Bonum Certa Men Certa

Jonathan Zuck and ACT: What is It Anyway?

ACT Microsoft



Summary: As the lobby for software patents in Europe intensifies, we identify and dissect the culprits

EUROPE is under attack at the moment. Lobbyists of firms like Microsoft -- and in particular ACT -- are trying to legalise software patents, thus marginalise Free software, and the Commission is not particularly helpful; it's almost playing along with the lobby, or playing right into its hands.



A few days ago, Digital Majority identified ACT's Jonathan Zuck trying to legalise software patents in Europe through the loophole of contamination (whose euphemisms include "harmonisation" or "Community"). Here is Zuck himself, a Microsoft lobbyist who met Bill Gates, once again pretending to speak on behalf of small businesses (hijacking their voices):

EU takes key step towards bloc-wide patent system



[...]

Lobbyists for smaller firms welcomed the move.

"We hope this development will give a new impetus to the conclusion of negotiations on the community patent," said Jonathan Zuck, president of the Association for Competitive Technology.

"Small and medium-sized firms cannot wait for it, they need it today," he said.


Smaller firms do not welcome the move and Jonathan Zuck is not their spokesman. He is a hired gun of the vicious monopolist called Microsoft [1, 2, 3, 4, 5, 6, 7, 8]. They try to pass new laws with bogus endorsements and it seems clear that Zuck is back at work lobbying for software patents EU-wide. They try to do it quietly without mentioning the phrase "software patents" because these patents are too controversial. They make mere programming a case of civil disobedience.

As pointed out some days ago, there is a new identity to to this push which Charlie McCreevy put forth as his evil "hamonisation" plan, with endorsement from the French president, who is a friend of Microsoft. The Microsoft-sponsored Czech presidency too is a supporter.

Speaking of McCreevy, we have this new report from Asia:

It is interesting to note that globally, the software patent mess is starting to rear its ugly head yet again. In the EU, Charlie McCreevy is trying to legalise software patents with a US-EU patent treaty, and in India the Patent Office is working on a Draft Patent Manual to allow software patents.


A coalition opposing this attempt to ban Free software is urgently needed as long as Brimelow adopts a spineless approach [1, 2]. The likes of ACT have plenty of money to spend on AstroTurf domains and all sort of "Innovation Day"-type lobbying events. Microsoft is taking the invoices and paying the bills whilst the Commission becomes a bamboozled victim in the hands of insiders.

From an unpublished ACT 2006 submission to the Commission Future of Patent Policy consultation sent to Mr. Erik Nooteboom* (see consultation, more details, and this larger list):

Yes. We agree that a well-functioning patent system should include clear substantive rules and would add that such rules already exist under the current European patent system. As such, there is no need for further legislation regarding patentability (subject matter) and conditions of protection (in particular, novelty and inventiveness). The existing rules, as defined by the European Patent Convention (EPC), the Strasbourg Convention and the national patent laws which implement them, offer the right framework as to what can be patentable and under which conditions. The provisions of the EPC and the Strasbourg Convention adequately address the substantive conditions for patent protection, the scope of patents, and exceptions to patentability. No additional approximation of the substantive patent rules is required. By way of comparison, it’s worth noting that the legal instruments which define the subject matter and conditions of protection of other intellectual property rights, including the European Directives harmonising copyright or trademark law, offer a similar level of certainty as to the definition and conditions for protection of IP rights.


See that bit about "harmonising"? And the assimilation of patents to other separate things using the "IP" buzzword? Here is also Microsoft's submission [PDF]. They sure seem like a crowd this way, don't they? Microsoft represents itself and pays another entity to pretend that it represents 4,000 small businesses. Microsoft also commonly uses the BSA and CompTIA for these purposes.

So who or what is ACT anyway? We've been through this before [1, 2, 3, 4, 5, 6, 7, 8], but let's learn about ACT from ACT itself. Its introduction says:

For ACT members, the patent system is one of the key areas of European legislation that affects their business, and the most important of all areas of intellectual property. In an era where interoperability is increasingly important, patents have become critical to smaller software innovators. Using their institutional advantages of market penetration, geographic reach, promotional dollars, etc., larger competitors can simply co-opt the copyrighted inventions of smaller firms. Within months, they can reverse engineer their technologies and quickly distribute the new products through their well-established pipelines. Trade secrets, a previous favorite of software developers, are also insufficient in an era where interoperability and cooperation are paramount. Attempting to maintain trade secret protection while sharing code and other valuable information becomes very complex and inefficient. Further, trade secrets burden the developer with demonstrating their means of protecting that secret and the consistency of that protection. In the real world this is a question of resources, an advantage smaller firms do not have. In addition to improving Europe’s patent system along the lines set out by ACT in this paper, other urgent measures should be taken. By tackling over-regulation, educating ICT entrepreneurs to be better businessmen and engendering an entrepreneurial mind-set within Europe, EU Member States and EU Institutions could create the right atmosphere through which to assist ICT entrepreneurs in Europe to benefit from a healthier hi-tech business environment.

[...]

While ACT enjoys some support from larger “platform” firms such as eBay, Oracle, Verisign and Microsoft, it represents smaller, entrepreneurial tech firms that use these platforms, like Sax Software, TechTalk, Galleria Retail Technology Solutions, Premitech, and Tribeka Converging Technologies.


Let's deconstruct this a little.

Sax Software is the company of Jonathan Zuck's ACT co-lobbyist and possibly former ACT president, Mike Sax. The company offers visual basic widgets. In other words, it's closely tied to ACT and to Microsoft Windows as well.

Tribeka is considered to be a European SME lobby -- a dummy for patents for Microsoft, a "startup" for around 10 years with a software packaging business concept that they tried to patent: You can burn your CD and print the cover in the shop using a terminal. Daniel Doll-Steinberg always makes the SME software patent case for Microsoft in Brussels lobbying. But his invention is not a software patent and even Microsoft is not actually interested in his "innovative" distribution channel idea.

Gallery Retail is a Microsoft certified partner, whose Windows-based Web site flogs promotional displays.

Jonathan Zuck also tells how ACT came into existence:

How it got started: in 1998, governments across the world were busy debating issues like the Y2K crisis, antitrust in the new economy, encryption exports and broadband. But when debate turned to serious discussions about how government needed to ‘fix’ the tech industry, even executives of smaller firms started to take notice. While these executives were finally awake to the direct and immediate threat of heavy-handed government regulation, none of them had their own lobbyists or government affairs staff. Yet, with so much at stake, they realized that small tech firms could no longer remain in the silent majority of international business. Later that year, several executives of small technology firms came together to create the Association for Competitive Technology (ACT). Since its founding, ACT has been the leading voice for the entrepreneurial tech firms that are so critical to our world’s economy. Since its inception ACT has found that many of the issues that face SMEs are global in scope. This has led SMEs from outside the United States, in Europe and Asia joining as members.


"Antitrust in the new economy" simply refers to Microsoft's investigation at the Department of Justice. That's where Judge Jackson called Microsoft "criminals". It seems safe to believe that ACT is a rename/respin of the defunct ATL, which perhaps got a little 'too' exposed when Microsoft needed shills to write supportive letters ('on behalf' of dead people) in 1998. CAGW and ATL were among those in the headlines and so was DCI. ATL is another Zuck-led lobbying arm and according to SourceWatch, ACT was actually created by Microsoft, so it's nothing to do with small businesses. To quote SourceWatch:

Microsoft has also created new trade groups, the Association for Competitive Technology (ACT) and Americans for Technology Leadership (ATL), to generate support for the company through Web sites and a sophisticated and largely hidden grassroots lobbying campaign.


ACT is still very busy creating new domains and making up all sorts of campaigns whose domain name is registered by proxy. We covered this before and offered evidence.

“ACT was actually created by Microsoft, so it's nothing to do with small businesses.”Returning to ACT's own description of the raison d'être, "leading voice for the entrepreneurial tech firms that are so critical to our world’s economy" simply means that whenever regulators make proposals that challenge Microsoft's business (e.g. antitrust, open document formats, software patents), ACT lobbyist/photographer Jonathan "guitar hero" Zuck and his team come to the rescue and lend SME AstroTurf support.

You've got to love how they mix (saturate/dilute) lists to hide the real source and concentration of power.

For example:

"eBay, Oracle, Verisign [...oh! And some 'small' company that created us, a company called] Microsoft"

Regarding support from industry:

"Sax Software..."

That would be a company created by Zuck's friend and one of the chief people among ACT's staff.

How many small companies are they listing? Like half a dozen at most? Where are those 4,000 companies that Zuck spoke to me about? Are these too ashamed to be affiliated or associated with ACT? Are they even aware that their voices are being stolen by a Microsoft lobby that seeks to harm them 'on their behalf'?

ACT also says : "in 1998, governments across the world were busy debating issues like the Y2K crisis, antitrust in the new economy, encryption exports and broadband."

More dilution exists there. What's that second thing again? Was it only antitrust? Was there a specific case that year? Were other issues like encryption exports and broadband relevant only in 1998?

ACT -- who are these guys kidding? We'll start keeping better track using the always-under-construction Wiki.

Zuck et al can change names/umbrellas once again, just like Blackwater recently did. To escape bad reputation by morphing is not so easy when you know the names of the people involved and soon realise where their wage comes from. It just makes it harder to search or inquire by company names, assuming there is no proper mapping between old and new identities. ____ * There is another consultation in the repository on patents and all the copyright consultation stuff from DG market. Interesting are in particular the contributions of LJ Jakob and Micelli.

"That particular meeting was followed by an anonymous smear campaign against one of the TC members. A letter was faxed to the organization of the TC member in question, accusing the TC member in question of helping politicize the issue (which is, of course, untrue). I too had the dubious pleasure of hearing first hand how Microsoft attempted to remove me from the TC (they did not succeed, thanks to integrity and cojones of the organization I am affiliated with)."

"If this unethical behaviour by Microsoft was not sufficiently despicable, they did the unthinkable by involving politics in what should have been a technical evaluation of the standard by writing to the head of the Malaysian standards organization and getting its business partners to engage in a negative letter writing campaign to indicate lack of support of ODF in the Malaysian market. Every single negative letter on ODF received by the Malaysian standards organization was written either by Microsoft, or a Microsoft business partner or a Microsoft affiliated organization (Initiative for Software Choice and IASA)."

A Memo to Patrick Durusau

Recent Techrights' Posts

linuxsecurity.com Continues to Spread Lies or Machine-Generated FUD (Microsoft LLMs Likely the Source) About OpenSSH and Linux
this LLM problem is global
People Who Came From Microsoft Demanding Removal of Articles About Them, About Microsoft, and About Microsoft GitHub is "Generous" (According to Them)
Imagine choosing a law firm that borrows money in the same year just to avoid overdraft in the bank!
Microsoft Has "Made the Customer the Product."
it's very likely this comment was made by a Microsoft employee
 
gbhackers.com is Not Hackers, It's LLM Slop Outputs (Fake 'Articles') That Attack 'True Hackers'
A site called linuxsecurity.com keeps doing this and now we see the slopfarm gbhackers.com doing the same
Gemini Links 20/02/2025: Law of Warming and Cooling, Health, and Devlog
Links for the day
Links 20/02/2025: Microsoft Infosys Layoffs and IRS Layoffs (Good News for Rich Tax Evaders)
Links for the day
IBM Layoffs in Europe Already Happening or Underway (UK and Spain). They Try Not to Call These "Layoffs".
"CIO" in particular was repeatedly mentioned lately, as was Consulting
Possibly a Third Round of Mass Layoffs at Microsoft in 2025 ("Cloud Solution Architects, Customer Roles"), Report Removed or Censored
This is literally the top story for "microsoft layoffs" right now
Instead of 'DoS Protection' Cloudflare is Allegedly Conducting 'DoS Attacks' on Users of Browsers Other Than Firefox and GAFAM's DRM Sandboxes (Chrome, Safari and Others)
If you value the Web, you will avoid Cloudflare
Mixing Real With Fake in One 'Article' (by "Director of Content, Help Net Security")
From what we can gather, he got machines to generate some slop for him
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 19, 2025
IRC logs for Wednesday, February 19, 2025
Gemini Links 19/02/2025: FreeDOS abd Botfloods
Links for the day
GNU/Linux and Android Trump Microsoft in Saudi Arabia, Bing Down Since the LLM Hype/Hysteria Began
Microsoft leaves a lot of money on the table
The Interplay Between Free Software and Journalism Based on Truths, Suppressed Facts
Honest people can be transparent. Dishonest, rogue people rely on a lack of it.
FSF Talk: "Free Software Teaching Materials" by Dr. Miriam Bastian
Software Freedom is rooted in philosophy but it's about technical solutions
IBM's CEO Has Become a Stochastic Buzzword-Generating Machine
The current CEO is extremely unpopular
Chicago Transit Authority Has Dumped Twitter (X), As Did Many Others Without Announcing It (Due to Fear of Right-Wing Mobs)
If you don't have an account in Gab, then you probably should not have one in "X", either
How-To Geek Sort of Supersedes MakeUseOf (MUO) for GNU/Linux Coverage
some writers from MakeUseOf (MUO) have been migrated to a sister publication
New Year's Resolutions Scoreboard
The goal is to improve clarity, accessibility, speed, and accuracy
Sites Reporting Crimes and Getting Harassed for Reporting Crimes
you cannot just ignore those who constantly seek to harass
Links 19/02/2025: Science, Hardware, and Digital Restrictions (DRM) Striking Again at eBooks
Links for the day
Zizian, transgender, Google & Debian open source extremist cult phenomena
Reprinted with permission from Daniel Pocock
Links 19/02/2025: The Forgotten USB Competitor and Pope's Bilateral Pneumonia
Links for the day
Gemini Links 19/02/2025: AuraRepo and Offpunk
Links for the day
Slopwatch: Wayne Williams is Making Up for His Workers' Slop Party, LinuxSecurity.com Still Publishes Fake Articles
We must identify and call out the culprits
“Open Source” Really Does Miss the Point, We Can Do Better Than That
We need to reject groups of people who promote Microsoft GitHub (proprietary) and call that "Open Source"
Red Hat's Bluewashing to be Further Completed This Year
Do not wait for some announcement from redhat.com - it's already covered by IBM
Links 19/02/2025: Organisations Quitting Social Control Media, Windows TCO Illustrated Some More
Links for the day
The Free Software Foundation is More Financially Independent From Large Corporations Right Now
Money that comes with strings attached to it is always problematic
The Free Software Foundation's Position on IBM Taking Red Hat Enterprise Linux 'Private' is Articulated Almost 2 Years Late
The Free Software Foundation finally spoke out about this issue
Techrights Publication Topics
One thing we'd like to do more of is Software Freedom advocacy
Springtime Layoffs at IBM (2025) and Statement From IBM European Works Council
It's about cost-cutting, even if such cuts doom the company
Microsoft Paying People Who Harass and SLAPP Techrights, Demanding Censorship
At this point the money trail leads directly to Microsoft
It's Not Even Hidden Anymore: Microsoft is Passing Bribes for Media to Publish Puff Pieces About Itself
GeekWire is paid by Microsoft to publish many puff pieces (even outright lies) about Microsoft
Dr. Andy Farnell on a Death to Efficiency and Cash
Cash is not the same as "digital cash", which isn't even remotely the same
Links 19/02/2025: Political Roundup and Halifax Wants to Dump Twitter ("X")
Links for the day
Gemini Links 18/02/2025: Beginning Meditation, Poison as Praxis, and Blogging
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 18, 2025
IRC logs for Tuesday, February 18, 2025
A Gift That Keeps on Giving: Microsofters Reveal a Campaign of SLAPP, Seeking to Censor Critical Information About Lawsuits Against Microsoft
All they can get here or mockery and ridicule
Two Years After Issuing Ridiculous Threats and Choosing a Law Firm in Debt (Probably Desperate for Clients) Matthew J. Garrett Gets Help ('Bailout') From Microsofters
The karma won't be good
How Americans View 'Free Speech' in Practice
"No good deed goes unpunished"
Threats Against Techrights Always Come From Outside Britain
Over the coming days we shall write about an example of our own and we'll show how Americans have the audacity to bully people using a foreign (to them) court
Links 18/02/2025: More DeepSeek Bans and Supreme Court Patent Challenges
Links for the day
Links 18/02/2025: FAA Layoffs and EU Betrayed
Links for the day
On Technical Contracts of Employment and Why People Must Read Before Signing
The wave of layoffs under MElon will worsen prospects of finding alternate/better employment
LLM Slopfarms: LinuxSecurity.com and FUDZilla Doing 'Linux' (Fake Articles)
It's 2025. Everything on the Web is getting worse, except SPARTAN.
Gemini Links 18/02/2025: Reading Books and Oneiric Monk
Links for the day
Swiss corruption, Greens, Liip & Debian human rights violations
Reprinted with permission from Daniel Pocock
Swiss police TIGRIS unit, World Cat Day, Swiss-corruption.com & Debian
Reprinted with permission from Daniel Pocock
Links 18/02/2025: “Hey Hi Video Surveillance” and YouTube at 20
Links for the day
LLM Slop is Now Filling the Web With Pure Fiction/Fabrication/Misinformation About Linux
The timing of this lie/fiction is curious because Torvalds is being brigaded for defending C
FUDZilla Has Turned Into LLM Slop and Machine-Generated FUD (New York Times Has Also Just Admitted Moving in That Direction)
Failing news sites, instead of calling it quits with some remaining dignity, are handing control over to LLM slop (pretending to still be active)
By Buying Twitter, MElon and Cheeto Now Control EU Politicians, Even at the Highest Levels
"the top level politicians make the egregious mistake of trying to treat Xitter as if it were a communications medium"
The Washington Post (Jeff Bezos) Dies in Darkness
spread it on
How to 'Sell' Software Freedom to People
In my experience, it helps when one speaks about control, not freedom, including confidentiality
Gemini Links 18/02/2025: Downloading Gemini Files with Emacs and Elpher, Gopher on Devuan
Links for the day
Richard Stallman Confirms His Next Talk, "Free/Libre Software and Freedom in the Digital Society" (Next Monday in Free University of Bozen-Bolzano)
He could already advertise this more than a week ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 17, 2025
IRC logs for Monday, February 17, 2025