Bonum Certa Men Certa

Software Patents in Europe and Microsoft's Huge Lobbying Budget as of Late

Heaps don't lie

Money, money, money. Everywhere you turn. If you look closely enough at the news -- and only if you look very closely -- you'll find the trail of obligatory disclosures Microsoft reluctantly unleashes to give away clues about its lobbying activities. For the unaware, lobbying can be brutally described as the act of paying a middleman (independent or part of an agency) to spend time with politicians and either share this wealth or spend this wealth together, sometimes negotiating what is done in exchange for what else (favouritism, nepotism, legalised bribery, or whatever else you wish to call this). It's disguised as something that's done for the benefit of citizens ('consumers'), but shouldn't the one paying the bill be expected to benefit the most? Yes, it's a rhetorical question.

“Despite recession, the finding seems to suggest that the pace of obligatorily-disclosed amounts now trivially exceeds $10 million for Microsoft alone (annually)."As we are all being taught (or forced) to believe, software patents are being encouraged for the benefit of programmers when they get assigned and added to the employer's portfolio and this thing called "piracy" (something about software and not about boats, apparently) costs the economy a lot of money, never mind the savings alternatives can offer.

There is nothing comforting about lobbying. The word "lobbying" sounds soothing though. You know, like ordinarily lounging in some hotel, spoiling oneself and generally having a good time. In reality, lobbying is so loathed by those who understand the practice and are secretly affected by it. It's filthy. It's subversive. It's almost corrupt.

In the past few weeks alone the apparent backlash led to some new rules being ratified in the UK [1, 2] where lobbying is prevalent but probably not a multi-billion-dollar phenomenon (well, not just yet, based on what the authorities and watchdogs know). According to reports, the industry already exceeds a billion dollars in the United States and that's just based on amounts that get disclosed, i.e. it excludes off-the-record, back-room/boiler room deals. Can you criticise Larry Lessig for his "Change Congress" initiative? He too realised that his country is run by corporations, which frequently use lobbyists as mediators? It's polycracy, as Noam Chomsky would call it, not a democracy.

On a few occasions recently, we shared some findings about Microsoft lobbying and you can probably find some of them if you search this Web site. That said, here is the latest find from yesterday. Despite recession, the finding seems to suggest that the pace of obligatorily-disclosed amounts now trivially exceeds $10 million for Microsoft alone (annually). That's a sharp increase, based on my personal memory and judgment. Among the activities of the lobbying you'll find patents also (there's no weighting in the breakdown).

Microsoft Corp., the world's largest software maker, spent nearly $2.6 million in the first quarter to lobby on competition in the online ad market and other issues, according to an amended disclosure report.

[...]

Microsoft also lobbied the federal government on numerous other issues, including Internet security and crime, privacy, health technology, patent reform, software piracy, immigration reform to help with recruitment of highly skilled foreign workers, high-speed Internet service through use of unoccupied TV channels, free trade and taxes.


There's a lot more to be said about things like "immigration reform" for example. We alluded to this quite recently, but we ought not to explore this further in this post, whose sole focus is software patent.

About a week ago we wrote about McCreevy, who is said to be attempting to shove software patents into Europe, via the back door. It turns out that McCreevy's spokesperson now denies this.

In its statement on the results of the Transatlantic Economic Council negotiations, issued last week, the council made brief reference to the intellectual property rights issue. A single bullet point in the statement references a roadmap issued jointly by the European Commission and US Patent Office aimed at advancing "global patent harmonization".

[...]

According to FFII President Alberto Barrionuevo, in the TEC talks the commission overstepped its bounds with respect to commercial rights. "The European Union has neither a Community patent, nor a common material patent law." The only exception is the Biotech Directive. For that reason Barrionuevo believes that, "Discussing a bilateral patent treaty with the United States is superfluous. It is the blind leading the blind." He thinks that if the US really wants to fix its patent practises, it should first enact its controversial planned patent reforms and become a signatory to the European Patent Convention. McCreevy's spokesperson stated that the treaty was not about software patents, "Something not approved here could not be recognised."


It's all staged, it's all gradual, and it's precedence-based. Remember that Novell denied that it had signed a software patent deal with Microsoft, insisting that it was all about interoperability (straw man). It was later that the two companies just "agree[d] to disagree" and less than a month ago that we found out "SUSE coupons" are now being called "patent royalties" and Microsoft discusses these with “[open source] community members.” All in all, the point to be made here is that McCreevy's exemption is rather moot. It's a matter of phasing in, not just direct intent.

For more information on this subject, consider the article "The patentability of software and business methods in Europe" [PDF], which contains a section on "Patentability of computer programs". It was all found at Digital Majority where there is also a pointer to this article on cross-border patent litigation [PDF] (in Europe specifically).

Benjamin also extracted this quote from another article among the latest batch from IAM:

"The open source movement probably cannot achieve its original goals so long as patents exist." -- Tom Ewing, IP Value Added Consultant, Gothenburg, Sweden


This hopefully serves as an eye opener that justifies the fight against this monster, whose purpose is to defeat Free software not based on technical merits but through the introduction of new laws that essentially ban change and block disruption to the status quo. Refer back to the beginning of this post about the role of money.

Cheer Up, Patent Terrorist, It's Your Birthday!



Whether Microsoft has truly got anything to be used effectively against Free software, nobody knows. Maybe Microsoft does not know, either. Eric Lai has just published this 'celebration' of the first anniversary of Microsoft's "patent terrorism" ("patent terrorist" is not our own phrase, mind you, and the t-word is notorious for its use as propaganda in law-making/law-setting). Here are some key bits:

"Claiming you have IP that folks are infringing isn't the same thing as proving it," wrote Pamela Jones, author of the open-source legal blog Groklaw.net, in an e-mail. "I think they [Microsoft] are in a weaker position *because* they did the [cross-licensing] deals. It makes them look needy, like they can't make it any more without Linux."

"The [legal] threat [to open-source] is no greater" today than a year ago, wrote Mark Radcliffe, a lawyer with DLA Piper's Silicon Valley office and the general counsel of the Open Source Initiative, which oversees the approval of open-source software licenses, in an e-mail.

Take Redmond's attempts to persuade vendors to sign cross-licensing deals that include protection from potential open-source patent lawsuits by Microsoft.


Loud Bark, No Bite



In other news, Microsoft has just lost another patent lawsuit. Let it suffer and maybe learn that its software patents are useless once the court weighs in, proving that there's hope for sanity under the juridical system (as opposed to the USPTO, to which patents -- not justice -- mean business and money).

Microsoft loses U.S. patent suit vs Alcatel-Lucent



[...]

Microsoft had accused Alcatel-Lucent of infringing four patents for software in a system that integrates telephones with computers for calls, messages and videoconferences.


"A system that integrates telephones with computers for calls, messages and videoconference," eh? It sure sounds like Microsoft has just become a troll, not an innovator. This seems like a sign of misery and it looks bad for the potency of Microsoft's software patents, which it loves so much to rave about without disclosure of specifics (it just ran out of paper, it alleges).

Comments

Recent Techrights' Posts

Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
 
Links 17/07/2024: New Attacks on the Press, European Patents Squashed Even at Kangaroo Court (UPC)
Links for the day
Gemini Links 17/07/2024: Proponents of Censorship and New Arrivals at Gemini
Links for the day
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024