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

02.22.08

A Quick Look at More Reactions to Microsoft’s Taxoperability

Posted in Antitrust, Europe, Interoperability, Microsoft, Patents at 8:06 am by Dr. Roy Schestowitz

Quick summary, for completeness and diversity of minds

Glyn Moody’s take reflects on the important fact that Microsoft is setting some convenient new precedence, having made some arrangements with the European Commision and gained membership in the OSI (it’s part of the “Open Source” family, who can ever deny this?).

Note, by the way, that Microsoft has effected the marvellous sleight of hand that it – not the OSI, not the Linux Foundation, but *Microsoft* – is setting up an Open Source Interoperability Initiative.

In some ways, the most amazing paragraph in the whole announcement is not the protestations of undying love for openness, but the following:

The interoperability principles and actions announced today reflect the changed legal landscape for Microsoft and the IT industry. They are an important step forward for the company in its ongoing efforts to fulfill the responsibilities and obligations outlined in the September 2007 judgment of the European Court of First Instance (CFI).

This is certainly true, as shown by the fact that Microsoft is effectively applying the agreement with the EU to most of its product range…

Mark Taylor’s take very much concurs with our very old (and by no means antiquated) observation that Microsoft seeks to redefine everything, including what “Open Source” means, how it works, what its ‘obligations’ are and so forth. You can read all about it here.

The 20th February 2008 was one of those ‘Microsoft moments’, when suddenly, the world changed. Just like when they ‘got’ the network (and we got NT), or they ‘got’ the Internet (and we got ‘Internet Explorer’). This time they ‘got’ Open Source and Open Standards and the company is about to make another of their legendary radical transformations… or so they would like you to believe.

[...]

So you can have your ‘Open Source’ software if you really insist… just so long as you pay a royalty to Microsoft for every copy that gets shipped. It’s great if all those ‘non-commercial’ people want to develop software for Microsoft and their ring-fenced group of ‘authorised’ ‘Open Source’ partners. They generously promise that they wont even sue their unpaid workforce.

Mark Taylor also makes a few comments which add balance to an article about the EU’s response.

But Mark Taylor from the Open Source Consortium said the Microsoft announcement is “smoke and mirrors.”

“Microsoft is saying it will give access to open APIs, however, but there are terms,” said Taylor. “It’s the same old story. Patent protection applies, and people can use the APIs commercially as long as they pay Microsoft a royalty. They are trying to enclose open commons by trying to apply their business model, which is all about owning technology, to open source.”

A reader of ours, Sunsonica, sent us a direct link to the Statement by Thomas Vinje of the European Committee for Ineroperable Systems (ECIS) [PDF]. In a variety of contexts we have already mentioned Thomas Vinje’s work in the past few months [1, 2, 3, 4]. He is hopefully making use of some resources that we have make available for understanding the problem at hand.

Here is the official statement from the EU:

The European Commission takes note of today’s announcement by Microsoft of its intention to commit to a number of principles in order to promote interoperability with some of its high market share software products. This announcement does not relate to the question of whether or not Microsoft has been complying with EU antitrust rules in this area in the past.

Red Hat’s response is quite a blast. It’s presented as a press release:

Commit to interoperability with open source: Instead of offering a patent license for its protocol information on the basis of licensing arrangements it knows are incompatible with the GPL – the world’s most widely used open source software license – Microsoft should extend its Open Specification Promise to all of the interoperability information that it is announcing today will be made available.

Microsoft expected the world to embrace its ‘opening up’ with open arms, or so it wishes to press to believe. Judging by the bits above, it’s hard to say that Microsoft’s latest ‘big announcement’ (a colossal and huge pile of nothing) meant so much to very many people. Microsoft’s target audience might just be those people attending the BRM next week (“look! We’re open!!!”), which is the subject of the next post.

Gutmann, Peter and Steve Ballmer

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

2 Comments

  1. Skeptic said,

    February 22, 2008 at 8:58 pm

    Gravatar

    Richard Stallman long ago predicted the redefinition of “open source”. E.g., As Eben Moglen observed,

    “What Microsoft did to ‘Open Source’ was what Stallman always said could be done to it: first you take the politics out, and when the veal has been bleached absolutely white, you can cover it with any sauce you like. And that’s what Microsoft did, and ‘Open Source’ became the sauce on top of Microsoft proprietarianism. And once that process has been completed they have to go after the next vocabulary.”

    (http://www.theregister.co.uk/2006/11/20/eben_moglen_on_microsoft_novell/page2.html )

  2. Roy Schestowitz said,

    February 22, 2008 at 9:02 pm

    Gravatar

    I’m back to using the term Free software (since last year). Also watch this from the news:

    Philippines open source bill gets Sun’s support

    Familiar battle lines are being drawn over pending legslation mandating free and open source (FOSS) software for government and educational use in the Philippines.

    While Microsoft and the Philippine Software Industry Association (PSIA) are opposing the controversial free and open source software (FOSS) act (House Bill 1716) filed in the Philippine Congress, Sun Microsystems Inc. plans to support the bill.

    http://www.itworldcanada.com/a/News/1f4e1e17-e6e8-4193-a0de-846d815f2c62.html

    That’s why Microsoft hates FOSS (it wants to redefine ‘open source’) and Sun does not. That’s why I worry about Microsoft, not about IBM, Sun and Google.

What Else is New


  1. The Whitewashing of the EPO Under António Campinos

    The charm offensive of the 'new and improved' EPO President seems to mostly boil down to a PR campaign, as we expected all along



  2. Links 22/1/2019: Kodachi 5.8, LibreOffice 6.2 Finished

    Links for the day



  3. Software Patents Are a Dying Breed, So Marks & Clerk and Other Legal Monoliths Promote the EPO's Buzzwords (Loopholes)

    Patents that courts would almost certainly reject (and invalidate) are routinely promoted as "AI", "SDV" and similar acronyms and buzzwords, either misleading or intentionally misplaced (nowadays "AI" is often just a synonym for "machine" or "algorithm")



  4. A Fortnight After His Diplomatic Immunity Ends Outgoing EPO Vice-President Željko Topić is in Court in Zagreb, Croatia

    Court minutes for a Željko Topić case heard 5 days ago



  5. Links 20/1/2019: Exo 0.12.4 and Libhandy 0.0.7 Released

    Links for the day



  6. JUVE Creates English Site, Promotes Unified Patent Court (UPC)

    The generally good press outlet has taken a turn for the worse; it looks like it's doing more lobbying than reporting nowadays



  7. The Indian Ministry of Commerce Tries to Bend Patent Law in Favour of Foreign Monopolies

    There's an attempt to tilt patent law against the interests of India; but vigilant few are observing and reporting it, even in English



  8. The EFF Must Return That 'Internship' Money to Google or It Would Disgrace the Patent Reform Movement (by Association)

    Whether real or perceived, the EFF’s alleged bias is at stake now that Google money — not just money from a billionaire (Cuban) — lands on its lap; it can, by extension or association, serve to discredit patent reformers



  9. EPO Defying Patent Restrictions/Limits From the European Parliament, the European Commission and the European Countries It Claims to Represent

    The departure from the EPC (and from the rule of law) at the EPO still means that patents are being granted on things that, as per the constitutions, should never have been patentable



  10. The UPC is Dead. But Bristows is Now Fully Engaged in Necrophilia.

    In an effort to float a dead project the deceiving folks from Team UPC pretend that everything is ready to go (commence) because they've managed to find some gowns and robes



  11. Links 19/1/2019: Wikipedia Cofounder Moves to GNU/Linux, Wine 4.0 RC7 Released, Godot 3.1 Beta 2, NomadBSD 1.2 RC1

    Links for the day



  12. Links 18/1/2019: Mesa 18.3.2, Rust 1.32.0

    Links for the day



  13. Links 17/1/2019: ZFS Debate Returns, AWS Pains Free Software

    Links for the day



  14. US Patent Lawyers Will Need to Change Profession or End up Becoming Abundantly Redundant, Unemployed

    In the age of Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) and 35 U.S.C. § 101 it’s too risky to sue with dodgy patents; moreover, the Federal Circuit‘s growing adoption of Alice means that no recent cases have given hope to patent maximalists and litigation frequency has fallen again (at double-digit rates)



  15. Links 16/1/2019: Deepin 15.9 Released and Mozilla Fenix

    Links for the day



  16. Brexit Has Failed, But So Has the Unitary Patent (UPC)

    Even though all signs indicate that the Unified Patent Court (UPC) will never become a reality spin is to be expected from Team UPC, still looking to profit from more litigation and expanded scope



  17. IBM, Which Will Soon be Buying Red Hat, is Promoting Software Patents in Europe

    Even days apart/within confirmation of IBM's takeover of Red Hat IBM makes it clear that it's very strongly in favour of software patents, not only in the US but also in Europe



  18. Team UPC on Dead UPC: Choosing Gowns for Corpses

    The campaign of lies, long waged by Team UPC in order to manipulate politicians and courts, hasn’t stopped even in 2019 (IAM threw in the towel, but some of Team UPC is still ‘embalming’ UPCA)



  19. Links 15/1/2019: MX Linux MX-18 Continuum Reviewed, Mageia 7 Artwork Voting

    Links for the day



  20. Council of Europe (CoE) Recognises There's No Justice at the EPO

    It’s now the Council of Europe‘s turn to speak out about the grave state of international organisations that exist in Europe but aren’t subjected to European law (which they routinely violate with impunity)



  21. Dominion Harbor -- Armed by Microsoft's Biggest Patent Troll -- Goes After the World's Biggest Android OEMs, Huawei and Samsung

    Dominion Harbor, the patent troll that gets bucketloads of patents from Intellectual Ventures (a patent troll strongly connected to Microsoft and Bill Gates), is still suing using shell entities



  22. Links 14/1/2019: Linux 5.0 RC2 and DXVK 0.95 Released

    Links for the day



  23. Only the Higher Courts -- Not Trump's 'Poster Child' -- Can Bring Back Software Patents

    Software patents are not making a "comeback" as some like to claim; in fact, the latest court cases and notably their outcomes suggest that nothing has changed



  24. “Uniloc is a Lawsuit Factory”

    Apple is a very secretive company, so it is hard to know what goes on with the patent troll Uniloc



  25. European Patent Office a Textbook Example of Lawless, Rogue Institutions

    The tyrannical nature of the EPO is still being demonstrated by the sad fate of Patrick Corcoran; technical judges at the EPO are feeling intimidated by nontechnical politicians and bankers



  26. No, Software Patents Are Not Poised to Make a Comeback Under New US Patent Office Rules

    Poor understanding of the difference between patent courts and patent offices is to blame for widely-spread misinformation from Ars Technica (part of Condé Nast)



  27. IP Kat Has Turned From EPO Critic (to the Point of Being Blocked by the EPO) to EPO Whitewasher That Gags EPO Whistleblowers

    The EPO tried to forcibly gag (block) IP Kat like it blocks Techrights (since 2014); failing that, the EPO got the blog to just act as a whitewashing operation for Team Campinos (more or less the same as Team Battistelli)



  28. Linspire 'Reborn' is Still Working for Microsoft and Facilitating Surveillance on GNU/Linux Users

    GNU/Linux spyware scandals may be back (and it's not about Canonical and Amazon but Linspire and Microsoft); Microsoft is meanwhile exposing innocent kids to pedophiles and it refuses to explain or defend this



  29. Links 12/1/2019: Wine 4.0 RC6, X-Plane 11.30, SuperTuxKart 0.10 Beta, LibreOffice 6.2 RC2

    Links for the day



  30. The EPO's Low Patent Quality Can Kill the European Software Industry and Kill People Too

    The patents granted by the EPO are often invalid as per courts' decisions, which means that fake/illegitimate European Patents saturate the market and discourage development (e.g. of software and life-saving drugs)


CoPilotCo

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

CoPilotCo

Recent Posts