Bonum Certa Men Certa

Microsoft Lobbyists Corrupt the European Interoperability Framework to Marginalise Software Freedom

Summary: Early assessments of the latest version of the European Interoperability Framework (EIF)

How good/bad is the final version (as in revision) of EIFv2? Well, it depends on who's asked. Glyn Moody looked at the difference between the different versions, which the FSFE also highlighted in its Web site. They stood up against Microsoft EIF lobbyists. Microsoft Florian, BSA, and ACT, for example, were promoting RAND using the exact same lies about Free software. Moody, who was actively rebutting these people, says that "the lobbyists won, free software loses badly [in] #eif #eu" and he writes an article titled "the Great Defeat":



Long-suffering readers of this blog will know that the European Interoperability Framework has occupied me for some time - I wrote about the first version back in 2008, and have been following the twists and turns of the revision process since.

These included the infamous leaked version that redefined “closed” as “nearly open”. Now we finally have the final version of EIF v2 - and it's not a pretty sight.

[...]

This issue of whether FRAND or royalty/restriction-free should be adopted for open standards is one that I've discussed much in recent columns, pointing out that FRAND is not generally compatible with free software implementations. It might seem that the European Commission has come up with a nicely-balanced compromise by specifying that both FRAND and royalty-free are acceptable. But if you think about it, “FRAND or royalty-free” is identical to FRAND, because FRAND includes royalty-free as a stricter subset. The European Commission has simply mentioned “royalty-free” as a sop to those who called for it.

But wait, you might say, doesn't it specify that even FRAND terms must be “in a way that allows implementation in both proprietary and open source software”? It certainly does, but that just means that it must be possible for some type of open source to implement the FRAND standard; it doesn't say that all kinds of open source must be able to.

So, in practice, this means that FRAND standards that shut out GPLv2 software, for example, are perfectly acceptable provided other open source licences - of which there are many - can accommodate them. Once again, the European Commission has adopted wording that seems to address the concerns of the open source community, but which in practice gives FRAND fans exactly what the want: the ability to lock out GPLv2 code - still the bulk of the free software world - while complying with EIFv2.


Well, not everyone agrees with this assessment (there are many remarks in Identi.ca) and it's claimed by a Red Hat employee that BSA and Microsoft are upset about this outcome. For some more background see:

  1. European Open Source Software Workgroup a Total Scam: Hijacked and Subverted by Microsoft et al
  2. Microsoft's AstroTurfing, Twitter, Waggener Edstrom, and Jonathan Zuck
  3. Does the European Commission Harbour a Destruction of Free/Open Source Software Workgroup?
  4. The Illusion of Transparency at the European Parliament/Commission (on Microsoft)
  5. 2 Months and No Disclosure from the European Parliament
  6. After 3 Months, Europe Lets Microsoft-Influenced EU Panel be Seen
  7. Formal Complaint Against European Commission for Harbouring Microsoft Lobbyists
  8. 'European' Software Strategy Published, Written by Lobbyists and Multinationals
  9. Microsoft Uses Inside Influence to Grab Control, Redefine “Open Source”
  10. With Friends Like These, Who Needs Microsoft?
  11. European Interoperability Framework (EIF) Corrupted by Microsoft et al, Its Lobbyists
  12. Orwellian EIF, Fake Open Source, and Security Implications
  13. No Sense of Shame Left at Microsoft
  14. Lobbying Leads to Protest -- the FFII and the FSFE Rise in Opposition to Subverted EIF
  15. IBM and Open Forum Europe Address European Interoperability Framework (EIF) Fiasco
  16. EIF Scrutinised, ODF Evolves, and Microsoft's OOXML “Lies” Lead to Backlash from Danish Standards Committee
  17. Complaints About Perverted EIF Continue to Pile Up
  18. More Complaints About EIFv2 Abuse and Free Software FUD from General Electric (GE)
  19. Patents Roundup: Copyrighted SQL Queries, Microsoft Alliance with Company That Attacks F/OSS with Software Patents, Peer-to-Patent in Australia
  20. Microsoft Under Fire: Open Source Software Thematic Group Complains About EIFv2 Subversion, NHS Software Supplier Under Criminal Investigation
  21. British MEP Responds to Microsoft Lobby Against EIFv2; Microsoft's Visible Technologies Infiltrates/Derails Forums Too
  22. Patents Roundup: Escalations in Europe, SAP Pretense, CCIA Goes Wrong, and IETF Opens Up
  23. Patents Roundup: Several Defeats for Bad Types of Patents, Apple Risks Embargo, and Microsoft Lobbies Europe Intensely
  24. Europeans Asked to Stop Microsoft's Subversion of EIFv2 (European Interoperability Framework Version 2)
  25. Former Member of European Parliament Describes Microsoft “Coup in Process” in the European Commission
  26. Microsoft's Battle to Consume -- Not Obliterate -- Open Source
  27. Patents Roundup: David Hammerstein on Microsoft Lobbying in Europe; Harrison Targets Lobbying on Software Patents in New Zealand, Justice Stevens Leaves SCOTUS
  28. Oracle Doesn't “Go Bananas Over EIF 2.0” Being Subverted by Microsoft and Friends
  29. Inaction From Ombudsman/EU Commission Regarding Microsoft Lobbyists Derailing Public Policy
  30. The Difference Between Florian Müller and Hugo Lueders (Pro-Microsoft Lobbyists)
  31. BSA, ACT, and Other Microsoft Front Groups Still Try to Shoot Down EIF in Europe While Promoting Software Patents
  32. Free Software Proponents Expose the Microsoft-Funded (F)RAND Lobbyists and Their Lies, Microsoft to Lobby Directly in SOSOCON 2010
  33. Battling the BSA Hydra - Interpretation and Spanish Translation


The head of the FSFE responded to the EIFv2 on various occasions and then wrote about it in his blog:

Yesterday, the European Commission finally published the new version of the European Interoperability Framework [pdf]. We at FSFE have been working on this document for a long time. When it was published yesterday, we gave it a welcome despite some reservations.

Glyn Moody points out a number of weak spots in the new document. Actually, I’m concerned about many of the same points as he is. Still, I don’t agree with his judgement that EIFv2 is a “great defeat”. The document would certainly have been a lot worse without the hard work of FSFE and others. Even though it leaves some key issues open, it represents some progress.

Whether to welcome EIFv2 or not is a question of what you take as a baseline for comparison, and if you view the document isolated or in context. A lot will also depend on how the EIF is implemented.

But let’s take the issues in turn.


His conclusion:

So what we have now is a strategy statement, without the level of detail that made EIFv1 such a useful document. But this strategy generally goes in the right direction, and it’s much more powerful than before, thanks to its official status. I’m guessing that the change we’ll see across Europe will be slow, but that it will be continuous and very broad. EIFv1 provided a rallying point for those member states and public bodies that were interested in Free Software and Open Standards. EIFv2 is a general push for everyone to use more Open Standards, even though it contains generous get-out clauses.

On the whole, we welcome EIFv2. It’s not everything we wished for, but it’s far better than we feared. We’ll watch its implementation very carefully, and will nudge it along where necessary.


Here is a page in question and related feedback from the FSFE:



Mark Bohannon, the Vice President of Corporate Affairs and Global Public Policy at Red Hat, says in a Red Hat-owned site that "European Interoperability Framework supports openness" and to quote the ending:

Is the new EIF perfect? No. Due to heavy lobbying by vested proprietary technology interests, some key sections of the EIF have been made confusing (indeed, the definition of 'open standards' has been watered down from the 2004 version and no longer includes the requirement of being 'royalty-free'). The definition of “open” standards or specifications remains a matter of some contention in the IT industry. An example of a more accurate definition of open standards can be found in the recently released India Standards Policy for E-Governance, which specifies that intellectual property should be licensed royalty-free and that any required specifications should be technology-neutral.

While the new definition does not give the open source and open standards community all it would have wished for, and some will certainly criticize the result, the EU's policy should still be applauded as an overall statement in favor of openness. At its heart is a reaffirmation of openness and the recognition that open source is not only a key element of – but also a growing factor in -- Europe's IT agenda.

Red Hat and the open source and open standards community will continue to work for royalty free IPR licensing policies that level the playing field and promote consumer choice. Given this latest announcement in EU policy, the open source and open standards community will have to be vigilant to ensure that this policy is implemented in a meaningful way and achieves its true goal: interoperability, vendor choice, portability, collaborative innovation and competition in providing products and services.


Simon Phipps' comments can be found in Identi.ca but also in his blog summaries, e.g.:

Landmark publication of the European Interoperability Framework by the European Commission. Of course, this is only guidance, and the political context is very complex as evidenced by the language around “FRAND” and patents. Let’s see if they can stick to this better than they can stick to their own procurement guidelines.

[...]

As if to provide caution for those welcoming the EIF publication, FSF Europe continues its very rational and well-argued assault on the European Commission’s failure to follow its own rules.


All in all, there is no consent here. There appears to be agreement that the EIFv2 could be better, some F/OSS advocates are reasonably satisfied, but RAND still managed to find its way into EIF. In a way, the mobbyists and lobbyists got their way.

Comments

Recent Techrights' Posts

Debian Can Dump Blind Users Because I am Not Blind
the sort of mentality we're up against
The European Patent Office Cannot Attract Proficient Patent Examiners Who Master Their Domain
They are enablers and facilitators of corruption
 
linuxconfig.org Joins linuxtechlab.com and Others, Becomes a Slopfarm With Fake Linux 'Articles' (LLM Slop)
They contain "linux" in their domain names, but they are just slopfarms
Links 19/07/2025: Microsoft Cuts in China and Wall Street Journal Sued for Reporting on Jeffrey Epstein
Links for the day
Fascistic Policies Got 'Normalised' in 'Public Office'. Let's Not Let the Same Happen in 'Tech'.
Political discourse typically guides what's "normal" and what "good citizens" should believe/feel
Yes, Your Mastodon Instance Will Also Shut Down
Few people run a one-person instance in the Fediverse
The Demise of GAFAM Necessitates Greater and Broader Awareness
Morale at Microsoft is really bad
Free Software Foundation Reaches 75% of Funding Goal
Not bad for this "Fosschild"
Slopwatch: 7 New Examples of Fake 'Linux' Slop Pieces (Plagiarism With Misinformation)
Serial Sloppers need to be shunned
Links 19/07/2025: Kapo-berg Settles, Software Patents Challenged
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 18, 2025
IRC logs for Friday, July 18, 2025
Links 18/07/2025: Peace With PKK and Connie Francis Dies
Links for the day
Gemini Links 18/07/2025: Alhena 5.1.8 and Bornhack 2025
Links for the day
How to Top Up a "Limited Liability" With Even More Limitations (Dodging Accountability in the UK)
Some people call it a "shell game". Sometimes it's done for tax evasion purposes.
Free Software Foundation, Inc. (FSF) Inches Towards 75% of Fund-Raising Target
Will the cutoff date be extended again?
Gemini Space (or Geminispace) Grows, But Usage of Certificate Authority Let's Encrypt Drops Further
Ideally, all Gemini capsules should use self-signed certificates
Links 18/07/2025: More Microsoft Layoffs in Activision, The New Stack (Sponsored by Microsoft) Complains About Openwashing
Links for the day
Gemini Links 18/07/2025: OCC25 Gnus for Reading Usenet and RSS Feeds, Small Web Updates
Links for the day
[Meme] 9AM Meeting at Brett Wilson LLP
Brett Wilson LLP in space
Listing as Staff People Who Left the Company More Than Six Years Earlier
There are apparently no laws against that
Brian Fagioli Shovels Up LLM Slop (Plagiarism) Onto Slashdot, Then Uses Slashdot for Affirmation or as Badge of Honour
Notice how some of his latest slop is presented ("as featured on Slashdot")
Social Control Media Productivity
Snapping photos of the bone
The Law Firm SLAPPing Us For the Microsofters Lost 72% of Its Tangible Assets in the Past Year, According to Its Own Reports
That might help explain why they're willing to tolerate serial stranglers from Microsoft as clients
Slopwatch: LinuxSecurity.com Slopfarm and Slopfarms Propped Up by Google News
"As LLM slop is foisted onto the WWW in place of knowledge and real content, it now gets ingested and processed by other LLMs, creating a sort of ouroboros of crap."
Links 18/07/2025: Weather Events and Health Hazards
Links for the day
Microsoft's All-Time Low in Finland
Microsoft is in a freefall
Security: Shane Wegner & Debian statement of incompetence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 17, 2025
IRC logs for Thursday, July 17, 2025
Gemini Links 17/07/2025: "Goodreads for Gemini" and Defence of "The Small Web"
Links for the day
Links 17/07/2025: Anger and Morale Issues at Microsoft, Wars and Conflicts Get Digital
Links for the day
CALEA / CALEA2 is the Real Problem, Not Chinese Operatives Exploiting CALEA / CALEA2 (as Any Other Nation Can)
CALEA / CALEA2 is more of a front door than a back door
99.99% Uptime in First Half of 2025
Since January there was only one noticeable outage
Nils Torvalds and Anna "Mikke" Torvalds (née Törnqvis) Hopefully Use GNU/Linux by Now
"Torvalds Family Uses Windows, Not Linus’ Linux"
Attack of the Slopfarms
FUD-amplifying bots with slop images, slop text (LLM slop)
When People Call a Best/Close Friend of Bill Gates a "Serial Rapist"
Good thing that the Linux Foundation keeps the "Linux" trademark ("Linux Mark") clean
Not My Problem, I Don't Care
Context/inspiration: Martin Niemöller
Honest Journalism About the European Patent Office Ceased to Exist After SLAPPs and Bribes to the Media
The EPO is basically a Mafia
Microsoft Bankruptcy in Russia, Shutdown in Pakistan, What Next?
It seems possible that in 2025 alone Microsoft will have laid off over 50,000 workers
Life Became Simpler When I Stopped Driving and I Don't Miss Driving When I See "Modern" Cars
Gee, wonder why car sales have plummeted...
Why I Believe Brett Wilson LLP and Its Microsoft Clients Are All Toast
So far our legal strategy has worked perfectly
EPO Jobs Are Very Toxic and Bad for One's Health
Health first, not monopolies
Response to Ryo Suwito Regarding the Four Freedoms
the point of life isn't to make more money
Microsoft's Morale Circling Down the Drain
Or gutter, toilet etc.
What Matters More Than "Market Share"
The goal is freedom, not "market share"
Tech Used to be Fun. To Many of Us It's Still Fun.
You can just watch it from afar and make fun of it all
Links 17/07/2025: "Blog Identity Crisis" and Openwashing by Nvidia
Links for the day
Greffiers and the US Attorney of the Serial Strangler From Microsoft
The lawsuit can help expose extensive corruption in the American court system as well
Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
The People Who Promoted systemd in Debian Also Promote Wayland
This is not politics
UK Media Under Threat: Cannot Report on Data Breach, Cannot Report on Microsoft Staff Strangling Women
The story of super injunction (in the British media this week, years late)
Victims of the Serial Strangler From Microsoft, Alex Balabhadra Graveley, Wanted to Sue Him But Lacked the Funds (He Attacked Their Finances)
Having spoken to victims of the Serial Strangler From Microsoft
Links 17/07/2025: Science, Hardware, and Censorship
Links for the day
Gemini Links 17/07/2025: Staying in the "Small Web" and Back on ICQ
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 16, 2025
IRC logs for Wednesday, July 16, 2025