Bonum Certa Men Certa

RAND Mobbyists, Lobbyists, and Microsoft AstroTurfers in IP 2010 (Brussels)

The Rand Pauls of RAND

Rand Paul portrait by Gage Skidmore
Photo by Gage Skidmore



Summary: Rough tactics used to promote Microsoft's scheme wherein Free software gets taxed by Microsoft, even in places like Europe where software patents are in principle not legal

THE CONSENSUS that Microsoft is decreasingly a technology company (far fewer products) and increasingly a patent troll and political movement is gradually getting a foothold. As more and more Microsoft products get axed, the company will qualify as a patent troll (non-practicing entity) in more areas where it's just extorting its competition which won.



In order for Microsoft to become more effective as a patent troll, Microsoft will need to modify some laws. Microsoft cannot do this directly as it would get blasted for attempting it. So Microsoft hires and bankrolls several front groups that do he lobbying. We wrote well over a hundred posts giving examples of this type of activity as we hope to document and to map the vectors of lobbying (which in turn weakens them or sometimes forces them to nymshift).

The Microsoft agenda du jour is pushing RAND into Europe. Microsoft apparently failed to do this in India. Simon Phipps, a Brit, has just explained why RAND is "Not So Reasonable". It's a decent new essay on this old subject:

Fair, Reasonable, Non-Discriminatory - surely that all has to be good stuff? RAND sounds so good, and it's been showing up in all sorts of news lately. It's a key part in the negotiation of licenses for patents that apply to standards, and it stands for "Reasonable And Non-Discriminatory", excellent words that it's hard to criticise. Sometimes it shows up as FRAND, with "Fair" in front making it sound even better, or as RAND-z, with the Z indicating that whatever the license terms are they will have a zero pounds price ticket attached.

RAND appears in the rules and procedures of most standards organisations and actually does a great job in most of them. It's far better than the alternative, which is for patent holders to be able to either license their patents at whatever price each victim will pay, or to make the standard almost impossible to implement by anyone they don't want to be able to by selectively withholding a license. You can understand why a standards group would want to mandate RAND, FRAND or RAND-z, given the alternatives.

Of course, there is the obvious question of why any standards body would allow something to become a standard in the first place if one of the companies contributing to it holds a patent on a technique essential to implementing it.


Simon Phipps tells Carlo Piana (another person who stands for Europe's interests, not Microsoft's): "Want to make any bets on how long it will be before I get a troll comment?"

Well, guess what? Yes, it didn't take long for mobbyist Microsoft Florian to hit this piece with a troll comment promoting RAND, as usual. His position on this subject is virtually identical to that of Microsoft lobbyist Zuck (and his fellow minions). How predictable it must have been for Simon Phipps. He probably knew exactly who it would be with the "troll comment". Just mention RAND and this mobbyist will soon show up. Just about any piece against RAND is being heckled/trolled by Microsoft mobbyists other than him, but that's what we ought to expect given the billions of dollars Microsoft has at stake. Professionally speaking, Florian is all about Microsoft (.NET developer, never using GNU/Linux, proudly using Vista 7 while pretending to be a FOSS person who opposes software patents). We'll come to more of that in a moment.

“RAND describes a superset of behaviours. Some RAND requirements lead to RF terms. The existence of trivial counterexamples where RAND standards have GPL implementations allows trolls to thus discredit this position.”
      --Simon Phipps
Glyn Moody gets involved in this debate as well (in Identi.ca). He tells Bradley Kuhn (FSF) for example: "generally, yes, but it [RAND] an be crafted in abnormal ways to be compatible." Kuhn does not quite agree. To Phipps he writes: "I may have misread. My take-away was: "sometimes, #RAND works out for FLOSS, but usually doesn't." I don't agree w/ nuance." To Phipps and Moody he later writes: "It's tough to get FLOSS hackers to follow patent licensing nuances, so simplifications help, ala "#RAND = #problematic" [...] my 1st yr CS teacher said: "We must lie a little here" b/c the nuances required prereqs we didn't have. Similar here." Phipps tells Kuhn: "RAND describes a superset of behaviours. Some RAND requirements lead to RF terms. The existence of trivial counterexamples where RAND standards have GPL implementations allows trolls to thus discredit this position."

The mobbyist has already resumed badmouthing Android, spreading misinformation about a Vertical lawsuit against Samsung and LG (he closed all the comments in his blog after he had been exposed repeatedly by commenters, so nobody can correct him where he leads journalists whom he mass-mails). He characterises it as an anti-Android lawsuit even though it is slightly more complex than that. But never mind accuracy. The mobbyists are supposed to confuse people who don't know better, making absurd statements that may capture gullible bystanders who curiously pass by.

Watch what the mobbyist did with Nancy Gohring, who covers a lot of Microsoft since years ago. She took this one assignment/story for IDG and was possibly fed by one of Florian's pseudo-personal E-mails (he personalises identical messages which he pushes to many journalists while presenting himself as an opponent of software patents). Gohring wrote:

Android faces a new threat with a lawsuit that Vertical Computer Systems filed Monday against Samsung and LG.

Vertical alleges that certain Samsung and LG Android-based phones infringe two of its patents that describe systems for generating applications. In the suit, filed in the U.S. District Court for the Eastern District of Texas, Vertical names the LG Ally, four Samsung Galaxy models and Samsung's Galaxy Tab tablet computer as products that use the patented technologies.


She is then linking to the mobbyist, who is mass-mailing journalists to get his version of the story told (and it's Linux-hostile). We don't know for sure if Gohring was fed by the mobbyist, by judging by the way it is written (with his own fake introduction to himself), it's very likely to be the case. He is still pretending that he is against software patents because this is how a lobbyist should present himself to journalists (for credibility, even if it's bogus, like fronting for a monopoly while pretending to speak for small businesses). We do not appreciate his active-aggressive approach towards journalists, wherein he pressures them (with unsolicited mail for the most part) to get his version of the story told, then brags about it as though he was spontaneously quoted for being more accurate or insightful. Then again, that's just how lobbyists in general work. ACT works like this. They are media subvertors, who try to sway public opinion. The mobbyist also copies and pastes a lot, posting identical or nearly identical comments in many sites and forums such as Slashdot, Ars Technica, and LWN. As usual, he received aid from Dana Blankenhorn, whom he met some weeks ago. Blankenhorn mentions us in a negative way because he refuses to listen to many other FOSS proponents who repeatedly explain to him Florian's agenda. He should read his comments more carefully and reflect. Maybe one day he'll realise and admit that he got bamboozled.

Anyway, not only the mobbyists are actively promoting RAND right now. Watch this new schedule for IP 2010 and scroll down to ACT, the RAND lobbyists (with software patents inside). Under "6C Software Patents, Open Source" we found "Jonathan Zuck", who pretends to stand for Belgium (who is he kidding really?).

Glyn Moody says that "EC & EPO want to explore "tensions" between ICT standards and patents" (in reference to this). He rightly asks (in Identi.ca), "isn't it decided?"

You can tell just by its framing: this is "a conference to address some specific issues on patents and ICT standards". ICT is mostly about software, and yet software cannot be patented "as such". So, in a sense, this ought to be a trivial conference lasting about five minutes. The fact that it isn't shows where things are going to head: towards accepting and promoting patents in European standards, including those for software.

That's not really surprising, given who are organising it - the European Commission and the European Patent Office (EPO). The European Commission has always been a big fan of software patents; and the EPO is hardly likely to be involved with a conference that says: "you know, we *really* don't need all these patents in our standards."

Of course, the opposite result - that patents are so indescribably yummy that we need to have as many as possible in our European ICT standards - must emerge naturally and organically. And so to ensure that natural and organic result, we have a few randomly-selected companies taking part.


This sort of fake debate (like the one we find in climate change) is summoning the fake controversy which the mobbyists and lobbyists work so hard to create. They want to distract with questions which ought to be trivial and instead put disinformation at the centre of it all.

Recent Techrights' Posts

'Cancel Culture' Doesn't Work (in the Long Run)
Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
GNU/Linux Still up (statCounter Says to 6%) in Bosnia And Herzegovina
Let's see where it is at year's end
Making Layout Changes
Feedback can be sent to us
Behind an Economy of Fake 'Worths' and Fictional 'Valuations' or 'Market Caps'
They normalise white-collar crime and say "everyone is doing it!"
Links 18/01/2026: "South Africa is Running Out of Software Developers", Companies Spooked to Find Slop is a Major Liability
Links for the day
Place Your Bets: Who Will Die First? Microsoft or IBM?
Not even joking; make a guess
Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
 
Links 18/01/2026: The "Deepfake Porn Site Formerly Known as Twitter" and Turkey to Block Kids' Access to Social Control Media
Links for the day
Gemini Links 18/01/2026: Against English as Language of the Net, "Symposium of Destruction"
Links for the day
You Would Expect This Kind of Misleading Narrative Shortly Before Microsoft (or GAFAM) Mass Layoffs
misleading PR
FOSDEM 2026: democracy panel, GNOME & Sonny Piers modern slavery experiment
Reprinted with permission from Daniel Pocock
Pump-and-Dump With IBM Shares, Courtesy of People Who Stand to Gain From the 'Pump'
"3 Reasons to Buy IBM Stock Right Now"
IBM: Spying on Staff Like Never Before and Implementing Silent Layoffs This Month, Say Insiders
what we heard from whistleblowers seems to corroborate
IBM is Not a Free Software Company (It Never Was)
Red Hat's main product, RHEL, is full of secret sauce and has 'secret recipes' (it is basically proprietary)
IBM Turning Up the 'RTO' (Stress) and 'PIP' (Fear) Heat on Workers, Rebellion May be Brewing
Sometimes it feels like today's executives at IBM view IBM workers as a liability
Links 18/01/2026: Indonesia Against Comedy, Media-Hostile (Censors Comedians) Convicted Felon in White House Defecting to Opponents of NATO
Links for the day
Eventually the Joke (and Financial Fraud) is on Microsoft, Stigmatised for Slop
Is Microsoft trying to commit suicide?
GNU/Linux Leaps to All-time Highs in Virgin Islands
it seems to have started around the "end of 10"
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
Links 17/01/2026: Internet Blackout Normalised, Russian Attacks Civilians by Causing Massive Blackouts
Links for the day
Microsoft Lunduke Keeps Distracting From the Real Problems With Rust
Microsoft Lunduke is stigmatising critics
Linuxiac Has Become a Slopfarm, Calling Them Out Isn't Fixing That
What a shame. A once-decent site about "Linux" bites the dust.
Luzern Lion Monument, Albanian Female Whistleblowers: Swiss jurists were cowards
Reprinted with permission from Daniel Pocock
The Splinternet is Already Here, Owing to the Militarisation of Technology (Slop, Social Control Media, Back Doors, and More)
you know what's gonna happen next...
Stack Ranking Against IBM/Red Hat Staff and a Signal of Mass Layoffs (RAs) Justified by Red Hat and IBM as Poor Performance/Misconduct/Other
Working in an atmosphere like this sounds like a nightmare
Gemini Links 17/01/2026: Slow computing and Environment Leak
Links for the day
Links 17/01/2026: US Censorship and Violence Crisis, Growing Anger Levels Against Slop Sold as "Intelligence"
Links for the day
Microsoft's "valuation depends on infrastructure that does not exist."
Indeed
The Typical Trajectory: Datamation Began Experimenting With LLM Slop for Fake Articles. Then Datamation Died. (Last Month)
It's always ending up this way
Accounts or Devices (e.g. Phones) That Get 'Burnt' Have Many Pitfalls
Embassies and consulates habitually fail at this
Avoiding the Spooks (Nobody Watches the Watchers, They're Practically Unaccountable)
If more people adopt encryption, it'll be easier for us to deal with whistleblowers
Protecting Whistleblowers Requires Technical Knowledge/Skills
even the highest media judges aren't aware of how to protect sources
At Least 5 Women Quit Brett Wilson LLP in Recent Months. It's the Firm That Attacked My Wife and I on Behalf of Americans (One of Them Strangled Women).
It seems like good news that the women escape this workplace
Slop About Slop and Slop About "Linux"
In short, avoid slopfarms
Report/Benchmark Says 'Vibe Coding' Results in Security Holes
There are risks they don't like talking about
EPO Abuses Covered in Spanish
Knowing what we know (and heard/saw), the sinister silence of the media is perceived by some to be complicity of the lower order.
Richard Stallman Encourages "ICE Out For Good" Protests, His Opponents Do Not (Passive and Uncaring About Human Rights)
He has done a lot philosophically, politically, and so on
Record Traffic in Geminispace or Over Gemini Protocol
it's never too late to join
The "Alicante Mafia" - Part III - Europe's Second-Largest Organisation on Strike, Protests, Other Industrial Actions to Come Impacting Over 95% of the Workforce
The EPO's management is highly evasive, weak, and vulnerable
Claim That IBM Marked 15% of its Workforce for Potential Layoffs
No wonder we keep hearing from Red Hat people who say they hate IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 16, 2026
IRC logs for Friday, January 16, 2026
Great Reset at IBM, the Company That Pulps Red Hat
In 2026 many workers are RTO'ed, PIP'ed, and at Red Hat many have effectively 'left the company' and now start afresh as "IBM" staff
The "Alicante Mafia" - Part II - Breakout of Discontent This Winter in Europe's Second-Largest Organisation
So far we've caused a lot of panic and stress inside Team Campinos
The "Alicante Mafia" - Part I - An Introduction to the Mafia Governing the EPO
Are some people 'evacuating' themselves to save face?
J.H.M. Ray Dassen & Debian, Red Hat, GNOME unexplained deaths
Reprinted with permission from Daniel Pocock
At Microsoft, "Firing People is a "Cheat Code" to Pump the Stock Short-term But They Are Literally Destroying the Company's Soul Long-term."
They frame layoffs as a "success story"
Gemini Links 16/01/2026: "Porting My Main Website Over to Gemini" and Seeed Studio DevBoard
Links for the day
IBM Stacked and Ranked Badly, Maladministration Dooms the Company
Now they stack people up for PIPs and layoffs ("RAs")
Google News Poisons Its Own Index With More Slopfarms (Including "filmogaz")
Naming and shaming lazy slobs who rip off other people using LLMs can work, eventually
Links 16/01/2026: UK Royal Family's "Legal Team Accused of Dishonesty, Fraud and Misconduct", OSI Still Controlled by Microsoft (the OSI's Spokesperson is on Microsoft's Payroll, Not Interim Executive Director, Deborah Bryant)
Links for the day
Writing About Corruption
Fraud is everywhere
The B in IBM is Brown-nosing and Buzzwords (or Both)
International Buzzwords Machines
Naming Culprits in Switzerland
Switzerland is highly secretive about white-collar crime
IBM's 'Scientific-Sounding' Tech-Porn Won't Help IBM Survive (or Be Bailed Out)
Who's next in the pipeline?
IBM Was Never the Good Guy
its original products were used for large-scale surveillance, not scientific endeavours
The Bluewashing is Making Red Hat Extinct (They All Become "IBM", Little by Little)
IBM does not care what's legal
Slopfarms Push Fake News About Microsoft Shutdown, 30,000+ Microsoft Layoffs Last Year Spun as Only "15,000"
The Web is seriously ill
Countries Take Action Against Social Control Media and 'Smart' 'Phones', Not Slop (Plagiarised Information Synthesis Systems or P.I.S.S.)
None of this is unprecedented except the scale and speed of sharing
Sanitised Plagiarism as "AI" (How Oligarchy Plots to Use Slop to Hide or Distract From Its Abuses, or Cause People Not to Trust Anything They See/Read Online)
This isn't innovation but repression
Sites That Expose Corruption Under Attack, Journalism Not Tolerated Anymore (the Super-Rich Abuse Their Wealth and Political Power)
Sometimes, albeit not always, the harder people try to hide something, the more effective and important it is for the general public
Recent Layoffs at Red Hat (2026 the Year of Ultimate Bluewashing)
I found it amusing that Red Hat's CEO has just chosen to wear all blue, as if to make a point
Links 16/01/2026: Social Control Media Curbs in Australia Underway, MElon Still Profiting by Sexualising Kids 'as a Service'
Links for the day
More People Nowadays Say "GNU/Linux"
We still see many distros and even journalists that say "GNU/Linux"
LLM Slop on the Web is Waning, But Linuxiac Has Become a Slopfarm
I gave Linuxiac a chance to deny this or explain this; Linuxiac did not
More Signs of Financial Troubles at Microsoft, Europe Puts Microsoft Under Investigation
The end of the library is part of the cuts
Team Campinos Talks About SAP Days Before EPO Industrial Actions and a Day Before the "Alicante Mafia" Series (About Team Campinos Doing Cocaine)
EPO staff that isn't morally feeble will insist on objecting to illegal instructions
Pedophilia-Enabling Microsoft Co-founder Cuts Staff
Compensating by sleeping with young girls does not make one younger
Microsoft Shuts Down Campus Library, Resorts to Storytelling About "AI" to Spin the Seriousness of It
Microsoft is in pain
Free Software Foundation (FSF) Back to Advertising the Talks of Richard Stallman
A pleasant surprise
Stack(ed) Rankings and Ongoing Layoffs at Red Hat and IBM (Failure to Keep Staff Acquired by IBM)
IBM is mismanaged and its sole aim is to game the stock market (by faking a lot of things)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 15, 2026
IRC logs for Thursday, January 15, 2026
Gemini Links 16/01/2026: House Flood and Pragmatic Retrocomputing Dogfooding
Links for the day