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Unitary patent and software patents: a case study

Submitted by jtadeusz on 5 octobre, 2011 - 16:07
in

In August, 2011, a Dutch court ruled that some Android smartphones violated a patent owned by Apple and therefore Glaxy S, S II and Ace smartphones were prohibited from being sold on the Dutch market 1.

Unitary patent : join us against software patents

Submitted by fcouchet on 14 September, 2011 - 10:26
in

The unitary patent is coming hot upon us this fall, with the European Parliament vote on a regulation.

Sign and relay the declaration of use of Free Software

Submitted by mchauvet on 1 September, 2011 - 22:41
in

[Translator's note]
During the elective periods when either the French President, the French Parliament, the French Senate or the French regional or local authorities are renewed, April offers through its "Candidats.fr" initiative the possibility to candidates to sign a statement indicating that they intend to defend and promote Free Software. In light of this experience, April has decided to extend this initiative and offer to individuals (as opposed to candidates) to sign a statement indicating that they use Free Software, in order to demonstrate their support for this cause.

Patents in Europe: Barnier's mess

Submitted by mchauvet on 25 juin, 2011 - 16:48
in

On March 10th 2011, the Commission and the Council of the European Union rejoiced in a press release about the decision taken in the morning by the Council, to authorize "an enhanced cooperation among Member States for the creation of a unitary patent title". But these fine statements were shattered by the next press conference: questions from a couple of reporters regarding a decision from the Court of Justice of the European Union on the very same subject embarrassed, at the very least, Commissioner Barnier. The deciphering of this Council meeting gives us the opportunity to explain this complex but essential issue in the fight against software patents, in which April is engaged.

Civil Society Statement to the e-G8 and G8

Submitted by jtadeusz on 23 mai, 2011 - 16:30
in

Civil society representatives working towards the promotion of internet freedom, digital rights and open communications have sent on May 23rd, 2011 a joint statement to the "e-G8 forum" for the defence of a free and open Internet.

Microsoft/European Commission negotiate the purchase of licenses: Do as I say, not as I do

Submitted by jtadeusz on 15 avril, 2011 - 15:36
in

At the beginning of April, 2011, the European Commission confirmed it was negotiating with Microsoft to purchase licenses for the operating systems of 36.000 workstations, without any public tendering. April regrets a missed chance to improve the diversification of IT suppliers and to limit the lock-in in a given technology, though these principles were called for by the Commission itself.

The European Court of justice sends EU patent back to the drawing board

Submitted by gsedrati-dinet on 24 mars, 2011 - 00:25
in

Research Europe magazine has published on March 24th, 2011 a paper by Gérald Sédrati-Dinet, voluntary counsel at April on patents, on the recent events concerning patents in Europe.

26 Free Software to be discovered

Submitted by mchauvet on 23 mars, 2011 - 23:00
in

April publishes a catalogue on Free Software called "Free Catalogue: 26 free software to be discovered". The stake of this guide is twofold. On the one hand, it introduces free software corresponding to everyday uses of the computer, for example: "play a video" in reference to the famous VLC media player. On the other hand, the catalogue was written in a perspective of promotion, its content is enhanced with series of texts, detailing the stakes related to free software and other pertaining subjects.

The European Court of Justice smashes the unified jurisdiction on unitary patent

Submitted by jtadeusz on 11 mars, 2011 - 18:56
in

Paris, March 11st, 2011. Press release.

On March 8th 2011, the Court of Justice of European Union (CJEU) has published an opinion emphasizing the illegality of the proposal for a unified jurisdiction on patents which is currently discussed by the European Union. April welcomes this clear, concise and accurate decision, which strongly reasserts basic principles of law. The French association also points out1 that the European Court of Justice uses many points raised by April during the debates on the unitary patent, casting doubt on the enhanced cooperation on the unitary patent. The European Parliament's vote in February and the Commission's assertion of a successful unity on this matter appear to be only a giant with feet of clay.

Analysis of the opinion from the European Court of Justice on the unified Patent Court

Submitted by jtadeusz on 11 mars, 2011 - 12:33
in

On March 8th 2011, the Court of Justice of the European Union (CJEU) published its opinion on the compliance of the Patent Court (PC) draft agreement with European Union (EU) Treaties. This opinion was long-awaited for: the setting up of an unified jurisdiction is a pillar of the unitary patent currently discussed in Brussels. As April expected, the CJEU curtly axed the project, underlining its incompatibility with the EU basic principles.

Creation of DISIC: the interoperability principle has fallen prey to a sleight of hand

Submitted by mchauvet on 5 mars, 2011 - 19:04
in

Paris, March 4th, 2011. Press release.

On February 21st, 2011 a decree created the Interdepartmental Directorate for ICT (DISIC). April, which had sent its contribution, is delighted and congratulates Jérôme Filippini for his appointment as person in charge. This makes even more incomprehensible the second part of the decree, which removes without explanation the interoperability of the State's IT.

The European Parliament stubbornly pushes forward the enhanced cooperation on unitary patent

Submitted by jtadeusz on 17 février, 2011 - 11:53
in

On Tuesday, February 15th, 2011, the European Parliament voted in favour of an enhanced cooperation on the unitary patent. April regrets a hasty decision-making process, taking place while the real issues have not been dealt with during the debates.

The threat of the unitary patent: an open letter to the Members of the European Parliament

Submitted by gsedrati-dinet on 6 février, 2011 - 16:17
in

Paris/ Brussels, 1st February 2011. Press release.

April, End Software Patents and the Foundation for a Free Information Infrastructure (FFII) sent, on 27th January 2011, a joint open letter to all Members of the European Parliament to express their concerns regarding the proposal for enhanced cooperation on the unitary patent, and asking them to postpone the vote until the European Court of Justice publishes its opinion regarding compatibility with the EU treaties.

Rationale to postpone enhanced cooperation on unitary patent after ECJ opinion

Submitted by gsedrati-dinet on 6 février, 2011 - 00:23
in

In addition to an open letter1 sent to all Members of European Parliament2, April publishes a rationale to explain why European Parliament should postpone its vote to accept or reject an enhanced cooperation with regard to the unitary patent3 until the European Court of Justice (ECJ) has released its opinion.

Introduction on European Parliament's works concerning an enhanced cooperation on unitary patent

Submitted by gsedrati-dinet on 5 février, 2011 - 11:50
in

On Thursday, January 27th 2011, the European Parliament Legal Affairs committee gave its consent to an enhanced cooperation procedure on the unitary patent. This was just the first step towards the approval of the procedure, which needs to happen during a plenary session, which should be followed by a regulation from Council and Parliament.

More patents, less democracy: the unitary patent strikes back in the European Parliament

Submitted by jtadeusz on 26 janvier, 2011 - 11:59
in

The patent issue is back on the European stage with the examination on Thursday, January 20th 2011 by the JURI committee1 of an enhanced cooperation project. Such a project would allow a few countries to decide all on their own of a new unitary patent which would escape all democratic control. Such a project entails many risks, like the reintroduction of software patents.

  • 1. Committee on Legal Affairs of the European Parliament

EU Commission moving away from interoperability for European public services.

Submitted by jtadeusz on 21 décembre, 2010 - 12:30
in

Paris, December 20th, 2010. Press release.

The European Commission released on December 16th, 2010 its communication relative to its "Interoperability Strategy and Framework for public services". This document is carrying on an unacceptable reversal on interoperability issues, and ratifies the disappearance of open standards, which were already threatened by the Digital Agenda for Europe.

Public procurements: April is tackling the issue of illegal public procurement of computers

Submitted by jtadeusz on 10 décembre, 2010 - 13:33
in

Paris, november 18th, 2010. Press release

Some calls for tenders in public procurement for computer software and hardware explicitly exclude Free Software by demanding proprietary technologies. Such tenders are illegal and discriminatory. That is why April, in accordance with its mission of promotion and defense of Free Software, is tackling this issue via an awareness campaign targeted to public buyers.

New version of ACTA: the one certainty is the restriction of our freedoms

Submitted by jtadeusz on 27 octobre, 2010 - 11:54
in

The latest version of ACTA, the “anti-counterfeiting” trade agreement, has just been published. These secret negotiations have produced a set of unacceptable measures. April is therefore calling for France and Europe to walk away from these inside arrangements which are perverting the very fabric of democracy and of our freedoms.

April welcomes the Document Foundation launched by the OpenOffice.org community

Submitted by jtadeusz on 4 octobre, 2010 - 16:26
in

On September 28th, 2010 the OpenOffice.org community of volunteers announced they were setting up a foundation to drive the future growth of the project (see the presse release).

ACTA hanging on a camembert ?

Submitted by jtadeusz on 13 September, 2010 - 19:13
in

Common Press Release Act Up-Paris, April and La Quadrature du Net.

Paris, September 13th, 2010 — The representatives of Act Up-Paris, April and La Quadrature du Net met on September 10th with one of the French officials in charge of the ACTA negotiations. Strong concerns remain regarding the way this anti-Counterfeiting agreement is bypassing democratic processes. Whether it is access to medicines in poor countries, free communication on the Internet or the protection of Free software, the recent modifications to the text don't change anything to the dangerous nature of ACTA. Ironically, the hopes to see this illegitimate agreement rejected now depend on the ability of the European Union to defend its camembert, its parmesan and its champagne...

ACTA: the US and the European Commission launch an attack on Free Software

Submitted by jtadeusz on 8 September, 2010 - 13:26
in

Through its adoption on Wednesday, September 8th, 2010 of the Written Declaration 12/2010, the European Parliament has taken a stand against ACTA, the "anti-counterfeiting" trade agreement. This agreement, negotiated in secret by the European Commission, is an attack against Free Software. As the debate in plenary session with president Barroso is about to take place, April calls for the MEPs to act by asking for the UE to leave the negotiation table in the name of freedom and democracy. Indeed, a leaked version of the text, dated August 25th indicates that the agreement that is currently being finalized would still threaten Free Software users and authors: by strengthening the part on DRM, the agreement would impose and lock some kind of "super-DADVSI" regulation.

The European Commission launches two formal investigations for bundled sales and abuse of dominant position

Submitted by jtadeusz on 12 août, 2010 - 16:21
in

On Monday, July 26th, 2010, the European Commission published a press release annoucing it was launching two formal investigations against IBM, whom it suspects of illegal bundling and abuse of dominant position.

Widespread in the computer field, illegal bundled sale refers to the tying of the sale of a good or service (computer hardware for instance) to the purchase of another good or service (for instance computer software) 1.

With this proceedings, the European Commission starts to tackle this issue, which encourages antitrust practices, limits competition and penalizes the free software sector. Such practices are widely spread, both over professional and mass markets: it is time for the Commision to act upon this topic, especially compared to the French authorities' idleness.

  • 1. In this instance, the sale of software is subjected to the purchase of hardware: to get the software, one has to buy the hardware as well

April's contribution to the European Commission's consultation on its strategy for Europe towards 2020

Submitted by mchauvet on 3 juillet, 2010 - 22:36
in

April answered the consultation of the European Commission on its strategy for Europe towards 2020.

you will find below April's answer:

ACTA calls to urgently rethink patents and copyright (open letter)

Submitted by april on 1 juillet, 2010 - 18:02
in

Paris, July 1, 2010 - Open letter

The 9th round of the Anti-Counterfeiting Trade Agreement (ACTA) negotiations just ended in Luzern, Switzerland.

Bilski case: the United States starts to clean the software patents minefield

Submitted by jtadeusz on 30 juin, 2010 - 10:53
in

Paris June 28th. Press release.

The US Supreme Court has issued on Monday a ruling that many people had been waiting for in the so-called "Bilski" case1, regarding a patent on a business method. This decision, even though it does not exclude every software from patentability, invalidates a majority of them, including those patents on computer implemented intellectual methods. It is now time for European lawmakers to halt software patents' proliferation in Europe.

  • 1. This case is about a patent by Bernard Bilski and Rand Warsaw, relating to a method that helps how to protect or hedge against the risk of prince changes for commodities buyers and sellers in the energy market. The patent claim was rejected by both the US Patent Office and the Court of Appeal of the Federal Circuit, on the grounds that it only merely solves a purely mathematical problem without any limitation to a practical application. See the documentary "Patent Absurdity" for more details.

In the ACTA poker, repression is exported

Submitted by ofraysse on 26 juin, 2010 - 17:27
in

Paris, June 26th 2010 - Spokespersons for La Quadrature du Net and April met the French negotiators of ACTA a few days ahead of the next negotiation round of this anti-counterfeiting agreement. No satisfactory answer was given on crucial questions of interoperability and provisions aiming at transforming the technical intermediaries of the Net in a private copyright police.

EU Commissioner Neelie Kroes reaffirms the importance of interoperability and open standards

Submitted by jtadeusz on 17 juin, 2010 - 14:39
in

Vice-President of the European Commission in charge of the Digital Agenda Neelie Kroes gave a speech on open standards and interoperability during Open Forum Europe 2010 in Brussels on Thursday, June 10th 2010.

Declaration of Grenada: towards interoperability and open standards in the e-administration.

Submitted by mchauvet on 23 mai, 2010 - 23:26
in

Paris, April 21st 2010. Press release.

The European ministers in charge of telecommunications and of the information society have met in Granada around the commissary Neelie Kroes. On Monday the 19th of April 2010, they have reaffirmed the important of open standards and interoperability in the development of the digital administration. April supports these declaration but it also underlines the fact that more than ever it is necessary to consolidate these principles within the European Interoperability Framework (EIF 2.0).

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