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

10.08.17

Microsoft Lobbying, the EPO, and Software Patents Disguised as ‘Internet of Things’

Posted in Europe, Microsoft, Patents, RAND, Standard at 6:03 pm by Dr. Roy Schestowitz

“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway” —Marshall Phelps (Microsoft at the time)

ITU Microsoft

Summary: The European Patent Office (EPO) continues to act like a vassal of patent aggressors, Microsoft carries on pretending that it’s no longer attacking Free software, and evidence shows that patent policy is being perturbed by lobbyists connected to Microsoft

TECHRIGHTS published many thousands of articles about Microsoft, particularly regarding the company’s use (or misuse) of patents. It’s no secret that Microsoft front groups and other nefarious lobbies want to make Free/Open Source software more difficult (if not impossible) in Europe. Microsoft lobbies if not bribes for the removal of GNU/Linux not just from Munich but also anywhere else around Germany and Europe as a whole. We wrote many articles about it over the years. We gave many concrete examples. We also published some secret E-mails to that effect. The evidence is there, but corporate media is rarely interested in such stories; there’s a PR campaign going on now. It’s more profitable. Nasty spin is what brings income. Malicious companies that elevated themselves to dominance/monopoly by dirty tricks and sometimes crime don’t just change overnight; they might simply hire more lobbyists (for better connections) and deploy better marketing. “Microsoft loves Linux” is one of the latest incredible lies*.

“Malicious companies that elevated themselves to dominance/monopoly by dirty tricks and sometimes crime don’t just change overnight; they might simply hire more lobbyists (for better connections) and deploy better marketing.”Recently we saw further evidence that Apache had been compromised. Microsoft paid the ASF too much and even put its own ‘moles’ (or full-time staff) in leadership positions at the ASF. And let’s not even mention the LF and OSI. That may be a subject for another day. Notice how Microsoft never joined OIN and never promised not to sue/threaten with patents (the same promise needs to be made for Microsoft-connected patent trolls). In 2017, unfortunately, Microsoft continues to operate like the Mafia; it pays those who may otherwise speak out (or simply ‘eliminates’ them) while patent blackmail goes on covertly.

The other day we found out that the BSA-connected firm of Bill Gates’ father, a firm which is also connected to Microsoft lobbyists, is targeting the EPO now. As a reminder, many employees of the Business Software Alliance (BSA) moved back and forth (from and to this firm). We wrote a lot about that around 2007. This article came out a few days ago:

K&L Gates has launched a European Patent Office (EPO) practice.

The new practice, combined with K&L Gates’ network of intellectual procurement, portfolio management, and litigation lawyers and patent attorneys makes it the only fully integrated global law firm with full-service patent capabilities in the US, Australia, and Europe, it claims.

“Some time back, we embarked on the mission of bolstering our global patent prosecution capabilities to include an EPO practice in order to better provide our clients with a truly global IP solution,” said Robert M. Barrett, a partner at the firm’s Chicago office.

Remember that a lot of the staff is connected to the BSA, which we’ll come to in a moment.

As we have been pointing out for a number of months, the “IoT” buzzword is nowadays being used as a loophole for software patents. Another such word is “AI”, which only yesterday Watchtroll tried to frame as patentable (in spite of Alice). A few days ago we saw a new press release that said “AI Technology Patents” in the headline. “AI” is just a codeword for software patents which are neither allowed nor enforceable in the US anymore. “Procurement Software Company Xeeva Announces Receipt of Multiple AI Technology Patents,” it said, but these are simply software patents ‘dressed up’ as something scientific or smart. As we shall show in a moment, Microsoft uses such buzzwords more and more.

“What we basically have here are patent radicals plotting to put software patents right inside standards using the “IoT” buzzword.”As for the EPO, internal documents exposed that it had offered Microsoft an inherently-discriminatory fast lane. And yet, the "SMEs" lies continue to be trotted out. Here’s one from Friday, followed by retweeting of others who do the same. This is all based on a big lie from the EPO — the pure nonsense which is EPO working for SMEs rather than to their impediment/detriment. See “Using intellectual property to help large multinationals harness their innovative edge” — that’s the headline and tone of an article published by IAM some days ago. We’re expected to believe that anyone other than these “large multinationals” (or patent trolls) would benefit. But nothing could be further from the truth.

Now comes the interesting part. Last month we wrote quite a bit about IP Europe and the EPO. Days ago someone told us about “European Standardization” with “Francisco MINGORANCE (IP Europe)” in it. It’s about so-called ‘IoT’ and there’s a “Kick-off meeting CEN-CENELEC/WS IoT SEP licensing” (“SEP licensing” is standard-essential patent tax).

So the lobbyists are once again killing everything that is sane!

Mingorance isn’t new to us. We wrote about him when he worked for the BSA and more recently in relation to the UPC and EPO [1, 2]. They’re all pretty close.

What we basically have here are patent radicals plotting to put software patents right inside standards using the “IoT” buzzword. They link to a patent maximalists’ site and tweet: “#Standards bodies, global tech developers & users to create a European Vision for #SEP licensing for #IoT and #5G”

“Sites like Groklaw and Techrights sort of gave up on ASF ages ago, for various different reasons, even well before their chief was a Microsoft employee.”As the President of the FFII interpreted it, “5G and IOT standards to be dominated by trolls, making free software impossible [] Today swpat [software patents] lobbyists meetup to exclude free software from 5G and IOT https://is.gd/eaT8xS”

Incidentally, only days ago IAM published this article titled “Monetising patented wireless technologies”, composed by Marc Pépin from TechPats, Ottawa, Canada. About a week ago we also heard from inside sources about a war on Free software in wireless technology. They’re understandably concerned when software patent are being painted “IoT” or G*” to impose a tax on everything, rendering Free software unsuitable for purpose.

It was pointed out to us that Apache played a role in it, too. Sites like Groklaw and Techrights sort of gave up on ASF ages ago, for various different reasons, even well before their chief was a Microsoft employee. As it turns out, Jim Jagielski became part of the problem and he recently sent a shout-out to Sam Ramji and congratulated Microsoft. It would not be a big deal if he hadn’t also been “very big” on Inner Source, and gave 3 talks at this secret event, InnerSource Commons Fall Summit 2017.

“As a reminder, Microsoft is still lobbying quietly (more quietly than IBM) against Alice. Microsoft wants to leverage software patents against everyone.”Then there’s this event, Second Joint ITU-NGMN Alliance Workshop on Open Source and Standards for 5G. Hosted by Microsoft! This is what entryism looks like. This is the second workshop and the first one was hosted by Qualcomm.

“Software patents are the key issue there,” we got told, and “the mobile industry wants to define FOSS as “access to the code” and normalise separate patent agreements, and wants regulators to endorse that position.”

As a reminder, Microsoft is still lobbying quietly (more quietly than IBM) against Alice. Microsoft wants to leverage software patents against everyone.
_____
* The PR campaign is so strong and so broad that one gets nothing but scorn (like “tinfoil hat”) for being sane and rational about what Microsoft is truly up to.

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. They Came, They Saw, He Died

    Microsoft is an inherently sociopathic company; today's story of AppGet is an important reminder that Microsoft has not changed and isn't changing (Maui is another week-old example of trademark-hijacking tactics by Microsoft)



  2. Microsoft-Connected CloudGuru Doesn't Care About GNU/Linux and Now It's Gradually Killing the BSD/Linux-Centric Jupiter Broadcasting (Bought by Linux Academy)

    Assuming Docker is being 'killed' by Microsoft (or at least hijacked to push Windows, Azure and so on) while the GitHub-hosted (Microsoft) CloudGuru, whose co-founder comes from Microsoft, ‘finishes the job’ with Linux Academy and its assets, it’s time to take stock of a pattern/trend that ruins the media too



  3. What Happened to Docker is a Cautionary Tale About the Not-So-New Microsoft

    It’s hardly shocking that Docker collapsed (mass-scale layoffs) after the company had gotten close to Microsoft and got rid of its very own founder (a Red Hat veteran) while the software is being killed off/co-opted by Microsoft (all over the news this week; we’ve omitted links by intention as it’s only puff pieces, no investigative journalism anywhere); we only ask one thing: is anyone paying attention and, if so, what are the lessons learned?



  4. If You Want to Support and Follow Us 'Properly', Really Simple Syndication (RSS) is Most Reliable and Robust to Censorship

    Our longstanding position on social control media (we reject it and don't participate in it) is only proven ever more justified now that the mere idea of fact-checking is seen as controversial if not illegal



  5. Links 29/5/2020: Genode OS 20.05 and FSF Video Conferencing Service

    Links for the day



  6. IRC Proceedings: Thursday, May 28, 2020

    IRC logs for Thursday, May 28, 2020



  7. Weaponised Media Promoting an Illegal Patent System (UPC), Exploiting Major Pandemic in the Process

    The whole 'unitary' scam/ploy (merely a Trojan horse for litigation and low-quality/invalid patents) is being promoted by Thierry Breton as EU Internal Market Commissioner (in spite of illegalities and constitutional issues), merely reinforcing the view that the EU is rather complicit in the abuses perpetrated by Team Battistelli; the media in the pockets of oligarchs and litigation firms (fronting for these oligarchs) plays along, as usual



  8. Links 28/5/2020: OpenSSH 8.3, New Mesa Release, Raspberry Pi 4 News, Fedora 32 Elections

    Links for the day



  9. The EPO Became a Very Radical Institution

    Projection tactics are doomed to say more about the people who utilise them than about anybody else; the EPO has become so autocratic and corrupt that corruption is seen as normal and workers who explain this corruption are framed as "irrational" or "crazy" or "radical"



  10. IRC Proceedings: Wednesday, May 27, 2020

    IRC logs for Wednesday, May 27, 2020



  11. Allegations That Microsoft Will Ruin Besieged Clinics and Hospitals to Retaliate Against Those Who Name the Culprit

    With a broader picture coming into view, as per the above index, we're starting to wrap up the series while issuing a call for more stories and eyewitness testimonies, exposing the nature of attacks on hospitals (those almost always target Microsoft and others' proprietary software, which is technically unfit for purpose)



  12. Microsoft Has Ideas...

    Based on the pattern of media coverage, composed by Microsoft MVPs and Microsoft-affiliated blogs/sites, confusing the public about the meaning of GNU/Linux is reminiscent of an "Extend" phase



  13. ZDNet Proves Our Point by Doing Not a Single Article About Linux (RC7), Only About Linus and Windows Clickbait Junk

    It seems abundantly clear that nobody wants to cover the actual news about Linux and instead it’s all about which PC Linus Torvalds is using (gossip/tabloid); ZDNet‘s latest two articles are an example of this…



  14. UPC Lies That Make One Laugh...

    IP Kat and Bristows (overlaps exist) are still pretending that the UPC is coming because reality doesn’t seem to matter anymore, only self-serving agenda



  15. Canonical Continues to Help Promote Windows Instead of GNU/Linux or Ubuntu

    Thrice in the past week alone Canonical used the official “Ubuntu Blog” to help Microsoft instead of GNU/Linux and it is part of a disturbing trend which lends credibility to jokes or rumours about a Microsoft takeover; it's not like many people use this thing, either (Canonical helps Microsoft shore up a dying/languishing EEE attempt)



  16. Links 27/5/2020: CoreOS Container Linux Reaches Its End-Of-Life, 2020 GNOME Foundation Elections Coming

    Links for the day



  17. IRC Proceedings: Tuesday, May 26, 2020

    IRC logs for Tuesday, May 26, 2020



  18. GNEW Seedlings vs. Free Software Deforestation

    “The idea of the GNEW Project really is about keeping the goals of the GNU Project alive — hopefully, they won’t destroy or co-opt too much of the GNU Project, that people like the Hyperbola devs can’t fix it with BSD.”



  19. Joi Ito Already Admitted on the Record That Bill Gates Had Paid MIT Through Jeffrey Epstein

    An important exhibit for the accurate historical record (because MIT has been trying to deny truth itself)



  20. It's Convenient to Call All Your Critics Nuts and/or Jealous

    Bill Gates antagonists are not motivated by hatred or jealousy but a sense of injustice; spoiled brats who break the law aren’t a source of envy any more than mass murderers are subject of admiration



  21. Real History of Microsoft and How It Became 'Successful'

    New video that contains a portion about the history of Microsoft -- the part paid-for 'journalists' (paid by Microsoft and Bill Gates) rarely or never speak about



  22. Hostility and Aggression Towards Staff That Does Not Use Windows After Windows Takes Entire Hospital Down

    Microsoft Windows, with NSA back doors, continues to take hospitals offline (with records copied by criminals if not stolen by effectively locking the originals out of reach for ransom money); but guess who’s being punished for it…



  23. They Came, They Saw, We Died...

    It cannot be overstated that we're under attack (or a "Jihad" against Linux as Bill Gates himself put it) and failing to act upon it will be costly as time may be running out and our groups are being 'bought off' by Microsoft in rapid succession, as per the plan/strategy



  24. The GitHub Takeover Was an Extension of Microsoft's War on GPL/Copyleft (Because Sharing Code to Anyone But Microsoft is 'Piracy')

    Licences that make it easier for Microsoft to 'steal' (or a lot harder for Free software to compete against proprietary software) are still being promoted by Microsoft; its GitHub tentacles (see GitHub's logo) further contribute to this agenda



  25. ZDNet is Totally a Microsoft Propaganda Machine

    The site ZDNet has become worse than useless; it lies, defames and launders the reputation of famous criminals (that's the business model these days)



  26. When Microsoft's Mask Falls (or When Times Are Rough)

    Microsoft loves Linux in the same sense that cats love mice (they might play with them until they get hungry)



  27. Careers in Free Software Aren't Careers in the Traditional Sense

    With historic unemployment rates and people 'stranded' inside their homes there's still demand and need for technology; these times of adaptation present an opportunity for Software Freedom



  28. Embrace, Extend, Extinguish 2020 Edition

    Embrace, Extend, Extinguish (E.E.E.) is alive and well, but the corrupt (paid by Microsoft) media isn't talking about it anymore; in fact, it actively cheers and encourages people/companies to enter the trap



  29. Links 26/5/2020: SHIFT13mi GNU/Linux Tablet, Linux Kodachi 7.0 and Some Qt Releases

    Links for the day



  30. EPO Propaganda on Steroids (or on EPO)

    What EPO management is saying and what is actually happening


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

Recent Posts