Bonum Certa Men Certa

ECIS on the Patent Licensing Paradox, Microsoft Confesses Licensing Tricks

European map



Summary: Further discussion of the European Commission's provisional agreement with Microsoft; licensing complications at Microsoft turn out to be deliberate

THE European Commission has permitted Microsoft to discriminate against Free software [1, 2] and it also failed to address Microsoft's racketeering tactics against Free software. Most press coverage, however, is focused only on the terms regarding Web browsers and a screen-based ballot.



Groklaw has this new audio chat (with transcripts) regarding the latest developments. Here is an interesting part of it:

Ashwin van Rooijen: Yeah. Well, I think the open source issue is important. In many markets, Microsoft faces meaningful competition -- any meaningful competition -- only from open source developers. So it is very important that they can actually create interoperable products. And the current template patent license that was part of the undertaking -- I believe it was Annex C of the undertaking -- is clearly not compatible with open source licensing schemes and especially not with the GPL. It requires, for example, that developers that take a license, that take a patent license, notify all the other developers that they distribute the software to of the various patents which Microsoft claims to have in its software. And obviously, that's an obligation which cannot be reconciled with the GPL. And there are other provisions as well which I think would need to be resolved.

38:34

Q: Well, there's also been a history of Microsoft claiming patent infringement, but not communicating the numbers of the patents in question.

38:42

Thomas Vinje: that's been a very serious issue indeed. And patent FUD, in that regard --

38:48

Q: Fear, Uncertainty, and Doubt.

38:49

Thomas Vinje: Fear, Uncertainty, and Doubt, which we certainly believe and has been engaged in to cause concern mainly among potential consumers of open source software about potential patent liability. That's been a serious concern. There are some things in this proposed undertaking that would help to address that problem. And we should say more generally that not everything in the proposed interoperability undertaking is bad; there are some very serious problems with it, some really rather obnoxious devils in the details --

39:28

Q: Could you be more specific?

39:29

Thomas Vinje: Well, we've been talking about the patent one, and the standards one, and we could address other ones as well. But nonetheless, there are some -- we're not certainly saying that it's unsaveable -- I mean, this is a document which could be modified and turned into something which would be very useful. Not necessarily a panacea, it's not going to change the landscape of the industry and make it competitive tomorrow in ways that it isn't today, or even next year in ways that it isn't today, but it potentially would be a very useful arrangement. Ashwin, I've spoken a lot, why don't you mention some of the other devils in the details of the proposed interoperability undertaking?


The good news is that there is still room for modification. Microsoft has attempted to complicate things for Free software, using fees that supposedly correspond to software patents (they are not legal in Europe).

Speaking of complication in licences, IDG has shed some light on why Microsoft licensing is such a complicated thing. The truth may seem like a joke, but it's not; it comes from Microsoft's own mouth:

Navigating Microsoft's complex rules and programs for software licensing has been notoriously difficult for businesses -- a pain point not lost on the company, which for years has said it is trying to simplify the process for customers.

But remarks made recently by Microsoft's top executive, as well as suspicions raised by customers and software consultants, suggest that Microsoft keeps its licensing complicated for a reason, and that it has no plans to make it any simpler in the foreseeable future.

[...]

Customers tend to take a big-picture view of licensing, according to Elop -- that is, they look at the value it adds to their businesses overall, rather than dwell on the minutia of individual licenses required for the products they use.

"Customers want the amount they pay to be tied to the value that they’re driving, the usage they’re getting -- that’s why these models are so complicated," he said. "For different customers, these things are measured in different ways.

"What a customer will do generally is take a big step back and say, what am I paying for e-mail? What am I paying for collaboration? And they will make a determination as to whether they think that’s fair value or less than fair value," he said.


Ouch. Why has Microsoft said the truth out in public? It would be used against it now that the cat is out of the bag.

"Usually Microsoft doesn't develop products, we buy products."

--Arno Edelmann, Microsoft's European business security product manager



Recent Techrights' Posts

If Your Company Lost About 30% of Its 'Value' in 3 Months, Then Maybe It Was Never Worth What You Claimed
Does that make sense?
Pleroma is Dying
The last social control media that I joined was Pleroma
Asia and Social Control Media
statCounter reckons it's down from over 10% to just 3% since it began tracking those things
Anonymous Threats Against My Wife and Against Yours Truly
Promoting GNU/Linux and condemning people who attack GNU/Linux is not a crime
Decades-Long Microsofter (Darryl K. Taft) and TIOBE Conflate Microsoft GitHub (Proprietary) With FOSS in Microsoft-Sponsored 'News' Site
We do not intend to do a lengthy debunking because we covered this subject several times in the past
Microsoft Cuts Continue, Visitor Center in Redmond Shut Down
This goes on and on, leading up to the next giant wave of mass layoffs
IBM Bubble Deflating After James Kavanaugh's Accounting Trick With 'Toxic Assets' Comes Under SEC Scrutiny
If something goes up based on false speculations, bonus numbers and self-serving lies, then it'll come back down, eventually...
The EPO's Corruption and Violation of Rules is Spreading to the United Kingdom (Software Patents)
Yesterday a letter was sent to the chief regarding salaries while reminding him of the next strike, which is only 11 days away
IBM Continues Tanking Today, Already $58+ Lower Than Recent High, Insiders Explain Why
The same CFO from the inception of Kyndryl is still the CFO at IBM
Put Criminals in Prison, Not People Who Report the Crimes
Can people be sent to prison for opposing crime?
 
Links 13/02/2026: SUSE Uses Microsoft Internally, MElon's Company Helps Turn Epstein Files Into Child Abuse (After the Pornography Scandals)
Links for the day
African Browser Choices Show a Growing Problem in the World Wide Web
World Wide Web (WWW) becoming little but a transport layer for a particular proprietary application (Google Chrome) [...] we're back to the late 1990s
If You Want Digital Freedom, Then Follow Richard Stallman, the "Linux" Brand Has Changed and OSI is Microsoft (GitHub)
If you want something stable and predictable, then stick with GNU, the GPL, and GCC
Solicitors Disciplinary Tribunal and SRA Failing to Curb SLAPPs Against People Who Expose Wrongdoing
We'll soon show messages that we transmitted to politicians
Beware the Latest IBM SPAM, IBM is Already Down "After Hours"
After a harsh day in Wall Street IBM's shares area already down again (after trading hours)
Radicalism in Our Communities is Mostly Corporate, Not Grassroots
Infiltration and systematic destruction can be shallowly painted as "inducing manners"
Life Gets Better After Social Control Media
Don't become part of these experiments
statCounter Suggests Americans Are Dumping Social Control Media
Are Americans getting fed up with social control media and quitting in droves?
Back Doors and Fake Security
They've militarised everything, even people's home computers
Cost-Cutting and Book-Cooking at IBM
It's like cutting salaries by more than 50%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 12, 2026
IRC logs for Thursday, February 12, 2026
Mainstream Media Intentionally Ignoring EPO Strikes
“EPO on Strike!”
Jeffrey Epstein crypto disclosure: uncanny timing, Bitcoin demise, pump-and-dump, ponzi schemes
Reprinted with permission from Daniel Pocock
Gemini Links 12/02/2026: Avoiding Coffee, Trying Ubuntu, and "Open Source Robot"
Links for the day
Microsoft Slop CEO Speaks of Layoffs
They will go along with the "replaced by AI" baloney
In Systematic Contempt of the British High Court, Brett Wilson LLP Spent Two Years Lying to Courts and Breaking Rules Against Us
We criticise Brett Wilson LLP quite lot because of its conduct
IBM Kyndryl as "Aggressive “Enron” Accounting"
IBM Kyndryl continues to nosedive today
Relationships evidence: Tiago, Tassia, Thais, Antonio & Debian favoritism, nepotism
Reprinted with permission from Daniel Pocock
Debian pregnancy cluster: why it is public interest
Reprinted with permission from Daniel Pocock
State of the Slop, Slopfarms Containment
Slopfarms still exist this year, but their visibility is limited
Links 12/02/2026: Pushback Against, "NATO Is Expected to Step Up Arctic Security"
Links for the day
Links 12/02/2026: "Microsoft Just Forked Windows" and Windows Notepad is a Giant Security Hole
Links for the day
Windows Has Become Increasingly Irrelevant
There's a very massive wave of layoffs coming Microsoft's way
Our Most Successful Year Ever
The hired guns in London are eager to turn the UK into another China
Slopfarms Waning, But Not Extinct Yet
Metrics show that usage of LLMs is declining
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 11, 2026
IRC logs for Wednesday, February 11, 2026
IBM's Stock is Crashing
If it follows the trajectory of its satellite Kyndryl, it can fall and reach as low as $75
Gemini Links 11/02/2026: Sunny Morning and "KiCad Aims to Ease Linux Installation"
Links for the day
Microsoft Loses Ground in Switzerland
One issue is, Google and Apple seem to gain at Microsoft's expense
Microsoft Layoffs Must be Very Near (and Very Large)
just like IBM
Bringing Attention/Awareness of EPO Corruption and Cocaine Use to the Mainstream Media
What has Europe become? Prey to vultures?
The Solicitors Regulation Authority (SRA) Delusion - Part V - Everyone Seems to Agree That SRA is a Sham
We're going to start a new series soon
A Can of WORMS - Part V - Up Next: The Comeback of RMS in the United States
Guess who funds the cancellers
Threats From 'Former' Red Hat (Now IBM) Staff While IBM's Likely Accounting Fraud Attracts Public Scrutiny
We must be getting "warm"
Matthew J. Garrett Has Just Sent a Threat to Put My Wife and I in Prison Because His Own Spouse Says He's a Rapist
What really intimidates him is his own spouse
Gemini Links 11/02/2026: Terminator Trilogy and Lagrange in the Apple App Store
Links for the day
Links 11/02/2026: Fentanylware (CheeTok) for ICE, Jimmy Lai Shows Journalism Became 'Crime' in Hong Kong
Links for the day
With Firefox Measured at 2% in the United Kingdom Time is Running Out for Web Site Support for Gecko/Servo Users
The open Web is rapidly dying while Mozilla celebrates and champions slop
Lawsuit reactions: EFF behaviour reveals zombification, censorship
Reprinted with permission from Daniel Pocock
Links 11/02/2026: $700 Billion Slop Bill, Social Control Media Under Political Fire for Deliberate Health Harms
Links for the day
Amended Input From Software Freedom Institute for EU Consultation on Free Software
"On 3 February 2026 Software Freedom Institute lodged a submission with the European Commission's inquiry into Open Digital Ecosystems"
Mobbing at the European Patent Office (EPO) - Part VI - Attacks on Staff and Attacks on the Law Merit Another New Series
new series coming shortly
Nadella's Mindless PR Spam Ahead of the Layoffs 'Snowball' (Adding Up Batches) Turning Into an Avalanche
Based on recent observations, the more puff pieces we see about Nadella, the closer we get to Microsoft "pulling the trigger" on mass layoffs
When Happens to Red Hat If (or When) IBM Collapses
IBM is in flux because its CFO is now implicated in what seems like accounting fraud
IBM's Financial Engineering (Accounting Fraud) Shell, Kyndryl Holdings Inc, is Insolvent
If this was done by the very same people who still run IBM, can we expect any better from "Sugar Daddy" IBM?
2026 a Very Productive Year and We Have Many Big Stories to Tell
maybe we'll produce 8,000 new articles/pages by year's end
Clownflare is in Trouble as Its Debt More Than Doubled in Less Than a Year, Expect Further Enshittification
Clownflare isn't free
After the Next Wave of Microsoft Layoffs Washington State Could be #1 for US Layoffs
Microsoft Corp shares were down yesterday
EPO's Local Staff Committee The Hague (LSCTH): The EPO is Generally “Managed by Excel” (Microsoft)
The current management has basically defined corruption to be "success"
With an IBM Company Down Over 75% After Apparent Accounting Fraud the IBM Insiders Want Answers From James Krabanaugh
He has no technical qualifications
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 10, 2026
IRC logs for Tuesday, February 10, 2026