Bonum Certa Men Certa

Red Hat and Oracle Respond to EIFv2, Microsoft Seemingly Plans More Patent Aggression

French lake



Summary: The European Interoperability Framework does not go far enough to serve as a bridge between free/libre applications and this helps Microsoft

THE question about software patents can determine winners and losers. It's a battle which takes place in the courts rather than the markets and it's not over yet. The most recent Red Hat USPTO/SCOTUS news helped show the company's great interest in the outcome and here is further news coverage of that:



A group of US companies including Red Hat, Yahoo, eBay, Electronic Arts, General Motors and HP, have joined together to challenge a recent ruling by the U.S. Court of Appeals for the Federal Circuit, which threatens to seriously exacerbate problems in the already highly controversial software patent system within the United States.

The group has filed a brief with the U.S. Supreme Court seeking correction of the standard for inducing patent infringement, relating to the case of Global-Tech Appliances, Inc v. SEB S.A. Under the existing ruling, the Court of Appeals held that organisations and individuals can be held liable and prosecuted for infringing patents of which they have no knowledge. It used a standard of “deliberate indifference,” which it then equated to negligence.

[...]

The Supreme Court challenge is likely to be scheduled for sometime this spring.


Red Hat employees have commented on EIFv2 (we've asked them for feedback and received some) and Red Hat's Mark Bohannon also put his output in Red Hat's official Web site. Yesterday we showed that he put it in another site (Spanish translation), unless Red Hat put it there for him.

Richard Adhikari writes about the subject for ECT and gathers comments from various stakeholders:

The European Union has announced public procurement rules for technology that appear to favor open source.

The European Interoperability Framework sets out interoperability standards to create a trusted information exchange between public administrations of member countries.

The EIF encourages open specifications for the framework.

Members of the Business Software Alliance, which offer proprietary software, are apparently contesting this provision.

The announcement of the EIF is the another step in a years-long process.

"The EU's work in this area has been going on since at least 2000, when OpenOffice.org was named as the preferred word processor for Denmark's government," Bill Roth, executive vice president at LogLogic, told LinuxInsider.

The European Parliament's press office did not respond to requests for comment by press time.


In "Trond's Opening Standard" (Oracle blog, not Oracle's statement though) it is asked whether EIFv2 is "a new beginning" and the opening goes like this:

The most controversial document in the history of the European Commission's IT policy is out. EIF is here, wrapped in the Communication "Towards interoperability for European public services", and including the new feature European Interoperability Strategy (EIS), arguably a higher strategic take on the same topic.

Leaving EIS aside for a moment, the EIF controversy has been around IPR, defining open standards and about the proper terminology around standardization deliverables. Today, as the document finally emerges, what is the verdict?


Let us remember that Oracle uses patents offensively, notably in the Oracle vs. Google case that Groklaw continues to cover.

Groklaw quotes a page which is no longer accessible at the old address but can still be found here. Citing this letter [PDF] it says that "[p]atents do not give protection to inventive small businesses because they are impossible to enforce" (not news).

"A false assumption is made that an SME holding a patent will have 'protection' for their related investment in R&D and any resultant innovation," the letter says.

This whole debate matters because the law is increasingly discriminatory in the sense that it discourages the small person with the small business. As Microsoft fails to make new products stick, it is turning further into the realms of patent trolling as white-collar racketeering company [1, 2, 3, 4, 5, 6, 7]. A new blog post titled "Microsoft patent chief: 2010 was a significant year of invention" led Groklaw to saying: "Uh oh. Writers call that foreshadowing. From the blog: "Patents will continue to play a key role in fostering technologies that enable interaction with people in new, unexpected ways. Our commitment to world-class creativity and invention in computer science and our R&D investment will enable Microsoft to continue setting the standard for patent quality in the technology industry." That means they want you to pay them."

To quote directly from the blog post:

...Microsoft Chief Patent Officer Bart Eppenauer notes in a blog post that 2010 will "go down in history as a significant year for creativity and invention at Microsoft."


When they say "invention" they means patents, which EIFv2 allows them to embed inside formats and protocols (e.g. OOXML and FAT, respectively), in order to marginalise software freedom and competition from the likes of Red Hat.

Related posts:

  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

Recent Techrights' Posts

Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
 
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day
Slopwatch: LLM Sloppers in Google News, LinuxSecurity, and More
they also perpetuate some falsehoods as the LLMs lack any comprehension
Links 08/08/2025: China King of Plastics and US Dictator Plans to Meet Russian Dictator
Links for the day
Gemini Links 08/08/2025: Cracking a Family Member's Password and Overdose of Slop
Links for the day
Red Hat's Latest Talent Hunt, Day Ahead of Mass Layoffs, is Yet Another Microsoft Executive
Red Hat will apparently commence mass layoffs early this coming Monday
Links 08/08/2025: "Quit Facebook" and High Cost of Microsoft/Windows Shown Again ("BlackSuit")
Links for the day
Good Morning, Readers of The Register MS
Things The Register MS could (but does not) cover this morning
Why Gemini Protocol Has a Bright Future
Maybe Gemini Protocol's promise becomes more appealing as the Web turns to slop and bloat
It's a Lot Easier to Participate in the Unethical System Than to Oppose Injustices in It
Going after powerful and high-budget interests is never easy
Microsofters Filed Two SLAPPs Against Us, Now They Cannot Keep Up With Judges' Orders
For over 4 months already their facilitator in London has been under investigation by British authorities because of what's being done to my wife and I
Censorship Regarding Red Hat Layoffs
Talk about this? They'd rather not.
Struggling to Cut Costs, Microsoft Continues Shutting Down and Cancelling Stuff This Month
There are August layoffs at Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 07, 2025
IRC logs for Thursday, August 07, 2025
Fake 'Linux' Articles, Written by Bots to Take Traffic Away From Real Articles
LLM slop helps replace information with junk or misinformation
When Google's Googlebombing of "Gemini" Was Not Enough; They Now Also Googlebomb "Gemini Space"?
We know GAFAM not only worries about Gemini Protocol but also attempts to 'infiltrate' Geminispace
The Register MS Promotes Microsoft Slop, Assumes All Readers Use Microsoft Windows
Microsoft really dominates the site
Gemini Links 08/08/2025: KDE/Qt Development and What's Missing From "Retro"
Links for the day
Links 07/08/2025: US Punishes India Instead of Russia, Attacks Law Firms to Prevent Scrutiny
Links for the day
Read Us in Geminispace as Well
it's definitely a lot simpler than using a Web browser
Once a Site About BSD and GNU/Linux, and After Months of Silence, LinuxBSDos.com Comes Back Only as a Slopfarm
very frustrating
Links 07/08/2025: Hardware Wars, Mass Recall of Colgate Total Clean Mint, More Microsoft Holes Found
Links for the day
Gemini Links 07/08/2025: "Right To Manage" and LoRa Analysis
Links for the day
For the First Time in a Month OSI's "OpenSource.org" Blogs and It's Basically a Microsoft Blog Post (Microsoft Controls OSI)
For the first time in a month OSI writes something and it is Microsoft propaganda composed by a Microsoft-salaried operative
Microsoft, Already Borrowing 3 Billion Dollars a Month, is Trying to Cause Many People to Resign
MSN (i.e. Microsoft) and others openly admit it
GAFAM 'Says' is Front Page "News"
The point of journalism is to check and assess facts, not parrot what people and companies merely claim
Links 07/08/2025: Apple Makes False Promises, More Trouble for Microsoft
Links for the day
OSS Didn't Always Mean Open Source Software
"oligarchs all the way down"
The Register MS Does More Microsoft Sez or GitHub Sez (Says) Pieces
60 minutes ago
They Want Activists to Just Barely Walk and Eat, Not Do Activism Anymore
It's sort of like the ending of '1984'
Quit Perpetuating the Narrative of Gemini Protocol 'Dying' (It's False)
The "whisper campaign" against Gemini Protocol
Criticising Social Control Media in Social Control Media
Many people are quitting Social Control Media (fewer of them announce this in public)
Non-Free JavaScript Programs in Banks Aren't Even the Biggest Problem
Technology was supposed to make life easier; in practice, however, for most of us the opposite effect can be observed
Slopfarms Are Typically Fake News
Slopfarms typically relay falsehoods
Gemini Links 06/08/2025: Replacing a Pocket Watch and Buying in Bulk
Links for the day
IBM is Obliterating Fedora
"Fedora releases were shipping with an increasing number of bugs on launch day even while I was using it for a several year stretch."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 06, 2025
IRC logs for Wednesday, August 06, 2025