Bonum Certa Men Certa

Failure of the EPO Can Derail the Trojan Horse of Software Patents and Patent Trolls

Benoit Battistelli



Summary: Dazzled by his endless pursuit of infinite money and power, Battistelli pushes for expansion of patent scope (geographically too), but he won't have it without a challenge

OUR recent posts about the EPO have had a profound impact and management of the EPO paid attention. We know this for a fact. Long-term readers of this site already know that we have a grudge not just because of abuses at the EPO but also a rogue agenda, which includes expansion of patent scope well beyond what is reasonable. The same goes for geographical expansion, transcending even Europe's borders (see yesterday's announcement titled "Morocco recognises European patents as national patents"). It's like the military industrial complex in the patent sense, seeking to create itself more business; instead of promoting fear of terrorism to make money from, the EPO is promoting fear of lack of "protection" (as in protectionism) and other such stuff. It's quite a coup d'état.



Several years ago we highlighted the possibility that Europe was opening its doors to patent trolls. A new report estimates that the U.S. economy lost $80 billion to patent troll lawsuits, so the last thing we need right now in the same in Europe. to quote the new report from a few days ago: "The American Hotel & Lodging Association (AH&LA), the sole national association representing all segments of the 1.8 million-employee lodging industry, today announced the formation of a coalition, United for Patent Reform. The broad-based coalition is designed to battle “patent trolls,” entities that use predatory legal tactics to sue for patent infringement. AH&LA is joined by a number of groups from the hospitality, retail, technology and construction-based industries, among others.

"This morning, the new coalition sent a letter to Leaders in Congress and Members of the Judiciary Committees in the U.S. House and Senate outlining the principles strong patent reform legislation should include. A copy of that letter is attached to this release."

"What Europe needs is sharing, not protectionism."In order to stop the plague of patent trolls, which usually use software patents, we need to keep the EPO in check. Like the military industrial complex, left unchecked it would expand infinitely and seek ways to justify this expansion, even to the point of costing trillions of dollars (in national debts, risking austerity everywhere). What Europe needs is sharing, not protectionism. The latter only serves few powerful corporations and makes them even stronger. It is a threat to democracy itself. Just watch the distribution of patents at the EPO; it doesn't serve the "little guy" (or gal) but the rich and powerful.

Linux-backing players are increasingly dominant, but they face patent risk and are trying to embrace patents to defend against those who hoard patents (e.g. Nortel's and Novell's) to damage or tax the competition's products, even in Europe where software patents are informally invalid. Nevertheless, EPO management, as corrupt as it has become, tries to legitimise software patents, e.g. with the unitary patent that we wrote about in past years. Here are some older articles of ours:



According to a new Unitary Patent analysis [PDF] from Ingve, an attorney at law from Düsseldorf (Germany), the recent chaos at the EPO may play a considerable role. Ingve is practicing in the area of patent litigation and he regularly writes about the Unitary Patent, so he should know. "I follow closely your blog posts," he wrote, "on the developments at the EPO."

"I thought you might find it interesting," he wrote to us, "keep up your good work!"

Even those who are in the patent business seek to stop the 'patent industrial complex' where they see it as threatening to the legitimacy of the EPO. Battistelli is extremely unpopular in many quarters, even among his staff, stakeholders, and fellow Frenchmen.

Recent Techrights' Posts

FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
 
Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day