Bonum Certa Men Certa

FOSSPatents Conference is Against FOSS, Promoting the FOSS-Hostile Construct Known as RAND or FRAND

FOSSPatents Conference. Did you really think it's about FOSS?



Summary: Do not be misled by the term Free/Open Source software (FOSS) in the name FOSSPatents and whatever relates to it (e.g. FOSSPatents Conference); it's not about FOSS but against FOSS, or pro-FRAND

THE previous post ended with a tweet. As Benjamin Henrion put it the other day: "UPC rules of procedure also mention proportionality. Like bifurcation, rules of procedure should be made by legislators under art6 ECHR"



Henrion posted this while attending an event organised by another software professional, a longtime opponent of software patents and the UPC (those two things are closely related). I've long criticised this event (even before it took place), seeing what front groups were attending and speaking alongside Bristows. The event promotes the false concepts of “FRAND” and “FOSS patents” (no such thing). It welcomes litigation fanatics. "No idea why he chose to do this," I said, "but I can guess…"

He has repeatedly replied to me; the organiser and I have agreed and disagreed on a lot of things over the years. Here's Henrion stating: "Yesterday's Fosspatents conference was pretty much "trolls trolls trolls" with many more companies being attacked. Software patent warming is happening..."

That's an old term.

"FLOSS still absent from the conference of today," he said, "who is "all" if the developer doing the hard work of writing code is not even mentioned..."

"Yes," I responded, as "the program itself showed that Fosspatents was all about patents and not at all about FOSS (let alone anything tech)..."

"FRAND" is 4 (or 5) lies in a row, compacted into an acronym that sounds like "FRIEND". As one person put it: "Of course. Commons law. ...but FRAND used to mean Free Rand = RAND-0. Then they said FRAND = Fair RAND. No one could explain the difference between FRAND and RAND. It is not fair and unreasonable discriminates open source implementations. What a waste..."

RAND or FRAND or fancy 'lego puzzle' with these lies as letters ("reasonable", "nondiscriminatory", "fair"...) won't change the fact that they're designed to put gloss on monopoly. They reinforce the concept of patent tax on everything. It is almost depressing and going back to the UPC, high-profile 'FRAND' cases already target British courts, looking to tax the whole public through satellite patent trolls. If they got the UPC, the outcome of such court cases would impact hundreds of millions of people, not just tens of millions. So we know who stands to gain from the UPC.

We've found some particular tweets (with photographs) from Henrion informative. He focused on the detrimental effect, e.g. in



Of particular interest to our longtime readers is this couple/pair of tweets [1, 2]: "Antitrust law has abolished competition by installing barriers such as patents, for example in the 2007 Microsoft case http://blog.ffii.org/microsoft-will-trump-eu-competition-ruling-with-patents/"

To this date, Microsoft continues to leverage FRAND to impose software patents everywhere and blackmail everyone. Some other tweets speak of the origins of this term, "RAND", which we've used here since 2007 if not 2006. It was always (all along) a deliberate attack on FOSS/FLOSS. Microsoft knew all along that it wasn't compatible; hence it used front groups such as BSA to lobby for it.

Jake Hamby, who worked for Danger (then Microsoft) and later Google (Android), told me regarding the shock of awful patent quality: "Well, I wouldn't, considering the sketchy Microsoft patents I tried to help Google's lawyers defend against with Android. They milked those mobile OS patents for an entire decade. I'd love to know which companies are still paying them and how much per device."

Microsoft is still suing over it, e.g. Foxconn earlier this years. The underlying patents may all be bogus, more so after Alice -- a subject that the EFF has just brought up again [1]. We hope that Mr. "FOSSPatents" isn't taking Microsoft money again (as he did before) to promote FRAND.

Related/contextual items from the news:


  1. Alice Doesn’t Block Good Patents, It Protects the Public By Requiring Real Invention

    Leaders of the Senate IP Subcommittee have been working, for nearly a year now, on producing some kind of legislation to weaken Section 101 of the Patent Act. Their proposal would throw out all the case law based on Section 101, including the Alice decision, which has been especially critical for keeping bogus software patents out of the system.

    They held three days of hearings on the Senate floor in June, but still haven’t presented a bill detailing the changes they want to make. € As we’ve explained before, weakening Section 101’s protections would be a disaster for innovation, and encourage patent trolls to squeeze money from small businesses.



Recent Techrights' Posts

Plagiarism is Hardly a New Problem, It Predates Mainstream Media Getting Paid to Whitewash It as "Training" or "Hey Hi", Then Conflate Plagiarism With "Intelligence" or Deferred "Value"
"Quantum" isn't new either; it's a 'circle-jerk' for companies without direction, only hype
Unsafe at Any Speed, "Modern" Appliances
Appliances have gotten worse
 
linuxstans.com Died, Then Came Back as Slop (LLM Junk)
Don't make the mistake or the assumption that merely 'dabbling in' or 'experimenting with' LLMs can be forgivable as it is a trust destroyer
Links 09/09/2026: GAFAM Fatalities in Miami International Airport, "Britain’s Health Crisis Is Becoming a Political Crisis"
Links for the day
Gemini Links 09/09/2026: "Adjective Is Subjective" and Walled Gardens
Links for the day
Links 09/09/2026: Airport 'Down' (Glasgow and Edinburgh), 'Open' 'AI' Losses Rise to Pace of 50 Billion Dollars in Losses Per Year
Links for the day
SLAPP Censorship - Part 176 Out of 200: The Sex-Obsessed Non-Experts
We heard some sexual stories
European Patent Office (EPO): No Transparency and No Paper Trail
The incompetence is that of the management, i.e. sheer incompetence of people who never examined a patent in their entire lifetime
Gemini Links 09/09/2026: Going Out, Smartphone Addiction, Mapping the Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 08, 2026
IRC logs for Tuesday, September 08, 2026
Linux is Sabotaged by Botspam and Bloat (de Facto Denial of Service Attack in "Intelligence" Clothing After Rust in "Security" Clothing)
Linux is becoming orphaned, devalued and diluted by GAFAM slop
Switzerland No Longer Wants Microsoft's 'Swiss Cheese' (Back Doors)
Switzerland's patience with Microsoft is wearing thin
Debian is Not a Community, Many Debian Developers Work for Large Companies Including GAFAM (US)
"Community" sounds like friendship and amicability
Links 08/09/2026: Slop Companies Attack Some More Sites, Nvidia Bribes 'Linux' Foundation for Some More Openwashing and for Saying Slop is "Secure"
Links for the day
Gemini Links 08/09/2026: Ultra Introverts, BlackBerry Bold in 2026, and Laughing at LLMs
Links for the day
Microsoft Layoffs in October 2026
Microsoft is a market leader. In NDAs.
Links 08/09/2026: "The Green Revolution Has Failed Africa" and Palantir/Microsoft Harming NHS
Links for the day
Microsoft's Silent Layoffs Are the New Normal at Microsoft
Microsoft has a ton of layoffs all the time, but the media isn't mentioning those as no WARN notices get issued
SLAPP Censorship - Part 175 Out of 200: Implicit and Explicit Coalition Against the UK's SLAPP Industry
SRA recognises the problem
Further Transparency Problems at the EPO
The EPO was never meant to be profitable
Gemini Links 08/09/2026: "Everything Must Go", Announcing Perigee, and Presentations in a Browser
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 07, 2026
IRC logs for Monday, September 07, 2026
Alleged Manager at IBM Says "[t]here are likely to be a lot (and I meant, A LOT) of RAs before December."
"We’re getting pressure from above to put some team members on PIPs."
Links 07/09/2026: Amazon Cargo Plane Crash, .org/.net/.com Domains Considered Risky
Links for the day
Gemini Links 07/09/2026: Cheese, Text-based Life, and Icons in Swaybar
Links for the day
Freedom, Not Fame, is His Goal
pursuit of money can be not only tiring but also involve abandoning one's freedom
Links 07/09/2026: Slop Trashes Memory of Parton, Flock Surveillance Infuriates Everyone
Links for the day
Getting Better After 20 Years
Exactly two months from now this site is turning 20
EPO Hiding Cocainegate and Abandoning Transparency (Even Access to Very Basic Information is Denied)
The EPO isn't just becoming like a private for-profit corporation. It's also becoming more secretive.
Richard Stallman Has Resurrected Lost Updates
We didn't ask about it
SLAPP Censorship - Part 174 Out of 200: Cascading Scandals and a Path Towards Much-Needed, Long-Awaited Reform
Reform the UK's law, not "Reform UK"
EPO's Gema Requena Sempere (PD People) Contacted Regarding Children With Disabilities
In the coming week we may be in fruitful contact with some media regarding EPO scandals
Over at Tux Machines...
GNU/Linux news for the past day
Gemini Links 07/09/2026: Music Composition, Free Stuff, and Self-hosting Git Repos
Links for the day
IRC Proceedings: Sunday, September 06, 2026
IRC logs for Sunday, September 06, 2026