EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

10.31.07

It’s Not Over in Europe; WIPO Wants Some More Open Source Whipping

Posted in America, Europe, Intellectual Monopoly, Microsoft, Patents, Samba, Steve Ballmer at 7:44 pm by Dr. Roy Schestowitz

Making a change while still you can

There’s a bit bundle of news pertaining to patents. Here is a quick summary.

Many thanks to an anonymous reader for pointing out the following thread: Open Source != GPL

The thread may be very valuable for future reference covering the EC-Microsoft agreement [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. The reader points out: “If you read up to the end, there yet seems to be some hope that the DG would not accept the Microsoft’s conditions.” He then adds that it is important that we continue to stress points which we so regularly repeat. “It is now precisely when we must keep denouncing the monopoly’s maneuvers and spreading the word in order to raise awareness of the issue,” he concludes.

Mind the following text:

Posted Oct 24, 2007 22:58 UTC (Wed) by rahvin (guest, #16953)
In reply to: Open Source != GPL by dmantione
Parent article: FFII: EU tells open source to start paying MS patent tax

The deal was negotiated in a back room with no presence of any of the plantiffs, of which SAMBA is the sole remaining. This was a brokered deal between Balmer and an EU politico. The license that has already been released requires the patent license to get the interoperability info, you can’t disclose source and you around bound to audits and other incomprehensible terms that completely exclude GPL software.

The EU Politico that negotiated the “settlement” bent over and snatched defeat from victory while listening to the soft promises of Steve Balmer. Just like the US anti-trust was destroyed by political involvement so was the EU case. Mark my words, Samba will issue a statement saying the settlement offers them nothing.

[...]

There is no “deal” or “settlement” in the sense of a document with a signature of Mrs. Kroes below it. There is a “verdict” from DG Competition, and a “verdict” from the EU Court of First Instance, which
requires Microsoft to publish interoperability information, not patent licenses.

Now:
* DG Competition interprets providing the “information” to competitors means any competitors, including open source competitors. Therefore open source compatible terms.
* DG Competition interprets tying patent licenses with the purchase of the “information” as not complying with the verdict, especially as DG Competition considers the Microsoft protocols not innovative, and
therefore has serious doubts on the validity of the patents. However, are outside the scope of the “verdict”.
* As the current situation is Microsoft has agreed with this interpretation. DG Competition has not agreed with Microsofts terms (as of yet).

Elsewhere, in Canada, WIPO seems to be doing its old routine, essentially trying to impose US-style IP laws on the rest of the world. This has not escaped the wrath of the open source community in that area.

The Canadian government’s affirmation for copyright reform in this month’s throne speech could have implications on technological innovation as well as the open source community, according to industry activists.

WIPO seems like a very universal and benign establishment, but recall what we wrote about WIPO couple of days ago. WIPO strives to achieve goal that do not necessarily align with the the consumers’ interests as much as those of funding sources (corporations and governments, which are in turn funded by corporations as well). Free open source software rarely intersects with the agenda of bodies such as WIPO because it’s seen as a threat that makes their role weaker.

Other patent news

The millions of blogs littering the Internet prove that everyone has an opinion. But you won’t often find the general counsel of a major tech company shooting his mouth off about ongoing patent litigation.

America’s computing industry are lining up behind Buffalo Technology to support its appeal against a US import ban of its 802.11a and 802.11g kit.

More than 430 organizations and companies representing over 25 industries have written to Senate leaders criticizing pending legislation to reform the US patent system

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 24/5/2019: PostgreSQL 12 Beta 1 and Rust 1.35 Released

    Links for the day



  2. EPO Strikes Further Diminish Chances of UPC Ever Materialising (in Any Shape or Form)

    The EPO crumbles under the weight of its own corruption while an increasingly-insane Team UPC pretends all remains normal and a patent trolls-friendly system is ready to take off



  3. EPO Allegedly Becoming Insolvent (Pretext for Cuts), So Staff Gets Punished While Management Takes the Jackpot

    The corporate 'logic' at the EPO follows the "shareholders' value" propaganda line as if the EPO is a private company looking to maximise revenue rather than serve the public



  4. EPO President Still Not Obeying Courts' Rulings

    Federation of International Civil Service Associations (FICSA) sent a message to António Campinos yesterday (the same day SUEPO publicly made a call for strike)



  5. António Campinos Has Run Out of Time and EPO Staff is Going on Strike (Skipping Mere Protests)

    European Patent Office strikes are to resume; as SUEPO recently put it, people have come to accept that EPO leadership has not really changed and none of the underlying issues is being tackled



  6. Links 23/5/2019: Elisa 0.4.0, OpenSUSE Leap 15.1 Released

    Links for the day



  7. Links 22/5/2019: Mesa 19.0.5, Huawei and GNU/Linux, Curl 7.65.0, End of Antergos, Tails 3.14, ownCloud Server 10.2, Firefox 67.0

    Links for the day



  8. Quality of Patents is Going Down the Drain and Courts Have Certainly Noticed

    Uncertainty or lack of confidence in the patent system has reached appalling levels because heads of patent offices are just striving to grant as many patents as possible, irrespective of the underlying law



  9. EUIPO and EPO Abuses Growingly Inseparable

    'Musical chairs' at CEIPI and the EPO/EUIPO (Battistelli, Archambeau, Campinos) as well as joint reports never fail to reveal the extent to which EPO abuses are spreading



  10. Links 21/5/2019: China's GAFAM Exit, DragonFlyBSD 5.4.3

    Links for the day



  11. Links 20/5/2019: Linux 5.2 RC1, LibreOffice 6.3 Alpha, DXVK 1.2.1, Bison 3.4 Released

    Links for the day



  12. South Korea's Government Will Show If Microsoft Loves Linux or Just Attacks It Very Viciously Like It Did in Munich

    Microsoft's hatred of all things GNU/Linux is always put to the test when someone 'dares' use it outside Microsoft's control and cash cows (e.g. Azure and Vista 10/WSL); will Microsoft combat its longstanding urge to corrupt or oust officials with the courage to say "no" to Microsoft?



  13. Links 19/5/2019: KDE Applications 19.04.1 in FlatHub and GNU/Linux Adoption

    Links for the day



  14. The War on Patent Quality

    A look at the EPO's reluctance to admit errors and resistance to the EPC, which is its very founding document



  15. Watchtroll, Composed by Patent Trolls, Calls the American Patent System “Corrupt”

    Another very fine piece from Watchtroll comes from very fine patent trolls who cheer for Donald Trump as if he's the one who tackles corruption rather than spreading it



  16. Unified Patent Court Won't Happen Just Because the Litigation Microcosm Wants It

    Unified Patent Court (UPC) hopefuls are quote-mining and cherry-picking to manufacture the false impression that the UPC is just around the corner when in reality the UPC is pretty much dead (but not buried yet)



  17. Links 17/5/2019: South Korea's GNU/Linux Pivot, Linux 5.1.3

    Links for the day



  18. Q2 Midterm Weather Forecast for EPOnia, Part 4: Happy Birthday to the Kötter Group?

    This year the Kötter Group commemorates the 85th anniversary of its existence. But is it really a cause for celebration or would a less self-congratulatory approach be more fitting? And does it create the risk that a routine tendering exercise at the EPO will turn into Operation Charlie Foxtrot?



  19. Links 16/5/2019: Cockpit 194, VMware Acquires Bitnami, Another Wine Announcement and Krita 4.2.0 Beta

    Links for the day



  20. The EPO's Key Function -- Like the UPC's Vision -- Has Virtually Collapsed

    The EPO no longer issues good patents and staff is extremely unhappy; but the Office tries to create an alternate (false) reality and issues intentionally misleading statements



  21. Stanford's NPE Litigation Database Makes a Nice Addition in the Fight Against Software Patent Trolls

    As the United States of America becomes less trolls- and software patents-friendly (often conflated with plaintiff (un)friendliness) it's important to have accurate data which documents the numbers and motivates better policy; The NPE (troll) Litigation Database is a move towards that and it's free to access/use



  22. Q2 Midterm Weather Forecast for EPOnia, Part 3: “Ein kritikwürdiges Unternehmen”

    A brief account of some further controversies in which the Kötter Group has been involved and its strained relations with German trade unions such as Verdi



  23. EPO Had a Leakage Problem and Privacy of Stakeholders Was Compromised, Affecting at Least 100 Cases

    The confidentiality principle was compromised at the EPO and stakeholders weren't told about it (there was a coverup)



  24. Links 15/5/2019: More Linux Patches and More Known Intel Bugs

    Links for the day



  25. False Hope for Patent Maximalists and Litigation Zealots

    Patent litigation predators in the United States, along with Team UPC in Europe, are trying to manufacture optimistic predictions; a quick and rather shallow critical analysis reveals their lies and distortions



  26. The Race to the Bottom of Patent Quality at the EPO

    The EPO has become more like a rubber-stamper than a patent office — a fact that worries senior staff who witnessed this gradual and troublesome transition (from quality to raw quantity)



  27. Q2 Midterm Weather Forecast for EPOnia, Part 2: Meet the Kötters

    An introduction to the Kötter Group, the private security conglomerate which is lined up for the award of a juicy EUR 30 million contract for the provision of security services at the EPO



  28. Links 14/5/2019: Red Hat Satellite 6.5, NVIDIA 430.14 Linux Driver and New Security Bug (MDS)

    Links for the day



  29. Links 14/5/2019: GNU/Linux in Kerala, DXVK 1.2, KDE Frameworks 5.58.0 Released

    Links for the day



  30. Q2 Midterm Weather Forecast for EPOnia, Part 1: Urgent Shitstorm Alert

    Experts at the European Patent Office's (EPO) weather observation station have just issued an urgent alert warning about a major shitstorm looming on the horizon


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts