Bonum Certa Men Certa

Mobbyists and Lobbyists (Notably BSA) Marginalise Free Software in Europe Using Lies About RAND

BSA



Summary: The lobby for software patents inside standards that everyone must implement is growing in Europe and those who are behind it are also tied to Microsoft

ACT, the Microsoft pressure group which fakes the voice of European SMEs, is getting some backup from other lobbyists who push Microsoft's interests in Europe, especially when it comes to software patents.



Using "SMEs" as an example or excuse, now it's Dewar who is promoting a back door to software patents in Europe: [via FFII]

"There are a whole host of policies in the flagship which will favour SMEs. On intellectual property, for example, the EU patent would dramatically reduce the cost of patenting in Europe, which would particularly benefit SMEs. But in addition, the commission will make proposals for a European knowledge market for patents and licensing.

"The EU patent plus the European market place for IPs would allow SMEs both to patent more of their inventions, and also to trade and exchange them on equal terms with larger companies," Dewar told the meeting.

She went on, "This is particularly critical in sectors such as semi-conductors and telecoms where companies need to bundle together many existing technologies and therefore require access rights to a range of IPRs.


Dewar probably means well, but she needs to understand what Vincent Van Quickenborne ought to understand too [1, 2, 3]. The unifications they crave provide an opening through which software patents can reach Europe. It's no coincidence that Microsoft's lobbying blog and lobbying group ACT both lobby for it. This would be bad for software freedom.

Generally speaking, a lot of disinformation agents of Microsoft appear to be multiplying. The very GNU/Linux-hostile Jeff Gould is back to his old routine after a couple of years away. Microsoft Florian is back too and having already spread disinformation about RAND over a months ago he is doing it again. LWN should reconsider its policy because it has been giving a platform for this mobbyist to spread lies and now it is feeding Gould as well, despite a consistent record of attacks on GNU/Linux.

The Gerson Lehrman Group's site is carrying this missive from Jeff Gould giving a rather wild-eyed analyst view of Oracle's enterprise kernel update.


The mobbyists have begun more transparently adopting the same tactics and party line as the Business Software Alliance (BSA). Glyn Moody says that the "US Attorney General parrots BSA's nonsense about software piracy..."

The BSA is deceiving for living, not just bullying businesses. Well, that's how politics works, too. The software landscape may be no exception after all.

Carlo Piana writes: "I'm disturbed by claims that RAND is compatible with FS. It is NOT, by&large, it's against Freedom # 2."

FSFE says: "exactly. We (FSFE) are rebutting BSA wanting all RAND acceptable. Not arguing "#swpats MIGHT be compatible w/ FOSS""

“I'm disturbed by claims that RAND is compatible with FS.”
      --Carlo Piana
Andrew Katz, a lawyer, has already put the kibosh on the mobbyists' lies about RAND. He writes: "my personal view is that RAND is against all freedom in spirit, and against some licences in word (e.g. GPL)"

Piana adds: "in other words, yes, if you imply open standards as in FSFE def. (incl. no running royalties forever)"

This won't stop Microsoft Florian, for example, from lying. He is still pushing the same line as BSA and ACT, Microsoft's front groups on these issues; the difference is that he pretends to be pro-FOSS (which he is not) and against software patents, but he is pushing the BSA's party line. Some 'reporters', only/mostly in ZDNet on the face of it, are still willing to chew the falsehoods from lobbyists and mobbyists. It's just sad. Regarding the BSA-FSFE altercations [1, 2, 3, 4, 5] David Meyer writes: "Lobbyists clash over open standards in Europe" (it makes it sound like FSFE is a lobbying group).

In its letter to the Commission (PDF), dated 7 October, the BSA called for "an express endorsement of technologies made available on fair, reasonable and non-discriminatory (FRAND) terms", rather than the preference for open specifications that apparently exists in the draft EIF revision.

The BSA said a tilt towards open specs would "undermine the innovativeness of European standards", adding that the recommendation suggested that such standards should be "free of intellectual property rights". The organisation also pointed to many technologies that are licensed on FRAND terms, such as Wi-Fi, GSM and MPEG.

The FSFE sent its own letter to the Commission on Friday, saying the BSA's letter showed "a gross misconception of standards, their role and their working".


"Business Software Alliance pressuring the European Commission to remove support for Open Standards," says this tweet which refers to the FEFE's ongoing struggle to restore or promote software freedom in Europe. In a new post titled "Battling the Hydra" (by Karsten Gerloff) there are some updates on the subject and Dana Blankenhorn is still acting as Microsoft Florian's sidekick. In a new post titled "How open source advocates beat themselves" (Summary says "Calling someone else “IBM Stu” or “Microsoft Dave” is what gives vendors their power over open source") Blankenhorn seems to dismiss FSFE as just a lobbyist (Microsoft Florian loves throwing blows at FSFE/FFII, claiming them to be IBM lobbyists). To quote part of this awful post which looks like it was ghostwritten by or written in the spirit of Microsoft Florian:

But there was a time, long before ZDNet, when I did some consulting. A company I worked for had contracts with some very big vendors indeed, under strict non disclosure agreements (NDAs).

I learned a lot from those contacts, about the decision-making process within those clients. Did it make me their lapdog? Not at all.

My point is that the assumption of corruption in others does grave damage to the cause. The use of rumors — calling someone else “IBM Stu” or “Microsoft Dave” — is what gives vendors their power over open source.


Not surprisingly it soon turns out that Blankenhorn and Microsoft Florian have just met. "Pretty crazy" called it someone who told us about it via mail. "Has FOSS lost the battle against patents" is the post under which Blankenhorn reveals his affinity for Microsoft Florian.

It’s Florian Mueller (right), and he wrote it on his FOSSPatents blog last week, shortly after I met with him in Munich.


Well, at least he no longer pretends to be pro-FOSS. And the "Linux and Open Source" blog at ZDNet has become somewhat of a platform for Microsoft Florian to spout out his inaccuracies and lies. What a shameful situation. The FFII has meanwhile responded to the acts of the BSA; it labels it "espionage" and says: "Like a thief returning the product: BSA sent the Commissioners a letter commenting on unreleased official drafts."

In summary, Microsoft's lobby for software patents in Europe (mostly through RAND) is gaining steam and those who are behind it are in Microsoft's pocket, as expected.

Recent Techrights' Posts

Disable 'Secure Boot' (If It Lets You)
it doesn't put you in control
Longtime Red Hat Staff: Maybe Just Disable 'Secure Boot'
A refreshing take from Adam Williamson
A Dozen Observations About "UEFI 9/11" Deflections
What we are expected to see, tentatively
The World's Richest Ponzi Scheme (Faking Value Using Net Waste)
The higher they go the harder they fall
We Could Dual-Boot Back in the 1990s, Why Has This Become So Difficult?
And prone to breakage
Slopwatch: Google News is Still Promoting Many Fake Articles About "Linux", in Effect Rewarding Misinformation and Plagiarism
things continue to deteriorate
They Say That People Are Afraid of or Worried About "Hey Hi", But the Worriers Should be the Fools Who Invested in It
At the end of the day nobody should worry more than those who invested their money in this bubble
 
The UEFI 9/11 - Part X - An Outline of the Series About Microsoft Sabotaging GNU/Linux (With Ramifications to Unfold Online in Coming Weeks as People Reboot)
Today is UEFI 9/11 (9/11/2025)
Ron Wyden: Microsoft Should be Held Accountable for Security Breaches (He Has Said This for Years Already, It Never Happens)
Negative media coverage isn't a fine and it does nothing to compensate Microsoft's billions of victims
Culture of silence: Ubisoft harassment convictions, Mozilla, Sylvestre Ledru & Debian make no comment
Reprinted with permission from Daniel Pocock
Links 11/09/2025: "Hey Hi" Ponzi Schemes at Oracle (Unpaid Contracts) and Cindy Cohn is Leaving the EFF
Links for the day
Gemini Links 11/09/2025: Playdate Console, Dichotomy between the Real and the Digital
Links for the day
The Microsoft AstroTurfing and Microsoft-Led Blame-Shifting Tactics Are Ahead of Us
Of course it has nothing to do with security, it's about control, i.e. them controlling everything
Celebrating Assassination is Bad Because It Legitimises Assassination of the People You Like, Too
Condoning or even celebrating political assassinations is bad optics (and taste)
Being Conditioned to Accept Unreliable Computer Systems That Fail With Black Screen of Death (BSoD)
Welcome to 2025
New Series: The Coup Against GNU/Linux Has Begun
today, this year in particular, we shall also focus on Secure Boot, which is sold based on a lie and tortures many computer user
New Paper on "BYOVD, but in firmware. Signed UEFI shells, vulnerable modules offer new paths for Secure Boot bypasses."
One might say digital "security theatre"
Links 11/09/2025: Oracle Layoffs, Drunk Pilots in Japan Airlines, US-Korea Tensions Grow
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 10, 2025
IRC logs for Wednesday, September 10, 2025
Xubuntu Site Compromised
Let's hope it is not a security breach
Links 10/09/2025: Retaliation at Facebook and Microsoft Reveals Almost 100 Security Holes
Links for the day
Gemini Links 10/09/2025: Annihilation of Self, The Future Eaters, and Leaving Academia
Links for the day
Harassment evidence: franceinfo's Clara Lainé report on Ubisoft prosecution
Reprinted with permission from Daniel Pocock
Links 10/09/2025: Microsoft Layoffs in "RTO" Clothing and Windows TCO, GitHub TCO
Links for the day
Blaming Everything on China
TikTok works for China. GAFAM works for fascists.
People Get Tired of "Hey Hi" (AI), Unlike the Subservient Money-Obsessed Media That Gets Paid to Pretend This Bubble Still Matters
"crash will be way bigger than dot.com burst in 90s. and that was Internet, actually transformative technology, not this expensive AI toy with direct dependency on the energy input which is not scalable"
Brett Wilson LLP Accepts That the Serial Strangler From Microsoft Filed a Case That Also Implicates My Wife (Everything is Connected)
They used to pretend that there were two separate cases
10 Reasons to Disable (or Enable) UEFI Secure Boot
Tomorrow the "trusted corporation" Microsoft will see a certificate expire
Gemini Links 10/09/2025: Hospital and Large Feeds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 09, 2025
IRC logs for Tuesday, September 09, 2025
The Bluewashing of Red Hat is Being Completed, Many Staff Understand They'll be Made Redundant
Jim AllowHurst (Whitehurst) is meanwhile promoting Microsoft's agenda from within other companies
Throwing Away "Old" Computers (Mozilla and Other Climate Deniers)
Mozilla is not leftist
statCounter Sees GNU/Linux Exceeding 10% in Bulgaria This Month
What can Microsoft still do to stop GNU/Linux?
Dark Patterns
Microsoft saying "security" is like a Convicted Felon in the White House saying "law and order".
It's Almost Fall (Autumn)
To "Facebook prison" you are bound
Bruce Schneier About "Secure Boot"
Bruce Schneier isn't a fan of "Secure Boot"
Links 09/09/2025: Microsoft Mass Layoffs Again and "RTO" (Timed Like It Serves as a Distraction From the Mass Layoffs)
Links for the day
RMS Told Microsoft to Stop 'Secure Boot' (He Even Went There to Say That), But They Didn't Listen
Dr. Stallman (RMS) assumed that speaking to sociopaths would work
What Richard Stallman Told Me About 'Secure' Boot in 2012
"if the user doesn't control the keys, then it's a kind of shackle"
Those Who Helped Microsoft Weaponise "Secure Boot" Against GNU/Linux and BSDs Are Fleeing
Microsofters doing what they do best: they evade accountability
Simple is Better, Simplicity is Power
That is "the advantage of having commodity GNU/Linux systems," an associate notes
Much Ado About Nonsense
Microsoft Lunduke is still all dramatisation and sensationalism
Current Events in France
It needs to dump Microsoft and other GAFAM (US) giants, move to Free software
Further Media Cut-downs
media reporting about the media being cut
Links 09/09/2025: US-Korea Tensions and Meta Whistleblowers
Links for the day
Gemini Links 09/09/2025: Moon Eclipse and ROOPHLOCH Reports
Links for the day
Links 09/09/2025: “Torrents of Hate” and Political Crisis in France
Links for the day
Gemini Links 09/09/2025: "Dedigitizing" and Forgejo on FreeBSD
Links for the day
Google News (Not Just Google Search) Lets Itself by Gamed by One Slopfarm - to the Point Almost Half of "Linux" News is Bot-Produced Plagiarism (LLM Slop With Slop Images)
That says a lot about what Google thinks of quality, even in Google News
Bill Gates-Funded Media Inadvertently Refutes the Microsoft Lie That in 2025 Microsoft Had Just Two Waves of Layoffs
There were about 12 rounds of layoffs so far in 2025
Official SUSE Blog Still Uses LLM Slop (Bots) to Make Fake Articles (Marketing)
The company is all about sound bites
Companies Realise That Slop Doesn't Work as Advertised, Accordingly Dump It
"Hype dims as a country-wide survey of US corporations shows a sudden drop-off in AI use among firms with more than 250 employees."
Microsoft-Funded Lawsuits Against Critics of UEFI 'Secure Boot'
Remember that no company (or law firm) ever survives collaborations with Microsoft
From theregister.co.uk to theregister.com (US) to The Register MS (Run by Microsoft Operatives) and theregister.ai
The best way to break this racket (or cycle of hype and harm) is to break the chains of funding
Open Source Initiative (OSI) Culture of Censorship Necessitates More Speech
The OSI bans dissent or people who merely point out that the OSI is abusive
How to Reach Us Discreetly (Other Than Encrypted E-mail)
We're still managing to maintain a 100% source protection record. We soon turn 19.
LLMs Are Vastly Worse Than a Waste of Energy and the Externalities Are Huge
Worse than just higher power bills for everybody
LLMs Versus Search (Not Replacing Search But Engaging in DDoS Attacks Against Web Sites That Permit Searching)
The state of the Web isn't just bad; it's utterly terrible
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 08, 2025
IRC logs for Monday, September 08, 2025
It's Only the Second Week of September and Already Two Waves of Layoffs at Microsoft, Slopfarms and Microsoft-Funded Sites Spin It as "AI Investments" Rather Than Commercial Failure
A very large third one expected next week
The UEFI 9/11 - Part IX - Shunning Old Computers (in 2023 the Certificate Was Updated/Overridden, Underlying Aim May Be Herding/Forcing People to Get TPM and Other 'Novel' Restrictions)
the "upgrade treadmill"