03.17.20

Biggest Threats to Software Freedom (Which Almost Nobody Talks About)

Posted in Free/Libre Software, GNU/Linux, Microsoft, OIN at 9:48 am by Dr. Roy Schestowitz

Destroying the movement by buying it piece-wise, then using patent traps inside it to assert that it’s indebted to ‘generous’ Microsoft

...and then we pay LF, then OSI, then OIN... Don't forget to grab the repos (Github) and then NPM... You think it wasn't planned already?... Wait, how do we bribe or destroy the FSF?

Summary: The assault on Free software carries on, as various building blocks are hijacked by Microsoft (to spy, censor and generally control) whilst illegal software patents are being advanced using meaningless buzzwords that any programmer would laugh at

THE world of software development — not necessarily just Free/libre software — hardly speaks of the dangers associated with GitHub.

In quick succession Microsoft attacks many pillars of software and its supply/development chain. This is overlooked by those who are bribed by Microsoft to “stay in line”. The Linux Foundation now actively promotes GitHub, which is proprietary software designed to entrap users of Git. Look at the Board of the Linux Foundation; Microsoft is all over it (and top management of the Linux Foundation too).

Today, as of this morning, many people spoke about Microsoft’s move against NPM, which is an act of all-out aggression. Make no mistake about it. Also see who’s behind it. Those are people who have attacked the Free software world for decades. Conde Nast (which ‘ousted’ Torvalds for a month) welcomed this with a number of very recent puff pieces, pretending that a land grab by a proprietary software behemoth is a gesture of “love”. Microsoft loves Open Source? No. Microsoft is attacking it. While smiling at us.

We’re going to leave that aside at the moment and instead return to it in a separate, dedicated article.

We also remain concerned about total apathy towards the patent aspect. When did OSI and Linux Foundation (both in Microsoft’s pocket) last speak about it?

The European Patent Office (EPO) under today’s leadership illegally grants patents that (GNU/)Linux would certainly be in infringement of. And those patents aren’t even legal patents!!!

Where’s the outrage?

Upcoming ‘events’ promoting illegal software patents in Europe are again being advertised today. This new press release says: “An intensive update on patent protection for software-related inventions covering all the major developments in European patent law in particular GUI inventions and mixed’ inventions with both patentable and non-patentable subject matter…”

“We also remain concerned about total apathy towards the patent aspect. When did OSI and Linux Foundation (both in Microsoft’s pocket) last speak about it?”Also, behind IAM‘s paywall this week there’s this scoop about Microsoft’s patent blackmail and extortion chief moving to Marconi. To quote IAM on Twitter: “Another big hire for Marconi as it adds former Microsoft patent chief…”

Microsoft’s patent chief is a thug, but Microsoft is also IAM’s financial backer, so they will not ‘insult’ this Mafia, will they? Money talks, says the famous idiom. Microsoft buys a lot of “talk” and the “talking points” are passed on.

One can imagine what will happen next. HTIA (best known for advocacy of Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs)) has meanwhile published this letter and tweet, stating: “The single most important thing the USPTO should do in the context of AI is improve the technical training given to examiners who plan to examine AI-related technologies.” Read more in our joint comments on patenting AI inventions…”

We’ve looked into the underlying ‘letter’ [PDF] and found it rather void of substance if not dreary. They suggest some amendments, but they play along with the buzzwords and the accompanying hype.

“Microsoft buys a lot of “talk” and the “talking points” are passed on.”The U.S. Patent and Trademark Office (USPTO) likes finding tricks to work around restrictions on software patents (limitations such as 35 U.S.C. § 101/Section 101/Alice) and just calling everything “HEY HI!!” (AI) is one of the more popular tricks these days. Out of nowhere they suddenly use these buzzwords all the time.

Suffice to say, the USPTO merely does here what the EPO did before it. They try to make it acceptable for patent offices to grant patents that courts later reject.

“The EPO Board of Appeal lacks independence; there are ongoing and outstanding complains about it. Already, as of months ago, Campinos threatens those same judges to permit software patents.”How about patents granted in defiance of Mayo (the other high-profile SCOTUS decision alluding to naturally-recurring things in nature).

Perhaps not minding the underlying law, Emma Longland (HGF) has just published this piece about the EPO granting likely illegal European Patents on life, as the EPO is totally out of control and even its own judges are besieged by António Campinos and his boss. To quote:

The much-watched validity dispute over the Broad Institute’s patent for fundamental CRISPR-Cas9 technology – recently revoked by the EPO Board of Appeal – is not the only CRISPR-related IP issue to watch out for in Europe this year, explains HGF’s Dr Emma Longland.

The EPO Board of Appeal’s recent revocation of the CRISPR-Cas9 patent, EP2771468 – belonging to the Broad Institute, Harvard College and the Massachusetts Institute of Technology – has garnered a great deal of attention since January. However, IP professionals interested in keeping up to speed with the technology’s patent landscape should also pay attention to several other important CRISPR applications going through the EPO opposition and appeals process this year.

The Broad Institute and its collaborators were among the innovators working on CRISPR gene editing during its early development in 2012 and 2013. Thanks to a strategy of accelerating the prosecution of their related patent applications at the EPO, they were the first to get granted foundational CRISPR patents in Europe. And several patents other than EP2771468 are now at various stages of the opposition and appeal process.

The EPO Board of Appeal lacks independence; there are ongoing and outstanding complaints about it. Already, as of months ago, Campinos threatens those same judges to permit software patents. This is a gross abuse of the EPC.

Free software is in a bad position as long as this carries on. There are already several troll lawsuits against it (GNOME, Mycroft etc.) based upon ridiculous software patents. What did OIN do about it? It's shocking. OIN works for Microsoft now. As for IBM with a Red Hat CEO as President? It is still suing companies using software patents, so we know nothing has changed.

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/2020/03/17/microsoft-hijack-the-movement/

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. IRC Proceedings: Saturday, May 15, 2021

    IRC logs for Saturday, May 15, 2021



  2. [Meme] When All That Matters is 'Production' and 'Timeliness'

    The EPO has gone down the same route as the U.S. Patent and Trademark Office (USPTO) when it comes to patent quality; as if the goal is to grant 11 million patents (most of them in just a few decades) rather than assess the impact of such patents



  3. The EPO's War on Justice and Assault on the Law -- Part 8: The Radical Student “Brotherhood”

    The latest part in this series explores the roots of Judge Josefsson; that can help explain how Benoît Battistelli constructed his stacked EPO ‘court’, which he and António Campinos basically control to rubber-stamp whatever illegal practices they engage in (in pursuit of money and power, at the expense of the law)



  4. Christoph Ernst Lecturing Us on “Transparency” and EPO Corruption (as Well as Assault on the EPC) Becoming a “New Normal”

    The EPO’s administration continues rushing ahead with an unlawful agenda, exploiting a pandemic that’s gradually coming under control regardless to shred apart the EPC



  5. Richard Stallman's Talk About New/er Risks to Free Software (Free as in Freedom-Respecting, Libre)

    Richard M. Stallman (RMS) gave the above talk not too long before the attacks on him intensified greatly, serving to silence him for nearly 2 years



  6. Jacques Michel and Willy (Guillaume) Minnoye: Stakeholders in EPO Lawlessness

    Former EPO Vice-Presidents who wish not to be held accountable for what they did in the Office (or be chased after leaving their duties, finishing/ending terms there) are adding fuel to the illegal agenda of an EPOnian regime



  7. Links 15/5/2021: Godot 3.3.1 RC 2 and Pine64 Hardware in Focus

    Links for the day



  8. The EPO's War on Justice and Assault on the Law -- Part 7: Calle's Strange Metamorphosis

    Sources believe the “legal anarchy” that EPOnia became notorious for, especially when it comes to handling referrals at the EPO‘s BoA, will become a dark legacy — a legacy that would, if he was alive, disappoint even Josefsson’s source of inspiration



  9. Making up Law at the EPO

    Another video about the ongoing EPO series and some news/commentary from around the Web



  10. Over a Thousand Videos (or Audio Files) and More Protocols Supported

    From just a Web site (ordinary HTTP/S protocol) we've expanded to alternative channels of communication; this is a quick roundup, with focus on last night's development work (already pushed into our self-hosted Git repository)



  11. IRC Proceedings: Friday, May 14, 2021

    IRC logs for Friday, May 14, 2021



  12. Nathan Proctor: Right to Repair and the DMCA

    LibrePlanet 2019 video



  13. [Meme] Calle Calling...

    The values of the Habermasian EPO judge depend on who’s paying the salary



  14. The EPO's War on Justice and Assault on the Law -- Part 6: The Habermasian Who Warned About “Legal Anarchy”

    The political orientation of a Benoît Battistelli-appointed EPO judge who has the audacity to talk about legal anarchy and bemoan abuse of the law; the António Campinos administration extended his term until (at least) 2027



  15. Paid-for Plugs and Coordinated Marketing Fluff (PR Campaigns) Are Ruining 'Linux' Sites

    Junk 'articles' (just marketing disguised as 'news') spoil the World Wide Web; companies repeat the same sales pitch over and over again, sometimes leveraging what they perceive to be avenues read by geeks



  16. Links 15/5/2021: GCC 8.5, Fedora Community Revamp

    Links for the day



  17. Links 14/5/2021: FreeBSD on the Pine H6, Red Hat Hiring

    Links for the day



  18. Protecting Freenode is Protecting the Free Software Movement

    Freenode may seem like a negligible corner of the Internet, which media never bothers mentioning at all; but Freenode, which many have come to take for granted, is core infrastructure for many Free software projects and protecting the network is essential for the Free Software Movement



  19. EPO Justice

    Justice in Europe's second-largest institution, where the law itself is a second-class citizen



  20. IRC Proceedings: Thursday, May 13, 2021

    IRC logs for Thursday, May 13, 2021



  21. Understanding How Freenode (IRC) Works -- or Doesn't Work -- in 2021

    There is a conflict going on behind the scenes at Freenode, but there are also sincere and well-meaning attempts to undo the damage and get back to normal



  22. [Meme] Judges the Office Cannot Control Are Just Nazis With Weapons in Their Office...

    The EPO hasn’t been run by grown-ups for over ten years; Benoît Battistelli, António Campinos and their confidants cannot grasp the concept of law, just blind loyalty



  23. The EPO's War on Justice and Assault on the Law -- Part 5: Battistelli's “Swedish Chef”

    The EPO's 'courts' are controlled by the people whom they're supposed to judge on; this has been the case for at least half a decade



  24. Links 14/5/2021: KDE Plasma 5.22 Beta and GNOME 40 in Gentoo

    Links for the day



  25. Audio: “Unjust Computing Clamps Down” by Richard Stallman

    The FSF has finally uploaded the LibrePlanet talk of Richard Stallman



  26. Links 13/5/2021: KDE Gear 21.04.1 and LibreOffice 7.0.6

    Links for the day



  27. The EPO's War on Justice and Assault on the Law -- Part 4: The President of the Boards of Appeal

    A deeper look into the ‘sausage factory’ that is EPO tribunals certainly helps us understand the inherent bias of many decisions, including a recent decision on European software patents like a controversial simulation patent



  28. Judging the Judges

    Today we shall take a closer look at Carl Josefsson, a person who shall become a figure of interest if he sends EPO courts to the United States in clear violation of the EPC (looking to rubber-stamp an unlawful decision already made before this case even started)



  29. When EU Authorities Tell You to Complain to the EPO Itself About EPO Privacy Violations...

    “Kafkaesque” at the EPO; Kafka could do a whole novel about the flirtations with or affairs of ‘justice’ at the EPO



  30. The Need for Reliable Governance at Freenode

    Why the current and high-profile (albeit somewhat covert) owner of the network, who seems to care about Free software (it has made him very wealthy), should put the whole thing in reliable hands and not attempt to 'monetise' it in any way


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