Bonum Certa Men Certa

EPO and the Swiss Department of Justice Want to Make Some Free Software a Crime

Mobility



Summary: Criminalisation of Free(dom) software still on Europe's agenda due to patent law and cybercrime debate

NOW THAT the president of the EPO resigns, voices of dissent will have more ammunition with which to show that the EPO is heading the wrong way. As one person puts it, the EPO is just putting lipstick on an old pig that got rejected and it also permits patents (i.e. monopolies) on real pigs in the process.

Do you remember Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs? The Directive which requires EU members to protect computer programs as literary works and to provide for interoperability, decompilation and the making of back-up copies? Well, it is being repealed and re-enacted in consolidated form because a sufficient number of amendments have been made to it. It has now become Directive 2009/24/EC of 23 April 2009 on the legal protection of computer programs.


This law essentially forbids the distribution of Free software, making it illegal by imposition of scarcity on ideas (not implementation, which is already covered by copyrights quite successfully).

Glyn Moody highlights a response from the FSFE and in another writeup he discusses the silliness of it all, alluding to Alison Brimelow's "as such" trickery.

As readers of this blog will know, software cannot be patented in Europe “as such”; quite what that wretched “as such” means is the subject of major arguments. As I noted earlier this week, the European Patent Office is currently conducting a consultation into that and much else concerning the patentability of software, to which it is relatively well disposed.


Mike Masnick weighed in on the same topic, namely the phasing in of software patents via the UK (where Brimelow is from).

Rather than just saying "uh, the courts said so," it claims that it allowed the patent because it's "more than just a software program," saying that the invention was a "technical contribution." Apparently, the new rules mean that as long as software makes a "technical contribution" it can be patented. But... uh... what software doesn't make a "technical contribution" of some sort


Speaking of software patents, here is another attempt to use laws to criminalise some Free software (as if law alone will actually prevent possession of binaries and code rather than just daemonise it).

The Federal Department of Justice and Police recently proposed to introduce legislation illegalizing so-called €«hacker tools€» in Switzerland as well. However, the proposed paragraph deviates massively from the original European cybercrime convention which it attempts to implement. Consequently, the legislation would not only outlaw €«hacker tools€» which can be used only by evildoers breaking into other people’s machines without permission, but in fact any type of tool used to test or ensure system security (such as Nessus, Metasploit, or even simple administrative tools used for network debugging, such as tcpdump, snoop or wireshark).


It's already 'enforced' in the UK and Germany. To be sarcastic, cybercriminals will surely be terrified by the thought of just possessing 0s and 1s, never mind the actual crime that they commit.

As DRM teaches, policing this is impossible and it only ever harms the innocent. Cybercriminals don't obey laws pertaining to neither conduct nor possession; that's what makes them criminals in the first place.

Recent Techrights' Posts

Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024