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

04.16.11

How Microsoft Florian ‘Cooks’ Spin

Posted in Deception, Microsoft, Patents at 4:24 pm by Dr. Roy Schestowitz

Witch's house

Summary: How mobbyists game the press and patterns for journalists to watch out for if they wish to avoid being deceived and exploited

In my “Inbox” I have over 100 messages from Microsoft Florian. Not all of them are personal. Florian is shy to admit this, but his operation is based on reuse of text for blog comments (he shut down comments in his own blogs after he had found them irritating) and also for E-mails, which he uses to embed his name and his often incorrect claims inside news articles. Maybe he pondered sending it to one zillion reporters, hoping that one in a zillion will give it room in a post/article. Maybe that’s how the lobbying industry works, who knows? I sure don’t. But what I do know what I was sent and I received admissions too. Here is an example of a message:

From: Florian Mueller
To: “Roy Schestowitz”
Subject: Bilski decision doesn’t invalidate even one software patent
Date: Mon, 28 Jun 2010 18:53:58 +0200

(sad story… and this here is an example of my emails to journalists when news break)

Please feel free to use in your reporting on the Bilski decision any of these comments. I’m the author of the FOSS Patents blog (and founder and former director of the NoSoftwarePatents campaign) on the Bilski decision and what it means for the patentability of software.

Here are a few select quotes, and further below the URL of my posting and the complete text.

“Unfortunately, the Supreme Court delivered an opinion that doesn’t help the cause of partial or complete abolition of software patents at all.”

“[T]he court’s majority position is about the most liberal reasoning that it could have been. Only a decision to uphold the Bilski patent could have been any less restrictive.

“Simply put, the Supreme Court’s decision does not do away with even one software patent that already exists, nor does it raise the bar for the future.”

“The decision announced today makes it clear that a majority of the Supreme Court wanted to give the abolition of even only a small percentage of all software patents the widest berth possible.”

“This US decision is even more disappointing when taking into account the global trend.” [then mentions political process in New Zealand and court decision in Germany]

“The position that software patents should be abolished isn’t nearly as popular among judges and politicians as it is in the free and open source software community.”

The upcoming Defensive Patent License (DPL) is recommended at the end of the blog posting.

Here’s the URL and the full text:

Then comes ego-surfing. He can show other people how the prior mentions (which he mass-mailed for) supposedly give him credibility. It’s a chain of FUD, just like Microsoft with the FAT patent (using prior settlements to discourage re-examination).

It’s a typical recipe of “please use my quotes”; “here are samples you can use” (not exact words). I received loads of those, even after pointing out to him that he is mass-mailing while hiding it, which I did not appreciate. In fact, judging by the headers it seems like a personal message, but after a while I could see what he was up to and then he sent me this explanation:

From: Florian Mueller
To: “Roy Schestowitz”
Subject: EU launches investigation against IBM over mainframe practices
Date: Mon, 26 Jul 2010 15:33:54 +0200

(this goes to multiple recipients but I didn’t want to use an undisclosed
list because of potential problems with spam filters; nor do I use a mailer
tool ;-)

[...]

Those “spam filters”, eh? They are a hindrance to lobbyists. Florian and his bully friends from Microsoft can try all they want to gag those who explain their ‘algorithm’ (Florian has not patented this lobbying algorithm/business method yet, has he?), but people deserve to know the truth.

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

A Single Comment

  1. twitter said,

    April 16, 2011 at 9:26 pm

    Gravatar

    Florian has been successful at gaming Slashdot. His smears of Groklaw and Techrights that closely followed PJ’s retirement announcement so annoyed me that I decided to see what Florian Mueller has been telling Slashdot. He managed to inject his opinion 16 times over the last year, mostly to FUD Microsoft competitors. Each of those 16 Slashdot articles represents many more Microsoft press publications. Compare the prolific bad mouthing of Red Hat, Google, IBM, RMS, the Free Software Foundation and others to his lack of concern for Microsoft. Searching his blog we find:

    No mention of Intellectual Ventures
    No mention of Nathan Myhrvold
    He mentions Microsoft’s Patent Lawyer 4 times, mostly to lead people to read Microsoft’s opinion.

    I once asked him to read my Microsoft Software Patent Extortion Timeline, and asked him why hed did not persue Microsoft and their obvious attacks on gnu/linux and software freedom. He was silent at the time. I now see he produced this lame excuse of “Microsoft’s cooperative approach to patents.” In his defense of Microsoft, he dismisses accusations that he’s a Microsoft lobbiest that can’t be trusted. Then, he tells us,

    Microsoft doesn’t use its patents in a destructive way. They don’t just sit on their patents without doing nothing, but they’re a cooperative right holder who doesn’t use them to shut out competition. … Developers, however, generally like FOSS. So I can’t see how Microsoft would go to war against the community. … there’s a pretty good chance that Microsoft’s peaceful coexistence with FOSS will continue and become ever more fruitful. … Microsoft doesn’t have that kind of problem [open washing]. … the most one can realistically expect a patent holder to do is to grant licenses on fair, reasonable and non-discriminatory (FRAND) terms. … License deals are generally good news … Microsoft only sued those companies because they were absolutely unwilling to do a license deal. In each of those cases, … The key thing to me is that all of those lawsuits could have been avoided easily. If Microsoft continues to use its patents in the cooperative, reasonable way it has used them so far, then I don’t think there’s a threat to FOSS projects or companies.

    This is a disgraceful defense of Microsoft’s strategy against free software. According to Microsoft email exposed in the Comes vrs Microsoft anti-trust case, it is clear that Microsoft’s goal was to impose external costs, “risks” and fear on gnu/linux users and companies. The attack was planned in 2002, executed in 2004 and continues to this day. Microsoft brags that they have netted dozens if not hundreds of license payers, companies that use software that Microsoft does not own. Florian describes this judicial extortion as “cooperative,” “fair,” “reasonable” and “non discriminatory.” I wonder if he wold feel the same way if I were to tell him that I have a patent on FUD, but I don’t want him to stop writing FUD, I just want my fair share of his compensation, 25% should do, otherwise I’ll tie him up in court for the next decade, embargo his writing in the US and EU and set a host of spinners to work on his reputation through my extensive network of technical publications, PR firms, lawyers and lobbiests. As soon as he bothers to pay, I’ll set half a dozen proxies after him. When that is someone else’s reality, he’s OK with it.

    His recent work has also cost him a lot of his reputation. People noticed he was the source of Android copyright FUD and thought poorly of it. The attacks on “Groklie,” PJ, will probably cost him more. In typical Microsoft bully fashion, he’s blaming the hit to his reputation on PJ and others who notice what he’s doing.

What Else is New


  1. Links 24/4/2017: Linux 4.11 RC8, MPV 0.25

    Links for the day



  2. Why Authorities in the Netherlands Need to Strip the EPO of Immunity and Investigate Fire Safety Violations

    How intimidation and crackdown on the staff representatives at the EPO may have led to lack of awareness (and action) about lack of compliance with fire safety standards



  3. Insensitivity at the EPO’s Management – Part IX: Testament to the Fear of an Autocratic Regime

    A return to the crucial observation and a reminder of the fact that at the EPO it takes great courage to say the truth nowadays



  4. For the Fordham Echo Chamber (Patent Maximalism), Judges From the EPO Boards of Appeal Are Not Worth Entertaining

    In an event steered if not stuffed by patent radicals such as Bristows and Microsoft (abusive, serial litigators) there are no balanced panels or even reasonable discussions



  5. EPO Staff Representatives Fired Using “Disciplinary Committee That Was Improperly Composed” as Per ILO's Decision

    The Board of the Administrative Council at European Patent Organisation is being informed of the union-busting activities of Battistelli -- activities that are both illegal (as per national and international standards) and are detrimental to the Organisation



  6. Links 23/4/2017: End of arkOS, Collabora Office 5.3 Released

    Links for the day



  7. Intellectual Discovery and Microsoft Feed Patent Trolls Like Intellectual Ventures Which Then Strategically Attack Rivals

    Like a swarm of blood-sucking bats, patent trolls prey on affluent companies that derive their wealth from GNU/Linux and freedom-respecting software (Free/libre software)



  8. The European Patent Office Has Just Killed a Cat (or Skinned a 'Kat')

    The EPO’s attack on the media, including us, resulted in a stream of misinformation and puff pieces about the EPO and UPC, putting at risk not just European democracy but also corrupting the European press



  9. Yann Ménière Resorts to Buzzwords to Recklessly Promote Floods of Patents, Dooming the EPO Amid Decline in Patent Applications

    Battistelli's French Chief Economist is not much of an economist but a patent maximalist toeing the party line of Monsieur Battistelli (lots of easy grants and litigation galore, for UPC hopefuls)



  10. Even Patent Bullies Like Microsoft and Facebook Find the Patent Trial and Appeal Board (PTAB) Useful

    Not just companies accused of patent infringement need the PTAB but also frequent accusers with deep pockets need the PTAB, based on some new figures and new developments



  11. Links 21/4/2017: Qt Creator 4.2.2, ROSA Desktop Fresh R9

    Links for the day



  12. At the EPO, Seeding of Puff Piece in the Press/Academia Sometimes Transparent Enough to View

    The EPO‘s PR team likes to 'spam' journalists and others (for PR) and sometimes does this publicly, as the tweets below show — a desperate recruitment and reputation laundering drive



  13. Affordable and Sophisticated Mobile Devices Are Kept Away by Patent Trolls and Aggressors That Tax Everything

    The war against commoditisation of mobile computing has turned a potentially thriving market with fast innovation rates into a war zone full of patent trolls (sometimes suing at the behest of large companies that hand them patents for this purpose)



  14. In Spite of Lobbying and Endless Attempts by the Patent Microcosm, US Supreme Court Won't Consider Any Software Patent Cases Anymore (in the Foreseeable Future)

    Lobbyists of software patents, i.e. proponents of endless litigation and patent trolls, are attempting to convince the US Supreme Court (SCOTUS) to have another look at abstract patents and reconsider its position on cases like Alice Corp. v CLS Bank International



  15. Expect Team UPC to Remain in Deep Denial About the Unitary Patent/Unified Court (UPC) Having No Prospects

    The prevailing denial that the UPC is effectively dead, courtesy of sites and blogs whose writers stood to profit from the UPC



  16. EPO in 2017: Erroneously Grant a Lot of Patents in Bulk or Get Sacked

    Quality of patent examination is being abandoned at the EPO and those who disobey or refuse to play along are being fired (or asked to resign to avoid forced resignations which would stain their record)



  17. Links 21/4/2017: System76 Entering Phase Three, KDE Applications 17.04, Elive 2.9.0 Beta

    Links for the day



  18. Bristows-Run IP Kat Continues to Spread Lies to Promote the Unitary Patent (UPC) and Advance the EPO Management's Agenda

    An eclectic response to some of the misleading if not villainous responses to the UPC's death knell in the UK, as well as other noteworthy observations about think tanks and misinformation whose purpose is to warp the patent system so that it serves law firms, for the most part at the expense of science and technology



  19. Links 20/4/2017: Tor Browser 6.5.2, PacketFence 7.0, New Firefox and Chrome

    Links for the day



  20. Patents on Business Methods and Software Are Collapsing, But the Patent Microcosm is Working Hard to Change That

    The never-ending battle over patent law, where those who are in the business of patents push for endless patenting, is still ongoing and resistance/opposition is needed from those who actually produce things (other than litigation) or else they will be perpetually taxed by parasites



  21. IAM, the Patent Trolls' Voice, is Trying to Deny There is a Growing Trolling Problem in Europe

    IAM Media (the EPO's and trolls' mouthpiece) continues a rather disturbing pattern of propaganda dressed up as "news", promoting the agenda of parasites who drain the economy by extortion of legitimate (producing) companies



  22. The Patent Microcosm Keeps Attacking Every Patent Office/System That is Doing the Right Thing

    Patent 'radicals' and 'extremists' -- those to whom patents are needed solely for the purpose of profit from bureaucracy -- fight hard against patent quality and in the process they harm everyone, including individual customers



  23. Another Final Nail in the UPC Coffin: UK General Election

    Ratification of the UPC in the UK can drag on for several more years and never be done thereafter, throwing into uncertainty the whole UPC (EU-wide) as we know it



  24. Links 19/4/2017: DockerCon Coverage, Ubuntu Switching to Wayland

    Links for the day



  25. Links 18/4/2017: Mesa 17.0.4, FFmpeg 3.3

    Links for the day



  26. Patents Roundup: Microsoft, Embargo, Tax Evasion, Surveillance, and Censorship

    An excess of patents and their overutilisation for purposes other than innovation (or dissemination of knowledge) means that society has much to lose, sometimes more than there is to gain



  27. How I Learned that Skype is a Spy Campaign (My Personal Story) -- by Yuval Levental

    Skype is now tracking serial numbers, too



  28. Links 17/4/2017: Devil Linux 1.8.0, GNU IceCat 52.0.2

    Links for the day



  29. EPO Patent Quality and Quality of Service Have Become a Disaster, Say EPO Stakeholders

    Stakeholders of the EPO, in various sites that attract them, are complaining about the service of the EPO, the declining quality of patents (and the rushed processes), including the fact that Battistelli's blind obsession with so-called 'production' dooms the already-up-in-flames EPO and makes it uncompetitive



  30. IAM is a Think Tank for Patent Trolls, Software Patents, the EPO, Microsoft, and Whoever Else is Willing to Pay

    The site where you get what you pay for continues to promote highly damaging agenda, which threatens to disrupt operations at a lot of legitimate companies that employ technical people


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