Bonum Certa Men Certa

Spain Trashes FRAND (Software Patents Tax), Microsoft Lobby Keeps Promoting FRAND

Flags of EU and Spain



Summary: FRAND wars as fought by politicians and by monopolists with their lobbyists

THE other week in Twitter we saw some claims that Spain had buried FRAND. Some people who can read Spanish said so, but we could not corroborate. Here is just one example:



Open Standard, according to Spanish law http://ur1.ca/atsfv (page 17) Public and freely available, not subject to royalties of any kind


Spain also opposed the unitary patent [1, 2], so for the country to dodge FRAND like the UK did [1, 2] would simply make sense.

The FRAND (e.g. MPEG tax,)lobbyist hired by proprietary software companies is unsurprisingly doing all he can to promote FRAND. After all, he is paid to promote it. Yes, Microsoft Florian, who was hired by patent thugs from Microsoft, is spreading more smears and lies. From a rebuttal:



So far, we are unaware of any credible allegations of ‘extortion’ having been made against any Korean companies, or of any diplomatic repercussions, or indeed of any impact on the US presidential race now drawing to a conclusion!

However, this week we have come into possession of a full English translation of the Media Report issued by the Seoul Court on 24 August in relation to its ruling on the Samsung patents, and we have to say it makes very interesting reading, with none of the hallmarks you might expect of a document issued by a ‘rogue state’.


Nilay Patel, who previously gave a platform to Microsoft Florian, is giving a platform to the patent terrorists at Microsoft -- those who pay Florian to plant their spin and lies in the media (they proxify the unethical mass-mailing). To quote Microsoft: "We certainly care. We care a great deal about the ability to have protection on software and software-related patents, and so we certainly see quite a bit of the discussion around software patents. We take that very seriously."

This is why they are lobbying for software patents (or loopholes like FRAND) all around the world and then using these to tax Linux:

Microsoft has begun the long process of phasing out the FAT (File Allocation Table) filesystem and replacing it with exFAT, signing agreements with five hardware vendors to licence the format for use in peripheral devices.

First introduced in 1977 as an eight-bit storage format for Microsoft's BASIC language, the format received its last serious upgrade in 1996 with the launch of FAT32 as part of Windows 95 OEM Service Release 2 (OSR2.) Designed to extend the existing FAT16 format, FAT32 expanded the possible size of a partition on a hard drive from 2GB to 16TB but retained a file size limit that meant no single file could be larger than 4GB. While extensions to the format, including the open FAT+ standard, attempted to extend this to 256GB per file, few gained commercial traction in mainstream operating systems.


Tuxera helps this agenda. It is a loophole for software patents, especially where these patents are not allowed. Hopefully the new British and Spanish policies can push back against it.

It sure seems, based on what Dr. Moody is saying, like FRAND is on its way out.

Last week's big announcement by the UK government was principally about procurement, detailing the new rules that will apply when government departments acquire software. Naturally, then, it concentrated on the details of that approach, and how it would be deployed and enforced. A key part of that was using open standards to create a level playing field for all companies, regardless of whether they offered open source or proprietary code.

As I explained in my post last week, the critical issue then became what exactly "open standards" meant, and, specifically, how standards that might be encumbered by patents would be dealt with. As I've noted many times before, the only way open source can implement general interoperability standards is if any claimed patents are licensed under royalty/restriction-free (RF) terms. Although that's the preferred mode for key Internet organisations like the W3C, it stands in contrast to the older approach, which was based on "fair, reasonable and non-discriminatory" - FRAND.


FRAND is also being used by apple, mainly against Android [1, 2]. We'll focus on Apple tomorrow. 4 articles about Apple are being drafted.

Recent Techrights' Posts

Legal Letters Are Not Postcards
It seems like intimidation, nothing more
 
IAM Magazine is in Effect Dead, It's Now Fused Into Microsoft's Patent Troll (Which It Has Promoted All Along)
Microsoft-connected patent trolls in Europe [...] Now, in his new job, Wild can use his 'expertise' to help guide blackmail/extortion to better harm Europe's industry
A Huge Proportion of 'Articles' in The Register MS Are Actually Paid Spam of the Communist Party of China, Selling Compromised (for Wiretapping) Technology
The Register MS is having a go at becoming a marketing company or "B2B"
Top Officials Have Just Left Microsoft, Layoffs in Anything But Name
Microsoft's debt is very fast-growing
Local Staff Committee The Hague (LSCTH) Meets "Alicante Mafia" at the European Patent Office (EPO)
Report on meeting with VP1 and his team on 21 April 2026
UbuntuPit (ubuntupit.com) Has Deleted Slop Pages, Its Slopfarm Experiment Has Failed (Like Always!)
Turning one's site into a slopfarm is a death knell
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 23, 2026
IRC logs for Saturday, May 23, 2026
The "Next Big" Bonus for IBM's CEO Apparently Comes From American Taxpayers While Veteran IBMers Are PIP'd and RA'd (Laid Off)
the next big thing will be the CEO's bonus
Links 23/05/2026: Starbucks Scraps Disastrous Slopfest, Colbert’s Final ‘Late Show’
Links for the day
Gemini Links 23/05/2026: Poetry, Hobbies, ROOPHLOCH, and More
Links for the day
Government Bailouts Won't be Enough to Save IBM
Bailouts from taxpayers in the US
Links 23/05/2026: Social Media Bans and Demise of Userbase of LLM Chatbots
Links for the day
SLAPP Censorship - Part 85 Out of 200: The United Kingdom's Rating for Press Freedom Has Improved, But We Can Do Even Better
we see the US at #64
Sites Realise That Becoming More Active by Using Bots (LLM Slop) is Self-Destructive
We'll soon (maybe next year) also show that some of the 85+ KG of legal papers sent our way are computer-generated garbage, which might run afoul of some rules
European Patent Office (EPO) Strikes Persist, EPO Management Tries to Give False Impression of "Happy Staff"
EPO is trying to broadcast to the world a totally phony image of itself
Gemini Links 23/05/2026: Patience, LLM Chatbts Being Bad, and Unexpected Computer Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 22, 2026
IRC logs for Friday, May 22, 2026
Links 22/05/2026: Ebola Crisis and Samsung Averts a Walkout With Big Bonuses
Links for the day
The End of FOSSPost (fosspost.org), It Has become an LLM Slopfarm Like FOSSLinux
These sites will never get lucky with slop. These experiments always end badly.
Links 22/05/2026: Inflation Fears and Thailand Tightens Visa Rules for Tourists From Dozens of Nations
Links for the day
EPO Staff Representation Speaks of This Week's Discussion With the EPO's Budget and Finance Committee (BFC) Amid Mass Strikes
The Central Staff Committee's outline (prepared in a rush) or the "flash report"
SLAPP Censorship - Part 84 Out of 200: New Legislation Against SLAPPs on the Way (After We Reached Out to Ministers)
They dealt with the matter individually too, but we won't share this in public, at least not at this time
The Corrupt Lecture the Non-Corrupt - Part XXX - Where Was "The Ethics and Compliance Team" When the Family of EPO President Campinos Was Caught Doing Cocaine?
It remains to be seen if national delegates will tolerate this in future meetings
Gemini Links 22/05/2026: Esperanto Music History, Suspicious Adoption of Signal, and Unauthorised LLM Slop in Code
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 21, 2026
IRC logs for Thursday, May 21, 2026