Bonum Certa Men Certa

BSA, ACT, and Other Microsoft Front Groups Still Try to Shoot Down EIF in Europe While Promoting Software Patents

David Hammerstein
"SOS," writes former MEP David Hammerstein, "European Interoperability Framework proposal under fierce attack by MS and M. Barnier Int. Market Commissioner vs. Kroes and citizens." [Photo by Mara]



Summary: Some real drama is seen in Europe as Microsoft lobbyists have a face-off with representatives of Europe's real interests, including royalty-free standards

THINGS are getting hot in Europe. As Andy Updegrove has just put it, "If IT Policy is Your Thing, Keep an Eye on Europe":

[L]et’s take a look at a kerfuffle that emerged yesterday when two lobbying associations reacted to a pre-release copy of the latest version of that extremely interesting and much battered document called the European Interoperability Framework (EIF), version 2.0.

Now, the EIF is a very interesting document, with a long history (you can read more about it here). It's been around for awhile in version 1.0, and the direction that its next version would take has been hotly debated by large software companies.

At issue, as you might have already guessed, is what EIF does, and does not, say about patents, and more specifically, patents in the context of interoperability standards. Why does it matter? Because the EIF is part of a master plan that will influence how the EU ultimately spends up to the equivalent of $50 billion a year in public IT procurement funds. This being politics, perhaps it should be no surprise that one of the groups is engaging in over-generalization and misrepresentation, not to mention inaccurate labeling (saying the approach taken in the new EIF draft “echoes” Chinese procurement policy – which in fact has been turning towards more traditional approaches of late).


We already wrote quite extensively about EIFv2. See for example:

  1. European Interoperability Framework (EIF) Corrupted by Microsoft et al, Its Lobbyists
  2. Orwellian EIF, Fake Open Source, and Security Implications
  3. No Sense of Shame Left at Microsoft
  4. Lobbying Leads to Protest -- the FFII and the FSFE Rise in Opposition to Subverted EIF
  5. IBM and Open Forum Europe Address European Interoperability Framework (EIF) Fiasco
  6. EIF Scrutinised, ODF Evolves, and Microsoft's OOXML “Lies” Lead to Backlash from Danish Standards Committee
  7. Complaints About Perverted EIF Continue to Pile Up
  8. More Complaints About EIFv2 Abuse and Free Software FUD from General Electric (GE)
  9. Patents Roundup: Copyrighted SQL Queries, Microsoft Alliance with Company That Attacks F/OSS with Software Patents, Peer-to-Patent in Australia
  10. Microsoft Under Fire: Open Source Software Thematic Group Complains About EIFv2 Subversion, NHS Software Supplier Under Criminal Investigation
  11. British MEP Responds to Microsoft Lobby Against EIFv2; Microsoft's Visible Technologies Infiltrates/Derails Forums Too
  12. Patents Roundup: Escalations in Europe, SAP Pretense, CCIA Goes Wrong, and IETF Opens Up
  13. Patents Roundup: Several Defeats for Bad Types of Patents, Apple Risks Embargo, and Microsoft Lobbies Europe Intensely
  14. Europeans Asked to Stop Microsoft's Subversion of EIFv2 (European Interoperability Framework Version 2)
  15. 2
  16. Microsoft's Battle to Consume -- Not Obliterate -- Open Source


There is a big lobbying battle doing on in Brussels, which is the heart of European politics in many ways. Belgium's Quickenborne plays a role in the 'community' patent (bad for the free/open source software community) and we wrote about this in [1, 2, 3]. There's more in here:

In this situation the compromise proposed by the Belgian Presidency was "not considered sufficient to remove the deadlock", since it apparenty does not meet any of the above-skeched national interest.

However, the Belgian Presidency is still confident that the next Competitiveness Council in November can find a fair compromise on the EUpatent, as expressed by the Belgian minister in charge of the dossier, Vincent Van Quickenborne, underlining that a compromise is still possible.


This is just one part of the problem which we'll deal with separately on another occasion. What matters is that Microsoft pressure group Association for Competitive Technology (ACT), which is faking SMB positions as usual, is also pushing for the 'community' patent, aka EU patent, aka harmonisation, unification, etc. It's a trap. Some people fall for it, thinking that the 'community' patent is a beneficial thing because they were deceived. And when it comes to EIF, there's an ongoing conversation and it's going on at Twitter/Identi.ca, where Carlo Piana (Samba lawyer) says to Karsten Gerloff from the FSFE:

@karsten true #swpats 'r analized with the eyes of holders ("property"), but economy sh'd research their huge #externality costs


Gerloff responds:

@carlopiana ...and for software, patent system's cost/benefit calculation gives negative result #FSFE


Zuck was there too by the way, according to Gerloff. Have lobbyists not been banned yet?

@carlopiana I confirm. Yesterday at #WIPO, Thomas vs Benoit Mueller and Jonathan Zuck was a treat.


The BSA too is a Microsoft-funded lobbyist and not a representative of European interests. Microsoft has been using the BSA to lobby for RAND in Europe for at least a couple of years. CompTIA has been absent from Microsoft's ranks of lobbyists in Europe recently, but it was there before (pushing Microsoft's side in EIF drafts).

David Hammerstein, a former member of parliament who occasionally shares information about Microsoft's lobbying inside the Commission [1, 2], is now saying: "SOS: European Interoperability Framework proposal under fierce attack by MS and M. Barnier Int. Market Commissioner vs. Kroes and citizens."

Microsoft is betting on patents as its weapon against software freedom and here's another new footstep which we mentioned yesterday. Patents seem like this company's last resort.

For those who want to know more about Microsoft's 'RAND fight' against competition, there's a new transcript from the FSFE's Gerloff. "Delivered FSFE statement on #swpat at #WIPO #SCP15, will post shortly. Very good reactions from some states. EPO not so happy," wrote Gerloff. Quoting a portion of it:

Some argue that the inclusion of standards in patents on RAND terms is a necessary incentive for companies to innovate. Free Software Foundation Europe begs to differ. We join the Development Agenda Group in highlighting that the monopoly power conferred by a patent is exponentially increased when the patent is included in a standard.

If a company has been awarded a patent, it has already received a strong incentive to innovate, in the form of a 20-year monopoly on the use of the invention, to the exclusion of all others. Why should society incur a further, even more substantial cost by handing this patent holder a means to effectively control competition in the marketplace, by letting it control the price of a patent license?

Today’s software market is already rife with monopolies and dominant companies in several domains. It should be the goal of norm-setting efforts to reduce the obstacles to competition in the software market, rather than increasing them.

FSFE believes that it would be most useful for the SCP to analyse the various approaches on the grounds of their inclusiveness of the entire IT industry and all innovators, and identify the minimum requirements that are necessary to uphold standards as drivers of competition, innovation and economies of scale.

We also recommend that in its deliberations, this committee should be careful to distinguish between different areas for standardisation, as the requirements in each area are quite diverse.


Let's keep shining a light in the face of lobbyists. They don't like it when people find out who's paying their bill; it delegitimises them and they deserve it. Europe deserves it.

Recent Techrights' Posts

It Has Cost $215,000 in Legal Costs to Sue IBM for Wrongful Termination
IBM typically settles out of court and demands secrecy (to avoid anyone else benefiting from the very expensive outcome)
The PIPs or 'Voluntary Termination Offers' Help IBM Fake Its Situation
"IBM is not a tech company"
 
This Morning The Register MS Published a Page With "AI" 83 Times in it. The Register MS Got Paid to Do This.
The Register MS is not a serious publisher and a lot of the stuff about "AI" on the Web isn't journalism but paid-for SPAM
While GAFAM/Microsoft Disguise Financial Crisis as "Investment in AI" the Slop Giants Make Up a Narrative of Wilful Slowdown
A BS artist is good at the art of BS when the artist's failures or weaknesses get twisted as moral or professional leadership
SLAPP Censorship - Part 184 Out of 200: A Tiny Law Firm That Knows Nothing But Microsoft (But Merely Pretends to Understand "IT")
They've managed to trick some mainstream media into thinking they're "Tech" experts or "Social [Control] Media" gurus; nothing could be further from the truth
Links 15/09/2026: Sweden’s Far Right Perishing and "Iceland Just Got Played"
Links for the day
It's Not About How Developers Vote
This isn't about politics, it's about users being in control of their own computers and computing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 14, 2026
IRC logs for Monday, September 14, 2026
Gemini Links 15/09/2026: Poetry, Enshittification of Ebay, and Mecha System
Links for the day
LG Lies to Cover Up Lies About Its Spying TVs (It Records and Transmits Conversations in Rooms)
This is what a lot of "modern" technology is like
Oracle's Debt Continues to Soar (Increase of 60 Billion Dollars in 15 Months, Not Counting the Secret Debt, With Off-balance-sheet Debt Having "Grown Roughly Thirtyfold in Four Years")
Oracle debt continues to grow
Apple's iOS and macOS Measured as Bigger Than Windows in the US, Linux-Based OSes at Almost 30%
Expect the silent layoffs at Microsoft to continue at a rapid pace
Oracle, Like Microsoft, Drowns in Debt and Discards Tens of Thousands of Staff (Microsoft Does the Same More Discreetly)
The main difference between Microsoft and Oracle is that the latter is honest about what's going on
Gemini Links 14/09/2026: First Android Phone, Leaving Sony, and Rant About Gemini-to-HTTP Proxy Providers
Links for the day
Links 14/09/2026: "Scam Altman Now Trying to Gain Control of Electric Grid" and Sweden Moving to the Right
Links for the day
Vista 11 Flunked
Microsoft cannot start a "Vista 12" campaign as it would only make matters worse
Microsoft Urgently Needs Distraction: There's No "Next XBox", But There's a New Boot Screen (Like 'Dark Mode', a Feature That Can be Implemented in Mere Minutes/Hours)
Anything to distract from XBox fiasco
IBM Flying Away to Sweatshops (So Will Red Hat)
Even on Sunday people post about 'leaving' IBM
RFID Ambitions Already Established by Widespread Skinnerbox Adoption
A society that cannot maintain privacy for those who deserve it will not manage to assure dignity of citizens
SLAPP Censorship - Part 183 Out of 200: What Actually Happened Two Months Ago (Based on People Who Attended)
It's dangerous to assert what happened in a hearing you did not attend (there was no video stream or recording, either)
Phil Harvey, an Editor-in-Chief in a B2B Site, Explains Why ChannelFutures (Connected to TechTarget) and Other Sites That Used to Cover Linux Deleted Many Articles
Every old article in channelfutures is gone!
Software Freedom Day 2026 is 5 Days From Now, Fresh Reminder to Boycott Proprietary Software
Let this be a timely reminder of why people should avoid proprietary software
Links 14/09/2026: Slop Hardly Used for Actual Work (Chatbots Are for Lonely People), Slop Bots (Scrapers, Plagiarism) "Are Thirsty for Power"
Links for the day
Gemini Links 14/09/2026: Trip, Hiding, and OCR
Links for the day
IBM PIPs Are Layoffs (RAs Come Later Even If You Satisfy the "Performance" and "Plan")
Notice how "the media" almost never mentions silent layoffs, as if just because they're silent, there's nothing to investigate, nothing to see there
Slop Companies Engage in Plagiarising the Web, Now They Pay People to Contaminate the Web With Their Lies
Remember that the lawfare against us is funded by slop salaries!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 13, 2026
IRC logs for Sunday, September 13, 2026
Microsoft is Laying Off All Year Long (It's Just Keeping Quiet About It)
The issue here is also the media. It's complicit.
MElon's Twitter Takeover Was Meant to Amplify People Like Himself or David Heinemeier Hansson (Slop Pyramid Schemes and Bigotry)
Social control media is not neutral
Microsoft Lunduke of 'Linux Sucks' (and Microsoft Corp.) Tries to Replace GNU/Linux With Toxic Discussions About Toxic Politics
Poisoning the well people drink from
General Assembly Covers EPO Strikes on Thursday, September 17th (2026)
The EPO's staff representation at The Hague has asked people to join an upcoming online session about industrial actions
Links 13/09/2026: Republican Campaign Aide Uses Nazi Photo and Convicted Felon is Wielding Power to Stifle Speech
Links for the day
Gemini Links 13/09/2026: Never Settling, Plain Text Digital Life, and Newsgroups
Links for the day
SLAPP Censorship - Part 182 Out of 200: UK Dockets With Machine-Generated Applications to the Court (From American Slop Companies)
Earlier this year Garrett was using machine-generated output as legal papers and submissions
Efforts to Cancel Matt Mullenweg Have Made Us More Sympathetic Towards Mullenweg and More Sceptical of the People Who Run Automattic (Named After Mullenweg)
Mullenweg, unlike Automattic, is not "in it for the money"
Boosters of Omarchy Are No 'Underdogs'
There are many Arch derivatives that do not rely on "viral" marketing in MElon's child porn-pushing social control media and are instead relying on real development, not slop
PIPs Are a Setup: They Set Workers Up to Fail While Working Their Arse Off Before Getting Kicked (Out) in the Arse
Malicious and exploitative
SLAPP Censorship - Part 181 Out of 200: This is Really More Like Brett Wilson LLP v Schestowitz (Using Money From American Slop Companies, Plagiarism Pushers)
We approach the parts where we explain that the Application to the Court with Garrett's name on it was instead complaining about fair criticism of the combative law firm (irrelevant to any injunctions) as if it was impermissible to explain what it had done - and still does - to my wife and I
It Sometimes Feels Like Slop Companies Are Committing Online/Digital Crimes
"GPT" out of control
Gemini Links 13/09/2026: Why Omarchy is "Plain Disgusting" and "AI Slop" and Why "Plain Text To Do List" Rocks
Links for the day
Links 13/09/2026: Scam Altman Admits Issues (Financial), Rival Says Stop Slop (Plagiarism)
Links for the day
Windows Down to New Lows as Switzerland's Federal Government Abandons Microsoft (Where Feasible for Now)
That's how it starts...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 12, 2026
IRC logs for Saturday, September 12, 2026