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 21/10/2014: Debian Fork Debate, New GNU IceCat

    Links for the day



  2. Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web



  3. Microsoft 'Loving' GNU/Linux and Other Corporate Media Fiction

    Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also "loves Linux"



  4. India May be Taking Bill Gates to Court for Misusing His So-called 'Charity' to Conduct Clinical Trials Without Consent on Behalf of Companies He Invests in

    Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not "charity")



  5. The Problems With Legal Workarounds, Patent Scope, and Expansion of Patent Trolls to the East

    Patent trolls are in the news again and it's rather important, albeit for various different reasons, more relevant than the ones covered here in the past



  6. Links 20/10/2014: Cloudera and Red Hat, Debian 7.7, and Vivid Vervet

    Links for the day



  7. Links 20/10/2014: 10 Years Since First Ubuntu Release

    Links for the day



  8. How Patent Lawyers Analyze Alice v. CLS Bank

    Breaking down a patent lawyer's analysis of a Supreme Court's decision that seemingly invalidated hundreds of thousands of software patents



  9. Is It Google's Turn to Head the USPTO Corporation?

    The industry-led USPTO continues to be coordinated by some of its biggest clients, despite issues associated with conflicting interests



  10. The EPO's Public Relations Disaster Amid Distrust From Within (and EPO Communications Chief Leaves): Part VII

    Amid unrest and suspicion of misconduct in the EPO's management (ongoing for months if not years), Transparency International steps in, but the EPO's management completely ignores Transparency International, refusing to collaborate; the PR chief of the EPO is apparently being pushed out in the mean time



  11. Links 18/10/2014: Debian Plans for Init Systems, Tails 1.2

    Links for the day



  12. Links 18/10/2014: New ELive, Android Expansion

    Links for the day



  13. Another Fresh Blow to Software Patents (and With Them Patent Trolls)

    Another new development shows that more burden of proof is to be put on the litigant, thus discouraging the most infamous serial patent aggressors and reducing the incentive to settle with a payment out of court



  14. Links 16/10/2014: New Android, SSL 3.0 Flaw

    Links for the day



  15. How the Corporate Press Deceives and Sells Microsoft Agenda

    Various new examples of media propaganda that distorts or makes up the facts (bias/lies by omission/selection) and where this is all coming from



  16. Vista 10 is Still Vapourware, But We Already Know It Will Increase Surveillance on Its Users and Contain Malicious Back Doors

    The villainous company which makes insecure-by-design operating systems will continue to do so, but in the mean time the corporate press covers only bugs in FOSS, not back doors in proprietary software



  17. Links 15/10/2014: KDE Plasma 5.1 is Out, GOG Reaches 100-Title Mark

    Links for the day



  18. With .NET Foundation Affiliation Xamarin is Another Step Closer to Being Absorbed by Microsoft

    Xamarin is not even trying to pretend that separation exists between Microsoft and its work; yet another collaboration is announced



  19. The EPO's Protection Triangle of Battistelli, Kongstad, and Topić: Part VI

    Jesper Kongstad, Benoît Battistelli, and Zeljko Topić are uncomfortably close personally and professionally, so suspicions arise that nepotism and protectionism play a negative role that negatively affects the European public



  20. Corporate Media Confirms the Demise of Software Patents in the United States; Will India and Europe Follow?

    It has become increasingly official that software patents are being weakened in the United States' USPTO as well as the courts; will software leaders such as India and Europe stop trying to imitate the old USPTO?



  21. Links 14/10/2014: CAINE 6, New RHEL, Dronecode

    Links for the day



  22. Microsoft's Disdain for Women Steals the Show at a Women's Event

    Steve Ballmer's successor, Satya Nadella, is still too tactless to lie to the audience, having been given --through subversive means -- a platform at a conference that should have shunned Microsoft, a famously misogynistic company



  23. SCOTUS May Soon Put an End to the 'Copyrights on APIs' Question While Proprietary Giants Continue to Harass Android/Linux in Every Way Conceivable

    Google takes its fight over API freedom to the Supreme Court in the Unites States and it also takes that longstanding patent harassment from the Microsoft- and Apple-backed troll (Rockstar) out of East Texas



  24. Patent Lawsuits Almost Halved After SCOTUS Ruling on 'Abstract' Software Patents

    The barrier for acceptance of software patent applications is raised in the United States and patent lawsuits, many of which involve software these days, are down very sharply, based on new figures from Lex Machina



  25. Links 13/10/2014: ChromeOS and EXT, Debian Resists Systemd Domination

    Links for the day



  26. Links 12/10/2014: Blackphone Tablet, Sony's Firefox OS Port

    Links for the day



  27. Links 9/10/2014: Free Software in Germany, Lenovo Tablets With Android

    Links for the day



  28. Links 8/10/2014: A Lot of Linux+AMD News, New ROSA Desktop Is Out

    Links for the day



  29. Lawyers' Propaganda About Software Patents and a New AstroTurf Entity Called Innovation Alliance

    Patent propaganda and deception from patent lawyers (among other parasites such as patent trolls) continues to flood the Web, intersecting with reports that prove them totally wrong



  30. How Microsoft Handles Disasters: Grace Hopper Conference Has Been Infiltrated by "Microsoft Disaster Response"

    Free/Open Source software (FOSS) must be a disaster to Microsoft's bottom line because Microsoft is sending "Microsoft Disaster Response" to infiltrate and disrupt a conference about women in FOSS


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