Kids holding up graphics from Techrights (see context)
Summary: Microsoft FUD and other market abuses among the factors leading to anger and prominent action in India
THIS is not the first protest of its kind, but Muktware has announced yet another action which it precedes with: “Another problem with buying proprietary software is that the government agency is locked into that one company. The non-standard and incompatible technologies makes it impossible for governments to migrate to better or more advanced technologies like GNU/Linux.”
Meanwhile, adds another article from Muktware (echoing some of what Groklawcovered the other day), Microsoft was not eligible for government selection as it had lacked certifications. We will write more about security later today. Watch how this article begins:
I can’t forget the sentiments within the Indian IT industry when Microsoft, a company which doesn’t even disclose finacial results for India, accused one of the most reputed engineers of India – Prof Phatak — to be working against the interest of India. Why? Because he rejected Microsoft’s OOXML on technical grounds!
The company whose products cost billions or dollars in losses [read the SJVN link] every year due to uncountable security holes is now accusing Google of selling insecure products to the government.
Microsoft is well reputed for spreading FUD and launching proxy wars against free and open source technologies. Instead of competing in the market on the basis of better products Microsoft uses different routes, one of their favorite routes is spreading FUD.
It is well known that Microsoft has failed to mention which patents Linux infringes upon yet the company continues to bully Linux players to pay ransom using its FUD machine.
Microsoft uses against Google (as a services provider) the same tactics it uses against Linux and Android. It is not surprising. Microsoft has always been an empire of distortion and manipulation. It’s seen as profitable. Well, sometimes it’s time to get up and protest. █
Summary: OpenDocument Format (ODF) keeps spreading while OOXML shows patent complications
Somebody called ruslinux (in Twitter) writes: “Berita baik untuk semua pengguna program perkantoran, pemerintah akui OpenDocument Format sbg standar nasioal dg No. SNI ISO/IEC 26300:2011″
“Which I take to mean that ODF now approved as a national standard in Indonesia,” says Rob Weir from IBM.
The i4i caseis back in the news, showing OOXML’s legal problems. For those who cannot recall, Microsoft and its friends (like Alex Brown) lied about the patent status of OOXML in order to push it past ISO. It’s a good thing that nations do not adopt OOXML. The case is still ongoing (many appeals) and OOXML suffers as a result. In another case, Microsoft is appealing a decision regarding its abusive behaviour which Pogson explains as follows:
Duh… It’s not “double recovery”. The conspirators conspired to set up their criminal organization that way. Make them pay for it. That’s a judgment to be made in penalty phase, what portion of the overcharging was due to M$. Pathetic… criminals protected by the legal system.
When consumers complain they are told the competition does not protect them but businesses in competition. When businesses sue, they are kicked out because they did not buy direct from M$.
Summary: The sham at AICTE (All India Council for Technical Education) goes deeper than initially thought
IT SMELLS like corruption. Well, Microsoft is involved, so back room deals are a standard routine. The AICTE fiasco is a subject that we’ve been writing about since last year and Narendra Sisodiya, an educator promoting software freedom in India, is now appealing with help from SFLC-India in order to get to the bottom of it. To quote his letter (response to the above statement):
To
The Appellate Authority(E-Governance) in AICTE,
7th Floor, Chanderlok Building, Janpath
New Delhi- 110 001
Sir,
Sub: Appeal under Section 19 of the Right to Information Act, 2005.
Ref.: Application under the Right to Information Act, 2005 dated 21-10-2010
This is with reference to my application under Right to Information Act, 2005 dated October 21, 2010 filed before the The Central Public Information Officer, All India Council for Technical Education, 7th Floor, Chanderlok Building, Janpath, New Delhi- 110 001, for obtaining the following information:
1. Copy of the agreement signed on 15 October 2010 between between All India Council for Technical Education and Microsoft to deliver free access to development software and design software for institutions, students and faculty in India under DreamSpark program
2. Copy of the agreement signed on 15 October 2010 between All India Council for Technical Education and Autodesk to deliver free access to development software and design software for institutions, students and faculty in India
In response to my application, the CPIO has sent a letter dated January 11, 2011 refusing to provide the information requested, as per Section 8(1) of the RTI Act as the information is coming under commercial confidence, trade secrets or intellectual property. It is submitted that the letter does not specify reasons as to how the disclosure of an agreement entered with an organisation to provide software to students will result in giving information relating to commercial confidence, trade secrets or intellectual property. The CPIO has not given any justification for denying the information sought by the applicant. The letter furnished by the CPIO is not a speaking order and hence the refusal to provide information is not justifiable.
An agreement entered with an organisation to provide software to students cannot be withheld from the public citing commercial confidence as a reason. The Central Information Commission has held in Gita Dewan Verma Vs. Additional Secretary (UD) Govt. of NCT Delhi decided on 27.01.2009 that claim of ‘commercial confidence’ in denying access to agreements between private parties and the masters of the Public authorities,- Citizens, – runs counter to the principles of the Right to Information. The Central Information Commission has held in K.S. Jasrotia v Hindustan Steelworks Construction Limited dated 18-05-2007 that Memorandum of Understanding between two parties should not be treated as confidential papers. Hence withholding the information sought for from the applicant is unjustifiable and against the provisions of the Right to Information Act, 2005.
As per Section 8(1) (d) of the RTI Act, 2005, there shall be no obligation to give any citizen information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information (emphasis supplied). AICTE is vested with the role of proper planning and co-ordinated development of the technical education system throughout the country. The agreement entered into by AICTE with Microsoft Corp and Autodesk has definite public interest considering the fact that it has a direct bearing on education provided to the student community. The Government of India and many State Governments have undertaken various initiatives to promote Free and Open Source Software (FOSS) in the field of education as well as governance. Recently a letter was sent by Mr. N. K. Sinha, IAS, Additional Secretary (TEL), Department of Higher Education, MHRD to AICTE and Directors/VCs of Central Educational Institutions to explore Open Source Software Solutions before adopting proprietary solutions for their academic, administrative and financial needs. A copy of this letter dated January 12, 2011 is enclosed along with this appeal. In the light of initiatives undertaken by the Government in promoting Free and Open Source Software (FOSS), it is in public interest to disclose details of an agreement entered into by AICTE that could result in promotion of proprietary software. Knowledge Commons is a Non-profit organisation involved in development of Free software like SchoolOS, in collaboration with NCERT, and hence has a public interest in learning the details of such agreements entered into by the AICTE. As the information sought for is in larger public interest, the refusal to provide the information to the applicant is unjustifiable.
For the reasons stated above, I request you to quash the decision of the CPIO and to direct that the required information be furnished to the applicant at the earliest. I am enclosing a copy of the application along with this appeal.
Although the letter from the CPIO is dated January 11, 2011, it was delivered much later at my office and as I was on sick leave, I received the letter only on February 14, 2011. Considering these facts, I request you to condone the short delay in filing the appeal.
Encl:
1.
Copy of application under RTI Act, 2005 dated October 21, 2010
2.
Letter dated January 12, 2011 of Additional Secretary (TEL), Department of Higher Education
Place: New Delhi
Date: 28/Feb/2011
Signature of Applicant
E-mail Address :- narendra@narendrasisodiya.com
Tel. No.(Office) :- 011-26693563
Mobile :- 9312166995
Postal Address :- B-130, Lower Ground Floor, Shivalik, Malviya Nagar, New Delhi – 110 017
Our Indian readers are kindly asked to help Narendra Sisodiya by sending similar complaints. India’s population should demand real education (not Microsoft et al. training), so it should take this abuse to the highest level. Under scrutiny, those who sign secret deals will have to flee — maybe even get fired — or simply improve their behaviour. █
Posted in Asia, Microsoft at 6:58 pm by Dr. Roy Schestowitz
Summary: Workforce is being moved to China by the abusive monopolist called Microsoft (as well as others)
MICROSOFT is still laying off a lot of employees, but it plays with the numbers to make it seem like everything is okay. We previously mentioned the imbalanced Microsoft layoffs around the world, which essentially resulted in offshoring. We no longer cover Microsoft as closely as we used to, but contributors help bridge the gap and Chips B. Malroy has just shown us that Microsoft is increasingly moving to China, whose tyrants the monopolist has amicable relationships with (bad minds think alike). To quote from IRC:
“Ya-Qin Zhang, chairman of Microsoft’s Asia-Pacific R&D Group, said in an interview the Redmond, Washington, software maker plans to add between 300 and 400 R&D staff in mainland China this year. It currently has about 3,000 people working on research and development in mainland China, and another 600-700 in other parts of Asia including Hong Kong, Australia and Korea. Globally, Microsoft has an R&D staff of 30,000.”
I seen a comment on Mini msft blog about Steven Sinofsky that claimed that if and when he replaces Ballmer, that he will hasten the offshoring of employees to China and India.
“Microsoft Corp. (MSFT) plans to increase the number of research and development staff in China this year by around 10%, an executive said, as the software giant looks to boost its presence in the country’s fast-growing smartphone market and strengthen its capabilities in areas such as Internet search and cloud computing.”
“BEIJING: Microsoft, the IT giant, is planning a major innovation push in China, covering areas including smartphones, online search and cloud computing.”
Summary: Problems for Apple in China, trouble in a market increasingly dominated by Android, and antitrust actions
THESE TIMES are wonderful for Linux, but usually it’s not called “Linux”, it’s just called something like “Android” or “Red Hat” and even “Ubuntu”. Linux is everywhere and it commoditises the platform much to the regret of Apple and Microsoft. They have their own problems. Security-wise, Apple’s proprietary software still fails right now (this time it’s hypeToons) and the “iPhone [is] ‘becoming less popular’” based on other new reports.
Research from the uSwitch.com mobile tracker found that HTC handsets, which are made in Taiwan, were doing particularly well.
The firm compiled a ranking of the most prized smartphones, based on web searches and sales, and HTC were in each of the top three places with its Desire, Desire HD and Wildfire models.
Apple has already started suing HTC using software patents (a sign of Apple getting miserable) and it falls under antitrust scrutiny these days. Rik Myslewski says that “Apple ‘greed’ tax spreads beyond music, movies, magazines”:
Apple’s recently enacted “give us 30 per cent of your subscription revenue” dictum is metastasizing beyond online magazines, newspapers, music services, and video apps, ensnaring at least one software-as-a-service app as well.
Steve Jobs’ App Store police have rejected the iOS version of Readability – an online service that allows you to read online stories stripped of ads, Flash, and other distractions – saying the app’s developers provided no way for Apple to take its cut of subscription revenue.
The irony is that Apple uses Readability’s open source code to enhance its own Safari browser. And Readability creator Rich Ziade isn’t too happy about the turn of events.
Apple increasingly behaves like a thug and “‘Poisoned’ Chinese workers turn to Apple for help,” says the MSBBC this week. To quote: “Chinese workers injured while making touchscreens for mobile devices, including iPhones, have written to Apple asking it to do more to help them.
“Some 137 workers suffered adverse health effects following exposure to a chemical, known as n-hexane.”
Posted in Asia, Microsoft at 11:14 am by Dr. Roy Schestowitz
Summary: Proprietary software — and Microsoft’s software being a notable example — is being used to marginalise and increase hostility within society, even put in prison those who challenge misuse of power
FOLLOWING the Russian spin [1, 2, 3] which resembles events in countries like Kyrgyzstan [1, 2], there has been a lot of debate about Microsoft’s role in crushing activists and supporting suppressive regimes. In fact, Microsoft’s Russian spin (pretending to help the very people whom it is crushing) can still be found in this new incomplete report. To quote the better parts:
Noting that legitimate antipiracy laws can be abused in pursuit of illegitimate ends, today’s report provides a set of best practices for tech companies that operate in environments where the rule of law is weak and governments use legitimate antipiracy law as a tool to actively suppress civil society. It also details the role U.S. officials should play in supporting companies like Microsoft in their efforts to address the threat of selective enforcement.
This report is a bit of a whitewash. It does not quite mention the option of just dumping Microsoft software for the use of Free/libre software and it seems to be giving Microsoft credit for exactly what it should be slammed for; Microsoft assisted the regime and only when the PR damage (backlash) became considerable enough, it started to pretend to take the other side. But a better illustration of the motion to crush people using proprietary software is the following news about SIIA’s bribes (we wrote about SIIA in [1, 2]), which divide people and make them enemies of one another:
In 2010, SIIA’s Corporate Anti-Piracy program paid out 16 rewards totaling $57,500.
Proprietary software breeds hostility and distrust. It gives more power to those who already have power. It widens gaps in society and centralises power in the hands of a few, i.e. tyranny. Why do some people accept it? █
Summary: In addition to private meetings with Bill Gates, President Obama plays a role in serving Microsoft’s interests
OVER the past couple of years and even more than that (ahead of the 2008 elections) we have covered incidents where Steve Ballmer went to the White House for private meetings with President Obama. These red carpet trips were not intended to help the American population, they were intended to benefit a monopoly abuser which is currently terrorising rivals such as Google, in more than a single nefarious way.
“Obama cites piracy data from Ballmer in comments on Hu visit,” argues a Microsoft booster in a report about incidents we will probably expand on later this year:
When Steve Ballmer talks, President Obama listens, apparently.
The Microsoft CEO is among the corporate executives in Washington, D.C., today for the visit of President Hu of China. As always, trade between the two nations is one of the big topics on the agenda, and Obama talked at one point about the need for a “level playing field when it comes to our trading partners.”
Summary: The West loses its advantage to the East by increasing grounds for litigation without much cross-continent/country leverage
A little while ago we wrote about the impact of excessive patenting, especially when it comes to the rising power of China (post available in Spanish). China is not going to sit back and let itself be abused by the West. In fact, based on this report, “China Patent Grants up 40%, Filings Up 25% in 2010″:
Not long after the announcement came out that the USPTO granted a record number of patents in 2010, China’s SIPO officially announced today that the number of patents granted in China in 2010 was 40 percent higher than in 2009, receiving over 1.2 million patent applications and approving 814,825 requests among them last year. The application number was over 25 percent more than that in 2009.
Over in the US, a “Patent Troll Takes Twitter To Court For Creating Virtual Community of Celebs” and China may be laughing at this self-nuking act that only shuts down innovation rather than promote any. It can lead companies to expansion in China where it’s safer for a corporation (less litigation, less regulation).
You read that right – someone is apparently suing Twitter because it lets celebs interact online. The popular micro-blogging service partly owes its popularity to celebrities like P Diddy, Ellen Degeneres, 50 Cent, Ashton Kutcher and Demi Moore who command millions of Twitter followers. It’s exactly this aspect of the service that’s now under fire from little-known VS Technologies, LLC that doesn’t even have a website. This company apparently holds rights to a 2002 patent entitled “Method and system for creating an interactive virtual community of famous people” and they’re seeking an unspecified amount of damages to be paid that “cannot be less than would constitute a reasonable royalty for the use of the patented technology, together with interest and costs as fixed by this Court,” as they’ve put it.
Even though up to now this blog predominantly reported on patent issues and IP politics, it is nevertheless intended to cover other types of software-related intellectual property as well.
I thus feel that I have to mention at least briefly the recent decision of the European Court of Justice in case C-393/09 (BSA vs. Ministry of Culture of the CR), which is dealing with copyright protection of graphical user interfaces (GUI).
How are people supposed to code these days? In the past, all one had to do was ensure that his/her code was written by oneself. These days, people are expected to read and understand hundreds of thousands of patents and now be familiar with loads of GUI designs/layouts that are ‘protected’ by copyright? Metzler shows the KDE4 desktop in his blog posts. Is he trying imply something? What type of future does the West offer to developers if restrictions that they are not interested in are put in place to impede them? I write this as a concerned developer myself. Programming jobs are being eliminated in order to give way to lawyers and monopolies they sometimes represent. █
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