Bonum Certa Men Certa

European Commission Disappoints Regarding Free Software and Patents

Siim Kallas - GWB
Siim Kallas with George Bush



Summary: Why the European Commission continues to disappoint freedom proponents following staff changes and perhaps a little entryism

BELATED criticism of the second version of EIF [1, 2, 3, 4, 5] is coming all at once. The Red Hat-run site, opensource.com, has just posted yet another interpretation of the EIFv2, this time not Red Hat's official response. It starts with:



In December, the long awaited version 2.0 of the European Interoperability Framework (EIF) was released by the European Commission. Version 1.0 had defined “open standard” as royalty-free, a definition of enormous impact on standards policy because it focused on the user perspective rather than the perspective of standards development organizations. Some standards organizations claim that “open standards” refers only to the way the standard was developed – not the terms of availability. In addition, some argue that “fair, reasonable, and non-discriminatory” licensing (FRAND or simply RAND – without the “fair,” as it is known in the U.S.) should be the baseline for openness, not “royalty-free” (RF).

EIF v2 takes the broader perspective on “openness” – that it pertains to the terms of availability, not just the process under which the standard is developed. However, it drops the requirement that “open” = royalty-free. In fact, even “fully open” does not mean royalty-free. The key section reads:
If the openness principle is applied in full…. Intellectual property rights related to the specification are licensed on FRAND terms or on a royalty-free basis in a way that allows implementation in both proprietary and open source software.
This seems to say that RF is no more open than (F)RAND, although RF is in fact an especially open subset of (F)RAND. Unless there are unusual special requirements, anything licensed royalty-free is commonly considered to be available under “free, reasonable, and nondiscriminatory” terms.


To save people the trouble of reading it all, in conclusion states the author:

PCAST is not the government but it is the highest private sector advisory body on science and technology. Its views are taken seriously, especially on something as fundamental as de facto definitions. The European Commission is a government agency and in this case is dealing with procurement and interoperation within government agencies. In the new version of the European Interoperability Framework, it has backtracked, offering guidance that defies common understanding. It muddles the policy framework by introducing new ambiguities and perpetuating debate about fundamental definitions. considered to be available under “free, reasonable, and nondiscriminatory” terms.


It turns out that we also missed the announcement from APRIL, which said: "EU Commission moving away from interoperability for European public services."

The European Commission released on December 16th, 2010 its communication relative to its "Interoperability Strategy and Framework for public services". This document is carrying on an unacceptable reversal on interoperability issues, and ratifies the disappearance of open standards, which were already threatened by the Digital Agenda for Europe.

[...]

April is therefore staying alert in order to ensure that Free Software players will not be excluded from the actions that will be set forth following this communication.


The FFII's president notes that Europe drops the ball even with its own software:

For technical reasons, the GPF editor has been designed as a Windows application.


Around the same time, the FFII folks saw some worrying material regarding the European Commission. As noted the other day, there is an inexplicable rush to advance the EU patent, which this document from December in Brussels helps elucidate by stating: "On 1 August 2000, the Commission adopted a proposal for a Council Regulation on the Community patent[1]. The Commission proposed the creation of a unitary Community patent which would co-exist with national patents granted by national patent offices of the Member States and European patents granted under the European Patent Convention (EPC) by the European Patent Office (EPO). As a well functioning centralised patent granting system had already been set up in Europe by the EPC in the 1970s, it was envisaged that the Community patent would also be granted by the EPO. Users of the patent system would be free to choose which type of patent protection best suited their needs.

"The Commission proposal aimed at the creation of a Community patent that would be attractive to the users of the patent system in Europe, in particular by proposing simplified and cost-effective translation arrangements. In particular, the Commission proposed that after grant of the Community patent by the EPO in one of the official languages of the EPO (English, French or German) and publication in that language together with a translation of the claims into the other two official languages of the EPO, the Community patent would have taken effect in the entire Union."

It has been demonstrated before that the European Commission was changed from the inside (staff changes). It no longer seems as Free/open source software-friendly as it used to be, so its response to CPTN does not surprise us.

Recent Techrights' Posts

Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
"But Corruption is Everywhere"
"We'll always have Polio..."
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025