Bonum Certa Men Certa

General Electric Joins Microsoft's Fight Against Free Software

Europe's software patents cartel is rearmed

General Electric



Summary: Another look at the TomTom/FAT case, GE's new role in Europe, and growing opposition to software patents

ACCORDING TO this report, General Electric has joined a group of American lobbyists who are trying to impose American software patents upon Europe. Red Hat is the exception [PDF].

Microsoft has teamed with General Electric to petition European regulators on a fundamental principle that will continue to drive a wedge between the company and open source supporters.

The duo filed an amicus brief arguing that regulators should believe in the existence of patents in software and that these patents should then be enforceable in European Union courts.


This article comes from a Linux-hostile person and it actually stirs things up using FAT patents. Over in Europe, TomTom paid less than €500,000 to Microsoft. The laws in Holland are worth learning in order to understand the cause, but basically, what Microsoft wanted from the TomTom case is PR. And indeed, the company issued a press release to celebrate this settlement at the time, so right now it must be going from door to door waiving it and demanding money for the Linux kernel. That's why OIN has responded and Linux developers are already working around the patents.

“...Microsoft wanted to keep this number under the radar (out of the public eye) and that's why they asked for less than €500,000.”In reality, given the nature and scale of the case, €500,000 is a very meager amount, so Microsoft will not want it to be publicly known. We have it confirmed that Microsoft wanted to keep this number under the radar (out of the public eye) and that's why they asked for less than €500,000. It has something to do with Dutch law (tax in particular). Can any of our Dutch readers look into this?

To say more about Europe, patent filings are falling there as well (just like in the United States). It's a reason to be delighted because patents merely restrict research and development. They promote immovable monopolies that are nothing to be jubilant about unless you work for Philips or Siemens or SAP. They too are lobbyists for more patents simply because they are in a position where they can elbow competition out of their way.

Preliminary figures from the European Patent Office (EPO) reveal that the number of applications for new patents is down 7% in the first two months of 2009. This is the first reduction in patent applications in over a decade, sparking fears that Europe's knowledge economy is under threat.


As the deadline for submission to the EBoA is reached, a few more reports trickle in. From those who are in favour of software patents (lawyers of course):

Of these, some are very interesting, some are fairly pedestrian, some are horribly wordy and full of legal 'analysis', footnotes and references, some are fairly predictable ill-informed anti-patent rants, while others are merely irrelevant. The IPKat (who still can't see what on Earth TRIPs has to do with the EPO) will let his readers decide which are which.


More from the same source: [via Digital Majority]

There have also been problems in the UK, where the Intellectual Property Office has issued four different Practice Notices relating to computer-implemented inventions in the last five years. CIPA is not in favour of such frequent changes, as patents have a lifetime of up to twenty years.


The EBoA (for EPO) is also receiving some more hostile responses.

(B) IF QUESTION 2 (A) IS ANSWERED IN THE NEGATIVE, IS A FURTHER TECHNICAL EFFECT NECESSARY TO AVOID EXCLUSION, SAID EFFECT GOING BEYOND THOSE EFFECTS INHERENT IN THE USE OF A COMPUTER OR DATA STORAGE MEDIUM TO RESPECTIVELY EXECUTE OR STORE A COMPUTER PROGRAM?

Congratulations. That is more creative for circumventing the law.


IBM may be fighting to protect Linux from FAT (c/f first report), but it is by no means opposed to software patenting. Being a veteran monopoly, it sticks to diplomacy and keeps quiet about it while patenting a whole load of rubbish. Latest example:

theodp writes "In 2006, IBM boasted it was 'holding itself to a higher standard than any law requires because it's urgent that patent quality is improved.' On Thursday, the USPTO revealed that IBM was seeking a patent for Controlling and Using Virtual Universe Wish Lists. The product of six IBM inventors, Big Blue explained that a 'virtual wish list device determines an item in a virtual universe that is desired by an avatar.' Led by Chief Avatar Sam Palmisano, IBM is still drinking the virtual world Kool-Aid, dropping $80,000 to host a recent Second Life-based conference for 200 or so members of the IBM Academy of Technology. IBM indicated the virtual venue was chosen to avoid sending 'the wrong kind of message' (pdf) that something like a $400,000 real-world meeting might send during troubled economic times."


IBM must realise that its patent hypocrisy is not helping GNU/Linux. It ought to show some determination to exterminate barriers to Free software; and not just about Linux, of which it is a prominent user.

"IBM's patent department is actively lobbying Europe to legalise software patents. They have invested millions in fighting example cases to leading European lawcourts such as the EPO's Technical Boards of Appeal and the German Federal Court in order to soften and eventually remove European restrictions on patenting software. They have also threatened European politicians that IBM might close down local facilities if software patents are not legalised in Europe. IBM has also prevented the US government from conducting studies on the value of software patents for the national economy. In the wake of the Opensource hype, IBM's rhetoric has become relatively moderate, but nonetheless it is supported by real pressure. IBM has acquired approximately 1000 European software patents whose legal status is currently unclear. Given the great number of software patents in IBM's hands, IBM is one of the few software companies who may have a genuine interest in software patentability. Once software patents become assertable in Europe, an IBM tax of several billion EUR per year may be levied on European software companies." [Read more]

Comments

Recent Techrights' Posts

Links 28/03/2024: GAFAM Replacing Full-Time Workers With Interns Now
Links for the day
Consent & Debian's illegitimate constitution
Reprinted with permission from Daniel Pocock
The Time Our Server Host Died in a Car Accident
If Debian has internal problems, then they need to be illuminated and then tackled, at the very least in order to ensure we do not end up with "Deadian"
China's New 'IT' Rules Are a Massive Headache for Microsoft
On the issue of China we're neutral except when it comes to human rights issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 27, 2024
IRC logs for Wednesday, March 27, 2024
WeMakeFedora.org: harassment decision, victory for volunteers and Fedora Foundations
Reprinted with permission from Daniel Pocock
Links 27/03/2024: Terrorism Grows in Africa, Unemployment in Finland Rose Sharply in a Year, Chinese Aggression Escalates
Links for the day
Links 27/03/2024: Ericsson and Tencent Layoffs
Links for the day
Amid Online Reports of XBox Sales Collapsing, Mass Layoffs in More Teams, and Windows Making Things Worse (Admission of Losses, Rumours About XBox Canceled as a Hardware Unit)...
Windows has loads of issues, also as a gaming platform
Links 27/03/2024: BBC Resorts to CG Cruft, Akamai Blocking Blunders in Piracy Shield
Links for the day
Android Approaches 90% of the Operating Systems Market in Chad (Windows Down From 99.5% 15 Years Ago to Just 2.5% Right Now)
Windows is down to about 2% on the Web-connected client side as measured by statCounter
Sainsbury's: Let Them Eat Yoghurts (and Microsoft Downtimes When They Need Proper Food)
a social control media 'scandal' this week
IRC Proceedings: Tuesday, March 26, 2024
IRC logs for Tuesday, March 26, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Windows/Client at Microsoft Falling Sharply (Well Over 10% Decline Every Quarter), So For His Next Trick the Ponzi in Chief Merges Units, Spices Everything Up With "AI"
Hiding the steep decline of Windows/Client at Microsoft?
Free technology in housing and construction
Reprinted with permission from Daniel Pocock
We Need Open Standards With Free Software Implementations, Not "Interoperability" Alone
Sadly we're confronting misguided managers and a bunch of clowns trying to herd us all - sometimes without consent - into "clown computing"
Microsoft's Collapse in the Web Server Space Continued This Month
Microsoft is the "2%", just like Windows in some countries
Links 26/03/2024: Inflation Problems, Strikes in Finland
Links for the day
Gemini Links 26/03/2024: Losing Children, Carbon Tax Discussed
Links for the day
Mark Shuttleworth resigns from Debian: volunteer suicide and Albania questions unanswered, mass resignations continue
Reprinted with permission from Daniel Pocock
Links 26/03/2024: 6,000 Layoffs at Dell, Microsoft “XBox is in Real Trouble as a Hardware Manufacturer”
Links for the day
Gemini Links 26/03/2024: Microsofters Still Trying to 'Extend' Gemini Protocol
Links for the day
Look What IBM's Red Hat is Turning CentOS Into
For 17 years our site ran on CentOS. Thankfully we're done with that...
The Julian Paul Assange Verdict: The High Court Has Granted Assange Leave to Appeal Extradition to the United States, Decision Adjourned to May 20th Pending Assurances
The decision is out
The Microsoft and Apple Antitrust Issues Have Some But Not Many Commonalities
gist of the comparison to Microsoft
ZDNet, Sponsored by Microsoft for Paid-for Propaganda (in 'Article' Clothing), Has Added Pop-Up or Overlay to All Pages, Saying "813 Partners Will Store and Access Information on Your Device"
Avoiding ZDNet may become imperative given what it has turned into
Julian Assange Verdict 3 Hours Away
Their decision is due to be published at 1030 GMT
People Who Cover Suicide Aren't Suicidal
Assange didn't just "deteriorate". This deterioration was involuntary and very much imposed upon him.
Overworking Kills
The body usually (but not always) knows best
Former Red Hat Chief (CEO), Who Decided to Leave the Company Earlier This Month, Talks About "Cloud Company Red Hat" to CNBC
shows a lack of foresight and dependence on buzzwords
IRC Proceedings: Monday, March 25, 2024
IRC logs for Monday, March 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Discord Does Not Make Money, It's Spying on People and Selling Data/Control (38% is Allegedly Controlled by the Communist Party of China)
a considerable share exists
In At Least Two Nations Windows is Now Measured at 2% "Market Share" (Microsoft Really Does Not Want People to Notice That)
Ignore the mindless "AI"-washing
Internet Relay Chat (IRC) Still Has Hundreds of Thousands of Simultaneously-Online Unique Users
The scale of IRC