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

Lies Need to be Corrected
the Court never invited us
 
Taking Stock of a Week's Worth of EPO Leaks
We remain committed to exposing EPO corruption as long as it keeps happening
Mathieu Parreaux claims FINMA knew since day one
Reprinted with permission from Daniel Pocock
Calumny, Libel, Joerg Jaspert & debian-private untouchable cyberbullies
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 16, 2025
IRC logs for Thursday, October 16, 2025
Techrights Turns 19 in 3 Weeks
coverage of suppressed topics and protecting all sources/whistleblowers
International E-Waste Day Same Day as End of Vista 10
message from Akira Urushibata
The EPO's Central Staff Committee Presents Evidence That Staff Compensation Lowered While the Office Increases Income by Illegally Granting Invalid Patents
These people become millionaires by doing illegal things
Second or Third Wave of Microsoft Mass Layoffs in October 2025, This Time Portugal
Those are just the ones we know about, there may be several more
'Help Net Security' (helpnetsecurity.com) May Have Become a Slopfarm as Well
Zeljka Zorz, Editor-in-Chief at Help Net Security, was reported to us
Gemini Links 17/10/2025: Rant About Network Solutions, Strange Anomaly on Lagrange
Links for the day
EPO Staff Representation Lacks Social Dialogue With Relevant Management, Controversial and Sometimes Illegal Policies Implemented Without Necessary Input
"In this open letter, the CSC requests that the President submits an agenda item in the next available General Consultative Committee (GCC) meeting on setting up regular meetings between the CSC and the higher management of DG1."
Links 16/10/2025: Political Leftovers and Gemini Protocol Links
Links for the day
Slopwatch: Guardian Digital (linuxsecurity.com), Slashdot, Google News, and More
Maybe one day, once the bubble pops completely, Google News will just outright delist all slopfarms
Lufthansa Modern Slavery, Joerg Jaspert (ganneff) & Debian NSB Softwareentwicklung charade
Reprinted with permission from Daniel Pocock
Links 16/10/2025: US Starting More Trade Wars With China, CIA War on Venezuela
Links for the day
SUSE Blog is Still LLM Slop, Marketing Manager at SUSE Cannot Write
Would you buy from a company or seek support from a company that cannot even write (or fakes writing)?
Pretend You're Not Dead: Microsoft Spent Almost Two Decades Rebranding Things as "Cloud, Then "AI", Now "XBox" and "Quantum"
"AI" bubble pops, Microsoft harping about "quantum" already
IBM Allegedly Found New Tricks for Silent Layoffs: LPI, Then MIS (Not PIP)
Remember that "Red Hat layoffs" won't be reported after the bluewashing
Links 16/10/2025: Red Lines and Feeding of Microsoft Trolls
Links for the day
MIT as a Propaganda Mill of GAFAM, Paid by GAFAM
"the news" today
Links 16/10/2025: Lies Euphemised as ‘Dueling Versions of Reality’ and Microsoft "Open" "Hey Hi" Resorts to Porn as No Business Model Was Found
Links for the day
The Local Staff Committee Munich (Representation of the EPO's Staff) Explains When Cluster of Pregnancies May Result in Reduced Pay
"...even one week of part-time working is sufficient to reduce the salary you perceive during the entirety of your maternity leave."
Another Black Eye for 'Secure Boot', Microsoft Media Tries to Blame "Linux"
It enables Microsoft to remotely control computers, even computers that don't run Windows and never had any Microsoft software installed
Slopwatch: UbuntuPIT, linuxsecurity.com, and Various Slopfarms in Google News Attacking "Linux"
A new survey of the Web said that the majority of the Web is now slop (that's being said in the news this week)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 15, 2025
IRC logs for Wednesday, October 15, 2025
Links 16/10/2025: Increased Use of Social Control Media Surveillance in US, French Rage Over Pensions
Links for the day
Links 15/10/2025: Qantas Airways Loses Control of Sensitive Data and Software Patents Are Being Thrown Out
Links for the day
Vista 10 is 'Dead', Here's Why People Should Move to GNU/Linux (or the BSDs)
Today we try to make an outline of reasons move away from Windows to GNU/Linux
Our Sites Continue to Improve
LLM slop has had no noticeable impact on us
Gemini Links 15/10/2025: Neovim, Helix Compared and Gemlog.blue Now Closed
Links for the day
Links 15/10/2025: Mass Layoffs at Amazon, OneDrive Spyware Revved Up, More 'Gen Z Protests'
Links for the day
The EPO's Staff Engagement Survey 2025 is Already Tainted by Intimidation by EPO Management (Trying to Influence Outcomes by Scaring Genuine, Honest Critics)
"[W]e have received reports that, following the previous survey, teams with negative responses were reproached or questioned about their answers..."
The DDoS Attacks by Microsoft's Scam Altman and Other Slop Charlatans and Frauds is Hurting the FSF, Delinking It From Copyleft Projects
This impacts a lot more than access to the licences
Microsoft Scanning Faces in Photos People Upload to Microsoft (Even Unconsciously), Slashdot Turns Report About It Into "Microsoft Sez" (Says)
Or "let's repeat the lies from a PR person/Microsoft's publicist"
[Teaser] Angel Aledo Lopez the Manipulator (Nepotism, Poll Rigging, and Other EPO Corruption)
We'll discuss this later today or tomorrow, based on internal EPO material
Attacks on Techrights Are Only Making Techrights Bigger and Even More Popular
A week ago they offered to settle with us
Epic Metaphor for End of IBM: "The IBM Demolition is Down to the Last Shards!"
Nothing lasts forever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 14, 2025
IRC logs for Tuesday, October 14, 2025
Proprietary and DRM Prisons Spiralling Down the Sinkhole? Not Just Yet.
Let's hope that more people will flee to GNU/Linux
The European Patent Office (EPO), the Second-Largest Institution in Europe, is Cracking Down on Recreational Activities
Without AMICALE activities, and as staff already says it's pressured to work more for less, how can the EPO recruit bright people?
Transparency: FSFE financial reports exclude speaker fees and expenses
Reprinted with permission from Daniel Pocock