12.20.10

Red Hat and Oracle Respond to EIFv2, Microsoft Seemingly Plans More Patent Aggression

Posted in Courtroom, Microsoft, Oracle, Patents, RAND, Red Hat at 2:53 am by Dr. Roy Schestowitz

French lake

Summary: The European Interoperability Framework does not go far enough to serve as a bridge between free/libre applications and this helps Microsoft

THE question about software patents can determine winners and losers. It’s a battle which takes place in the courts rather than the markets and it’s not over yet. The most recent Red Hat USPTO/SCOTUS news helped show the company’s great interest in the outcome and here is further news coverage of that:

A group of US companies including Red Hat, Yahoo, eBay, Electronic Arts, General Motors and HP, have joined together to challenge a recent ruling by the U.S. Court of Appeals for the Federal Circuit, which threatens to seriously exacerbate problems in the already highly controversial software patent system within the United States.

The group has filed a brief with the U.S. Supreme Court seeking correction of the standard for inducing patent infringement, relating to the case of Global-Tech Appliances, Inc v. SEB S.A. Under the existing ruling, the Court of Appeals held that organisations and individuals can be held liable and prosecuted for infringing patents of which they have no knowledge. It used a standard of “deliberate indifference,” which it then equated to negligence.

[...]

The Supreme Court challenge is likely to be scheduled for sometime this spring.

Red Hat employees have commented on EIFv2 (we’ve asked them for feedback and received some) and Red Hat’s Mark Bohannon also put his output in Red Hat’s official Web site. Yesterday we showed that he put it in another site (Spanish translation), unless Red Hat put it there for him.

Richard Adhikari writes about the subject for ECT and gathers comments from various stakeholders:

The European Union has announced public procurement rules for technology that appear to favor open source.

The European Interoperability Framework sets out interoperability standards to create a trusted information exchange between public administrations of member countries.

The EIF encourages open specifications for the framework.

Members of the Business Software Alliance, which offer proprietary software, are apparently contesting this provision.

The announcement of the EIF is the another step in a years-long process.

“The EU’s work in this area has been going on since at least 2000, when OpenOffice.org was named as the preferred word processor for Denmark’s government,” Bill Roth, executive vice president at LogLogic, told LinuxInsider.

The European Parliament’s press office did not respond to requests for comment by press time.

In “Trond’s Opening Standard” (Oracle blog, not Oracle’s statement though) it is asked whether EIFv2 is “a new beginning” and the opening goes like this:

The most controversial document in the history of the European Commission’s IT policy is out. EIF is here, wrapped in the Communication “Towards interoperability for European public services”, and including the new feature European Interoperability Strategy (EIS), arguably a higher strategic take on the same topic.

Leaving EIS aside for a moment, the EIF controversy has been around IPR, defining open standards and about the proper terminology around standardization deliverables. Today, as the document finally emerges, what is the verdict?

Let us remember that Oracle uses patents offensively, notably in the Oracle vs. Google case that Groklaw continues to cover.

Groklaw quotes a page which is no longer accessible at the old address but can still be found here. Citing this letter [PDF] it says that “[p]atents do not give protection to inventive small businesses because they are impossible to enforce” (not news).

“A false assumption is made that an SME holding a patent will have ‘protection’ for their related investment in R&D and any resultant innovation,” the letter says.

This whole debate matters because the law is increasingly discriminatory in the sense that it discourages the small person with the small business. As Microsoft fails to make new products stick, it is turning further into the realms of patent trolling as white-collar racketeering company [1, 2, 3, 4, 5, 6, 7]. A new blog post titled “Microsoft patent chief: 2010 was a significant year of invention” led Groklaw to saying: “Uh oh. Writers call that foreshadowing. From the blog: “Patents will continue to play a key role in fostering technologies that enable interaction with people in new, unexpected ways. Our commitment to world-class creativity and invention in computer science and our R&D investment will enable Microsoft to continue setting the standard for patent quality in the technology industry.” That means they want you to pay them.”

To quote directly from the blog post:

…Microsoft Chief Patent Officer Bart Eppenauer notes in a blog post that 2010 will “go down in history as a significant year for creativity and invention at Microsoft.”

When they say “invention” they means patents, which EIFv2 allows them to embed inside formats and protocols (e.g. OOXML and FAT, respectively), in order to marginalise software freedom and competition from the likes of Red Hat.

Related posts:

  1. European Open Source Software Workgroup a Total Scam: Hijacked and Subverted by Microsoft et al
  2. Microsoft’s AstroTurfing, Twitter, Waggener Edstrom, and Jonathan Zuck
  3. Does the European Commission Harbour a Destruction of Free/Open Source Software Workgroup?
  4. The Illusion of Transparency at the European Parliament/Commission (on Microsoft)
  5. 2 Months and No Disclosure from the European Parliament
  6. After 3 Months, Europe Lets Microsoft-Influenced EU Panel be Seen
  7. Formal Complaint Against European Commission for Harbouring Microsoft Lobbyists
  8. ‘European’ Software Strategy Published, Written by Lobbyists and Multinationals
  9. Microsoft Uses Inside Influence to Grab Control, Redefine “Open Source”
  10. With Friends Like These, Who Needs Microsoft?
  11. European Interoperability Framework (EIF) Corrupted by Microsoft et al, Its Lobbyists
  12. Orwellian EIF, Fake Open Source, and Security Implications
  13. No Sense of Shame Left at Microsoft
  14. Lobbying Leads to Protest — the FFII and the FSFE Rise in Opposition to Subverted EIF
  15. IBM and Open Forum Europe Address European Interoperability Framework (EIF) Fiasco
  16. EIF Scrutinised, ODF Evolves, and Microsoft’s OOXML “Lies” Lead to Backlash from Danish Standards Committee
  17. Complaints About Perverted EIF Continue to Pile Up
  18. More Complaints About EIFv2 Abuse and Free Software FUD from General Electric (GE)
  19. Patents Roundup: Copyrighted SQL Queries, Microsoft Alliance with Company That Attacks F/OSS with Software Patents, Peer-to-Patent in Australia
  20. Microsoft Under Fire: Open Source Software Thematic Group Complains About EIFv2 Subversion, NHS Software Supplier Under Criminal Investigation
  21. British MEP Responds to Microsoft Lobby Against EIFv2; Microsoft’s Visible Technologies Infiltrates/Derails Forums Too
  22. Patents Roundup: Escalations in Europe, SAP Pretense, CCIA Goes Wrong, and IETF Opens Up
  23. Patents Roundup: Several Defeats for Bad Types of Patents, Apple Risks Embargo, and Microsoft Lobbies Europe Intensely
  24. Europeans Asked to Stop Microsoft’s Subversion of EIFv2 (European Interoperability Framework Version 2)
  25. Former Member of European Parliament Describes Microsoft “Coup in Process” in the European Commission
  26. Microsoft’s Battle to Consume — Not Obliterate — Open Source
  27. Patents Roundup: David Hammerstein on Microsoft Lobbying in Europe; Harrison Targets Lobbying on Software Patents in New Zealand, Justice Stevens Leaves SCOTUS
  28. Oracle Doesn’t “Go Bananas Over EIF 2.0” Being Subverted by Microsoft and Friends
  29. Inaction From Ombudsman/EU Commission Regarding Microsoft Lobbyists Derailing Public Policy
  30. The Difference Between Florian Müller and Hugo Lueders (Pro-Microsoft Lobbyists)
  31. BSA, ACT, and Other Microsoft Front Groups Still Try to Shoot Down EIF in Europe While Promoting Software Patents
  32. Free Software Proponents Expose the Microsoft-Funded (F)RAND Lobbyists and Their Lies, Microsoft to Lobby Directly in SOSOCON 2010
  33. Battling the BSA Hydra – Interpretation and Spanish Translation
Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2010/12/20/red-hat-oracle-response/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 3/8/2021: DeaDBeeF 1.8.8, CrossOver 21, AMD and Valve Hook Up for GNU/Linux Work

    Links for the day



  2. Links 3/8/2021: LibreOffice Autoupdater and Vulkan in X-Plane

    Links for the day



  3. How the News About 'Linux' Gets Manipulated to Spread FUD and Promote the Competition of GNU/Linux

    We quickly examine the sorts of news one gets from Google 'News' when searching for “Linux” and we conclude that real news is occluded or missing



  4. The EPO is Europe's Largest Scale Scam (by Far the Largest)

    In another fine instance of deja vu, the biggest scammers are warning everybody else about lesser “scammers”; one might be tempted to call this “projection tactics” or deflection (staring at the mirror) which helps churn/flood the "news" section with tons of recycled old fluff (they could certainly use a distraction right now)



  5. Links 3/8/2021: Raspberry Pi ‘WeatherClock’ and IPFire 2.27 - Core Update 159

    Links for the day



  6. IBM's Attack on the Community and on GPL/FSF is an Attack on Red Hat's Greatest Asset

    Ever since IBM bought Red Hat it has repeatedly attacked the FSF (in a malicious and personified fashion), looking for its own ‘copyright grab’ whilst outsourcing loads of code to proprietary software monopolisers who attack the GPL; by doing so, IBM is destroying the value of what it paid more than 30 billion dollars for (IBM is governed by pretentious fools, according to IBM insiders; they’ve already lost Red Hat’s longtime CEO and IBM’s new President), so it’s falling back on openwashing of IBM's proprietary software with help from the so-called ‘Linux’ Foundation



  7. Four Weeks of Non-Compliance: EPO Only Accepts Courts That It Rigs and Controls

    Compliance is for suckers, believes the “Mafia” which runs the EPO; it is not even responding (for three weeks!) to letters from the victims who won the cases; this is bad for Europe's image and it sets a dangerous precedent



  8. Seven Eleven: 11 is to 10 What 7 Was to Vista

    Microsoft is, as usual, aggressively manipulating/bribing the media (hyping up a shallow version inflation along with paid-for vapourware advertising) while strong-arming the market; there’s no other way they can compete anymore



  9. IRC Proceedings: Monday, August 02, 2021

    IRC logs for Monday, August 02, 2021



  10. Links 3/8/2021: Nitrux 1.5.1 and Gerbera Media Server 1.9.0

    Links for the day



  11. Links 2/8/2021: XEyes 1.2 and Fwupd 1.6.2 Released

    Links for the day



  12. Freenode is IRC... in Collapse

    Freenode is now down to just 13,194 online users, which makes it the 6th biggest IRC network. Months ago it was #1 with almost 6 times as many users as those below it. The graph above shows what the latest blunder has done (another massive drop in less than a week, with a poem and the all-time chart at the very bottom).



  13. Barrier and Synergy Can Work Together, Connecting Lots of Different Machines

    Barrier and Synergy can be configured to work properly in conjunction, though only provided different port numbers (non-default) are specified; in my current setup I have two computers to my right, working over Barrier, and two older ones on the left, working over Synergy; the video explains the setup and the underlying concepts



  14. Links 2/8/2021: Open Science in France and Zoom Pays to Settle Privacy Violations

    Links for the day



  15. It Almost Feels Like Battistelli Still Runs the EPO (by Extension/Proxy)

    The "Mafia" that destroyed the EPO is still being put in charge and is using the EPO for shameless self-promotion; it is never being held accountable, not even when courts demand remediatory action and staff seeks reparations



  16. [Meme] Vichyite Battistelli Committed Crimes and His Buddy António Snubs Courts That Confirm These Are Crimes

    Staff of the EPO is coming to realise (or reaching acceptance of the fact) that the spirit of Battistelli — not just people he left in charge of the EPO — dooms the Office and there’s no way out of this mess



  17. Links 2/8/2021: Linux 5.14 RC4 and 20% Growth in Steam

    Links for the day



  18. IRC Proceedings: Sunday, August 01, 2021

    IRC logs for Sunday, August 01, 2021



  19. Links 1/8/2021: LibreOffice 7.2 RC2 and Lakka 3.3

    Links for the day



  20. Was Microsoft Ever First in the Market?

    Confronting the false belief that Microsoft ever innovates anything of significance or is "first" in some market/s



  21. Links 1/8/2021: 4MLinux 37.0, IBM Fluff, and USMCA Update

    Links for the day



  22. Microsoft Knows That When Shareholders Realise Azure Has Failed the Whole Boat Will Sink

    The paranoia at Microsoft is well justified; they've been lying to shareholders to inflate share prices and they don't really deliver the goods, just false hopes and unfulfilled promises



  23. [Meme] Nobody and Nothing Harms Europe's Reputation Like the EPO Does

    Europe’s second-largest institution, the EPO, has caused severe harm/damage to Europe’s economy and reputation; its attacks on the courts and on justice itself (even on constitutions in the case of UPC — another attempt to override the law and introduce European software patents) won’t be easily forgotten; SUEPO has meanwhile (on Saturday, link at the bottom in German) reminded people that Benoît Battistelli and António Campinos have driven away the EPO’s most valuable workers or moral compass



  24. IRC Proceedings: Saturday, July 31, 2021

    IRC logs for Saturday, July 31, 2021



  25. [Meme] When it Comes to Server Share, Microsoft Azure is Minuscule (But Faking It)

    Don't believe the lies told by Microsoft's charlatans and frauds; Azure has been a total failure and that's why there are layoffs as well



  26. [Meme] Mozilla Has Turned From Technical to Marketing

    Way back, long before Mozilla and Firefox got hijacked by politics (turning Mozilla into a VPN reseller that lies about its stance on privacy), geeks were driving the company, not corporate lawyers and spying/marketing people



  27. Over 1,500 (Known/Unorphaned) Gemini Capsules and Over 160,000 Page Requests in gemini.techrights.org During July

    Techrights is expanding at gemini:// (Gemini space) and over 1,500 capsules are reported to have been found (less than 4 months ago it was about 1,000)



  28. Links 31/7/2021: Kernel Additions and Linux Mint 20.3 Release Date

    Links for the day



  29. Microsoft Azure Stagnating

    Reprinted with permission from Mitchel Lewis, former Microsoft employee



  30. For 17 Days (and Counting) António Campinos Has Failed to Respond to Call for Compliance With the Law

    Team Campinos has been so arrogant and so evasive that there’s no indication (yet) that it will follow court orders (Willy ‘Guillaume’ Minnoye openly bragged about ignoring court orders and he's still cheering for the EPO's abuses); therefore, staff of the EPO takes collective action


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts