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

IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026