Bonum Certa Men Certa

Cablegate: Microsoft Asks US Government to Help Derail Vietnam's Migration to GNU/Linux, Wants to Treat Vietnamese Like 'Pirates' Instead

Cablegate



Summary: Another example of an attack on Vietnam's desire for digital independence, where the attacker is both federal and corporate (a hybrid)

Vietnam made some headlines in recent years as it said it would migrate to Free software in government (GVN). As we have shown in recent days, Microsoft has used some nefarious means to stifle Vietnam's moves towards such digital independence and the American government was helping Microsoft do that. Now we are seeing another Cablegate cable where "Microsoft representatives also highlighted their concerns about recent GVN comments that it plans to switch to open source software (like Linux) to "fix" its IPR problems. While acknowledging that the decision on what type of software the GVN wants to use is up to the Government, Microsoft asked us to help convey the message that the GVN should not switch to open source for the "wrong reasons." Switching to open source does not insulate the GVN from the responsibility of ensuring that all software used by the GVN is legitimately licensed, Microsoft asserted. Econoffs noted they had already raised this issue with the GVN."



Why are state department officials lobbying for Microsoft like this? Do they not respect Vietnam's right to independence?








UNCLAS SECTION 01 OF 02 HANOI 000966

SIPDIS

SENSITIVE

STATE FOR EB/IPC:DRBEAN, EAP/BCLTV AND EB/ODC STATE ALSO PASS USTR BURCKY/ALVAREZ AND BRYAN STATE ALSO PASS USPTO FOR URBAN STATE ALSO PASS LIBRARY OF CONGRESS FOR TEPP USDOC FOR LASHLEY AND 4431/MAC/AP/OKSA/HPPHO USDOC ALSO FOR ITA/TD/OTEA/JJANICKE AND ITA/TD/SIF/CMUIR

E.O. 12958: N/A TAGS: KIPR, ETRD, ECON, VN, IPROP SUBJECT: VIETNAM: MICROSOFT FOCUSED ON IPR

SENSITIVE BUT UNCLASSIFIED PROTECT ACCORDINGLY

REF: HCMC 367

1. (SBU) Summary. While disappointed in the lack of progress in improving IPR protection in Vietnam, Microsoft remains committed to engaging the GVN on this critical issue. Microsoft and Business Software Alliance (BSA) representatives are looking at ways to encourage the GVN to adopt a legitimate software initiative and asked the USG to encourage the Prime Minister to send a letter to all GVN agencies ordering them to use only legitimate software. End summary.

2. (SBU) On March 30, Economic/C and Econoff met with Singapore and Bangkok-based representatives of Microsoft and the Business Software Alliance (BSA) to discuss Intellectual Property Rights issues in Vietnam. Microsoft employees were both regional senior managers and corporate government affairs representatives. Throughout the meeting it was clear that while Microsoft is frustrated with the lack of progress on IPR issues in Vietnam, it is committed to finding opportunities to engage with the GVN and to work out a strategy to develop positive momentum for change. Microsoft representatives indicated they would continue to engage senior level officials, including at the DPM level, to prioritize IPR issues.

3. (U) Econoffs explained that the Ambassador and Econoffs frequently highlight to GVN officials at every level two key points on the importance of IPR to Vietnam:

-- The GVN has prioritized attracting foreign direct investment (FDI) to Vietnam. Strong IPR is a critical factor attracting FDI, not only in the IT sector, but also across the board. Econoffs suggested that Microsoft work with other international software and hardware companies (including its competitors) to deliver a unified message to the GVN that IT companies will not look seriously at Vietnam until there is better IP protection. Microsoft noted that the Business Software Alliance (BSA) included a number of both hardware and software firms and was be a good vehicle for making such an approach.

-- Strong IPR enforcement is critical to the development of domestic industries that depend on IP - most notably the IT sector. Econoffs recommended Vietnam work with and provide assistance to the Vietnam Software Association (VINASA) to help this organization develop itself as a stronger advocate for the domestic software industry and improve VINASA's ability to influence government policy vis--vis IPR.

4. (SBU) Microsoft representatives noted that in their experience several things have to happen before a country is capable of effective IPR enforcement. First, Vietnam needs a strong legal framework that includes significant penalties for enforcement. Additionally high-level engagement on the issue is necessary. Microsoft noted that in some countries, a letter from the Prime Minister to all government agencies (on IP protection, including the use of legitimate software) has been the catalyst for change. And, of course, there is the need for effective enforcement. Finally, Microsoft noted that development of the private sector is also important - a domestic constituent base interested in IP enforcement is useful in engaging government action.

5. (SBU) Microsoft wants to encourage the GVN to ensure that all Government offices use only legitimate software. However, cost is clearly a concern for the GVN as well as an excuse for the negligible progress the GVN has made in this regard. Microsoft is looking into the possibility of IFI funding (ADB, WB etc) or concessionary commercial financing for a GVN strategy to implement a legitimate software initiative for all or some GVN national government entities. Microsoft representatives asked that in our engagement with the GVN - perhaps at the next BTA Joint Committee meeting in May - we suggest that a positive and tangible step the GVN could take on IPR would be to have the Prime Minister send a letter to all government agencies instructing them to use only legitimate software.

6. (SBU) Microsoft representatives also highlighted their concerns about recent GVN comments that it plans to switch to open source software (like Linux) to "fix" its IPR problems. While acknowledging that the decision on what type of software the GVN wants to use is up to the Government, Microsoft asked us to help convey the message that the GVN should not switch to open source for the "wrong reasons." Switching to open source does not insulate the GVN from the responsibility of ensuring that all software used by the GVN is legitimately licensed, Microsoft asserted. Econoffs noted they had already raised this issue with the GVN.

7. Comment: Many of the factors Microsoft mentions as essential for strong IPR protection are beginning to come together in Vietnam. While the private sector still faces significant disadvantages vis-a-vis the state-owned sector, greater attention is being given to the importance of fostering the private sector development each day. New, albeit fledgling, business and music associations are cropping up with IPR enforcement at the top of their list of priorities. In addition, donors (including the USAID-funded Support for Trade AcceleRation (STAR) Project) and the GVN are dedicating significant resources toward revising IPR- related legislation, including Vietnam's Civil Code, Civil Procedure Code and regulations on remedies. However, the GVN is not "leading by example" on the issue of copyright piracy. Government agencies of all shapes and sizes are loaded down with pirated software. An effort by the GVN to move toward comprehensive use of legitimate software - even if it is done ministry by ministry - would be a significant step forward and we should do everything we can to encourage and support such an effort. BURGHARDT







These cables are crucial bits of evidence that show how Microsoft uses politics to get deals rather than rely on technical merit. There is also a subversion of laws in other countries (US-style laws imposed). At a later date we are going to organise all this evidence in our wiki.

Recent Techrights' Posts

The FSF Board and FSF Beard
So the FSF's Board has grown
Law Firms Facing the Consequences for Patently Abusive Litigation on Behalf of Microsoft Employees Who Got Arrested for Strangulation and Had Done Even Worse Things
Having spent 1.5 years bullying me with patronising letters on behalf of Microsofters, last week they got served a massive bill and, in effect, lost the Hearing
LLMs Breaking Everything
Computing and the Net became a playground for scammers and "bros", like people who "invented" fake currencies and also try to tell us that LLMs spewing out things will have some real value
 
Links 22/06/2025: Windows TCO Tales and YouTube Getting More Hostile to Users
Links for the day
New Report From the EPO's Staff Representatives in The Hague (LSCTH) Reveals Many Unsolved Issues
Local Staff Committee The Hague (LSCTH) wrote to staff just before the weekend
Links 22/06/2025: More Slop Lawsuits (Copyrights) and "America’s Oligarch Problem"
Links for the day
Gemini Links 22/06/2025: Gigantic Toolchest and Annoying Bots
Links for the day
The Calling
Persist and persevere, justice will come your way
So Far Every BetaNews 'Article' is LLM Slop, So BetaNews is Officially Just a Slopfarm
They just don't seem to value what they have
IBM Rumour: Mass Layoffs (RAs) Lists Being Made for Consulting, With Effect in July 2025
Bogus companies with no viable products and no world-leading (in their field) staff are doomed to perish
Links 21/06/2025: Data Breach With 16 Billion Passwords, Dutch Government Recommends Children Under 15 Stay off TikTok and Instagram
Links for the day
Gemini Links 21/06/2025: Notes about Typst (and LaTeX) and Opos
Links for the day
Microsoft's Competition Tactics: Sabotage GNU/Linux Installs, Block Chrome
Edge is dying
1989: Free Software as "Open" Software (OSI Didn't Coin "Open Source", It Also Predates Linux)
"One man's fight for Free software"
The Microsoft OOXML Modus Operandi: Throw 1,000 Pages of Other People's Work for a Judge to Read Ahead of a One-Hour Meeting
No time to discuss this - that's the point
Formalities Officers (FOs) at the EPO Are in Trouble, Reveals Internal Report
We already know, based on an HR pattern we saw at IBM and elsewhere, that reallocating roles can be prerequisite for dismissal and those who do so expect many to resign anyway
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day