Bonum Certa Men Certa

Then, They Fight You... by Buying Some New Laws

"...yesterday we were notified that the Microsoft representative in charge with the education strategy had requested the organizers to pull the Ubuntu presentation because it is 'unfair competition' to hold such a presentation at an event sponsored by them. They are indeed co-sponsors but the conference is organized by the Ministry of Education and its local office, and is being held on the premises of a public University."

--"Then, they fight you," May 2008



The question of Free software adoption (or contrariwise -- obstruction) continues to involve some heavy doses of corruption, so herein we study some of the methods which are actively used against GNU/Linux and other disruptive trends, especially in light of news items that cannot escape without comment.

RAND



The ugly nature of RAND was discussed recently in [1, 2]. Microsoft, for instance, embeds its RAND routine in Mono and OOXML. It's a tool for monopolisation and control of rivals. One recent case, which demonstrated just how nasty a RAND can be, revolved around Rambus [1, 2, 3, 4, 5, 6, 7, 8]. Let this new blog post remind you what it's all about.

By the time Rambus announced its patents and began demanding royalties (and filing patent infringement suits against companies that refused to pay royalties), Rambus had achieved a technical “lock-in” that made it difficult for the memory chip industry to move to a different technology. Rambus’s lock-in allowed it to obtain a 90% market-share, and demand supracompetitive royalties from companies that were producing JEDEC-compliant memory devices. Rambus has earned several billion dollars in licensing fees to date, and by some estimates its total royalties are could reach as high as $11 billion.


Think about OOXML, which is RAND-'protected' in the sense that it 'protects' itself from this 'nasty' thing called the GNU GPL. Expect more of the same poison to be spread via Microsoft technologies which are queued in the pipeline. For granted, Novell will continue to help Microsoft with this. It's Novell's new business model (since 2006).

Here is another month-old example of RAND nastiness. [via Digital Majority]

Now, here an example of a RAND (Reasonable And Non Discriminatory) licensing model, this one has been made by Cisco about VRRP :
Cisco is the owner of US patent No. 5 473 599, relating to the subject matter of "Virtual Router Redundancy Protocol for IPv6 <draft-ietf-vrrp-ipv6-spec-04.txt>. If technology in this document is included in a standard adopted by IETF and any claims of this or any other Cisco patent are necessary for practicing the standard, any party will be able to obtain a license from Cisco to use any such patent claims under reasonable, non-discriminatory terms to implement and fully comply with the standard.
First you need to contact Cisco to have a license but the terms are unknown. "Non-discriminatory" is vague and could be an issue for any free software implementation.


That would be convenient to Cisco, but not to any of its rivals. Therein lies the importance of vendor-independent protocols and formats such as ODF.

Media Codecs



In a similar vein, Microsoft lobbyist (dare we say "shill"?) Jonathan Zuck seems engaged in another new mission to ensure Europe's media formats remain discriminatory and require payments to be made (i.e. make Free software an impossibility). In his latest logical gymnastics he's trying to pretend to have agreed with FFII while at the same time pushing for Microsoft-esque technologies to be required.

We need to work together on live streaming challenge


Jonathan Zuck's crusades against ODF, against the GPL(v3), and for software patents in Europe were noted before. We have already expressed an opinion about such lobbying in general.

There is already a response to the latest FUD from Zuck.

To correct the article of EurActiv, the 2 petitions are not about free software adoption, but well about free and open standards, which are not the same as free software. So the article of EurActiv misses the point and has a confusing title.


In addition to this, a clarification was made to make people aware that the European Parliament shuts the door in the face of those who don't have proprietary "special software".

In order to find out what your members of European Parliament are doing, you need some special software. Europe by Satellite (EBS) is only for those people who have the right software.

[...]

None of those protocols and file formats are described in specifications, neither they are standardized nor free of patents or other restrictions. Why Europe is choosing technology which is not accessible to everybody, regardless of the platform?


Remember the recent story (possible corruption) from Hungary? Remember the BBC? That's just how it's done. Lobbyists and spinmeisters are used as agents of monopolisation, by intruding government authorities and deceiving them on technical decisions that are made. They impose lock-in 'from the top', so to speak, by requiring basic things like tax submission and communication with Parliament to be dependent on specific software vendors.

Rocket Docket



Blackboard, the very bothersome patent troll whose portfolio has been harassing FOSS projects [1, 2, 3], is getting stung again [via Digital Majority], having recently suffered defeat. Will it finally learn (pun unintended)?

TechRadium sues Blackboard over patent



[...]

TechRadium develops and sells a mass communication messaging systems that allows a "group administrator to send a single message that will be delivered to the members of [a] group via numerous communication devices such as cell phones, pagers, standard landline telephones and e-mail," according to TechRadium's complaint.


Quoted above is the claim, which hopefully illustrates superficiality. Unsurprisingly, TechRadium is a "Texas-based technology company." In addition, as one can just about guess, it "filed a patent infringement lawsuit Monday against Blackboard in U.S. District Court for the Eastern District of Texas." Yes, once again it's that Rocket Docket, which even Law.com is addressing.

Will the 5th Circuit Ground an Eastern District of Texas Rocket Docket?



In a mandamus case that could significantly alter one of the hottest federal civil dockets in Texas, the full 5th U.S. Circuit Court of Appeals heard arguments on Thursday over whether a trial judge's discretion should be limited when a party moves to transfer venue.


Digital Majority had dug up some articles from 2006 to show just how often the slack treatment in the Eastern District of Texas is being misused. Will someone, anyone, somewhere, finally take care of this loophole?

Software patents are bad enough as they are, but for these patents to be seen as valid and assure settlement out of court due to one dysfunctional district court seems utterly inexcusable. It encourages programmers to apply for more software patents and it casts a shadow over the legitimacy of Free software. It taken one rotten egg to poison the entire well.

Comments

Recent Techrights' Posts

Investigative Journalism Protects Society From Corruption, Crimes Against Women, Assaults on Civil Society
"what is the point of men doing military practice to defend a system that is so rotten?"
Swiss pimp usurping reputation of legendary Tissot boss Francois Thiébaud from France (BaselWorld, SWATCH Group SA)
Reprinted with permission from Daniel Pocock
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Richard Stallman to Give Public Talk in 3 Hours, Then in the Technical University of Munich (Germany) Next Week
Richard Stallman at TUM on 21.10.2025 18:00, MW2001
Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
 
The EPO's War on Techrights Was a Massive Mistake
The EPO started the SLAPPs after we had published a few hundreds of articles; we've since then published close to 6,000 because the attacks on us emboldened insiders to help us
General-Purpose Computers to Become Growing Area of Coverage
Without them, we have little left for controlling our lives
"They missed a great opportunity to shut up." -Jacques Chirac
Brett Wilson LLP has been trying to cheat the legal system many times
Harassment evidence: Switzerland, overcrowded fitness and yoga centers, incompetence and racism in accident response
Reprinted with permission from Daniel Pocock
Vincent Danjean & Debian NXIVM collateral, blackmail risks
Reprinted with permission from Daniel Pocock
In Sweden This Past Friday Richard Stallman Explained Why Copyleft is Important
And he didn't have to 'bash' BSDs, either
Dystopian Trends in Technology Make Richard Stallman More Relevant Than Ever
It's good to see him attracting vast audiences
IBM Layoffs Due to a Lack of Money and Company Debt Rising by Almost 10 Billion Dollars in 6 Months
IBM didn't buy Red Hat for any ideological reasons; it was a fast "cash grab" for revenue
Forbes Already Stopped Being a News Sites. Now It's a Spam and Propaganda Platform for "Paying Partners" (Companies).
news from Forbes became very scarce
Is the Second-Largest Institution in Europe (EPO) Gradually Becoming More Like a Sweatshop?
Underpaid, unqualified, inexperienced and incompatible people are already recruited to replace veteran examiners
The Register MS Has No FOSS Coverage Anymore
The Editor in Chief is like a Microsoft plant
Links 13/10/2025: "Toasty Subwoofer" and WiFi Speakers "Are About To Go Dumb"
Links for the day
Gemini Links 13/10/2025: iNaturalist and Tove Jansson’s Moominpappa at Sea
Links for the day
Microsoft Does Not Deny That Large Retailers Like Walmart, Costco and Target Are Giving Up on XBox (and Not Stocking It)
No doubt XBox is in trouble and rumours suggest that more mass layoffs are imminent
We'll Encourage Richard Stallman to Talk About Software Patents at the EPO Next Week When He Visits Munich (EPO Headquarters)
Go listen to Richard Stahlmann
Arnaud Parreaux lost case defending rogue employer
Reprinted with permission from Daniel Pocock
Mathieu Elias Parreaux declared bankrupt in Switzerland
Reprinted with permission from Daniel Pocock
Breakdown of the Rule of Law and Patent Law in the European Union (EU)
The EPO cannot recruit suitably qualified patent examiners this way, let alone retain them
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025
The Same People Who Attacked Richard Stallman (RMS) Are Attacking Daniel Pocock to Discourage People From Listening to His Information
Pocock is being demonised for the same reasons and by the same people who attack RMS
Your Typical Anti-Richard Stallman (RMS) Cancellist
"About the RMS cancellation"
Richard Stallman (RMS) Has Announced His Talk in Rome Less Than 20 Hours in Advance (and on a Sunday)
Why did he wait until the night before?
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
GNU Tools Cauldron Event in Portugal: Videos Now Available via Invidious
Go have a look
The Way Things Are Going, They May Soon Stop Saying "Web Address" and Instead Say "Chrome Address"
The Web isn't built or based around open Web standards anymore. It's centered around user-agent.
Microsoft as a Golden Cage
"I was laid off by Microsoft and can't find a job. I'm weeks away from giving up my apartment and moving across the country to live with family."
Weekend Discussion About How IBM's Bluewashing of Red Hat Will Cause "Enshittification" for Users
"I worked at a software company that was acquired by IBM so I knew it was game over for RedHat the day they were acquired"
Brett Wilson LLP Getting Sued by Its Very Own Clients, a Legal Story That Has Made the Mainstream News (Law360)
Law360 or Law.com are about as mainstream as one can get in that "sector" (litigation 'industry')
Slopwatch: GNU/Linux Sites That Became Slopfarms and Spamfarms
The Web is a mess and "Linux" or "Ubuntu" sites became part of the problem
Richard Stallman's Talk 25 Hours Away, Aula Magna Palazzo del Rettorato (CU001), Sapienza Università di Roma (Piazzale Aldo Moro, 5)
The talk is 25 hours away and we see some QR code for it
Gemini Links 12/10/2025: Watches, the Depression of 2026, Gamboling with Odds
Links for the day
Links 12/10/2025: 'False' DMCA Claims and Slop Facing Perils Again (the Hype Wears Off)
Links for the day
Microsoft Has Just Lost Privacy Case in Austria and Its Latest Moves Make a Complete Ban Seem Imperative
Microsoft is not a software company, it's a spying agency that uses software to collect data
The Register MS: Microsoft is the Security Expert, Not the Prime Culprit, So Buy More Microsoft
This front page feature is devoid of any actual substance, it's just Microsoft copypasta
Stefano Zacchiroli (Zack) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Lucas Nussbaum & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 12/10/2025: "Palm Computering", Further Exploration of Slide Rules, and Key Takeaways from The Well-Grounded Rubyist
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 11, 2025
IRC logs for Saturday, October 11, 2025
Tomorrow: Founder of the Free Software Foundation and of GNU/Linux, Richard Stallman, Speaks in Roma (Rome), Italy at 4PM
GNU/Linux is more important than ever in this dystopian world
Microsoft and Apple Are Rare Topics in Geminispace
in Geminispace it's rather safe to assume everyone is into BSD, GNU/Linux, and sometimes retro
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
The Demise of Shopping in Person
In a world like this, how valued is the customer?
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025