Bonum Certa Men Certa

Mobbyists and Lobbyists (Notably BSA) Marginalise Free Software in Europe Using Lies About RAND

BSA



Summary: The lobby for software patents inside standards that everyone must implement is growing in Europe and those who are behind it are also tied to Microsoft

ACT, the Microsoft pressure group which fakes the voice of European SMEs, is getting some backup from other lobbyists who push Microsoft's interests in Europe, especially when it comes to software patents.



Using "SMEs" as an example or excuse, now it's Dewar who is promoting a back door to software patents in Europe: [via FFII]

"There are a whole host of policies in the flagship which will favour SMEs. On intellectual property, for example, the EU patent would dramatically reduce the cost of patenting in Europe, which would particularly benefit SMEs. But in addition, the commission will make proposals for a European knowledge market for patents and licensing.

"The EU patent plus the European market place for IPs would allow SMEs both to patent more of their inventions, and also to trade and exchange them on equal terms with larger companies," Dewar told the meeting.

She went on, "This is particularly critical in sectors such as semi-conductors and telecoms where companies need to bundle together many existing technologies and therefore require access rights to a range of IPRs.


Dewar probably means well, but she needs to understand what Vincent Van Quickenborne ought to understand too [1, 2, 3]. The unifications they crave provide an opening through which software patents can reach Europe. It's no coincidence that Microsoft's lobbying blog and lobbying group ACT both lobby for it. This would be bad for software freedom.

Generally speaking, a lot of disinformation agents of Microsoft appear to be multiplying. The very GNU/Linux-hostile Jeff Gould is back to his old routine after a couple of years away. Microsoft Florian is back too and having already spread disinformation about RAND over a months ago he is doing it again. LWN should reconsider its policy because it has been giving a platform for this mobbyist to spread lies and now it is feeding Gould as well, despite a consistent record of attacks on GNU/Linux.

The Gerson Lehrman Group's site is carrying this missive from Jeff Gould giving a rather wild-eyed analyst view of Oracle's enterprise kernel update.


The mobbyists have begun more transparently adopting the same tactics and party line as the Business Software Alliance (BSA). Glyn Moody says that the "US Attorney General parrots BSA's nonsense about software piracy..."

The BSA is deceiving for living, not just bullying businesses. Well, that's how politics works, too. The software landscape may be no exception after all.

Carlo Piana writes: "I'm disturbed by claims that RAND is compatible with FS. It is NOT, by&large, it's against Freedom # 2."

FSFE says: "exactly. We (FSFE) are rebutting BSA wanting all RAND acceptable. Not arguing "#swpats MIGHT be compatible w/ FOSS""

“I'm disturbed by claims that RAND is compatible with FS.”
      --Carlo Piana
Andrew Katz, a lawyer, has already put the kibosh on the mobbyists' lies about RAND. He writes: "my personal view is that RAND is against all freedom in spirit, and against some licences in word (e.g. GPL)"

Piana adds: "in other words, yes, if you imply open standards as in FSFE def. (incl. no running royalties forever)"

This won't stop Microsoft Florian, for example, from lying. He is still pushing the same line as BSA and ACT, Microsoft's front groups on these issues; the difference is that he pretends to be pro-FOSS (which he is not) and against software patents, but he is pushing the BSA's party line. Some 'reporters', only/mostly in ZDNet on the face of it, are still willing to chew the falsehoods from lobbyists and mobbyists. It's just sad. Regarding the BSA-FSFE altercations [1, 2, 3, 4, 5] David Meyer writes: "Lobbyists clash over open standards in Europe" (it makes it sound like FSFE is a lobbying group).

In its letter to the Commission (PDF), dated 7 October, the BSA called for "an express endorsement of technologies made available on fair, reasonable and non-discriminatory (FRAND) terms", rather than the preference for open specifications that apparently exists in the draft EIF revision.

The BSA said a tilt towards open specs would "undermine the innovativeness of European standards", adding that the recommendation suggested that such standards should be "free of intellectual property rights". The organisation also pointed to many technologies that are licensed on FRAND terms, such as Wi-Fi, GSM and MPEG.

The FSFE sent its own letter to the Commission on Friday, saying the BSA's letter showed "a gross misconception of standards, their role and their working".


"Business Software Alliance pressuring the European Commission to remove support for Open Standards," says this tweet which refers to the FEFE's ongoing struggle to restore or promote software freedom in Europe. In a new post titled "Battling the Hydra" (by Karsten Gerloff) there are some updates on the subject and Dana Blankenhorn is still acting as Microsoft Florian's sidekick. In a new post titled "How open source advocates beat themselves" (Summary says "Calling someone else “IBM Stu” or “Microsoft Dave” is what gives vendors their power over open source") Blankenhorn seems to dismiss FSFE as just a lobbyist (Microsoft Florian loves throwing blows at FSFE/FFII, claiming them to be IBM lobbyists). To quote part of this awful post which looks like it was ghostwritten by or written in the spirit of Microsoft Florian:

But there was a time, long before ZDNet, when I did some consulting. A company I worked for had contracts with some very big vendors indeed, under strict non disclosure agreements (NDAs).

I learned a lot from those contacts, about the decision-making process within those clients. Did it make me their lapdog? Not at all.

My point is that the assumption of corruption in others does grave damage to the cause. The use of rumors — calling someone else “IBM Stu” or “Microsoft Dave” — is what gives vendors their power over open source.


Not surprisingly it soon turns out that Blankenhorn and Microsoft Florian have just met. "Pretty crazy" called it someone who told us about it via mail. "Has FOSS lost the battle against patents" is the post under which Blankenhorn reveals his affinity for Microsoft Florian.

It’s Florian Mueller (right), and he wrote it on his FOSSPatents blog last week, shortly after I met with him in Munich.


Well, at least he no longer pretends to be pro-FOSS. And the "Linux and Open Source" blog at ZDNet has become somewhat of a platform for Microsoft Florian to spout out his inaccuracies and lies. What a shameful situation. The FFII has meanwhile responded to the acts of the BSA; it labels it "espionage" and says: "Like a thief returning the product: BSA sent the Commissioners a letter commenting on unreleased official drafts."

In summary, Microsoft's lobby for software patents in Europe (mostly through RAND) is gaining steam and those who are behind it are in Microsoft's pocket, as expected.

Recent Techrights' Posts

Using SLAPPs to Cover Up Sexual Abuse and Strangulation
The exact same legal team of the Serial Strangler from Microsoft and Garrett already has a history fighting against "metoo"
 
Turns Out LLMs for Code Don't Save Time and Don't Improve Quality
Neither legal nor useful
The Microsofters Will Have an Obligation to Compensate Us
This story isn't just about Microsoft. It's also about corruption, there are many women victims, there is abject "abuse of process", and many more scandals to be illuminated in years to come.
Reproducing at the EPO Instead of Producing Monopolies for Foreign Monopolies With Their Price-Fixing Cartels
Does the EPO recognise the need of well-educated Europeans to bear kids?
Valnet Inc. Dominates Real (Not LLM Slop) GNU/Linux Coverage in 2025
And likely in prior years, too
Free Software Foundation (FSF) Fund Raiser Goes on
Later this month we'll expose another OSI scandal
EPO Staff Representatives Issue a Warning About Staff's Health and Inadequate Care
Even the EPO's own stakeholders (money sources) are openly protesting against what the EPO became
Links 13/07/2025: Partly Assorted News From Deutsche Welle and CBC
Links for the day
Gemini Links 13/07/2025: Board Games and Battle Styles
Gemini Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 12, 2025
IRC logs for Saturday, July 12, 2025
Plunder at the Second-Largest Institution in Europe
cuts, neglect, health problems, even early deaths
Links 12/07/2025: Political Developments, Attack on Opposition, Climate Actions
Links for the day
Gemini Links 12/07/2025: Melodic Musings and Small Web July
Links for the day
Links 12/07/2025: Jail in China for Homoerotica, South Korea Discriminates Against Old Workers
Links for the day
If Only Everything Was Rewritten in Rust, We'd Have No More Security Issues?
Nope.
Links 12/07/2025: Birdwatching and Fake/Misleading Wall Street 'Valuation' Figures
Links for the day
Gemini Links 12/07/2025: How to Avoid Writing, Apps for Android
Links for the day
EPO Staff Committee on Harassment in the Workplace
slides
Adding the Voice of Writers to UK SLAPP Reform
The journey to repair antiquated (monarchy era) laws will likely be long
EPO Takes More Money From Staff for Speculation (Pensions), Actuarial Study Explains the Impact
"The key change in this year’s Actuarial Study, due to cascading the new “risk appetite” from the financial study, is a significant increase of the total pension contribution rate of 5.7 percentage points, up to a total of 37.8%. This is driven by an unprecedented decrease in the discount rate of 105 bps down to 2.2%."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 11, 2025
IRC logs for Friday, July 11, 2025
Microsoft - Like IBM - Does the "Relocation" Tricks (Start Over Elsewhere, Then Get Sacked by Microsoft)
It is a "low blow" or a "dick move"
After the Free Software Foundation's Campaign to Raise Money Let's See Campaigns to Finish Off Microsoft (Vista 11, GitHub etc.)
Microsoft is in effect collapsing
Your Publications Have No Major Impact Unless or Until You "Get Some Heat"
we're on the right track
Slopwatch: A Cause for Hope, the Hype is Dying
For about a month we showed that becoming a slopfarm - for several weeks - resulted in utter failure and ruin for BetaNews
Links 11/07/2025: Censorship Worsening, 3D Printing Success Stories, UK and France Unite Around Nukes
Links for the day
Gemini Links 11/07/2025: Zorin OS and Scriptonite Updates
Links for the day
Links 11/07/2025: Hardware, Russia, and China
Links for the day
Links 11/07/2025: Intel Collapsing and Microsoft Resorts to Bribery to Push Slop Via Obligatory Education
Links for the day
The EFF Sided With the Team That Strangles Women and Tells Women to Kill Themselves
They say that apathy and inaction are a form of a "stance"
"Nat [Friedman] and [the Serial Strangler From Microsoft] Were Always Exceptionally Close," Says Former Housemate and Colleague
Now Alex (hiding behind another name when that suits him) not only attacks women but also people who merely report what he did to women
Exemplary List of Things That Are Not Artificial Intelligence or Even Intelligence
The "age of AI" or "era of AI" or "AI revolution" mostly boils down to rebranding, just like "the cloud"
New Letter From the European Patent Office Explains How the Office Plots to Grant Many Illegal Patents, a Self-Fulfilling Prophecy of 'Growth'
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO)
Abuse of Process
5RB is employing people who help violent men
What Microsoft's Nat Friedman and Microsoft Lunduke Have in Common
"Get in da car; No time to explain, loser"
Microsoft and IBM Don't Have Much of a Future (They Mostly Pretend at This Point)
IBM and Microsoft are in some ways alike but in many ways different
It's Not Just Twitter (or X.com) That's Dying, Microsoft's Equivalent is Dying Also
Unable to find a business model
GitHub Copilot Can Cause the Bankruptcy of GitHub to Come Sooner and GitHub to be Shut Down Just Like Skype
Some publicly available information suggests that even for each paid subscriber for plagiarism (LLM 'coding') GitHub Copilot still loses more money than it makes
Wayland is Bad for the Planet
If you use Wayland, it'll take you longer to accomplish tasks and you will consume more energy (or battery life)
Legitimising Those Who Sabotage You
Microsoft is a very malicious company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 10, 2025
IRC logs for Thursday, July 10, 2025
On Microsoft Layoffs
we might be looking at about 60,000 Microsoft layoffs since 2023
EPO Management Already Breaks Its Own Promise (Lie) on "Bringing Teams Together"
This gut-punching move happened just 2 days ago
Gemini Links 11/07/2025: Occupation of 2025 and "Old Man Yells At Soundcloud"
Links for the day
Our Lawsuits Against the 'Cancel Mob' (Ringleaders) Helped Reduce Anti-Free Software Online Abuse
That's not to say that lawsuits are the best way to handle terrible people. But that can help.