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

[Teaser] Freenode LTD: What Happened
Upcoming series based on insiders' account with evidence
Links 15/04/2024: Signs of Desperation at Microsoft and Tesla Employees Brace for Mass Layoffs (Update: Yes, Over 10% at Tesla Laid Off)
Links for the day
Human Rights Tribunal of Ontario (HRTO) Does Not Wish to Become an Instrument of Cost-Free Harassment or 'Cheap Revenge', It Says "Justice is Not Free. Quite the Contrary. Justice is Expensive."
Long story short, there is no lawsuit, there is a just a hateful, lying idiot abusing "the system" (which this idiot rejects entirely)
 
Richard Stallman to Give Public Talk in Portugal on Wednesday
new addition to his page
Richard Stallman's Hair Has Grown Back and He Does Not Talk About Cancer
May he live a long and happy life
New Video of Richard Stallman's Talk in Italy (Delivered a Week Ago)
a working copy of the video
Microsoft Windows Falling to New Lows in the United Kingdom and Worldwide
What's noteworthy here is that there's no sign at all of a Windows rebound
[Meme] Quantity of European Patents
they've rigged the system to make more money
Why do free software organizations eliminate community representatives?
Reprinted with permission from the Free Software Fellowship
Upcoming Themes and Articles in Techrights
we expect to have already caught up with most of the administrivia and hopefully we'll be back to the prior pace some time later this week
Matthias Kirschner & FSFE People Trafficking, coercion of volunteers
Reprinted with permission from the Free Software Fellowship
Gemini Links 15/04/2024: Profectus Alpha 0.4 and RPG of One Capsule Progress
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 14, 2024
IRC logs for Sunday, April 14, 2024
Oceania: GNU/Linux Measured at Lower Than the International Average (4% or 7% Including ChromeOS)
statCounter's data
Achieving Objectives
The 'suits' and their vocabulary can be overcome when their deceit is widely deciphered:
Mozilla Has Turned Firefox Into OSPS Consistent With "Attestation" Objectives
Open Source Proprietary Software
100 years of Hitler & psychological experiments on volunteers
Reprinted with permission from the Free Software Fellowship
Taliban, the Free and Open Source Software Community Team of Afghanistan
Reprinted with permission from the Free Software Fellowship
Links 14/04/2024: Software Needed for Work and Issues in Brazil
Links for the day
Gemini Links 14/04/2024: OFFLFIRSOCH and Gemtext Specification 0.24.0
Links for the day
Links 14/04/2024: Tesla and OpenAI (Microsoft) Layoffs Floated in the Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 13, 2024
IRC logs for Saturday, April 13, 2024
Gemini Links 13/04/2024: SEO Spam and ‘Broadband Nutrition Label’
Links for the day
Gemini Links 13/04/2024: GmCapsule 0.7 Released
Links for the day
Links 13/04/2024: Whistleblowers, OpenAI and Microsoft Leakers
Links for the day
'Our' Technology Inside the Home is Becoming Less Reliable and It Implements the Vision of Orwell's '1984' (Microphones and Cameras Inside Almost Every Room)
Technology controlled by who exactly?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 12, 2024
IRC logs for Friday, April 12, 2024
Google, FSFE & Child labor
Reprinted with permission from the Free Software Fellowship
Links 13/04/2024: Huawei and Loongson PCs, IBM Layoffs
Links for the day
Gemini Links 13/04/2024: Specification Changes and Metaverse Newbie
Links for the day