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

IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026