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

03.10.13

Microsoft Successfully Used FRAND to Inject Software Patents Into Europe and Discriminate Against Free Software

Posted in Europe, Free/Libre Software, Microsoft, Patents, RAND at 10:48 am by Dr. Roy Schestowitz

Belgium

Summary: Under many people’s noses, and with help from an army of lobbyists, Microsoft and its allies exclude their main competitors, through legislation

The FRAND debate has got lawyers dedicated to the matter [1, 2, 3] and there is a great deal of deception in the pipeline, promoting software patents through FRAND even in Europe. As Pamela Jones notes in her reply to the EU Commission’s page:

Note that, sadly, the Guidelines recognize patent licensing of software as legitimate (p. 5, plus first sentence, above, from the draft), although they seem to exempt non-practicing entities (p. 41, 133(c)) from the benefits of this acceptance. Another detail, on page 69, is: “Where the pool has a dominant position on the market, royalties and other licensing terms should be FRAND and licences should be non-exclusive.” I gather they are adopting Google’s suggestion that de facto standards should be licensed as FRAND. Someone needs to explain to them, though, that FRAND excludes the GPL, the license on Linux. The purpose of all this is supposed to be to encourage competition, after all. Instructions on how to email or mail the Commission with comments are on the linked page.

Incidentally, Jones explains why the EU fine [1, 2, 3] for Microsoft abuses is inadequate:

What about the fact that in effect Microsoft has been able to “buy” noncompliance? By that I mean, the browser screen was supposed to be made available for 5 years. It wasn’t made available for 14 months. Is the browser screen going to be kept in effect 14 months longer than the original cutoff date, to make up for that breach? According to this New York Times article, the date is still 2014. If so, Microsoft makes out like a bandit, once again. I’ve written to the EU Commission asking them about this issue, and I’ll post any reply I receive.

[...]

At least the EU Commission is doing something, which is more than the US is doing. But Microsoft… how can anyone still be naive about Microsoft? Why would any agency believe what they say without checking, setting up a system where nobody had to check up on them for two years, given the track record? And they can’t say nobody warned them.

[...]

And may I add, no agency should believe what they say about their competitors without checking, either. Take it from the US, where we watched Microsoft’s fancy dancing to delay obedience to the US compliance requirements after the US v. Microsoft case. The EU Commission itself has some experience with having to fine Microsoft to ensure compliance before, too. Now we have been watching Microsoft on an anti-Google FUD campaign, in the media and to regulators, along with its running dogs, all of whom complain about Google in chorus. I have concluded, personally, that Microsoft just doesn’t want to be the only tech company punished for anticompetitive behavior.

Right now Microsoft is using software patents (even in Europe) to extort its competition. Will the Commission recognise this? This is anti-competitive.

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. The EPO's Francesco Zaccà Presenting in Turin Alongside Patent Trolls (Like the Patent Mafia Sisvel) and Lobbyists/Front Groups for Software Patents, UPC

    Benjamin Henrion (FFII) on seeing the EPO alongside patent trolls and other nefarious actors, doing what they do best, which is undermining public interests and harming patent quality



  2. The EPO, USPTO, and Patent Microcosm Peddle Myths About Patents in Public Universities and Research

    Tackling some of the commonly-spread myths about patents as "saving lives" and "promoting research" (in practice leading to the death of poor people and promoting trolls)



  3. Large Corporations' Lobbyist David Kappos Disgraces Former Employer USPTO by Meddling in Their Affairs on Software Patents, Downplaying the Supreme Court

    The latest lobbying from David Kappos, who blatantly exploits his connections in patent circles to promote software patents and work towards their resurgence after Alice v CLS Bank



  4. Journal of Intellectual Property Law and Practice Calls the European Patent Office “Rotten”, Other Sources Scrutinise Recent Moves

    The patent office which was once known for being the best bar none is rotting under the Frenchman Benoît Battistelli, who made himself and his friends the main clients of the Office



  5. PTAB Emerges as Hero of USPTO Because Quality of Patents Improves, Software Patents Are Effectively Dead (or Dying Once Reassessed)

    With help from the Patent Trial and Appeal Board (PTAB) -- not just patent courts -- software patents drop like flies by the thousands



  6. Creative Technology, Now Operating in 'Patent Troll' Mode, Shot Down by the ITC; Jawbone Too Shot Down

    Some good news from the U.S. International Trade Commission (ITC), which may have put an end to Creative's new war on Android (using old patents)



  7. Corporate Media in India Misrepresents Startups to Push for Software Patents

    A parade of misinformation as seen in Indian (but English-speaking) press this week as questions about patentability of software resurface



  8. Links 25/8/2016: Linux Turns 25, NetworkManager Turns 1.4

    Links for the day



  9. Links 24/8/2016: More From LinuxCon, Uganda Wants FOSS

    Links for the day



  10. Links 23/8/2016: GNOME 3.22 Beta, Android 7.0 Nougat

    Links for the day



  11. The Linux Foundation Gives Microsoft (Paid-for) Keynote Position While Microsoft Extorts (With Patents) Lenovo and Motorola Over Linux Use

    This morning's reminder that Nadella is just another Ballmer (with a different face); Motorola and Lenovo surrender to Microsoft's patent demands and will soon put Microsoft spyware/malware on their Linux-powered products to avert costly legal battles



  12. Not Just President Battistelli: EPO Vice-Presidents Are Still Intentionally Misrepresenting EPO Staff

    Evidence serving to show that EPO Vice-Presidents are still intentionally misrepresenting EPO staff representatives and misleading everyone in order to defend Battistelli



  13. Battistelli the Liar Causes a Climate of Confrontation in French Politics, Lies About Patent Quality (Among Many Other Things)

    Battistelli's lies are coming under increased scrutiny inside and outside the European Patent Office (EPO), where patent quality has been abandoned in order to artificially elevate figures



  14. The Collapse of Software Patents and Patent Law Firms Trying to “Overcome” Alice

    The United States continues its gradual crackdown on software patents (which are viewed as abstract and thus unpatentable), whereas in Europe things are murkier than ever



  15. Apple's Patent Wars Against Android/Linux Make Patent Trolls Stronger

    Apple's insistence that designs should be patentable could prove to be collectively expensive, as patent trolls would then use a possible SCOTUS nod to launch litigation campaigns



  16. Links 22/8/2016: Linux 4.8 RC3, Linux Mint 18 “Sarah” KDE Beta

    Links for the day



  17. Links 21/8/2016: Apple and Microsoft Down, Systemd Spreading to Mount

    Links for the day



  18. Links 20/8/2016: Android Domination, FSFE summit 2016

    Links for the day



  19. Patents Roundup: Trolls Dominate Litigation, PTAB Crushes Patents, Patent Box Regime Persists, and OIN Explains Itself

    Another roundup of patent news from around the Web with special focus on software patenting



  20. The Cost/Toll of the 'New' EPO and Where All That Money Goes or Comes From

    The European Patent Office has become a servant of the rich and powerful (including large foreign corporations) and even its own employees now pay the price associated with misguided new policies (or 'reforms' as Battistelli habitually refers to these)



  21. Links 19/8/2016: Linux Mint With KDE, Linux Foundation's PNDA

    Links for the day



  22. The End of an Era at the USPTO as Battistelli-Like (EPO) Granting Policies Are Over

    The United States is seeing the potency of patents -- especially software patents (which make up much of the country's troll cases) -- challenged by courts and by the Patent Trial and Appeal Board (PTAB)



  23. Battistelli's European Patent Office Goes to the United States to Speak About the UPC and Software Patents

    The European Patent Office is showing its utter contempt -- not just disregard -- for the very fundamental rules that put it in its place and brought it into existence



  24. Turkey Subjected to the European Patent Convention (EPC) But Benoît Battistelli is Not?

    The ‘constitutional crisis’ at the European Patent Office in the context of Turkey, which has signed "the EPC and as such recognises the competence and the decisions of the institutions which have been introduced in the convention."



  25. Links 18/8/2016: EFF Slams Vista 10, Linux Foundation Makes PNDA

    Links for the day



  26. Links 17/8/2016: GNOME and Debian Anniversaries

    Links for the day



  27. Personal Audio LLC and Patent Troll Jim Logan Demonstrate the Harms of Software Patents and Why They Must Never Spread to Europe

    Jim Logan of Personal Audio (a notorious Texas-based patent troll) is still fighting with his bogus patent, having already caused enormous damage with a single software patent that should never have been granted in the first place (due to prior art, not just Alice)



  28. The Patent Microcosm Hopes That the Originators of Software Patents Will Undermine the Patent Trial and Appeal Board

    Now that the actions of the Patent Trial and Appeal Board (PTAB), which have been consistently upheld by the CAFC in precedential decisions, are suddenly being questioned the patent microcosm gets all giddy and tries to undermine PTAB (again)



  29. That Time When the Administrative Council Helped Battistelli Crush Oversight (Audit Committee) and What ILO Said About It a Month Ago

    Things are becoming ever more troublesome at the EPO as the Administrative Council enjoys inaction from the International Labour Organization (ILO), in spite of its role in destroying much-needed oversight at the behest of Battistelli



  30. The EPO's Administrative Council Keeps Postponing Debate About Grounds for Firing the President

    A recollection of events prior to the latest Administrative Council meeting, where Benoît Battistelli's failings and accountability for failing to correct them never even came up


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