Bonum Certa Men Certa

FOSSPatents Conference is Against FOSS, Promoting the FOSS-Hostile Construct Known as RAND or FRAND

FOSSPatents Conference. Did you really think it's about FOSS?



Summary: Do not be misled by the term Free/Open Source software (FOSS) in the name FOSSPatents and whatever relates to it (e.g. FOSSPatents Conference); it's not about FOSS but against FOSS, or pro-FRAND

THE previous post ended with a tweet. As Benjamin Henrion put it the other day: "UPC rules of procedure also mention proportionality. Like bifurcation, rules of procedure should be made by legislators under art6 ECHR"



Henrion posted this while attending an event organised by another software professional, a longtime opponent of software patents and the UPC (those two things are closely related). I've long criticised this event (even before it took place), seeing what front groups were attending and speaking alongside Bristows. The event promotes the false concepts of “FRAND” and “FOSS patents” (no such thing). It welcomes litigation fanatics. "No idea why he chose to do this," I said, "but I can guess…"

He has repeatedly replied to me; the organiser and I have agreed and disagreed on a lot of things over the years. Here's Henrion stating: "Yesterday's Fosspatents conference was pretty much "trolls trolls trolls" with many more companies being attacked. Software patent warming is happening..."

That's an old term.

"FLOSS still absent from the conference of today," he said, "who is "all" if the developer doing the hard work of writing code is not even mentioned..."

"Yes," I responded, as "the program itself showed that Fosspatents was all about patents and not at all about FOSS (let alone anything tech)..."

"FRAND" is 4 (or 5) lies in a row, compacted into an acronym that sounds like "FRIEND". As one person put it: "Of course. Commons law. ...but FRAND used to mean Free Rand = RAND-0. Then they said FRAND = Fair RAND. No one could explain the difference between FRAND and RAND. It is not fair and unreasonable discriminates open source implementations. What a waste..."

RAND or FRAND or fancy 'lego puzzle' with these lies as letters ("reasonable", "nondiscriminatory", "fair"...) won't change the fact that they're designed to put gloss on monopoly. They reinforce the concept of patent tax on everything. It is almost depressing and going back to the UPC, high-profile 'FRAND' cases already target British courts, looking to tax the whole public through satellite patent trolls. If they got the UPC, the outcome of such court cases would impact hundreds of millions of people, not just tens of millions. So we know who stands to gain from the UPC.

We've found some particular tweets (with photographs) from Henrion informative. He focused on the detrimental effect, e.g. in



Of particular interest to our longtime readers is this couple/pair of tweets [1, 2]: "Antitrust law has abolished competition by installing barriers such as patents, for example in the 2007 Microsoft case http://blog.ffii.org/microsoft-will-trump-eu-competition-ruling-with-patents/"

To this date, Microsoft continues to leverage FRAND to impose software patents everywhere and blackmail everyone. Some other tweets speak of the origins of this term, "RAND", which we've used here since 2007 if not 2006. It was always (all along) a deliberate attack on FOSS/FLOSS. Microsoft knew all along that it wasn't compatible; hence it used front groups such as BSA to lobby for it.

Jake Hamby, who worked for Danger (then Microsoft) and later Google (Android), told me regarding the shock of awful patent quality: "Well, I wouldn't, considering the sketchy Microsoft patents I tried to help Google's lawyers defend against with Android. They milked those mobile OS patents for an entire decade. I'd love to know which companies are still paying them and how much per device."

Microsoft is still suing over it, e.g. Foxconn earlier this years. The underlying patents may all be bogus, more so after Alice -- a subject that the EFF has just brought up again [1]. We hope that Mr. "FOSSPatents" isn't taking Microsoft money again (as he did before) to promote FRAND.

Related/contextual items from the news:


  1. Alice Doesn’t Block Good Patents, It Protects the Public By Requiring Real Invention

    Leaders of the Senate IP Subcommittee have been working, for nearly a year now, on producing some kind of legislation to weaken Section 101 of the Patent Act. Their proposal would throw out all the case law based on Section 101, including the Alice decision, which has been especially critical for keeping bogus software patents out of the system.

    They held three days of hearings on the Senate floor in June, but still haven’t presented a bill detailing the changes they want to make. € As we’ve explained before, weakening Section 101’s protections would be a disaster for innovation, and encourage patent trolls to squeeze money from small businesses.



Recent Techrights' Posts

IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026