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Comment Re:Translations should still be required (Score 4, Informative) 42

For the swedish case, it is even worse, as Sweden already ratified, and the only language of the regional court will be english only. Meaning that a swedish company accused in court will have to hire a translator. And patents will only be available in english of course, translations in swedish will be made "non-legally binding" bu the unipat.

Submission + - Unitary Software Patent challenged at the Belgian Constitutional Court (

zoobab writes: The Unitary Patent for Europe is being challenged at the Belgian Constitutional Court. One of the plaintiffs, Benjamin Henrion, is a fifteen-year campaigner against software patents in Europe. He says: "The Unitary Patent is the third major attempt to legalize software patents in Europe. The captive European Patent Court will become the Eastern District of Texas when it comes to software patent disputes in Europe. As happened in America, the concentration of power will force up legal costs, punish small European companies, and benefit large patent holders."

Submission + - RedHat celebrates AMQP/1.0 release with new patent ( 6

pieterh writes: "One day before the "Advanced Message Queuing Protocol" AMQP/1.0 becomes an OASIS standard, Red Hat secures
patent number 8,301,595, for accessing an LDAP server over AMQP. In January 2008 I provided to the AMQP Working Group, including Red Hat, the Digest-AMQP spec, "a way to integrate WWW servers and LDAP servers over an AMQP network." Here's the GitHub repository. Red Hat's patent 8,301,595 was filed two and a half years later, on June 14, 2010. In 2009 I wrote about another Red Hat patent on AMQP. That time, Red Hat said required patents would be made available royalty-free, but then as now, the patent was not on the standard but of a common use around it."


Submission + - European Parliament to exclude free software with FRAND writes: The European Parliament is on the verge to adopt a directive about reform of standards, reform which would introduce FRAND patent licensing terms (fair, reasonable and non-discriminatory), an undefined term which has been a direct attack on the fundamental principles of Free and Open source software. The Business Software Alliance (BSA) has been very active before the European Commission proposed the text on trying to get FRAND terms inside the text.

Submission + - EU central court could validate software patents (

protoshell writes: "Software patents in Europe could be validated with a central patent court", warns Richard Stallman in an article published in the Guardian. After the rejection of the software patent directive in 2005, large companies has shifted their lobbying towards the validation of software patents in Europe through a central patent court, which is foreseen with the Unitary Patent project. Even if the European Patent Convention literally excludes software from patents, the European Patent Office and the German courts interprets the exclusion narrowly, which makes software patents valid at the end.

Comment Re:Stop Using that Term (Score 1) 179

"How exactly is German case law relevant here?"

German judges are the number one candidates to populate such european courts. There is now a series of decisions in Germany, notably the Siemens document generation patent, which has abolished the exclusion of software patents in DE:

"The relevant case law is the case law of the boards of appeal of the EPO"

Administrative tribunals run by patent examiners without a law degree do not produce case law.

"why should a software engineer be privileged over an electrical engineer"

Because software authors write code, and deserve freedom of expression.

The EPO invented the term "computer implemented invention" in the late nineties because they knew that the Berne Convention was already protecting "computer programs" as literary works.

Authors are spoiled from the right to benefit of the fruits of their work.

As far as I know, electrical engineers have to deal with physical forces and all that, not with a text editor.

Comment Re:./, I'm disappointed (Score 1) 179

"It's not linked to software patents"

Of course it is linked, do you really believe that they wont file any software patent in the field of "Information and Communication Technologies":

"Le domaine d’intervention prioritaire du fonds sera dans un premier temps les nouvelles technologies de l’information et de la communication"

Maybe they will stick themselves to resistors and hardware, but it is obvious that 95% of patents in "ICT" are now software.

Comment Re:Stop Using that Term (Score 1) 179

"Someone please explain to me how the Unitary patent is a push towards software patents"

Thats very simple, take the German case law and make it the default for the whole of Europe.

"why software patents are a bad thing"

Because it is insane to ask authors to check zillion of claims before being able to write a piece of code.


Submission + - France to launch a national patent troll ( 2

zoobab writes: "France is creating a state sponsored patent fund, FranceBrevets, which primary focus will be to sponsor, acquire and license patents in the ICT (read software patents) sector. The patent fund is at the initiative of the minister of Research, Valérie Pécresse, the Ministry of Industry, Energy and digital economy, Eric Besson. The primary target of the fund is to collect licenses on those patents, which is already seen in France as the biggest patent troll of the country. France is also supporting the European Unitary Patent, which is seen by many at the final attempt to validate software patents in Europe."

Submission + - "No Power for the Parliament" warns EPO examiners 2

zoobab writes: The Staff Union of the EPO (SUEPO) sent a letter to the President of the European Parliament, Jerzy Buzek, warning of risks for the European Parliament to be "circumvented" as a legislator when the EU will accede to the European Patent Convention (EPC). The European Patent Organisation is everything except a model of democracy: national patent offices are in power, there is no parliament involved in the decision making process, and diplomatic conferences are held behind closed doors. There are plans to create a central patent court in Europe, which would operate in a democratic vacuum, as it would not be counterbalanced by any legislative assembly, let alone the European Parliament. Such central patent court could also validate software patents via caselaw (as it was recently done with the Microsoft FAT patent by the German Supreme Court), and Microsoft, IBM or SAP are lobbying in Brussels not to reopen the software patent directive.

What this country needs is a dime that will buy a good five-cent bagel.