Bonum Certa Men Certa

Spain Trashes FRAND (Software Patents Tax), Microsoft Lobby Keeps Promoting FRAND

Flags of EU and Spain



Summary: FRAND wars as fought by politicians and by monopolists with their lobbyists

THE other week in Twitter we saw some claims that Spain had buried FRAND. Some people who can read Spanish said so, but we could not corroborate. Here is just one example:



Open Standard, according to Spanish law http://ur1.ca/atsfv (page 17) Public and freely available, not subject to royalties of any kind


Spain also opposed the unitary patent [1, 2], so for the country to dodge FRAND like the UK did [1, 2] would simply make sense.

The FRAND (e.g. MPEG tax,)lobbyist hired by proprietary software companies is unsurprisingly doing all he can to promote FRAND. After all, he is paid to promote it. Yes, Microsoft Florian, who was hired by patent thugs from Microsoft, is spreading more smears and lies. From a rebuttal:



So far, we are unaware of any credible allegations of ‘extortion’ having been made against any Korean companies, or of any diplomatic repercussions, or indeed of any impact on the US presidential race now drawing to a conclusion!

However, this week we have come into possession of a full English translation of the Media Report issued by the Seoul Court on 24 August in relation to its ruling on the Samsung patents, and we have to say it makes very interesting reading, with none of the hallmarks you might expect of a document issued by a ‘rogue state’.


Nilay Patel, who previously gave a platform to Microsoft Florian, is giving a platform to the patent terrorists at Microsoft -- those who pay Florian to plant their spin and lies in the media (they proxify the unethical mass-mailing). To quote Microsoft: "We certainly care. We care a great deal about the ability to have protection on software and software-related patents, and so we certainly see quite a bit of the discussion around software patents. We take that very seriously."

This is why they are lobbying for software patents (or loopholes like FRAND) all around the world and then using these to tax Linux:

Microsoft has begun the long process of phasing out the FAT (File Allocation Table) filesystem and replacing it with exFAT, signing agreements with five hardware vendors to licence the format for use in peripheral devices.

First introduced in 1977 as an eight-bit storage format for Microsoft's BASIC language, the format received its last serious upgrade in 1996 with the launch of FAT32 as part of Windows 95 OEM Service Release 2 (OSR2.) Designed to extend the existing FAT16 format, FAT32 expanded the possible size of a partition on a hard drive from 2GB to 16TB but retained a file size limit that meant no single file could be larger than 4GB. While extensions to the format, including the open FAT+ standard, attempted to extend this to 256GB per file, few gained commercial traction in mainstream operating systems.


Tuxera helps this agenda. It is a loophole for software patents, especially where these patents are not allowed. Hopefully the new British and Spanish policies can push back against it.

It sure seems, based on what Dr. Moody is saying, like FRAND is on its way out.

Last week's big announcement by the UK government was principally about procurement, detailing the new rules that will apply when government departments acquire software. Naturally, then, it concentrated on the details of that approach, and how it would be deployed and enforced. A key part of that was using open standards to create a level playing field for all companies, regardless of whether they offered open source or proprietary code.

As I explained in my post last week, the critical issue then became what exactly "open standards" meant, and, specifically, how standards that might be encumbered by patents would be dealt with. As I've noted many times before, the only way open source can implement general interoperability standards is if any claimed patents are licensed under royalty/restriction-free (RF) terms. Although that's the preferred mode for key Internet organisations like the W3C, it stands in contrast to the older approach, which was based on "fair, reasonable and non-discriminatory" - FRAND.


FRAND is also being used by apple, mainly against Android [1, 2]. We'll focus on Apple tomorrow. 4 articles about Apple are being drafted.

Recent Techrights' Posts

The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
 
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy
Gemini Links 10/06/2026: Signal to Noise, Cancer, and Permacomputing
Links for the day
Links 10/06/2026: More Microsoft Layoffs, Sweden to "Ban Mobile Phones in Schools"
Links for the day
Communities and "Prosumers."
today's meetup will be about community
Gemini and Gopher Links 10/06/2026: Roasting, Changes, and Harms of Slop
Links for the day
Microsoft Azure Shrinking With More Mass Layoffs
"Reports suggest the layoffs will impact close to 200 out of 400 workers, who are set to cease employment at Azure on July 6"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 09, 2026
IRC logs for Tuesday, June 09, 2026