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

02.22.12

FOSS-Hostile Patent Policies in Europe and the FFII’s Response to That

Posted in Deception, Europe, GNU/Linux, Google, Microsoft, Patents at 12:38 pm by Dr. Roy Schestowitz

Euro

Summary: Patent updates from Europe in particular, including commentary from sound figures of authority

TECHRIGHTS writes a great deal about the “Fraude das Patentes de Software” because this issue was identified as the #1 barrier to FOSS some time in 2006 when Novell went to Microsoft in order to use its software patents against Red Hat et al. Being mere monopolies, software patents impede competition in the software field.

“Software patents without a debate” is the title of the recent presentation slides from the FFII’s president. He chose this title because right now there are private (behind closed doors) discussions and the FFII’s president alleges that “RAND will become will EU law soon thanks to BSA.” The BSA is a Microsoft front group.

Andy Updegrove, whom Microsoft hired some time in the past (it helps pay critics and thereby gag them), has this new piece about FRAND and to quote his Q&A:

A: I think so. What the events of the last few weeks indicate is that perhaps it’s no longer necessary to define what “FRAND” means. Like open source software, more and more people recognize the value and importance of open standards. And just like open source software, you don’t necessarily have to have a narrow definition of what FRAND means. You simply know it when you see it, not by its individual characteristics, but by whether or not it offends the community.

And just like open source, if you take action against one user of open standards, you will increasingly be seen as taking an action against all users of open standards – in other words, against all users of technology. If you decide to do so nevertheless, then you’d better be prepared to answer to that wider audience as well.

If you think about it, you might say that’s not only fair, but reasonable, too.

Microsoft’s disgraced FRAND lobbyists like Florian Müller (whose output is just anti-Google propaganda for his client, Microsoft) take no day of rest. They are doing this on the payroll and cite one another. FRAND policies are for the monopolists, not for the people. Some people might pretend to work for the people or even call themselves “FOSS” something, but they work against the people, for their own bank account.

“The majority of FOSS enthusiasts seem to be unaware or ignoring FRAND”
      –Marti van Lin
Marti van Lin correctly points out that “[t]he majority of #FOSS enthusiasts seem to be unaware or ignoring #FRAND ? is.gd/jqyfRc or perhaps I’ve misinterpreted it!”

He is right. And moreover, there is a lot of FRAND propaganda going on. A lot of it is Microsoft-funded.

The “European Parliament To Exclude Free Software With FRAND” says this new headline from Slashdot. Quoting the submission in full:

First time submitter jan.van.gent writes “The European Parliament is on the verge of adopting a directive reforming standards, reform which would introduce FRAND patent licensing terms, an undefined term which has been seen as a direct attack on the fundamental principles of Free and Open Source software. The Business Software Alliance has been very active trying to get FRAND terms into the directive.”

Here is what the FFII’s press release says: “The European Parliament Consumer Committee is on the verge to reform the standardisation process in Europe. The reform recognises patented interface specifications which discriminate Free Software implementations. Royalties over standards create an unavoidable barrier of entry in the market for small software companies and independent developers.”

The Unitary Patent will continue to be debated as questions about the Unitary Patent continue to be raised by the public. This is a separate but related threat that we’ll address another day.

Meanwhile, over in Israel (sometimes lumped in with Europe, e.g. the ERC), software patents are said to be getting legalised. Lior Kaplan writes:

The Israeli patent registrar have reverted previous ruling regarding patents on software and published a draft for the procedures to accept such patents. The procedures are open to public comments for the next 30 days.

Down under in Australia there has not been patent news for a while, but this talk about software patents in Australia has just been uploaded, so we would like to share it.

Google continues to collect software patents much to the concern of some (“If Google Is Serious About Reforming Patent Mess, It Should Make A Bold Statement And Stop Using Motorola Patents To Demand Cash”) and the EFF, as mentioned the other day, gets increasingly involved in this battle over patents, even though it takes a Google-like approach that does not eliminate patents as a whole. As the FFII’s president put it some days ago, the “EFF does make clear is that advocating for the abolishment of software patents is not likely to be part of this project” (that it launched).

Later he added: “FFII should open a US branch, EFF is incapable of campaigning against software patents” (FFII comprises many engineers, unlike the EFF. Groklaw, which is typically people who are in the field of law and not engineering, takes a similar approach).

As shown here, “EFF still believes in software patents” based on phrases that it uses. Pieter Hintjens writes: “When someone pretentiously talks of “IP violations” I ask, “Patent? Trademark? Copyright? Ship hull design? Plant variety rights?”

“When someone pretentiously talks of “IP violations” I ask, “Patent? Trademark? Copyright? Ship hull design? Plant variety rights?”
      –Pieter Hintjens
He is then told: “You are also missing semiconductor topography rights, design rights. Maybe “trade secrets” as well, M$ likens secrets == IP.”

One might argue that forbidding the sharing of ideas is, in general, a bad thing. That’s more like the FSF approach.

It ought to be mentioned that some of the backlash against Google patents is a PR campaign from Microsoft and its lobbyists, who call the kettle black and hammer on politicians to ensure that Ballmer and his gang can carry on with extortion (under the façade that others are doing it too).

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

What Else is New


  1. Microsoft Layoffs of 2014

    Another quick look at Microsoft's horrible state of affairs and why it has virtually nothing to do with Nokia



  2. Links 22/7/2014: Linux 3.16 RC 6, New UberStudent

    Links for the day



  3. Links 20/7/2014: Jolla in India, Mega Censored in Italy

    Links for the day



  4. Longtime Mono Booster Joins Microsoft-linked Xamarin

    Jo Shields almost joins Microsoft, settling instead for its proxy, Xamarin



  5. Linux Foundation Welcomes Patent Aggressor Red Bend Software

    The Linux Foundation's AllSeen Alliance welcomes as a member a company that uses software patents to sue Free/Open Source software



  6. Matt Levy From Patent Progress (and CCIA) Does Not Really Want Patent Progress

    Matthew ('Matt') Levy moved into a foe of patent progress last year, but he still runs a site calls Patent Progress, in which he diverts all attention to patent trolls (as large corporations such as Microsoft like to do)



  7. Attacking FOSS by Ignoring/Overlooking Issues With Proprietary Software

    The biasing strategy which continues to be used to demonise Free/Open Source software (FOSS) along with some new examples



  8. Links 19/7/2014: CRUX 3.1 is Out, CyanogenMod Competes With Google Now

    Links for the day



  9. Microsoft's Massive Layoffs Go Far Beyond Nokia; Nokia's Android Phones Axed by Microsoft's Elop

    Microsoft's rapid demise and permanent exit from Nokia's last remaining Linux platform (after Microsoft had killed two more)



  10. Patents on Software Already Being Invalidated in Courts Owing to SCOTUS Ruling on 'Abstract' Patents

    The Federal Circuit Appeals Court has just "invalidated a software patent for being overly abstract," says a patents expert



  11. OpenSUSE 'Community' is Crumbling, AttachMSFT Killed SUSE's Potential (Except as Microsoft Tax)

    Not much too see in the land of SUSE and Attachmate, or formerly the company known as Novell



  12. Links 18/7/2014: Slackware Turns 21, Spotify Switches to Ubuntu

    Links for the day



  13. Links 16/7/2014: Manjaro 0.8.10 Third Update, SIA Migrates to Red Hat

    Links for the day



  14. Microsoft's Latest Round of Massive/Bulk/Large-scale Layoffs

    Microsoft boosters are preparing 'damage control' pieces ahead of massive layoffs at Microsoft



  15. Secrecy Allows British Government to be Manipulated by Microsoft for Spyware Behind Closed Doors

    Dependence on malicious software from NSA ally Microsoft is highly dependent, at least in Britain, on government secrecy and vain refusal to comply with Freedom of Information (FOI) requests



  16. Software Patent Applications Already Being Rejected in the US Owing to SCOTUS Ruling, Some Patent Lawyers Are Fuming

    Good news on the software patents front as the USPTO starts rejecting software patent applications, based on patent lawyers' words



  17. Links 15/7/2014: New Plasma, Google Announces Project Zero

    Links for the day



  18. Interest in Free Software Coverage and 9 Months With Tux Machines

    Thoughts about the level of interest in Free/Open Source software (FOSS) and growth of at least some sites that focus on GNU/Linux



  19. White House Backs Away From Appointing Patents Zealot to Top USPTO Position

    Philip Johnson is no longer poised to become the Director of the USPTO, which is basically an establishment that provides protectionism to primarily US-based corporations



  20. Professor James Bessen Presents the Case Against Software Patents After Important SCOTUS Ruling

    The debate about software patents in the Unites States continues, with academia on one side and greedy patent lawyers on the other



  21. Software Patents Demising in the US as Microsoft Patent Attacks on Android/Linux Suffer a Huge Setback

    M-Cam's assessment of Microsoft's bundle of extortion (using software patents) shows toothlessness, irrespective of the SCOTUS decision to effectively annul "abstract" software patents



  22. Links 13/7/2014: KDE Activity Surge

    Links for the day



  23. Pro-Microsoft Spin in Microsoft-Funded News Networks

    The rogue media (misinformation) campaign of Microsoft benefits from networks which have been paid by Microsoft over the years



  24. Cronyism at Play: European Hostility Towards Free/Libre Software Despite Espionage and Moles

    Europe continues to be held hostage with back doors, lock-in, and massive payments to foreign powers, despite evidence that these powers are destructive and hostile



  25. Wirelessly-Controlled Contraceptives and Other Villainous Bill Gates Initiatives

    Remote controls for people's reproductive systems are now in the making and Bill Gates is a prominent investor in the technology



  26. Links 12/7/2014: CrossOver, New Wine

    Links for the day



  27. Links 10/7/2014: LXLE 14.04 in Headlines, Plasma 5

    Links for the day



  28. OpenDocument Format (ODF) Still Alive and Kicking

    Caligra, WebODF and various influential nations' departure from Microsoft Office will help famous projects such as OpenOffice.org and LibreOffice make ODF the only international standard for editable documents exchange



  29. The Effect of Corporate Media Bias: FOSS Demonisation and Microsoft Openwashing

    A set of very recent examples where the corporate press produces FOSS-hostile articles (or pro-Microsoft articles) by citing biased sources of convenience



  30. The NSA's Top (and First) PRISM Partner, Microsoft, Lies to Governments and Businesses as Office Gets Banned in China

    Developments in China reveal that security and privacy threats posed by reliance on Microsoft are so great that a ban becomes inevitable and continues to expand (Microsoft put on more and more block lists and blacklists)


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