Bonum Certa Men Certa

Government Procurement Should Exclude Patents-riddled 'Standards'

Australian money



Summary: Patent tax not acceptable where public territories are concerned, but officials need to revise existing rules

Procurement issues have been covered by Simon Phipps for quite a few years, even back when he worked for Sun Microsystems. In his newest article he writes about the use of patents to discriminate against Free/open source software, starting with: [via]



All over the world, I encounter both governments and countries claiming they have a policy permitting or even favouring open source software. yet when you actually look at what they are doing, you find that there's still a huge amount of proprietary software being procured.

A policy alone is not enough. To implement it, legacy procurement rules have to be changed, especially in government. Procurement rules evolve over time in the light of experience, and gradually accrete into a sizeable corpus that is inflexible by design. While these rules may provide both protection and value for procurement of products and services the enterprise has seen before, they typically discriminate against new approaches, which are the "friendly fire" casualties of unintended and unforeseen consequences. Legacy procurement rules stifle innovation.

One of the most common problems that legacy procurement rules cause is in the area of requiring indemnity for software. Procurement rules usually ask for substantial penalties to be associated with promises that the software doesn't contain any misappropriated copyright, abuses no trademarks, and does not knowingly infringe any patents.

[...]

This is one of the key problems that needs to be fixed if you intend to move your enterprise to favour open source software. It's not enough just to say you do; you'll need to fix your procurement rules so open source software can get through your defences.


The point to be made here is also that patents (and copyrights) play a role in discriminating against Free/open source software, whether deliberately or not. It relates quite nicely to the atrocious news from Australia [1, 2, 3, 4], where Microsoft proprietary and patents-encumbered formats were chosen over ODF by a suit with Microsoft business history. Watch them trying to deny "Microsoft bias" when approached by an Australian journalist who is investigative and consistently in favour of software freedom:

AGIMO’s policy requires government agencies to support the Office Open XML file format/ECMA-376 standard promoted by Microsoft, which most alternative office suites cannot write documents in. The ODF Alliance, which is supporting a rival format, claimed last year the Office Open XML format was riddled with “Windows-platform dependencies” (PDF) and essentially tied users to Microsoft Office, and some organisations, such as the National Archives of Australia, have picked the ODF standard instead in the long-term.

However, AGIMO stated there was no software bias in the choice.

[...]

One of the common complaints of workers in large organisations is that they are unable to gain access to install applications on their desktop PCs, leading to a frustration at work as they may be unable to use the applications which they are used to, or prefer to do their work more efficiently. An example would be the way that many people use web browsers with heavily customised extensions.


Microsoft cronies in the Australian government are embarrassing the entire country, which is being watched by the entire world over this scandal.

Recent Techrights' Posts

Mobbing at the European Patent Office (EPO) - Part V - Strongest Strike Under António Campinos
SUEPO Munich is also reminding people of the threat of PIPs
GNU/Linux May Have Grown to 7% in Equatorial Guinea
Has there been some kind of mass migration there or is this just noise in the data?
 
Microslop is Slop, Slop is Considered "Quality"
no wonder Microsoft's stuff breaks down so often
thelayoff.com Deletes On-Topic Discussions (Layoffs) While Leaving in Tact Pro-Corporate Trolling Made by LLMs (Slop)
Who at thelayoff.com deems spam made by LLMs (slop) to be on-topic and unworthy of zapping, whereas actually on-topic and authentic threads get routinely deleted?
The Solicitors Regulation Authority (SRA) Delusion - Part IV - Machos in Charge of the House (and System), Even If the Faces Are Female (Optics)
basically a Windows/Microsoft (US) shop
Gemini Links 09/02/2026: Great Salt Lake Ecological Observatory and Offpunk 3.0 "A Community is Born" Release
Links for the day
Links 09/02/2026: Mass Plagiarism and Pollution/FakeCoin Company Nvidia Contacted Anna’s Archives, Narges Mohammadi Gets Second Prison Sentence
Links for the day
Links 09/02/2026: Russia Intentionally Killing Civilians, Jimmy Lai Effectively Sentenced for Life for Publishing News
Links for the day
Microsoft Competitions, Addictions, and Popularity Contests Are Not Going to Help Perl, They'll Waste Everybody's Time and Give Microsoft More Control Over Its Competition
Microsoft does not like Perl
A Can of WORMS - Part IV - They Would Even Attack RMS for Criticising Autocrats (Saying This is "Politics")
Conforming to society's perceived expectations isn't how effective activism can ever be done or was ever done in the recent past
Gemini Links 09/02/2026: The Exploration Myth and Making JavaScript Fun
Links for the day
EPO Outrage and Maintaining the Pressure
A vending machine does not fall over after a first push
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 08, 2026
IRC logs for Sunday, February 08, 2026
"Low Performer" and "Underperformer" as Harmful Misnomers That Damage a Company's Reputation
Misnomers need to be avoided or called out
Expensive errors: Forbes Gold price, $44 billion Bitcoin given away by Bithumb, South Korea
Reprinted with permission from Daniel Pocock
Links 08/02/2026: Microsoft OSI (Openwashing Lobby) in Europe, Raised Against Social Control Media Provocateurs in EU
Links for the day
The Open Source Initiative (OSI) Lobbies for Microsoft in the EU, Promoting Proprietary Lock-in
OSI pushing and selling Microsoft and GitHub. OSI is Microsoft front group.
Getting the European Court of Justice to Annul the Illegal and Unconstitutional Unified Patent Kangaroo Court (UPC)
We're still working on it
Finland's Dependence on GAFAM (US) Needs to be Lessened, EU Must Follow This Path
It's unwise to make one's entire national infrastructure (computer systems) dependent on a regime which compares its black citizens to monkeys and assassinates nonviolent dissenters
Links 08/02/2026: Microsoft GitHub as Burden on Developers and "The Chomsky Epstein Files"
Links for the day
Gemini Links 08/02/2026: "Doing Not Much Tweaking" and "Reclaiming Digital Agency"
Links for the day
Forbes: BitCoin, Cryptocurrency pages removed from investment database, links stop working
Reprinted with permission from Daniel Pocock
Bitcoin warning followed immediately by network outage
Reprinted with permission from Daniel Pocock
Money Funneled to Protection of Software Freedom, But Nothing Really Lost
Crossposted from personal site
They Tell Us Slop Replaces Workers, But the Reality Is, US Debt Has Surged 2,300 Billion Dollars in Six Months (the Economy is Collapsing)
Oligarchy already entertains the option of running away to (or colonising) some other planet without pitchforks and "unwashed masses"
Mozilla Firefox Sinks to Just 1.5% in the United States
According to analytics.usa.gov
We're Still Fast
The site is even faster than the BBC's despite being on shoestring budget with only a small technical team
Gemini Protocol is Not a Waste of Time of Effort
We see more and more GNU/Linux- or BSD-focused bloggers turning to Gemini
Our Gemini Protocol Support Turns 5 Today
today is a rare anniversary for us
In Today's World, One Must be Tough and Principled to Get Ahead Morally
But not financially (sellouts)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 07, 2026
IRC logs for Saturday, February 07, 2026
The Right Wing in the United States Does Not Support Free Speech, It Supports Its Own Speech
Free speech is often opposed by those who also oppose Free software
IRC is a Lot Better Than Social Control Media (They're Not the Same at All)
A good social analogy for IRC is, there are many buildings with a party in each building
Microsoft 'Open' 'AI' is 'Dead Meat'
Or 0xDEADBEEF as some geeks might call it
When Identifying "Low Performers" and "PIPs" Aren't About Improving Performance But Reinforcing a Clique in Your Company/Organisation
It's very troubling to see once-respectable brands like IBM and institutions like the EPO resorting to this
Slop and Flop (IBM), Slopfarms and Hybrids (Linuxiac)
Did Bobby Borisov assume he would never get caught?
Crowdfunding vs Bitcoins: donations are better investment than digital tulip mania
Reprinted with permission from Daniel Pocock
Links 07/02/2026: Misinformation by Slop, Overrated Slop Causes Stock Market Panic
Links for the day
Gemini Links 07/02/2026: Diode Function Generators and Panic Over Buzzwords and Slop
Links for the day
A Can of WORMS - Part III - Envying the Influence and Accomplishments of RMS, Socially Deleterious Attacks on Popular Movements
the actions are deliberate and coordinated, not some 'organic' or grassroots behaviour
Crisis teams assembled as financial regulators anticipate Bitcoin implosion
Reprinted with permission from Daniel Pocock
Reddit as a Hive of Trolls, Social Control Media Curated (Many Voices Censored and Banned) by Marketing Firm of GAFAM
Typical Reddit
The Solicitors Regulation Authority (SRA) Delusion - Part III - Women Failing Women to Help Violent Americans From Microsoft
Summed up, SRA will gladly prioritise the "legal industry" over women strangled, raped etc
The World Gets Smaller, as Does Its Real Economy ('Human Resources') and So-called 'Natural Resources' (What Humans Call the Planet)
Don't talk about "AI"
Converting FOSDEM Talk on Software Patents in Europe Into Formats That Work for "FOS" and Don't Have Software Patent Traps
transcoded version of the video
Links 07/02/2026: More White House Racism, "Europe Accuses TikTok of Addictive Design"
Links for the day
Silent Mass Layoffs: It's Not the Revolution, It's the Loophole and the Hack ("Low Performers" or "Underperformers")
Layoffs by another approach
Mark Shuttleworth (MS) Pays Salaries to Microsoft (MS) Employees
Canonical selling Microsoft
Links 07/02/2026: Windows TCO Rising, Lousy Patents Invalided
Links for the day
Microsoft Leadership: Stop Taxing Us, Tax Only Poor People
Does Microsoft create jobs?
Biggest "AI Companies" (Meta, Alphabet, Microsoft) Borrowed (Additional Debt) About $100,000,000,000 in a Year
Who will be held accountable for all this?
In Case You've Missed It (ICYMI), Google's Debt More Than Doubled in a Year
Wait till it "monetises" billions of GMail users with slop
In 2009 Microsoft Was Valued at ~150 Billion Dollars, Now They Tell Us Microsoft Lost ~1,000 Billion Dollars in Value. Does That Make Sense?
Or Microsoft lost 700 billion dollars in "value" in less than two weeks
PIPs and Silent Layoffs at IBM (and Red Hat) Still Going on, It's "Forever Layoffs" (to Skirt the WARN Act)
American workers out
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 06, 2026
IRC logs for Friday, February 06, 2026
Stressful Times for Team Campinos ("Alicante Mafia") at Europe's Second-Largest Institution
Keep pushing
Growing Discrimination in the European Patent Office (EPO)
it's a race to the bottom, basically
Google News Drowning in (or Actively Promoting) Slopfarms Again
LLM slop is a nuisance
Microsoft Stock Crashed When Alleged Vista 11 Numbers Disclosed
And last summer Microsoft indicated that it had lost 400 million Windows users
Gemini Links 07/02/2026: "Choosing a License for Literary Work" and "Social Media Is Not Social Networking (Anymore)"
Links for the day