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Institutional Failure and Dirty Tricks: Benoît Battistelli Seemingly Gets Support Like Microsoft Gets Support

Posted in Europe, Microsoft, Open XML, Patents at 1:38 pm by Dr. Roy Schestowitz

When all votes count as equal…

Arūnas Želvys, Director of the State Patent Bureau of the Republic of Lithuania, and EPO President Benoît Battistelli sign the agreement
Published only hours ago. Where next? Croatia?

Also see: Benoît Battistelli: “An Earthquake Would be Needed for the Administrative Council... Not to Support My Major Proposals.”

Summary: Today’s reminder that Battistelli is not at all monitored or ‘bossed’ by the Administrative Council, which he not only comes from but also offers incentives to (days after waving EPO money at Dutch politicians in an effort to influence them to place the EPO above the law)

BACK in the days — nearly a whole decade ago — we used to thoroughly cover Microsoft’s use of corruption to make Microsoft Office an ‘open’ ‘standard’. Given enough money, power, connections etc. one can conceivably achieve anything, especially in poor countries where even dental treatment is a massive treat. Remember that Microsoft offered financial incentives to entire countries (or politicians’ own cities) in an effort to buy their votes. Conversely, sometimes blackmail gets used (“do what we say, or else…”). We covered examples of that. Well, Microsoft still relies on bribes (to officials) to get business 'done'.

The EPO, which is especially close to Microsoft, is hardly any better. Rather than label itself a private or ‘public’ (in the shareholders sense) corporation it is an international body that acts like a corporation and enjoys exemptions from the law. It even calls itself “European”, even though the only European thing about it is the staff. The EPO is connected to some very powerful people from all over the world and therefore it guards powerful people, obviously at the expense of ordinary Europeans. Battistelli is a good example or a symptom of this, for reasons we covered here many times before. Battistelli often looks more and more (at least appears to outsiders) like he’s carrying out the orders or instructions of somebody else (or many somebodies). The way I personally look at it (yes, personally), Battistelli is the first domino piece to fall and serve as a deterrence against those who follow his footsteps and implement so-called ‘reforms’ that abolish human rights, commonwealth, etc. Next on the list might be Kongstad, e.g. for protecting Battistelli for many years and then hiding his contract. EPO workers need Kongstad to get Battistelli out, but they won’t see it any time soon because Battistelli is Kongstad’s predecessor and the latter now acts more like his guardian (we first pointed this out in 2014). In order to implement popular change (not corporate/billionaires’ change) at the EPO, the Administrative Council too needs to be tackled. They’re mostly lawyers from national patent offices, they’re not scientists or examiners. They too need to be shaken a bit. Then, staff may move on to other culprits (whose power if not reputation as well will be simpler to destroy based purely on their unethical actions, as they’re low-profile people compared to Battistelli and Kongstad).

“Well, Microsoft still relies on bribes (to officials) to get business ‘done’.”The EPO scandals will surely outlive Battistelli and Kongstad, so EPO staff should be prepared for a longer struggle before sanity is restored, the EPC is obeyed, human rights are respected and so on.

As one reader put it the other day: “It can be a course of events, but I am afraid the domino effect might not be as automatic as we wish. For sure active pressure, e.g. by media and union action, will be needed and still well organized. Laws in and about EPO are murky, so that no matter how unreasonable and indefensible some managers’ behaviour might be, they might still get away with it.

“Another key factor would be to get ever more examiners getting out of the dark when showing support and denouncing abuses. This could set the beginning of an end, so to say.

“Another key factor would be to get ever more examiners getting out of the dark when showing support and denouncing abuses.”
“If Battistelli’s and/or Kongstad’s ditching takes longer than this year, we might lose the momentum, with examiners retreating their heads in their necks and Union back in its self-referential playing of pretending to be Machiavellis they never were, and as if they have a hundred years to play about.”

Earlier today some people’s hearts sank because they came to realise that the Administrative Council is not on their side. Doctored results and fake union recognition at EPO apparently fooled those who wished to be fooled. This didn’t surprise us at all, but it’s only an expected step, probably to be followed by strikes.

In the mean time, as there is a personal aspect to my activism/reporting in this area (I am a software engineer worried about software patents), I decided to also take personal action and therefore contacted some delegates. I sent them the following message a few days ago:

I am writing to you as a concerned European and as a software professional based in the UK. As you may know, the management of the EPO is under heavy attack for its mistreatment of staff, which even led to an imminent Office-wide strike and resulted in staff suicides (see TV coverage from earlier this month in Germany). However, I am a lot more concerned at the moment about a parade of misinformation, intended to distract from this and also mislead delegates of your country, who shall soon be attending the Administrative Council meeting in Munich. I want to keep this short, so let me highlight two kinds of lies you may be told by the EPO. The first lie concerns so-called union recognition. There is no such thing at the EPO, except a quasi-staged signing of a Memorandum of Understanding with a tiny union that hardly represents even 1% of staff at the EPO (the real union represents about half of all staff). This is intended to lull delegates into the illusion that relationships between staff and management have improved. It’s far from the truth. In fact, over 91% of staff which voted on a strike last week voted in favour. EPO workers are unwilling to tolerate the abusive management, in spite of their salary and despite the risk of voting in favour of a strike (the ballot provides no real privacy). The second point I must stress is that when the EPO claims improved performance, efficiency, results etc. these claims must be regarded as dubious/questionable at best. Numerous people, professionals in the field in fact, have already demonstrated that the EPO uses misleading statistics in order to give an illusion of success. This, in their minds, is intended to distract from (or justify) the aforementioned abuses and consequent unrest.

Over the past few months I’ve covered examples where the EPO lies not only to staff but also to journalists. In a desperate effort to salvage their reputation they are now creating an alternate reality. Sceptical analysis of EPO claims thus becomes a survival skill.

I want to see the EPO repaired. I wish to see it serving the European people and European interests. Right now the EPO is merely being used by very few people to advance their personal interests and this is unsustainable. It will, over the long run, damage Europe’s science, technology, and reputation.

My sincere regards,

Roy Schestowitz

Judging based on the message from John Alty today (UK-IPO), whom I contacted a few days ago, there’s no pleasant surprise, just the expected complicity. “Just back from @EPOorg Council meeting,” he wrote. “Strong statement of Council’s expectations to encourage improved social engagement.”

“Amid abuses that are widely recognised both at the EPO and outside of it the ‘opposition’ sounds like not even a slap on the wrist (hardly even that).”It’s hardly a strong statement. Amid abuses that are widely recognised both at the EPO and outside of it the ‘opposition’ sounds like not even a slap on the wrist (hardly even that).

Earlier today one anonymous person sent us a stream of messages about the outcome of the Administrative Council meeting. Among them:

  • “Unfortunately hard measures against Battistelli are off the table! The AC welcomed the impressive results for production & quality.”
  • “In order to address the social issues, the AC and Battistelli jointly agreed to launch a programme of actions to be implemented in the coming months.”
  • “The revision of the investigation guidelines, which was launched by the office in January, and the revision of disciplinary proc.”
  • “of course they do however the supreme question here remains unanswered, that is… who is the axis of evil? BB of the AC?”
  • “That was the biggest mistake ever and I warned in the past. Clearly a conflict in interests.”
  • “well it isn’t over yet, we need to wait till the end of the day to get a real picture of the situation, let’s keep our fingers”
  • “that is in preparation and the next logical step. Sad to say that a few thousands of staff members will be downhearted today!”

“It was rather unlikely all along that Administrative Council folks would be the ones to take serious action against Battistelli; not therein lies redemption anyway (the Administrative Council is simply too self-absorbed to care about EPO staff).”My response to the above was, EPO workers should go on strike and denounce not only EPO management but also the Administrative Council for being supine, complicit, and disinterested. It was rather unlikely all along that Administrative Council folks would be the ones to take serious action against Battistelli; not therein lies redemption anyway (the Administrative Council is simply too self-absorbed to care about EPO staff). This one comment which we received earlier today put in context this EPO announcement (warning: epo.org link) that we had noticed hours earlier. There is also this post-meeting hogwash (warning: epo.org link) for those who believe what the EPO says to the media. The latest EPO propaganda now tries to paint the Office as poor-friendly/SME-friendly (a total lie amid PACE propaganda in Twitter today, as well as more from Finnegan, Henderson, Farabow, Garrett & Dunner, LLP) and also serves to highlight what may have happened behind the scenes. In the words of the commenter:

I see Mr. Battistelli has signed an agreement to subsidize searches carried out for Lithuanians as for “Cyprus and other member states”. Only a cynic would suggest that this is a mechanism to encourage these states to support him in the AC.

EPO link: http://www.epo.org/news-issues/news/2016/20160317.html

Some believed that Battistelli had "bribed" lower management for support (like Microsoft did for OOXML at ISO) and now again some interpret that as a bribe. This is not sufficient evidence, but still, it cannot count for nothing at all. There is at the very least a perception that Battistelli gave some gifts and got one back. Remember Battistelli’s money-waving strategy when dealing with Dutch politicians. It hardly works in rich countries.

There is already an article about this latest development. It comes from NRC. Human-corrected machine translation of this article was provided, as usual, by Petra Kramer, who put it as follows:

EPO Member States want fair sanctions

[Kramer: They changed the headline. First it was “After criticism EPO workers now getting fair sanctions”
see: http://drimble.nl/overige/business/34514479/na-kritiek-krijgen-werknemers-europees-octrooibureau-nu-eerlijke-sancties.html]

Majority votes for compromise over sanctions

The controversial punitive measures for employees of the European Patent Office, with among others an office in Rijswijk, are to be reviewed. With 12 abstentions 26 of the 38 Member States of the office Wednesday in Munich have voted in favour of fair sanctions, sources confirm.

The international organization (7,000 employees) accepts patent applications and grants European patents. The position of the President of the Agency, the Frenchman Benoît Battistelli (65) is under pressure because of his “authoritarian” management style. During a critical interview in early March with State Secretary Martijn van Dam (Economic Affairs, Labour Party) which Battistelli left in anger, this newspaper reported Wednesday.

The Governing Council, the highest body consists of the 38 member states, including the Netherlands, have great concern about the dismissal and demotion of three members of SUEPO trade union and the works council. So far Battistelli showed not to be very receptive to this criticism. In leaked minutes of February, the board of the Management Board described the situation as “a crisis.”

The council, which met Wednesday and Thursday in Munich, would rather an external investigation into the sanctions. In today’s resolution, which today is made public, that demand has been weakened. Battistelli must now consider an investigation or intervention through mediation or arbitration. The management board calls the patent office and the trade union to resume social dialogue and to reach an agreement. The president has embraced the content of the resolution, according to the patent office.

As an international organization the patent office claims not to be bound by national labour law. Battistelli does not recognize SUEPO union, which represents half of the total staff, either. The patent office has its own disciplinary procedures and an internal investigation service to screen workers. The method of this investigation service and the penalty rules are to be revised.

It is unclear what will happen to the trade unionists who are punished because of a “corruption campaign.” The Dutch Elizabeth Hardon, chairman of SUEPO in Munich, was fired and her pension was reduced. Her predecessor Ion Brumme was fired and the treasurer of the union, Malika Weaver was cut in her salary. Other members of the union have received official warnings.

Lawyer Liesbeth Zegveld of the union calls Battistelli to undo the dismissals and demotion. “Battistelli abuse of his authority and power as he decides to expel the three union officials in Munich,” said Zegveld. “He is thus acting in blatant contradiction with the express wish of the Member States to improve social conditions and to protect the union.”

Notice that the above cites/quotes documents we leaked last night (at around 2 AM).

Is the EPO peaceful now? No.

“For the second day in a row in Twitter, the EPO lobbied for software patents (using the weasel word “ICT”) and will do the same tomorrow.”There will almost certainly be strikes soon.

Is the EPO’s propaganda over? No.

For the second day in a row over at Twitter, the EPO subtly lobbied for software patents (using the weasel word “ICT”) and will do the same tomorrow [1, 2]. The EPO arrogantly stomps on the EPC as nobody seems to be able to stop it. These liars keep citing their own bunk 'statistics' today [1, 2, 3], even when there are demonstrable issues with these. IAM ‘magazine’, which unwittingly uses a survey to give Battistelli his usual propaganda/ammunition, is now offering gifts in exchange for participating in the latest round of propaganda (maybe SUEPO's surveys scare Battistelli a little too much).


Microsoft Continues to Extort Linux and Android OEMs Using Software Patents, This Time ASUS (Forced to Pre-Install Microsoft Spyware With OOXML)

Posted in Deception, GNU/Linux, Google, Microsoft, Open XML, Patents at 10:06 am by Dr. Roy Schestowitz

Embrace and Extend
Credit: unknown (Twitter)

Summary: A roundup of news illustrating that Microsoft is still very much in a total war against Android, (mis)using federal regulators and even software patents to get its way

MICROSOFT’S attacks on Linux never stopped. Anyone thinking otherwise must not have paid attention. To make matters worse, Microsoft is manipulating the media into pretending that “Microsoft loves Linux” and that there is “peace”. In this post we are going to share some stories of interest to assure readers that nothing has changed except Microsoft’s rhetoric and some of the attacks have become more discreet.

“The FTC is wrong about antitrust fears over Android,” writes Microsoft's booster Bill Snyder in IDG, summarising it as follows: “Microsoft can’t develop a successful mobile operating system, so it’s making a crybaby case against Google”

If Android (Free software) is an antitrust violation, what does that make proprietary software? Microsoft and its proxies, as we have shown over the years, were behind these complaints. Remember that back in the SCO days, i.e. around 2003-2005, the Microsoft minions (and few others) tried to frame the GPL itself as anti-competitive. They failed, but it took time and cost money. One of the first questions that the FTC must tackle here is, who is behind the complaints? They may find that it’s little more than a Turf War. (Mis)Using Feds as pawns in the battle (a Turf War), as in using the government to derail one’s competition (even Free software), should be a crime. It is a waste of resources. When the media claims that Microsoft and Google now have “peace” (on patents) be sure to reminder the reporters of what Microsoft has done to cause Google (and Android) antitrust trouble. It is very well documented and we wrote over a dozen articles touching on this subject alone.

“Tell Mary Jo Foley that this is not a “deal” but an extortion.”As we noted the other day (and many people read this article, some news sites even linked to our analysis), Microsoft under Nadella is no different from Microsoft under Ballmer, at least when it comes to patents. The monopolist, under Nadella specifically, has already attacked Samsung, Kyocera, and Dell (over Linux/Android). Where is the love? Does Microsoft have patent peace with Android now? No, of course not. There is no peace even with Google, there is just a settlement in the Motorola case. Microsoft is leaving Motorola aside and is just attacking the OEMs instead, continuing with this latest assault on ASUS. Microsoft is still blackmailing companies, using patents, into bundling Microsoft spyware with non-standards (lock-in). This is extortion. Tell Mary Jo Foley that this is not a “deal” but an extortion. Tell this to others who believed that we have a ‘peace’ for our time after Google and Microsoft reached one settlement (regarding Motorola).

Android is being infiltrated by Microsoft now. It wouldn’t have worked without patent extortion. As Microsoft’s Mouth (Mary Jo Foley) put it: “As nearly two-dozen Android, Chrome OS and Linux vendors are doing, ASUS seemingly is licensing Microsoft’s patents to cover anything that is in those operating systems which potentially infringes on Microsoft’s intellectual property.

“But ASUS also is agreeing, as part of the deal announced today, to pre-install unspecified Microsoft “productivity services” on Android smartphones and tablets. When I asked, a Microsoft spokesperson said the services included the Microsoft Office suite.”

“Patents are being used for leverage.”So Microsoft is embracing and taking over Android inside ASUS. Remember the ASUS EEE? It used to run GNU/Linux before Microsoft intervened. Microsoft calls it EEE, which also stands for “embrace, extend, extinguish” — Microsoft's currently principal strategy against Android. Mark Hachman chose the headline “Microsoft strikes a deal with Asus: We won’t sue if you put Office on your Android devices” (we fought for years against it, starting with the Microsoft/Novell deal). Untimately what we are seeing it is a strategy that first became publicly known after Microsoft had done this to Samsung (earlier this year). Threatening to sue companies if they don’t serve Microsoft’s agenda is not a new strategy even when it comes to GNU/Linux as a whole, Android set aside. See the Microsoft/Novell deal (2006). Patents are being used for leverage.

The media has hardly covered this scandal. Reuters is busy writing about the Microsoft/Google settlement and Microsoft propagandists are everywhere to be seen. Why does ECT, for example, keep quoting its occasional writer Rob Enderle as an ‘expert’ regarding Microsoft, which paid him for Linux FUD? It’s gross. ETC talks about “Rob Enderle, principal analyst at the Enderle Group.” It’s a one-man group and he gets paid by ECT and Microsoft. Why is he approached for his views on Android and Google? Do they think the readers are this dumb? Here is some promotional Microsoft messaging found therein: “There’s strong, scientifically verifiable evidence indicating Microsoft’s move to join the rest of the tech world in open source and collaboration was propelled by a compelling force: the Nadella effect. While tech analysts and reporters had fun with CEO Satya Nadella’s odd “cloud first, mobile first” mantra last summer, his much less concise — yet more encouraging — message has been one of collaboration, and meeting consumers on their terms. For example, Microsoft pushed Office 365 to all major platforms.”

ECT quoted Enderle not just once but at least twice last week, in both cases regarding Linux matters, e.g. in this article titled “Microsoft Pushes Deeper Into Linux, Containers, IoT”. In it, ECT asks Hilwa, who used to work for Microsoft, about Microsoft and Linux (no disclosure in the article about his Microsoft background). Rob Enderle, who also worked for ECT and is notoriously close to Microsoft, is simply described by ECT as “Rob Enderle, principal analyst at the Enderle Group.”

“Rob Enderle, who also worked for ECT and is notoriously close to Microsoft, is simply described by ECT as “Rob Enderle, principal analyst at the Enderle Group.””What a sham. Richard Adhikari basically interviews Microsoft moles regarding Linux when he’s not busy writing his lots of anti-Android articles (usually regarding security). Al Hilwa and Rob Enderle being his “sources” tells us a lot more about him, perhaps his agenda too. Well, to be fair and to give him the benefit of the doubt here, quite often when it comes to so-called ‘analysts’, everywhere you look it’s proprietary software (e.g. Microsoft) and its minions. Even Dana Blankenhorn, who used to cover Open Source for ZDNet (sometimes being an apologist for Microsoft), has just said in the financial press that “Microsoft has stopped fighting with open source” .

Well, that is complete and utter nonsense. It didn’t stop, Microsoft still does all sorts of things to both Linux and Android. Other financial press says that Microsoft “has finally succumbed to the free OS Linux” because Microsoft copies Linux code, raising all sorts of GPL-related questions and potential issues [1, 2].

the bottom line is, don’t believe for even a second that Microsoft is some gentle aging giant. It’s a vicious abusive monopolist, as its actions against Android (in particular Android because of the platform’s market share) continue to demonstrate.


Calling Proprietary Software, Software Patents, Lock-in (Like OOXML) and DRM ‘Open’

Posted in Deception, DRM, Free/Libre Software, Microsoft, Office Suites, Open XML at 6:31 pm by Dr. Roy Schestowitz

“DRM is the future.”

Steve Ballmer, Microsoft CEO

“We’ve had DRM in Windows for years. The most common format of music on an iPod is “stolen”.”

Steve Ballmer, Microsoft CEO

“We’ve been very focused on producing a DRM system. [...] We think DRM is important”

Robbie Bach, Microsoft President

“DRM is nearly always the result of a conspiracy of companies to restrict the technology available to the public. Such conspiracy should be a crime, and the executives responsible for it should be sentenced to prison.”

Richard Stallman

Alliance for Open Media

Summary: What Microsoft et al. call ‘Next-Generation Open Media Formats’ are basically neither open nor acceptable (it’s DRM) and what Microsoft apologists dub ‘Open Source Tools’ are just another example of a Microsoft Office openwashing Trojan horse

“Alliance for Open Media” is the latest Orwellian name/title for that which casts DRM collusion as “open”. Typical DRM proponents are part of it (Microsoft included) and so is Mozilla, which joined the DRM cartel about a year ago, causing much anger among many of its strongest supporters. DRM is not “open”. It’s not even compatible with the notion of “open” as this strictly requires proprietary software. Mozilla gave up on “openness” when it entered the DRM conspiracy and now we have the press littered by lots of puff pieces that frame DRM as “open” (however they define open, maybe alluding to patents). These are manufactured false perceptions and spin, calling a DRM conspiracy “Next-Gen Video Format” [1, 2, 3]. Here is the press release. It’s hogwash.

It is sad to see the Open Web falling over like this, after the MPAA essentially bribed the World Wide Web Consortium, which had hired a fool from Novell (we wrote a lot about this in prior years). These people are trying to set up ‘standards’ with patents on them and DRM as part of the (secret) ‘standard’. When it comes to what they define to be “open”, it’s just about patents. When a bunch of companies agree not to sue each other (like OIN, which has just added WSO2, but proved rather fruitless when one member, Oracle, sued another, Google). “In joining OIN, an organization dedicated to defending the Linux ecosystem, WSO2 extends its commitment to fostering innovation through open source software,” says the summary from the new press release. That’s nothing to do with innovation. It’s nothing to do with FOSS, either. Many members are proprietary software companies just agreeing on patents being pooled together. Many of these patents pertain to sofwtare and are therefore inherently incompatible with FOSS. Therein lies the core of the latest spin, misleadingly named “Alliance for Open Media”. It’s not a standard but a collusion. That’s what it is. It is, at best, a patent pool.

In other news, we have just come across some truly bizarre openwashing of Microsoft Office. Sam Dean is once again doing a service to his apparent new hero, Satya Nadella. Under a rather misleading headline Dean describes something which facilitates proprietary software as “Open Source”. But it’s not open source, it’s bait for OOXML and proprietary software. Watch the article starting with nonsensical claims:

Has Microsoft finally, truly warmed up to open source? New CEO Satya Nadella (shown) is definitely pushing that notion. Several media outlets previously reported on his comments on how he “loves Linux” and he has claimed that approximately 30 percent of Microsoft’s Azure cloud is already Linux-based.

Any GNU/Linux instance running under Microsoft’s control is already compromised, with back doors included. It’s basically dependent on proprietary software from a company which notoriously colludes with the NSA.

Talk about distorting the notion of “openness”…

Those who can successfully ‘sell’ the corruptible media OOXML, Office and DRM as “open” can probably also ‘sell’ it genocidal carpet-bombing as “spreading freedom and democracy”, or disabled people as “special people”.

“[Vista DRM] seems a bit like breaking the legs of Olympic athletes and then rating them based on how fast they can hobble on crutches.“

Peter Gutmann


Governments Adopt Free Software and Standards, So Microsoft Distorts the Press for Propaganda and Lies About Microsoft’s Proprietary ‘Products’

Posted in Free/Libre Software, Microsoft, Open XML, OpenDocument at 11:29 am by Dr. Roy Schestowitz

Summary: Microsoft’s lobbying apparatus is trying to hook entire nations into PRISM (i.e. NSA espionage) with proprietary Microsoft formats and proprietary software, especially now that nations have policies in place and Free software available which renders Microsoft obsolete

DESPITE Microsoft’s gross behaviour and sheer influence in the Indian government, the Government of India recently managed to pass new laws in relation to software, making Free software a necessity (to what degree depends on the article one trusts the most, as there have been at least a dozen of them in English). This makes perfect sense for a software powerhouse like India. It would benefit local industries. India can be self-sufficient in the software sense.

Meanwhile, here in the UK the government managed to pass pro-ODF policies, despite lobbying by Microsoft, its proxies, and its British partners. We covered this last year and we played a role in giving feedback to the government, at the expense of many hours and as much as one day’s work. We now have what can be cautiously labelled Free software-friendly procurement policy even in the UK, which has historically been one of the most Microsoft-friendly countries in the world.

“We now have what can be cautiously labelled Free software-friendly procurement policy even in the UK, which has historically been one of the most Microsoft-friendly countries in the world.”Microsoft is of course not accepting defeat. It is now pretending to be “Open Source”, starting with lies about the status of .NET, accompanied by concealment patent issues (as with OOXML) and openwashing of Visual Studio — an integral part of .NET — even though it’s a mischievous distortion of facts. Microsoft pretends to be “Open Source” because it wants a loophole into government contracts even where governments strictly require Free software and open standards. A new article by Liu Qihao & Ciaran O’Riordan highlights the reality behind so-called ‘Open Source’ .NET. The instruction states:

Microsoft is publishing the source code to certain parts of .NET. The terms of distribution (the licence) is the combination of the MIT licence and a separate patent promise. Given that Microsoft has a history of aggressively using software patents against free software, we decided to take a look at the legal details.

The conclusion is as follows:

If you only intend to use the software as published by Microsoft, then everything looks fine. The patent promise (if it’s even necessary) will apply. If you intend to modify the code, then the protections of the patent promise may be necessary or useful and you should take care. And if you’re looking for a project to contribute to, then it would be worth giving your preference to projects which don’t contain conditions which create or suggest patent risks if the code is used in other free software projects (outside of the set of .NET Runtime projects).

So it’s basically false marketing, as one should expect from Microsoft. The Economist has just released a horrible Microsoft puff piece (more like an advertisement in article form), misleadingly titled “Opening Windows”. Opening, really? As in “Open Source”? The article, written in Redmond, says: “At an event in San Francisco last October Mr Nadella showed a slide that read: “Microsoft loves Linux”. In contrast, Mr Ballmer once called the open-source operating system a “cancer”.”

Paul Krill, a Microsoft-friendly writer (for many years now), has meanwhile published “Windows goes open source?” (not April’s Fool). Paul Krill consciously (or not) helps Microsoft openwash Windows, pretending there are such legitimate claims as policies in governments change to require “Open Source”.

What we have here is a misinformation campaign. You love Open Source? Then you will love Microsoft. That’s the (almost) daily message from your Microsoft-affiliated and at times Microsoft-bribed friends (acting as ‘reporters’).

Here in the UK our government is apparently so dumb that even when it adopts ODF as the editable documents standard and asks for Free/Open Source software it remains stuck with the prospect of blobs from Microsoft. Regarding an article that seeks to associate Microsoft with ODF, iophk told us: “In practice it is unlikely that it will actually comply with the standard.”

This relates to statements like this one from Linda Humphries, titled “Making document formats open, it makes them better” (the same applies to software, not just data).

Francis Maude has just met (i.e. lobbying) with a Microsoft liar, Michel Van der Bel (see her mentioned in this older post). Microsoft pretends that it can deliver ODF support and that therefore the government’s requirement (ODF) and preference (Free software) should be compatible with Windows and Office. To quote the article: “Stanchak said Cabinet Officer minister Francis Maude met with Microsoft’s UK country manager, Michel Van der Bel, to discuss the company’s work on open standards to enable universal document access across government departments.

“Maude said the use of ODF will deliver significant savings to the public sector.

“”This will give people more choice about the software they use. This supports our digital by default agenda, which is helping save citizens, businesses and taxpayers £1.2bn over this Parliament as part of our long-term economic plan,” he said.

“The update comes despite Microsoft arguing last year that its own Open XML file format is more widely adopted than ODF and therefore should be on the government’s approved format list.”

So Microsoft attacked ODF and now it wants to be part of ODF. Is that how it works? The UK government should shun Microsoft. As this other new article reminds us: “In 2014, Microsoft went against the government’s request to support ODF, claiming its own XML format was more heavily adopted. The UK government refutes the claim, stating that ODF allows users to not be boxed into one ecosystem.”

Microsoft now pretends otherwise. More lies from Microsoft UK, an opportunist with NSA connections. The British government’s decision on office suites (if they’re needed at all) shouldn’t be about picking a ‘cloud’; it would be a privacy farce. If the government was ever to adopt Microsoft ‘cloud’ (i.e. NSA PRISM with that glorified ‘cloud’ buzzword which appeases non-technical people), would it be sued by any British citizens for supporting espionage by foreign spies? A lot of personal data is being encoded and stored in such documents. In the past, for NSA to acquire data/files from Office it needed to use Microsoft’s Windows back doors. With Office 360 [sic.] it’s becoming trivial. Microsoft is in PRISM.

The British government needs to adopt Free software such as LibreOffice and stop wasting time being lobbied by the company that attacked open standards and Open Source software like no other company in the history of computing.


Microsoft is Dying Due to Free Software, Tries to Infect GNU/Linux With .NET and to Infect Moodle in Schools With Microsoft Office and OOXML Lock-in

Posted in Free/Libre Software, GNU/Linux, Microsoft, Open XML at 12:57 pm by Dr. Roy Schestowitz

“They’ll get sort of addicted, and then we’ll somehow figure out how to collect sometime in the next decade.”

Bill Gates


Summary: ‘Free’ drugs (a proprietary software analogy) the new strategy of Microsoft in its latest battle against Free software, especially in schools where choice is a rarity (if not an impossibility), with the premeditated intention of forming dependency/addiction among young people

The Microsoft marketer from the CBS-run ZDNet says that GNU/Linux has now successfully pushed the price of Windows down to $0. No wonder the company is laying off many employees and fighting with the IRS over its tax violations. Microsoft is a company in rapid decline and there are many ways to show this. Just because Microsoft pressures and even bribes people to pay lip service to Vista 10 doesn’t mean it’s real news or that FOSS sites should cover it too (but some do). It’s more of a distraction or a decoy amid a lot of negative publicity for Microsoft. Vista 10 is not ‘free’, neither gratis nor libre. That’s a lie perpetrated by Microsoft and propagated by Microsoft-friendly media. As Pogson put it in his rebuttal: “Freedom isn’t just about the price. An operating system isn’t a service. One needs software on a device to make it seem intelligent, nothing more. Bundling that other OS with every kind of device on the planet doesn’t make any sense at all.”

Microsoft has been trying to infiltrate the FOSS community and even infiltrate GNU/Linux (the winners at Microsoft’s expense). Here we have Microsoft’s proxy Xamarin producing yet another Microsoft entrapment for GNU/Linux users (Mono) and here we have Microsoft trying to repurpose Free software as Microsoft lock-in. When Microsoft says “open source” it means proprietary plus some exploitation of FOSS in the Trojan sense, based on its silly press releases that it pushed even into CNN, (i.e. paid for by Microsoft handsomely). For those who missed it, Microsoft is now trying to push proprietary software with OOXML lock-in, which Microsoft committed crimes for, into Moodle. Microsoft’s ally in schools, Blackboard (proprietary), also tried to accomplish that when it acquired the competition (Moodlerooms). It is capture by proxy (Microsoft uses its own proxy) and it serves to highlight an inherent vulnerability in the ‘openness’ of Free software (it leaves itself open to Trojan horses unless it is willing to put up some resistance). Microsoft did the same thing to Linux (proprietary Hyper-V through Novell as the bribed proxy) and it is becoming a serious issue. The media too plays a role in it (see the paid press releases above) and Bill Gates’ bribes to The Guardian are clearly paying off because this wicked paper is now portraying Gates as a champion of education with another mindless advertisement/puff piece. This is often about imposing Microsoft software on schools. Gates has already made it explicitly clear that he views children the same way drug dealers view them. It’s market share. It’s money. “In other news,” wrote a reader to us, “he is attacking Moodle quite heavily. I guess the goal is to make it 100% tied to MS Office, Sharepoint, Exchange and all the other crap.”

“Microsoft has been been trying to infiltrate the FOSS community and even infiltrate GNU/Linux (the winners at Microsoft’s expense).”“Wired still sucks up to Bill,” he added, linking to this latest puff piece. Gates has spent over a billion dollars so far bribing news sites, blogs, etc. so we have grounds for suspicion that Wired too (Condé Nast) has an unstated conflict of interest. Another news site of Condé Nast has employed full-time Microsoft boosters and one of them, Peter Bright (Microsoft Peter), is now openwashing Internet Explorer despite admitting that “Internet Explorer is closed from end to end.”

Watch out as Microsoft and Bill Gates try to hijack school curriculum to impose Microsoft as part of what’s obligatory (imposed from above). The attempt to make Moodle connected to the NSA PRISM-complying (Microsoft was first in PRISM) OOXML-spreading Microsoft Office is just the first step.


Revealed: Microsoft is Trying to Corrupt the UK in Order to Eliminate Its OpenDocument Format-Oriented Standards Policy

Posted in Microsoft, Open XML, OpenDocument at 11:43 am by Dr. Roy Schestowitz

British flag

Summary: Microsoft interference with Britain’s preference for ODF is now confirmed, thanks to a valuable news report from Computer Weekly; OOXML lock-in is being unleashed by Microsoft on Android users

NUMEROUS articles in the British press have been pointing out too slow an adoption of ODF in the UK, despite policies that demand it. Now we have a better understanding of potential causes.

As a quick recap, here is a partial chronology of this year’s developments:

  1. UK Government Seems to Be Serious About Moving to Free Software and OpenDocument Format This Time Around
  2. In Another Attempt to Derail British ODF Policy Microsoft Calls Its Systematic Bribery “Internationally Recognised”
  3. Response to ODF as Government Standard Proposal
  4. Amended Comment Regarding ODF as Document Standard in the UK
  5. UK Government Adopts OpenDocument Format (ODF) and Microsoft Already Attacks the Government Over It, Showing Absolutely No Commitment to Open Standards
  6. Groklaw Back in the Wake of ODF in the UK?

So ODF adoption in the UK is only a matter of time. But we have already known based on limited evidence (or a conspiracy of silence) that Microsoft worked silently to crush this policy. Yes, Microsoft claims that it “loves” FOSS and Linux or “supports” ODF while secretly attacking them all by corrupting the political system in the UK, striving to suppress them and ultimately kill them.

Now comes new evidence that shows how people at the highest levels at Microsoft are getting involved to block ODF, i.e. anything which merely permits Free software to compete on fair grounds. Computer Weekly has a couple of good articles, the first of which states that “Departments lack common targets for implementing open-document standards” and the second one telling us “the curious case of Microsoft and the minister”. As it turns out, the software monopolist clearly strikes back behind people’s backs. To quote the article: “Microsoft consistently opposed the policy, which the software giant saw as its last chance to overturn the UK government’s broader plans for open standards. As emails seen by Computer Weekly reveal, the decision became an issue in the supplier’s Seattle boardroom, and brought the lobbying powers of the software giant into full force in Whitehall.

“There has been speculation about the role played by senior government minister David Willetts, then minister of state for universities and science in the Department for Business, Innovation and Skills (BIS), but who later left the post in David Cameron’s 2014 summer reshuffle.

“An investigation by Computer Weekly has revealed that – according to well-placed sources – Microsoft turned to Willetts to help win its case, with the supplier’s global chief operating officer (COO) Kevin Turner getting involved. But neither BIS nor David Willetts himself is willing to discuss the role the minister played in Microsoft’s attempts to influence this obscure but vitally important part of government IT policy.

“Willetts was the government’s liaison point for Microsoft, as a major employer and investor in the UK economy. He also served as co-chair of the Information Economy Council, a body set up to enable dialogue between Whitehall and the IT industry over future policy.”

One should bear in mind that Britain is perhaps at the forefront of ODF adoption. There is an imminent London-based ODF event, just like those Plugfests from back in the days, and departments of government are expected to move to ODF. However, based on recent reports they are slow to conform or obey these requirements.

Last week we wrote to Linda from the Cabinet Office, hoping to get her and her colleagues’ attention amid dirty tricks from Microsoft. In a personal E-mail I stated:

Several months ago we had an amicable exchange in which I alerted Cabinet Office, through the comments, that Microsoft would likely oppose its policies in subversive and underhanded/secretive ways.

Two new articles from Computer Weekly serve to prove my point now and I hope that you and your colleagues will spare some times to read them, especially the following article:


The more transparent the Cabinet Office makes this process, the more the British public will be able to protect the Cabinet Office from such self-serving foreign influence that strives to expand the reach of back doors, surveillance, predatory pricing, and format lock-in.

To quote the aforementioned (first) article from Computer Weekly:”Whitehall departments have begun to publish their plans on how to implement the government’s open-document standards policy – but so far, each appears to be working to very different timescales. One department – the Treasury – has stated it won’t see full implementation until as late as 2018.

“The Department for Communities and Local Government (DCLG), Department for Environment, Food and Rural Affairs (Defra), UK Trade & Investment (UKTI) and the Treasury have published their plans so far. The Treasury said it will not be fully implementing the mandated open-document standard until February 2018, three years after other departments.”

The ODF-friendly UK policy might not survive if the British public does not get involved and helps the politicians or public servants resist brutal lobbying from Microsoft, which knows no boundaries. Here is another new article of interest:

From this week, it has promised to publish PDFs and Word documents in PDF/A and ODS formats respectively.

However, on Excel, which are most commonly published as “live” data tables, it said: “Content producers should convert to ODS format before submitting to digital content teams.

“However the statisticians have identified problems with certain spreadsheets – where drop-down filters fail to work when converted – more work needs to be done on finding a solution to this problem and DCLG will to commit to the spreadsheets where possible will be published from 1 November 2014 being in an ODS format.”

DCLG said that it is committed to opening up government and providing a level playing field for open source systems, providing the citizen with free access to government information.

I was in Whitehall some days ago, so I passed next to many of these government offices. The place is plagued by greedy businessmen and tourists, so the voice of the British people can hardly be heard. We need to become more loud about it and contact such people without shame or shyness. Microsoft is so desperate to spread OOXML everywhere that it now goes after users of the most widely used operating system (Android/Linux), aided by spin from Microsoft partner and booster Tony Bradley among other spinners who are spreading OOXML lock-in by promoting OOXML for mobile devices (Android does not even handle ODF out of the box, which is a great shame for Google). Microsoft first sought a monopoly on the application (office suite), then it pursued a monopoly on the format (OOXML), and now it is pursuing even a monopoly on the files with its so-called ‘cloud’ (storing all files on Microsoft’s servers).


City of Berlin Does Not Abandon Free Software, It’s Only Tax Authorities

Posted in Office Suites, Open XML, OpenDocument, OpenOffice at 3:48 pm by Dr. Roy Schestowitz

Berlin is already a Windows shop and it’s not window-shopping

Window shopping

Summary: A Softpedia report that says the City of Berlin is moving to Microsoft Office is flawed and may be based on a poor translation

Last year we wrote about Berlin's reluctance to follow the lead of Munich, which happily uses Free software and GNU/Linux, despite the FUD from Microsoft (including some of the latest, not just last year's). It has been over a year since a formal investigation was launched into Microsoft’s bribery of officials in many countries. We are not aware of any progress on it, but all we can say is that Microsoft did try ‘soft’ bribes in derailing Munich’s efforts. There is a lot of rogue stuff going on and we covered it in past years.

According to this one report in English, “City of Berlin Going from OpenOffice Back to Microsoft Office”. The problem is, we are not aware of Berlin ever moving to OpenOffice. I spoke to an old friend in Berlin (he works on LibreOffice) as this report continued to seem a little suspicious. I followed through to the source, assuming it either shows that once again Microsoft bribes have paid off or that Microsoft is spreading lies and FUD. As it turns out, a poor translation by Silviu Stahie may be the issue.

“As it turns out, a poor translation by Silviu Stahie may be the issue.”According to this report, Microsoft OOXML is again interfering with adoption of Free software in government. To quote: “It’s difficult to say what the steps that prompted the city officials to make this decision were. It might just as well be the fact that documents created with OpenOffice 3.2 can’t be opened by people with newer or proprietary software, or vice versa.

“The fact of the matter is that LibreOffice, a much newer and modern office suite open source solution, can do all these things. It’s already used in cities around the world, so others don’t seem to have the same problems as Berlin. From what we can gather from the Golem.de report, the switch to Microsoft Office is already happening and it should be finished by the end of 2015.

“A much bigger issue is the lack of intervention from the German government, which has yet to implement or regulate the use of open source formats in its own branches. Things would be much simpler if everyone used a single kind of file format that can be read by both proprietary and open source software.”

The original article (in German) basically says that it’s about the tax authorities, not the City of Berlin. The article also blames it squarely on OOXML, stating at the end (now translating into English) that a requirement that one should use open formats for the government of a state is possible, as shown in the United Kingdom, which established in July of this year PDF and ODF as the standards for documents.


Microsoft is Still Attacking Open Standards, So Khronos Does Not Need the Microsoft Moles

Posted in Microsoft, Office Suites, Open XML, OpenDocument, Standard at 12:57 pm by Dr. Roy Schestowitz


Summary: Having attacked the industry’s document standard OpenDocument Format (ODF) while pretending to have ‘embraced’ ODF Microsoft is now pretending that it is eager to support OpenGL

MICROSOFT just won’t leave anything alone, not even its rivals (or especially its rivals). Microsoft is a maestro of “embrace and extend” strategies. In the case of ODF, Microsoft insists on openwashing so as to stop Free software and open standards. When Microsoft pretended to ‘embrace’ ODF it actually attacked it, and it continues to attack ODF to this day (2014). It tries to do it secretly, via proxies like the BSA. It is very hard to find out who is doing what because the whole affair is shrouded in secrecy. This secrecy is part of the design.

Dr. Glyn Moody tried using the law to impose transparency on Microsoft’s actions. He failed, but in the process he did manage to reveal that Microsoft was up to no good. Here's the latest:

This is really one of the most ridiculous get-out clauses, because it is so wide. The whole point of the FOI system is so that we can see precisely what is being said in these discussions, and to find out what companies are saying behind closed doors – and what ministers are replying. Although it’s laudable that the Department for Business Innovation and Skills got in touch to correct its response to me, it’s rather rich to do so and then simply refuse point-blank to release any of the information it has just found.

The only consolation is that whatever Microsoft whispered in the corridors of power to de-rail the move to ODF – since I hardly imagine it was a fervent supporter of the idea – it didn’t work. However, there are doubtless many other occasions when it did, but we will never know. That’s just unacceptable in a modern democracy.

What we have here is a clear reminder that Microsoft is attacking open standards in the UK. Microsoft bribed people to rig balloting processes all around the world and it tried hard to confuse the public by calling a proprietary format “Open XML”, using a lot of abuses to also put some stamps on it. Microsoft is basically diluting the brand of Open Source, just as with Nokia at the moment Microsoft is naming Windows “Debian”. To quote a mystifying new report: “When Linux users hear about Debian they know instantly that it’s one of the best and most popular operating systems out there. Nobody thinks that it might be a new firmware for a Windows-powered Nokia phone.”

Is that not a trademark infringement? Debbie and Ian would almost certainly not approve.

Going back to standards, what Microsoft has been trying with ODF, as we have demonstrated repeatedly, is an “embrace and extend” manoeuvre. It’s like “the ‘other’ Java” from Microsoft, to name just one example where Microsoft destroys rivals by ‘embracing’ them and then distorting them.

After Microsoft’s many attacks on OpenGL (there is no “Microsoft OpenGL”, but Microsoft did contribute to harming of OpenGL as a standard and even derailed gaming under GNU/Linux this way) we learn about this disturbing (but rather predictable) move:

Neil Trevett, the VP of the Mobile Developer Ecosystem at NVIDIA and also serves as the President of the Khronos Group, confirmed that Microsoft has joined the Khronos Group’s WebGL working group. Microsoft in past years has generally distanced itself from “GL” in favor of their own Direct3D API. Microsoft was originally a member of the OpenGL Architecture Review Board, but they’ve been out of that position for more than one decade with just pushing DirectX on Windows and leaving Windows OpenGL support as a bastard child.

Microsoft is hoping to dip its fingers in OpenGL so that it can better control it. Khronos oughtn’t allow the Microsoft moles in, assuming it remembers the history of what Microsoft did to OpenGL. There are promising new features in the latest OpenGL and OpenCL [1,2,3], so to let a dying platform like Windows show the way would be rather unwise. Microsoft wants to do to OpenGL (OGL) what it did to Open Document Format (ODF). Microsoft wants and needs lock-in in order to survive. Since it’s WebGL we are dealing with here, just recall all the damage Microsoft caused to and brought upon the Web.

Related/contextual items from the news:

  1. The Khronos Group Is Developing A New Graphics API From The Ground-Up

    Khronos announced a call for participation in a next-generation OpenGL initiative. The announcement reads, “Khronos announced a call for participation today in a project to define a future open standard for high-efficiency access to graphics and compute on modern GPUs. Key directions for the new ground-up design include explicit application control over GPU and CPU workloads for performance and predictability, a multithreading-friendly API with greatly reduced overhead, a common shader program intermediate language, and a strengthened ecosystem focus that includes rigorous conformance testing. Fast-paced work on detailed proposals and designs are already underway, and any company interested to participate is strongly encouraged to join Khronos for a voice and a vote in the development process.”

  2. OpenGL 4.5 Released With New Features

    Well, the next-gen OpenGL didn’t end up being OpenGL 5.0 but is being billed as OpenGL 4.5. Regardless, the OpenGL 4.5 specification is out now.

  3. SPIR 2.0 Is Out In Provisional Form For OpenCL 2.0

    Besides OpenGL 4.5, the Khronos Group announced from SIGGRAPH 2014 in Vancouver today the release of the provisional specification for SPIR 2.0.

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