part 7 of the Breton series. Breton's series will have at least 18 parts and it is very much relevant to the EPO, as later parts will show. Breton's French nationality isn't key here but his connection to a bunch of French patent trolls. He's friends with Battistelli and companies that lobby for software patents, so if elected to EU leadership, he would 'champion' software patents for sure... just like OIN. Maybe he'll appoint OIN official spokesperson for "Open Source Software (OSS)", speaking for members like IBM and Microsoft.

As Henrion put it, "Someone should ask Breton if he will propose a new software patent directive if the Parliament asks for it, under the inter-institutional agreement [...] Breton in the hands of the EPO and the patent mafia https://www.epo.org/news-issues/news/2018/20180607.html … #epo #breton [...] Still does not have answers on how SMEs are supposed to defend themselves against patent trolls. Mr Breton was driving many patent extorsion/licensing plans, and is an EPO friend. Don't know if Thomson was still extracting MP3 royalties when he was active, but still."

He worked for that company 1997-2002 when MP3 was 'all the rage' with almost no ubiquitous alternatives; all these patents were software patents.

Recent Techrights' Posts

SLAPP Censorship - Part 148 Out of 200: The Manosphere
Those people don't just threaten our national sovereignty, press, democracy etc. They also endanger women everywhere.
GNU/Linux Reaches 10% "Market Share" in statCounter
As of this morning
Voluntary' Layoffs and 'Proper' Layoffs at IBM This Year
When will IBM management confess that 15% of staff is already marked for potential removal?
The Register MS Has Just Published Slop Spam for NVIDIA and HP, It Says "AI" 43 Times
As usual, The Register MS ought to be ashamed of itself for participating in it
The Slop Debt (Trillions of Dollars, Money That Does Not Exist) is Causing the Collapse of GAFAM et al
This slop hype will end up like "metaverse", except "metaverse" never ended up justifying trillions of dollars in "investment"
Social Control Media is the Opposite of Information
That says a lot about social control media
 
'Cancel Culture' Isn't About Empathy, It's About Making Good People Homeless
Seeing what they did to RMS, remember that those "concern trolls" are about everything other than ethics and morals
Daniel Pocock in The Nerve
Lots of publicity owning to the enrollment
Why Support Daniel Pocock
Our readers who come from IBM and the EPO are certainly familiar with the tactics of censorship and what that sort of censorship leads to
Gemini Links 13/08/2026: Health, Partial Eclipse Sketches, and Guilelessness
Links for the day
15% of IBM Marked for Potential Termination, PIPs are the "New Layoffs" (or RAs) at IBM
IBM is a dying company, but it does not want the press to say this or for people to understand that
Links 13/08/2026: "The Rise of the Measles-Industrial Complex" and Spotify Curbs Slop
Links for the day
Daniel Pocock on Australia's 9News (Nine Entertainment)
This gives visibility to software and technology issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 12, 2026
IRC logs for Wednesday, August 12, 2026
Gemini Links 12/08/2026: Losing a Child, "The OpenWeb Needs Diversity", and Gmail Woes
Links for the day
Links 12/08/2026: Trouble in Proprietary Chaffbot Company 'Open' 'AI' and Slop "Investors Are Suddenly Quaking in Their Boots"
Links for the day
Daniel Pocock in National News in Australia the Day of the Election
"Posted 20m ago" (Thursday in Australia), it's timed nicely to help illuminate Pocock and give him last-minute exposure
Simpler Means More Reliable
The simple old way of local storage and local backups is still the best
Clownflare and statCounter See GNU/Linux at ~8% in Norway
Norway has long championed GNU/Linux compared to the rest of Europe
Clacton manifesto: Reform UK hacking, leaks, raw sewage & 8GB Swiss Archive
Reprinted with permission from Daniel Pocock
statCounter Today: ChromeOS + GNU/Linux Measured at 10.98% Globally (Desktops and Laptops)
Clownflare does not quite refute this
The Register MS Has Just Published Fake Article About Replacing Linux With Proprietary Google System, "Sponsored by ASUS."
All of those things are proprietary GAFAMware
Links 12/08/2026: "X’s Advertising Business Continues to Tank", "Stop Feeding the Billionaires"
Links for the day
Lack of Empathy Rampant in the Sector
Sociopaths are sociopaths. They cannot help themselves
Before the "Big Tech" (That Almost Everybody is Forced to Use) Was Controlled by Men Who Hate Women
Such rejection and even hatred of women qualifies/enshrines oneself as an "incel"- a dangerous and violent online cult
In Defence of Hoarding CDs, More So When Digital Restrictions (DRM) Come to More 'Content' and Even Offline/Physical Media Won't Work When Some Remote Server Says "No" (or Goes Offline)
made to serve and entertain owners, not to allow companies like Sony and Microsoft subjugate owners
Clownflare: In Finland, Birthplace of Linux Kernel, GNU/Linux Now Bigger Than Apple's MacOS
It's not just in Finland where we see such trends
More Mass Layoffs Due to Monumental Debt Excused as "Investment" (in Slop)
They're maxing up the private debt and their country is already insolvent
METRO Interviews Daniel Pocock a Day Before Election
The article is behind a wall that blocks people who block ads
Enshittification More Than a Century Ago
Is enshittification more than a century old?
GNU in 1991 (35 Years Ago): Compiler and Lots More Ready, Linux Now Becoming 'Vibe Heap' (Slop Replaces Real Code)
Without curbs in place, many Linux developers will flee
Company-Wide 'Reorg' ('Redundancies') at IBM, Mark October 1st 2026 in the Calendar
Is Oct 1 the new Apr 1?
SLAPP Censorship - Part 147 Out of 200: The SLAPP Series is 'Slow' Because Timing Matters
It is important to stress that after this series is finished there will be many more series, with some of them showing raw evidence of what we've been illuminating and telling
Even ZDNet Accepts That "Market Share" of GNU/Linux May Have Doubled on Desktops and Laptops
GNU/Linux is definitely growing, and quite quickly in fact
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 11, 2026
IRC logs for Tuesday, August 11, 2026
Microsoft Layoffs and Shutdowns Continue This August, Morale Low, Employees Set Up Giant Inflatable Rat to Protest Against CEO
nothing demonstrates their anger better than what they did to the CEO
Gemini Links 12/08/2026: Sophomore Slump, Mandatory Phone Addiction, and Vintage Web Game Gallery
Links for the day
Summer Layoffs and 'Redundancies' (Cost-Cutting) at Microsoft and IBM
IBM is merely buying its revenue - an unsustainable strategy that aims to hide the company's rapid decline
Links 11/08/2026: Tensions South of China and Stingy "YouTube Doubles the Eligibility Requirements" (to Get Paid)
Links for the day
The Independent (UK) Today: "Independent candidate Daniel Pocock is concerned about media issues."
Let's see what results say around Friday
Gemini Links 11/08/2026: Stargate, Stargazer, Air-gapped Environments, and SystemVerilog Simulator
Links for the day
The Slop ('Linux') Foundation Celebrates 35 'Linux' Years a Week After GNU/Linux Turns 43
they'll keep on trying to change history
Keumars Afifi-Sabet Produces Useful, Informative Coverage Regarding Privacy
And it's good for Richard Stallman
Confirmed: Microsoft Layoffs in August 2026, Entire Operations Shut Down Too
Microsoft is just bleeding
Paying With Cash in 2026
Cash isn't going away. Not any time soon.
Blocking Tor Is Not a Solution, It's Paranoia
Tor is not a crime
Oligarchs and Their Footsoldiers Are Most Enthusiastically Loud About the Things They're Attacking
Like "Microsoft loves Linux"
FOSSY (SFC) Platforming GAFAM, Sells Endorsement
Houston, we have a problem here
Not Allowing Misogyny and Misogynists to Run the World
We stand with (and for) equality, justice, and freedom
"SPONSORED EXPLAINER" at The Register MS is Just More SPAM "Sponsored by HPE."
This is a great example of crap 'journalism'
IBM Won't Hire (or Hardly Hire) This Year
IBM is bluffing with buzzwords while shrinking out of existence and reducing salaries
SLAPP Censorship - Part 146 Out of 200: An Industry of Plagiarism, 'Normalised'
they pursue personal enrichment by stealing from Free software developers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 10, 2026
IRC logs for Monday, August 10, 2026
5.1k Capsules Known to Lupa, Gemini Protocol Crawler
If no limits (e.g. 10k max per capsule) were imposed on crawling, there would likely be millions of pages in the database
Gemini Links 11/08/2026: Waking Up Earlier, Whining About LLMs as Destructive Plagiarism
Links for the day
Links 11/08/2026: "The Enemy Is the Platform" and 'Vibe' 'Coding' Shown to be Little But Plagiarism
Links for the day