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

[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year
 
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Gemini Links 10/05/2024: Love Is Infinite and Books vs Internet
Links for the day
Links 10/05/2024: Fears Over TSMC, Microsoft Loses Major Patent Case
Links for the day
Links 10/05/2024: Burner Phones in 6-Eyes Government, “Hatred and Demonization” on the Rise
Links for the day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day