Bonum Certa Men Certa

New Reports Highlight Need to Crack Down on the European Patent Office and Microsoft

Van of police



Summary: Tax evasion loopholes, intervention in law-making (to authorise some abuses), so-called interrogation (allegedly illegal methods) and financial manipulations show commonality between the EPO and a seriously corrupt company (and special ally), Microsoft

ONLINE conversations about our most recent EPO coverage serve to show that these issues are being escalated (passed upwards) rather rapidly. Last night we wrote about pressure on the Dutch Prime Minister, which led to some prominent European voices talking about it [1, 2, 3]. One of them, Florian Müller, will "bring this up in a blog post soon," he wrote, "re. UPC/Unitary Patent."

"The EPO seriously needs to grasp that it is not above the law."Müller said that "the UPC's values will not be "technology based" but patent law-based..." (to maximise profit perhaps, but whose?)

Separately, on another occasion he wrote that "Blatterstelli has ZERO credibility with respect to SMEs, given his preferred (big) applicants scheme."

Three days ago he said, "I usually don't like such historical comparisons but the EPO is by far the most fascist entity in Munich since 1945." He was referring to a fact many people (especially politicians) don't really know -- that EPO hired from CRG ("British Blackwater" or their equivalent for intelligence gathering), along with the "interrogation" background that we covered here earlier this month [1, 2, 3, 4, 5, 6, 7]. The EPO seriously needs to grasp that it is not above the law. If it is, then it's likely just a temporary luxury due to some error in the way it was set up. International laws do apply and as long as the EPO is on planet Earth, there are rules it must obey, irrespective of its own convenience. It does not exist in a vacuum. It's not another Guantánamo.

"International laws do apply and as long as the EPO is on planet Earth, there are rules it must obey, irrespective of its own convenience. It does not exist in a vacuum. It's not another Guantánamo."The President of the FFII, in the mean time, explained that "a Hungarian company party to patent litigation will face heavy costs compared to the present situation," based on this UPC analysis which says: "Timing is everything, and a slim hope of winning a ‘grace period’ seems to have arisen in light of the UK referendum on EU membership. If the House of Lords approves the legislation, the referendum is expected to take place before the end of 2017. Of further interest is that, according to certain ad hoc legal advisers to the UK government in connection with the UPC Agreement, the treaty – which as it stands is a “political compromise” and is “not perfect” – is unlikely to be ratified before the referendum. Further, according to recent reports, speedy ratification of the UPC Agreement cannot be expected in Slovakia or the Czech Republic either."

The above comes from boosters of the patent system and its biggest maximalists, patent lawyers. Unlike large corporations, they cannot ever suffer from patents, under any circumstances; they're profiteers, like arms-manufacturing companies at times of war.

The threat that Europe might formally adopt software patents is greatly increased by the promotion of UPC, partly by the EPO itself (it is not supposed to be in the business of lobbying politicians and trying to change the law like that). The EPO is increasingly acting as though it's preparing for class war and wealth passage (much like 'trade' deals). It militarises itself and attacks even its critics from the outside (recall legal bullying of UPC critics). According to IP Kat: "The EPO President has now decided to stay all proceedings before examination or opposition divisions where the outcome depends entirely on the answers that the Enlarged Board may give in G 1/15" (we covered this earlier this month).

"The EPO is increasingly acting as though it’s preparing for class war and wealth passage (much like ‘trade’ deals)."How much abuse can the EPO be allowed to get away with? We're still waiting to find out the answer. Severe action by member states (mostly European nations) is necessary. It's well overdue.

Based on this explosive new piece from the German newspaper Spiegel, now we have financial manipulation using patents, as well. They call it "patent boxes." To quote some of the relevant parts: "In order to attract as much corporate money as possible into the country, his officials played around with tax models like "hybrid financial instruments" and, especially, so-called "patent boxes." Introduced in order to spur technological advancement, finance policy experts in Belgium, the Netherlands and Luxembourg led the pack in transforming tax advantages into an instrument allowing corporations to steer proceeds from patents or licenses to their Benelux subsidiaries in order to pay lower taxes there. Under the system, national subsidiaries of large corporations in countries with higher corporate tax rates would pay large patent and licensing fees to subsidiaries in lower tax countries. The system ensured that money got pumped into the government coffers of the Benelux countries, but it also put other EU countries at a disadvantage, in addition to the majority of small- and middle-sized businesses for whom such preferential treatment wouldn't even be considered. [...] The documents seen by SPIEGEL reveal that what EU agencies have long been denying, is in fact mass-scale cheating with the help of the tax law. Internal EU documents show how companies took advantage of patent boxes to simply sign their licenses, copyrights, patents or marketing rights over to their subsidiaries in Luxembourg or The Hague, allowing them to cash in on sweetheart corporate tax deals in those countries. It didn't matter whether the research had actually taken place in those nations, either. [...] Another consequence was that the patent box trick encouraged companies to cycle profits earned in other countries through Luxembourg or the Netherlands, a development that did not escape the notice of the working group. "Whereas low tax rates seem to influence the location of patents," a Commission paper notes, there is no proof that they influence "the location of research and development activities."

"One is the EPO and another is Microsoft. It should be surprising that these two are so close (a relationship almost incestuous in nature)."Creative avoidance of tax is something Microsoft has been renowned (or more appropriately notorious) for. The company has a long history of financial misconduct and silencing of whistleblowers who reveal financial fraud. Microsoft's financial situation is therefore largely misunderstood.

To quote this new piece from the New York Times (titled "Microsoft’s Stock Math: Fewer Shares, Pricier Shares"), "in achieving its current share price, Microsoft has engaged in stock buybacks" (as it was doing in the past). "For years now," the author reminds us, "Microsoft has been systematically buying back its shares" to artificially elevate the stock. Microsoft is just gaming the system to make it look as though things are OK. Our reader iophk told us: "Is this a way of repatriated money without tax?"

Microsoft's financial situation was never quite what it seemed and there have been many dead products (we stopped keeping track a few years ago) in recent years. Here is the latest casualty. To quote the news, "Gabe Aul, of Microsoft's Windows Insiders program, has confirmed on Twitter that Windows 10 will drop support for Windows Media Center due to a decline in usage. This is not surprising news as Microsoft has been deprecating the Media Center application for a while now. In Windows 8.x, the application required both the “Pro” SKU of the operating system, and then users needed to install an optional add-on above and beyond that. The Media Center Pack cost $10 over the price of Windows 8.x Pro unless you claimed a free license in the promotional period surrounding Windows 8's launch."

So, all in all what we are seeing here are two seemingly corrupt entities struggling for survival. One is the EPO and another is Microsoft. It should be surprising that these two are so close (a relationship almost incestuous in nature). The EPO's inseparability from corporate power should be a massive concern all across this continent and beyond it.

Comments

Recent Techrights' Posts

Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
Over at Tux Machines...
GNU/Linux news for the past 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
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
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day