Open source software as prior art in patent oppositions

The IPKat's friend Markus Hössle writes to tell him this:

"I read with interest Tufty's amicus submission to the EPO [cited with approval by Lord Hoffmann here] in respect of the European Patent Office president's referral in case G3/08.

You and your readers may be interested in six oppositions currently pending at the EPO. The opposed patents are those subject to the appeal decision T424/03 cited by the president in the referral. The patents in question are EP0717354, EP1028372, EP1028373, EP1028374, EP1028376 and EP1028377 ("Expanded Clipboard Formats") granted to Microsoft Corporation.

The principal ground for opposition is novelty and, interestingly, the prior art is open source software. These oppositions may also be of interest to the open source community who may make observations to the EPO under Article 115 EPC".

Neat summary of G3/08 here
Full list of amiucus briefs on G3/08 here