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

06.05.13

Interference With Free(dom) Software Policy in European Governments and Beyond

Posted in Europe, Microsoft, Open XML, OpenDocument, Standard at 5:07 am by Dr. Roy Schestowitz

EU flags

Summary: Countries where policy is written to prioritise Free software (i.e. software controlled by domestic companies) as well as open standards are facing interference from hostile pressure groups

With Microsoft moles inside many governments (we gave lot of examples) it is no wonder that taxpayers don’t have their interests served. As a bit of a primer, consider going through the following Wiki pages:

Over in France, which famously has gotten one of the strongest European pro-FOSS policies in place, funny business is going on. April writes: “The Senate, at first reading, and National Assembly commission of Cultural Affairs and Education, at second reading, voted for a provision giving priority to Free Software and open formats in the future “Public Service for Digital Education.” Regrettably, the government, yielding, without any doubt, to pressure from Afdel and Syntec Numérique, has just filed an amendment neutralizing this provision.”

“Over in Italy, rogue actions are being reported as people try to stall the famous migrations to FOSS.”Recall what Microsoft did about imminent ODF preference in France. It used proxies to derail the democracy and promote OOXML, i.e. Microsoft formats as a ‘standard’ [1, 2, 3, 4].

Speaking of people who boosted OOXML (e.g. Winterford in this case, the writer who became a Microsoft booster after receiving gifts from Microsoft [1, 2]), they are demonising FOSS, comparing the FOSS advocates to “crusaders” and even showing a photo of a medieval shield. The truth is exactly the opposite. The crusaders are the foreigners (multinationals) who try to impose proprietary software on populations across the world. Winterford must not be happy to see ODF elevated in his nation, Australia. He did a lot to promote OOXML after Microsoft had given him gifts.

“Microsoft can sometimes make the Italian Mafia look benign in comparison.”Over here in the UK, policy is being put in place which favours local companies like my employer (FOSS only). Pogson writes: “There it is, a whole government planning how to escape M$ and “partners” bloat. They are going to do IT the right way, considering what will give the desired outcome efficiently instead of just throwing money away to get the desired outcome any way possible. If we all did that would anyone pay ~$100 extra for a PC with M$’s OS on it, $150 extra for M$’s office suite, $thousands to run a server on a network? How about enduring endless malware aimed at the leaking hulk of that other OS and endless re-re-reboots?”

Over in Italy, rogue actions are being reported as people try to stall the famous migrations to FOSS. To quote: “The discussion in the working group that is supposed to detail when Italy’s public administrations should prefer open source over proprietary solutions, is stalling, says lawyer Ernesto Belisario, professor at University of Basilicata in the city of Potenza. “Some of the members think the law stipulates a technical and economical assessment, instead of reading it as a statement supporting open source.””

“The fight for FOSS in the public sector does not end when policies are written.”Recall the role played by Nichi Vendola. Microsoft can sometimes make the Italian Mafia look benign in comparison. Microsoft is desperate to stop FOSS expansion in Italy and some other news from Italy is now properly summarised in our Wiki.

The article above notes that “Carlo Piana, member of the working group on behalf of the Free Software Foundation Europe and the KDE foundation, confirms that the members do not agree on the reading of the law. “It is important that we agree on the interpretation as soon as possible, otherwise the working group will fall short on its tasks. “I don’t believe this will be the outcome, but if the current position persists, the communities I and the other members represent will strongly protest and we will have little choice but to take all the consequences on our contribution.”

“I am sure that the organisation will realise that this is a crucial point. The law clearly supports our position, for many good reasons. While we are aware that some level of compromise is necessary, this cannot be on the substance of the law and on the very mission of our activity. As Mr. Belisario correctly says, some may disagree with the law, in which case they can try to change it; but as long as it remains unchanged, the law must be abided with.”

“One strategy for impeding FOSS growth in Europe has been lobbying for FRAND and the unitary patent (software patents in Europe through the back doors). “The fight for FOSS in the public sector does not end when policies are written. Just look at what Microsoft did in Brazil to bypass policies.

One strategy for impeding FOSS growth in Europe has been lobbying for FRAND and the unitary patent (software patents in Europe through the back doors). Matthias Lamping does not think that the EU should embrace this trajectory for patents. He writes in a pro-patents blog that he “is not a big fan of the unitary patent package – not because it dislikes the idea of unitary patent protection for the Internal Market, but precisely because [he] does like it. However, creating a “unitary patent” which claims EU origin but disclaims EU character, just because something is supposedly better than nothing, is rather an act of desperation than sensible policy making. This is not the place and not the time to repeat old arguments, but [despite Merpel's warning that this might offend the sensibilities of some readers] one thing cannot be said often enough: False integration can be worse than no integration; and a bad court system is not necessarily better than no court at all. It may be true, to a certain extent, that the system can be improved once it is in force. But a house built on a shaky foundation will always be in danger of collapsing, no matter how many cosmetic repairs are made.”

It seems possible that, owing to pressure from countries like Spain, the unitary patent package will fall through. Gérald Sédrati-Dinet, the loudest opposer of the unitary patent package, said the other day:

that’s why I’m now 99.9999% sure that #UnitaryPatent will die, but what a waste of time/energy and political confidence!

The unitary patent package has taught many of us on the developers’ side that there will always be opportunistic lawyers/politicians looking to serve themselves and their friends at governmental/industrial levels. This incestuous relationship is all about self gain. The fight against corruption is perpetual and it is an important fight to be fighting.

‘The only thing necessary for the triumph [of evil] is for good men to do nothing.’

Edmund Burke

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 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



  2. Patent Misconceptions Promoted by the Patent Meta-Industry

    Cherry-picking one's way into the perception of patent eligibility for software and the misguided belief that without patents there will be no innovation



  3. As the United States Shuts Its Door on Low-Quality Patents the Patent Trolls Move to Asia

    Disintegration of Intellectual Ventures (further shrinkage after losing software patents at CAFC), China's massive patent bubble, and Singapore's implicit invitation/facilitation of patent trolls (bubble economy)



  4. Links 17/2/2017: Wine 2.2, New Ubuntu LTS

    Links for the day



  5. Bad Advice From Mintz Levin and Bejin Bieneman PLC Would Have People Believe That Software Patents Are Still Worth Pursuing

    The latest examples of misleading articles which, in spite of the avalanche of software patents in the United States, continue to promote these



  6. Patents Are Not Property, They Are a Monopoly, and They Are Not Owned But Temporarily Granted

    Patent maximalism and distortion of concepts associated with patents tackled again, for terminology is being hijacked by those who turned patents into their "milking cows"



  7. SoftBank Group, New Owner of ARM, Could Potentially Become (in Part) a Patent Troll or an Aggressor Like Qualcomm

    SoftBank grabbed headlines (in the West at least) when it bought ARM, but will it soon grab headlines for going after practicing companies using a bunch of patents that it got from Inventergy, ARM, and beyond?



  8. Technicolor, Having Turned Into a Patent Troll, Attacks Android/Tizen/Linux With Patents in Europe

    Technicolor, which a lot of the media portrayed as a patent troll in previous years (especially after it had sued Apple, HTC and Samsung), is now taking action against Samsung in Europe (Paris, Dusseldorf and Mannheim)



  9. Michelle Lee is Still “in Charge” of the US Patent System

    Contrary to a malicious whispering campaign against Lee (a coup attempt, courtesy of patent maximalists who make a living from mass litigation), she is still in charge of the USPTO



  10. Our Assessment: EPO Wants a Lot of Low-Quality Patents and Low-Paid Staff With UPC (Prosecution Galore)

    The European Patent Office seems to be less interested in examination and more interested in facilitating overzealous prosecution all across Europe and beyond; The Administrative Council has shown no signs that it is interested in profound changes, except those proposed by Battistelli in the face of growing resistance from staff and from ordinary stakeholders



  11. Links 16/2/2017: HITMAN for GNU/Linux, Go 1.8

    Links for the day



  12. Yet More Complaints About the European Patent Office in the Bavarian Regional Government

    Some German politicians do care about the welfare of EPO staff, a lot more so than the EPO's management that is actively crushing this staff



  13. EPO Staff Representatives to Escalate Complaint About Severe Injustices to the EPO's Secretive Board 28

    In a new letter to President Benoît Battistelli it is made abundantly apparent -- however politely -- that Battistelli's gross abuses could further complicate things for Battistelli, who is already embroiled in a fight with his predecessor, Roland Grossenbacher



  14. New Survey Reveals That High Patent Quality, or Elimination of Bad Patents, is Desirable to Patent Holders

    A new survey from Bloomberg BNA and AIPLA reveals that the Patent Trial and Appeal Board (PTAB), which still grows in prominence, is supported by people who have themselves gotten patents (not those who are in the bureaucracy of patents and self-serving politics)



  15. Open Patent Office is Not the Solution; Ending Software Patents is the Solution

    Our remarks about the goals and methods of the newly-established Open Patent Office and what is instead needed in order to combat the menace that threatens software development



  16. New Scholarly Paper Says “UK’s Withdrawal From the EU Could Mean That the Entire (Unitary Patent) System Will Not Go Into Effect”

    A paper from academics -- not from the patent microcosm (for a change) -- provides a more sobering interpretation, suggesting quite rightly that the UPC can't happen in the UK (or in Europe), or simply not endure if some front groups such as CIPA somehow managed to bamboozle politicians into it (ratification in haste, before the facts are known)



  17. Patent Trolls Update: Rodney Gilstrap Maintains His Support for Trolls, MPEG-LA Goes Hunting in China, and Blackberry Hits Nokia

    A roundup of the latest news about patent trolls and what they are up to in the United States, Europe, and Asia



  18. Guest Post: EPO, an Idyllic Place to Work

    The true face of the EPO as explained by an insider, recalling the history that led to the negative image and toxic work atmosphere



  19. Links 15/2/2017: Linux 4.9.10 and Linux 4.4.49

    Links for the day



  20. Claude Rouiller (ILOAT) and ILO Rulings Effectively Disregarded by the European Patent Office

    The compositions of kangaroo courts at the EPO continue to be absurd, in spite of a ruling from the International Labour Organisation (ILO), which insisted that change must be made following a lot of mistrials



  21. National Law Journal Believes That Gorsuch as Supreme Court Justice Would be Opponent of Patent Reform

    Whispering campaign surrounds Neil Gorsuch's alleged or perceived views on patents, and in particular the America Invents Act (AIA) which brought the Patent Trial and Appeal Board (PTAB), a serial invalidator of software patents, owing to Alice (a Supreme Court decision)



  22. Center for Intellectual Property Understanding (CIPU) is a Lobby Group for Software Patents and Patent Maximalism

    An introduction to what the Center for Intellectual Property Understanding really is, what it is for, and who is behind it



  23. The European Patent Office Looks More and More Like the Sicilian Mafia Every Day

    Battistelli has constructed or pulled together a Mafia-like family inside the EPO, where all those who protect the 'King' (or Don) are rewarded and the rest are removed with prejudice



  24. EPO-Connected Writers Are Using Alternative Facts or Fake News to Promote the Unitary Patent in British Media

    The misuse of publications for the purpose of lobbying by Battistelli and Team UPC (a small group of opportunists looking to exploit change that they themselves introduce) is worth noting, for its frequency is on the rise again



  25. Microsoft Has Not Managed to Blackmail Huawei Over Android and GNU/Linux, But Its Trolls/Satellites Are Trying

    The story of Huawei gets more complicated, even though software patents are losing their teeth and notorious patent trolls are altogether losing their patents



  26. IBM Has Become an Enemy of GNU/Linux and a Loud Proponent of Software Patents

    IBM's poisonous policy on patents, which has long been incompatible with Free/Libre software, has gotten even worse and the company now takes the lead in lobbying for patenting of software



  27. Leaked: European Patent Office a Fire Hazard Waiting to Cause Tragedy (Possible Deaths)

    The EPO has known for a while that is was not in compliance with regulations, but as usual -- flaunting immunity and impunity -- nothing happened



  28. For Valentine's Day, Battistelli Learns to Stop Worrying and Love to Lie

    Battistelli lies about patent quality once again, incidentally on the very same day that serious leaks regarding patent quality got published (and need distracting from)



  29. India Cites Public Interest in Patent Case Where Embargo Attempted Against Local Drugmaker

    India turns away a foreign corporation that attempts to use patents to shut down (or destroy the business model of) an Indian company



  30. Links 14/2/2017: Linux Lite 3.4, GNU Health 3.0.6

    Links for the day


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