Bonum Certa Men Certa

Microsoft Lobbying, the EPO, and Software Patents Disguised as 'Internet of Things'

"[The EPO] can’t distinguish between hardware and software so the patents get issued anyway" —Marshall Phelps (Microsoft at the time)

ITU Microsoft



Summary: The European Patent Office (EPO) continues to act like a vassal of patent aggressors, Microsoft carries on pretending that it's no longer attacking Free software, and evidence shows that patent policy is being perturbed by lobbyists connected to Microsoft

TECHRIGHTS published many thousands of articles about Microsoft, particularly regarding the company's use (or misuse) of patents. It's no secret that Microsoft front groups and other nefarious lobbies want to make Free/Open Source software more difficult (if not impossible) in Europe. Microsoft lobbies if not bribes for the removal of GNU/Linux not just from Munich but also anywhere else around Germany and Europe as a whole. We wrote many articles about it over the years. We gave many concrete examples. We also published some secret E-mails to that effect. The evidence is there, but corporate media is rarely interested in such stories; there's a PR campaign going on now. It's more profitable. Nasty spin is what brings income. Malicious companies that elevated themselves to dominance/monopoly by dirty tricks and sometimes crime don't just change overnight; they might simply hire more lobbyists (for better connections) and deploy better marketing. "Microsoft loves Linux" is one of the latest incredible lies*.

"Malicious companies that elevated themselves to dominance/monopoly by dirty tricks and sometimes crime don't just change overnight; they might simply hire more lobbyists (for better connections) and deploy better marketing."Recently we saw further evidence that Apache had been compromised. Microsoft paid the ASF too much and even put its own 'moles' (or full-time staff) in leadership positions at the ASF. And let's not even mention the LF and OSI. That may be a subject for another day. Notice how Microsoft never joined OIN and never promised not to sue/threaten with patents (the same promise needs to be made for Microsoft-connected patent trolls). In 2017, unfortunately, Microsoft continues to operate like the Mafia; it pays those who may otherwise speak out (or simply 'eliminates' them) while patent blackmail goes on covertly.

The other day we found out that the BSA-connected firm of Bill Gates' father, a firm which is also connected to Microsoft lobbyists, is targeting the EPO now. As a reminder, many employees of the Business Software Alliance (BSA) moved back and forth (from and to this firm). We wrote a lot about that around 2007. This article came out a few days ago:

K&L Gates has launched a European Patent Office (EPO) practice.

The new practice, combined with K&L Gates’ network of intellectual procurement, portfolio management, and litigation lawyers and patent attorneys makes it the only fully integrated global law firm with full-service patent capabilities in the US, Australia, and Europe, it claims.

“Some time back, we embarked on the mission of bolstering our global patent prosecution capabilities to include an EPO practice in order to better provide our clients with a truly global IP solution,” said Robert M. Barrett, a partner at the firm’s Chicago office.


Remember that a lot of the staff is connected to the BSA, which we'll come to in a moment.

As we have been pointing out for a number of months, the "IoT" buzzword is nowadays being used as a loophole for software patents. Another such word is "AI", which only yesterday Watchtroll tried to frame as patentable (in spite of Alice). A few days ago we saw a new press release that said "AI Technology Patents" in the headline. "AI" is just a codeword for software patents which are neither allowed nor enforceable in the US anymore. "Procurement Software Company Xeeva Announces Receipt of Multiple AI Technology Patents," it said, but these are simply software patents 'dressed up' as something scientific or smart. As we shall show in a moment, Microsoft uses such buzzwords more and more.

"What we basically have here are patent radicals plotting to put software patents right inside standards using the "IoT" buzzword."As for the EPO, internal documents exposed that it had offered Microsoft an inherently-discriminatory fast lane. And yet, the "SMEs" lies continue to be trotted out. Here's one from Friday, followed by retweeting of others who do the same. This is all based on a big lie from the EPO -- the pure nonsense which is EPO working for SMEs rather than to their impediment/detriment. See "Using intellectual property to help large multinationals harness their innovative edge" -- that's the headline and tone of an article published by IAM some days ago. We're expected to believe that anyone other than these "large multinationals" (or patent trolls) would benefit. But nothing could be further from the truth.

Now comes the interesting part. Last month we wrote quite a bit about IP Europe and the EPO. Days ago someone told us about "European Standardization" with "Francisco MINGORANCE (IP Europe)" in it. It's about so-called 'IoT' and there's a "Kick-off meeting CEN-CENELEC/WS IoT SEP licensing" ("SEP licensing" is standard-essential patent tax).

So the lobbyists are once again killing everything that is sane!

Mingorance isn't new to us. We wrote about him when he worked for the BSA and more recently in relation to the UPC and EPO [1, 2]. They're all pretty close.

What we basically have here are patent radicals plotting to put software patents right inside standards using the "IoT" buzzword. They link to a patent maximalists' site and tweet: "#Standards bodies, global tech developers & users to create a European Vision for #SEP licensing for #IoT and #5G"

"Sites like Groklaw and Techrights sort of gave up on ASF ages ago, for various different reasons, even well before their chief was a Microsoft employee."As the President of the FFII interpreted it, "5G and IOT standards to be dominated by trolls, making free software impossible [...] Today swpat [software patents] lobbyists meetup to exclude free software from 5G and IOT https://is.gd/eaT8xS"

Incidentally, only days ago IAM published this article titled "Monetising patented wireless technologies", composed by Marc Pépin from TechPats, Ottawa, Canada. About a week ago we also heard from inside sources about a war on Free software in wireless technology. They're understandably concerned when software patent are being painted "IoT" or G*" to impose a tax on everything, rendering Free software unsuitable for purpose.

It was pointed out to us that Apache played a role in it, too. Sites like Groklaw and Techrights sort of gave up on ASF ages ago, for various different reasons, even well before their chief was a Microsoft employee. As it turns out, Jim Jagielski became part of the problem and he recently sent a shout-out to Sam Ramji and congratulated Microsoft. It would not be a big deal if he hadn't also been "very big" on Inner Source, and gave 3 talks at this secret event, InnerSource Commons Fall Summit 2017.

"As a reminder, Microsoft is still lobbying quietly (more quietly than IBM) against Alice. Microsoft wants to leverage software patents against everyone."Then there's this event, Second Joint ITU-NGMN Alliance Workshop on Open Source and Standards for 5G. Hosted by Microsoft! This is what entryism looks like. This is the second workshop and the first one was hosted by Qualcomm.

"Software patents are the key issue there," we got told, and "the mobile industry wants to define FOSS as "access to the code" and normalise separate patent agreements, and wants regulators to endorse that position."

As a reminder, Microsoft is still lobbying quietly (more quietly than IBM) against Alice. Microsoft wants to leverage software patents against everyone. _____ * The PR campaign is so strong and so broad that one gets nothing but scorn (like "tinfoil hat") for being sane and rational about what Microsoft is truly up to.

Recent Techrights' Posts

Links 05/09/2026: "Let’s Stop Buying New Phone" and 'Open' 'AI' (Proprietary Slop) Drowning in Lawsuits
Links for the day
Gemini Links 05/09/2026: Polarization, Warped Maps, and Emacs rectangle-number-lines
Links for the day
Software Freedom, Even If Difficult to Attain Due to Outside Pressure, Does Make You Happier
Peer pressure and opinionated employers can make friends and staff more miserable if they dictate bad software
You Can Run GNU/Linux on a Desktop/Laptop for 1,000+ Days Nonstop
To me, the long uptime is a way of "marketing" GNU/Linux as robust and stable
Profiting From Global Warming (and Making More Money the More You Cause Warming)
Unregulated bank and pyramid scheme
SLAPP Censorship - Part 172 Out of 200: The Solicitors Regulation Authority (SRA) Complicit in the SLAPPs by Inaction (Didn't Even Study Any Evidence, Only Wasted Time and Budget)
"SRA placed into special measures due to 'disappointing standard of leadership'"
China Does Not Need American (US) Products Like GAFAM's
China has abundance of technical things it can leverage to preserve its autonomy
RMS Didn't Make Enough Backups
Making backups is important
Refresher: Why EPO Staff is on Strike This Year (Aside From the EPO Acting Like a Corrupt, Above-the-Law, For-Profit Corporation That Violates Its Own Charter)
One core issue at the EPO is erosion of purchasing power
Gemini Links 05/09/2026: Fireflies, Shore Pine, and ASCII Art
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 04, 2026
IRC logs for Friday, September 04, 2026
The Legal Services Board (LSB) Takes on Solicitors Regulation Authority (SRA) for Utter Failures, We'll Resume Our SRA Series to Illuminate How Bad the SRA Really Is
a quick overview of the latest news
Links 04/09/2026: Notorious Patent Trolls' Judge Enters the Private Sector (Corruption, Revolving Doors), Gloria Steinem's Life in Pictures
Links for the day
Gemini Links 04/09/2026: Worries, Upgrades, and CS Students
Links for the day
Richard Stallman's Web Site Back Online, But It Seems Like a 2-Months-Old Snapshot
Latest political notes are dated July 2 (2026)
SPAM Disguised as Benchmark or Comparison: The Register MS "PARTNER CONTENT" is Getting Weirder by the Month
Sites that promote fake 'coins' or pyramid schemes to their audience(s) aren't worth tolerating
PIPs at IBMs are Layoffs Because They're Impossible to Satisfy (or They Terminate Workers Despite Satisfying Them)
What insiders say
In the United Kingdom You Can No Longer Make the Assumption People Use Windows (or 'Smart' 'Phone')
As autumn arrives Microsoft faces a crisis
SLAPP Censorship - Part 171 Out of 200: Talking About Corruption and Violence Against Women
Today the Labour Party (UK) speaks about corruption
Warming Up for Investigative Journalism About the European Patent Office (EPO), Europe's Second-Largest and Probably Most Corrupt Institution in Europe
It continues to exploit diplomatic immunity for impunity
Microsoft Handing Out PIPs by the Thousands, Anxiety in GAFAM Building Up
Years ago I heard from people who pretended to be ill to avoid getting fired
BRICS in the Windows: Brazil's GNU/Linux Share (as Measured by CDN) Has Hit Highest Point in a Month
The largest Web CDN, Clownflare, sees GNU/Linux at 8.1% right now in Brazil
Corporate Media Will Always Glorify Its Owners (Corporations That Value Nothing But Capital)
Collecting "money" like it's a form of competition where they track "score"
We'll Never Do Slop!
Being against slop is not being "left behind"
Thieves Complain About the People They Steal From
"When you point the finger at someone, there are three fingers pointing back to you"
Links 04/09/2026: "The Rise of the Billionaire Lobby", the "Imperialist Delusions", and Digital Restrictions (DRM) From Nvidia
Links for the day
Buying From China
Nations must begin to speak about their digital sovereignty, which Free software is best equipped to grant and best positioned to assure in the face of outside resistance
GNU/Linux Continues to Grow in China
GNU/Linux reached its highest point in a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 03, 2026
IRC logs for Thursday, September 03, 2026
Gemini Links 04/09/2026: Forgotten Realms Avatar Series and Slop Plagiarism's Footprint in Gopher/Geminispace
Links for the day
Like Uber, Paypal's Debt Has Shot Up 2.5 Billion Dollars in 3 Months, Now the Mass Layoffs Come to India
even reducing the salaries by offshoring isn't enough to save the company
IBM Eliminating Over 20,000 IBM Workers by Year's End, Insiders Claim
the layoffs are silent
Microsoft "engineers who aren’t critical are let go" this week/month (silent layoffs)
"stack ranking"
Is Microsoft Trying to Kill What's Left of XBox by Year's End?
How many people will still bother purchasing these consoles by the end of the year?
SLAPP Censorship - Part 170 Out of 200: Downtimes
Yesterday traffic skyrocketed here
The Register MS Publishes More Word Salads Promoting "AI" Because It's Paid to Do So
Hype, name-dropping, and scaremongering
Gemini Links 03/09/2026: Google Maps, Gemini's Early History, and Suppressing Slop Plagiarists
Links for the day
Links 03/09/2026: Unsafe Skies, Thunderbird Adopts Proprietary / Vendor Lock-in Traps, "Xbox Live Down Again"
Links for the day
Growing Thirst for Free Software, the LibreOffice Edition
LibreOffice is in "high demand"
Links 03/09/2026: John Ternus Enters Apple Amid Mass Layoffs, Journalist İrem Delice Arrested
Links for the day
Stallman.org Down Due to Virtual Machines Issue, "Senior Engineers are Investigating the Issue" Since Saturday
RMS site down due to virtual machines issues upstream
Linux Foundation is Plagiarism Hub, Linux is at Risk From It
Torvalds never looked weaker and more compromised
Gemini Links 03/09/2026: Back in Japan, Another New Year, Reasons to Avoid Have a "Smart" "Phone", and Rant About Built-in Batteries
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 02, 2026
IRC logs for Wednesday, September 02, 2026