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. The Patent Trial and Appeal Board (PTAB) and the Federal Circuit (CAFC) Take on Patents Pertaining to Business Methods

    Patents on tasks that can be performed using pen and paper (so-called 'business methods', just like algorithms) and oughtn't be patent-eligible may be the next casualty of the America Invents Act (AIA)



  2. Google's Stewardship of GNU/Linux (Android, Chromebooks and More) in Doubt After Company Resorts to Patent 'First Strikes'

    Google has just turned a little more evil, by essentially using patents as a weapon against the competition (by no means a defensive move)



  3. Links 24/2/2017: Ubuntu 17.04 Beta, OpenBSD Foundation Nets $573,000 in Donations

    Links for the day



  4. IAM, Greased up by the EPO, Continues Lobbying by Shaming Tactics for the UPC, Under the Guise of 'News'

    The shrill and well-paid writers of IAM are still at it, promoting the Unitary Patent (UPC) at every opportunity and every turn



  5. Patent Scope Gone Awry: European Vegetable Patents Office?

    In its misguided race to raise so-called 'production', the EPO lost sight of its original goals and now facilitates patent royalty payments/taxation for naturally-recurring items of nature



  6. Yes, There is Definitely Brain Drain (Experience Deficit) at the European Patent Office and Stakeholders Feel It

    The direction that the European Patent Office has taken under Battistelli undoes many decades (almost half a century) of reputation-building and progress and naturally this repels existing staff, not to mention hampers recruitment efforts



  7. The Sickness of the EPO – Part IV: Cruel Management That Deliberately Attacks the Sick and the Weak

    The dysphoric reality at the European Patent Office, which is becoming like a large cell (with bolted-down windows) where people are controlled by fear and scapegoats are selected to perpetuate this atmosphere of terror and maintain demand (or workload) for the Investigative Stasi



  8. Links 23/2/2017: Qt 5.9 Alpha, First SHA1 Collision

    Links for the day



  9. UPC Roundup: War on the Appeal Boards, British Motion Against the UPC, Fröhlinger Recalled, and Fake News About Spain

    Taking stock of some of the latest attempts to shove the Unitary Patent (UPC) down Europe's throat, courtesy of Team Battistelli and Team UPC



  10. The Sickness of the EPO – Part III: Invalidity and Suicides

    An explanation of what drives a lot of EPO veterans to depression and sometimes even suicide



  11. The Appeal Board (PTAB) and Federal Circuit (CAFC) Maintain Good Pace of Patent Elimination Where Scope Was Exceeded

    The Court of Appeals for the Federal Circuit (CAFC) continues to accept about 4 out of 5 decisions of the Patent Trial and Appeal Board (PTAB) and the US Supreme Court (SCOTUS) refuses to intervene



  12. Software Patents Are Ebbing Away, But the “Swamp” Fights Back and Hijacks the Word “Fix”

    The club of patent maximalists, or those who profit from excess prosecution and legal chaos, isn't liking what has happened in the United States and it wants everything reversed



  13. Report From Yesterday's Debate About the European Patent Office (EPO) at the Bavarian Landtag

    A report of the EPO debate which took place at the Bavarian Landtag yesterday (21/2/2017)



  14. Links 22/2/2017: Wine-Staging 2.2, Nautilus 3.24

    Links for the day



  15. French Politician Richard Yung Tells the Government About Abuses at the European Patent Office (EPO)

    The subject of EPO scandals has once again landed in French politics, just a couple of months since it last happened



  16. The Sickness of the EPO – Part II: Background Information and Insights

    With a privatised, in-house (sometimes outsourced and for-profit) force for surveillance, policing, justice, public relations and now medical assessment (mere vassals or marionettes of the management) the EPO serves to show that it has become indistinguishable from North Korea, where the Supreme Leader gets to control every single aspect (absolutely no separation of powers)



  17. EPO Cartoon/Caricature by KrewinkelKrijst

    A new rendition by Dutch cartoonist and illustrator KrewinkelKrijst



  18. Inverting Narratives: IAM 'Magazine' Paints Massive Patent Bully Microsoft (Preying on the Weak) as a Defender of the Powerless

    Selective coverage and deliberate misinterpretation of Microsoft's tactics (patent settlement under threat, disguised as "pre-installation of some of the US company’s software products") as seen in IAM almost every week these days



  19. The Sickness of the EPO – Part I: Motivation for New Series of Articles

    An introduction or prelude to a long series of upcoming posts, whose purpose is to show governance by coercion, pressure, retribution and tribalism rather than professional relationship between human beings at the European Patent Office (EPO)



  20. Insensitivity at the EPO’s Management – Part VII: EPO Hypocrisy on Cancer and Lack of Feedback to and From ECPC

    The European Cancer Patient Coalition (ECPC), which calls itself "the largest European cancer patients' umbrella organisation," fails to fulfill its duties, says a source of ours, and the EPO makes things even worse



  21. Links 21/2/2017: KDE Plasma 5.9.2 in Chakra GNU/Linux, pfSense 2.3.3

    Links for the day



  22. EPO Caricature: Battistelli's Wall

    Battistelli's solution to everything at the EPO is exclusion and barriers



  23. The 'New' Microsoft is Still Acting Like a Dangerous Cult in an Effort to Hijack and/or Undermine All Free/Open Source Software

    In an effort to combat any large deployment of non-Microsoft software, the company goes personal and attempts to overthrow even management that is not receptive to Microsoft's agenda



  24. PTAB Petitioned to Help Against Patent Troll InfoGation Corp., Which Goes After Linux/Android OEMs in China

    A new example of software patents against Free software, or trolls against companies that are distributing freedom-respecting software from a country where these patents are not even potent (they don't exist there)



  25. Links 20/2/2017: Linux 4.10, LineageOS Milestone

    Links for the day



  26. No, Doing Mathematical Operations on a Processor Does Not Make Algorithms Patent-Eligible

    Old and familiar tricks -- a method for tricking examiners into the idea that algorithms are actual machines -- are being peddled by Watchtroll again



  27. Paid-for UPC Proponent, IAM 'Magazine', Debunked on UPC Again

    The impact of the corrupted (by EPO money) media goes further than one might expect and even 'borrows' out-of-date news in order to promote the UPC



  28. Lack of Justice in and Around the EPO Drawing Scrutiny

    The status of the EPO as an entity above the law (in Germany, the Netherlands, Switzerland and so on) is becoming the subject of press reports and staff is leaving in large numbers



  29. Links 19/2/2017: GParted 0.28.1, LibreOffice Donations Record

    Links for the day



  30. The EPO is Becoming an Embarrassment to Europe and a Growing Threat to the European Union

    The increasingly pathetic moves by Battistelli and the ever-declining image/status of the EPO (only 0% of polled stakeholders approve Battistelli's management) is causing damage to the reputation of the European Union, even if the EPO is not a European Union organ but an international one


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