Bonum Certa Men Certa

FOSSPatents Conference is Against FOSS, Promoting the FOSS-Hostile Construct Known as RAND or FRAND

FOSSPatents Conference. Did you really think it's about FOSS?



Summary: Do not be misled by the term Free/Open Source software (FOSS) in the name FOSSPatents and whatever relates to it (e.g. FOSSPatents Conference); it's not about FOSS but against FOSS, or pro-FRAND

THE previous post ended with a tweet. As Benjamin Henrion put it the other day: "UPC rules of procedure also mention proportionality. Like bifurcation, rules of procedure should be made by legislators under art6 ECHR"



Henrion posted this while attending an event organised by another software professional, a longtime opponent of software patents and the UPC (those two things are closely related). I've long criticised this event (even before it took place), seeing what front groups were attending and speaking alongside Bristows. The event promotes the false concepts of “FRAND” and “FOSS patents” (no such thing). It welcomes litigation fanatics. "No idea why he chose to do this," I said, "but I can guess…"

He has repeatedly replied to me; the organiser and I have agreed and disagreed on a lot of things over the years. Here's Henrion stating: "Yesterday's Fosspatents conference was pretty much "trolls trolls trolls" with many more companies being attacked. Software patent warming is happening..."

That's an old term.

"FLOSS still absent from the conference of today," he said, "who is "all" if the developer doing the hard work of writing code is not even mentioned..."

"Yes," I responded, as "the program itself showed that Fosspatents was all about patents and not at all about FOSS (let alone anything tech)..."

"FRAND" is 4 (or 5) lies in a row, compacted into an acronym that sounds like "FRIEND". As one person put it: "Of course. Commons law. ...but FRAND used to mean Free Rand = RAND-0. Then they said FRAND = Fair RAND. No one could explain the difference between FRAND and RAND. It is not fair and unreasonable discriminates open source implementations. What a waste..."

RAND or FRAND or fancy 'lego puzzle' with these lies as letters ("reasonable", "nondiscriminatory", "fair"...) won't change the fact that they're designed to put gloss on monopoly. They reinforce the concept of patent tax on everything. It is almost depressing and going back to the UPC, high-profile 'FRAND' cases already target British courts, looking to tax the whole public through satellite patent trolls. If they got the UPC, the outcome of such court cases would impact hundreds of millions of people, not just tens of millions. So we know who stands to gain from the UPC.

We've found some particular tweets (with photographs) from Henrion informative. He focused on the detrimental effect, e.g. in



Of particular interest to our longtime readers is this couple/pair of tweets [1, 2]: "Antitrust law has abolished competition by installing barriers such as patents, for example in the 2007 Microsoft case http://blog.ffii.org/microsoft-will-trump-eu-competition-ruling-with-patents/"

To this date, Microsoft continues to leverage FRAND to impose software patents everywhere and blackmail everyone. Some other tweets speak of the origins of this term, "RAND", which we've used here since 2007 if not 2006. It was always (all along) a deliberate attack on FOSS/FLOSS. Microsoft knew all along that it wasn't compatible; hence it used front groups such as BSA to lobby for it.

Jake Hamby, who worked for Danger (then Microsoft) and later Google (Android), told me regarding the shock of awful patent quality: "Well, I wouldn't, considering the sketchy Microsoft patents I tried to help Google's lawyers defend against with Android. They milked those mobile OS patents for an entire decade. I'd love to know which companies are still paying them and how much per device."

Microsoft is still suing over it, e.g. Foxconn earlier this years. The underlying patents may all be bogus, more so after Alice -- a subject that the EFF has just brought up again [1]. We hope that Mr. "FOSSPatents" isn't taking Microsoft money again (as he did before) to promote FRAND.

Related/contextual items from the news:


  1. Alice Doesn’t Block Good Patents, It Protects the Public By Requiring Real Invention

    Leaders of the Senate IP Subcommittee have been working, for nearly a year now, on producing some kind of legislation to weaken Section 101 of the Patent Act. Their proposal would throw out all the case law based on Section 101, including the Alice decision, which has been especially critical for keeping bogus software patents out of the system.

    They held three days of hearings on the Senate floor in June, but still haven’t presented a bill detailing the changes they want to make. € As we’ve explained before, weakening Section 101’s protections would be a disaster for innovation, and encourage patent trolls to squeeze money from small businesses.



Recent Techrights' Posts

Richard Stallman Gives Talk in 20 Hours at Ostschweizer Fachhochschule Campus in Rapperswil-Jona
The talk is in English
 
EPO Strike 10 Days From Now, Planning Assembly Tomorrow, Last Couple of Strikes Had High Participation Rates (1,500-1,600 Staff Went on Strike)
The next strike is in 10 days' time and then there will be another strike
Dr. Andy Farnell on How GAFAM, NVIDIA and Others Lie to People Via the Sponsored Media to Prop Up Lies Under the Guise of "AI"
Lots of key aspects are covered
Links 09/03/2026: GAFAM Outsourcing, "MAGA Political Meddling" in EU, Indonesia Bans Social Control Media for Children Under 16
Links for the day
Using Slop (and Slop in Articles) to Attack Copyleft 'on Budget'
This article is pure BS from an anti-GPL and anti-RMS 'activist'
Why The Register MS Sold Out to Microsoft: They're Losing Lots of Money, The Register MS is Bleeding to Death, Based on Its Own Financial Records
With over 6 million pounds in debt (nearly 10 million US dollars) we guess it's likely some other company will take over the site (if it deems it worthwhile)
Microsofters' SLAPP Censorship - Part 7 Out of 200: Like With the Serial Strangler From Microsoft, Misuse of UK-GDPR to Try to Hide Embarrassing Facts
They do and say really bad things, then allege it's a "privacy violation" to mention those things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 08, 2026
IRC logs for Sunday, March 08, 2026
Gemini Links 09/03/2026: Exponentials and Tailscale
Links for the day
Sloppyleft
Article by Alexandre Oliva
Hard to Replace 'Human Touch'
The reason many people insist on using GNU
The Slop Companies Gamble at Our Economy's Expense and They Know It's a Losing Bet (So It's a de Facto Robbery)
The crash of this bubble isn't just inevitable, it's already happening and receding sporadically because of false announcements about money that does not actually exist (to "buy time")
Suppressing Speech by Blackmail, the Iran Story
When Debian wanted to stage a seemingly legitimate election it needed to have more than one candidate running; so eventually the female partner of a geek rose to the challenge (had no coding skills at all, no technical history in Debian) and lost to the "incumbent German"
Too Focused on Buzzwords the Media is Paid to Saturate the Collective Mind With
Just because companies do really bad things in the digital realm does not imply "AI" or follow from "AI"
Discrimination and Prejudice Against Female Journalists
we can shame people who attack a reporter on the grounds of gender
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part II - Trying to Put People in Prison for Committing the Act of Journalism
This is abuse of process
Attack on Copyright and Copyleft by Code Conversion Is Nothing New, It Predates Slop (Code Produced by LLMs) by Several Decades
Even back in the 90s many people converted programs from one language to another. That could invalidate copyleft (and copyright), which already existed
Almost a Slopless Weekend for "Linux"
Let's hope slop will come to an end or sites will cease linking to slop
Insiders Explain Why IBM is Dying and the Inherent Culture Problem
There are many ways to shave this IBM cat
Links 08/03/2026: Microsoft Lost $400 Million on "Project Blackbird" and Half the States Sue Over Illegal Tariffs
Links for the day
Links 08/03/2026: Cisco Holes Again and "Blatant Problem With OpenAI That Endangers Kids"
Links for the day
Activism/Journalism in Our Blood
one must fight for one's principles
Gemini Protocol in Its Prime
What's particularly neat about Gemini Protocol is that it's fast and cheap
Microsofters' SLAPP Censorship - Part 6 Out of 200: Intentionally Misnaming Women, People Who Offered to Testify That They Too Had Been Subjected to Similar Abuse
Today it is International Women's Day
Even Fedora Leadership Cannot Figure Out the Microsoft Kill Switch/Back Door, 'Secure' Boot
It does not actually enhance security
Bruce Perens: Richard Stallman "Has Achieved His Goal"
Stallman's next talk is tomorrow
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 07, 2026
IRC logs for Saturday, March 07, 2026
Gemini Links 07/03/2026: Buying Woodland, Indra 1.3.0 Available, and LLM Exhaustion
Links for the day
The Harder They Attempt to Take Down This Site (and Take Away Liberties), the More People Will See This Site
We'll carry on as usual, as from sunlight comes justice
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part I - A Matter of National Security
Those people are Americans who try to advance the interests of American corporations by weaponising courts abroad
Why They Always Try to Shoot the Messenger (When the Message Harms Profits)
A matter of economics
Coinbase - Like Block - is in Huge Trouble, Its Debt Nearly Doubled in Half a Year
The real reason Block is collapsing is its debt
Starting Another New Series This Evening, It's About American Folly
today commences a series long in the making (years)
Nations Stand to Benefit From Gender Equality and Increased Participation by Women
International Women's Rights Day starts in about 6 hours in the UK
Microsoft is Losing It, Now It's Censoring Its Critics and Sceptics
Whether the measurements made by statCounter are accurate or not, the trends (long-term) typically make sense
WIRED (Conde Nast) Reviews Are Paid-for Marketing Spam, They Change Dates on Old 'Articles' to Make Them Look Relevant and New
The Web is fast becoming a burial ground for ads, trash, spam, and slop
Gemini Links 07/03/2026: Humour, Chilling, and Oversized 'Phones'
Links for the day
Cyber|Show by Andy and Helen Recommended by Techrights and Tux Machines
If your time is limited and you look for informative essays and shows (audio)
Links 07/03/2026: CJEU to Finally Examine Behaviour of the Illegal and Unconstitutional Unified Patent Kangaroo Court, Creative Commons (CC) Hosts Open Heritage Statement Event in Amsterdam
Links for the day
Microsoft's Thailand Problem
It's definitely not Windows
New Lows for Microsoft in Micronesia
GNU/Linux has shown some growth there too
Microsofters' SLAPP Censorship - Part 5 Out of 200: Clearly Not a Security Professional/Expert, Only Ever Pretending to be One
"The Claimant says he is “a computer security expert”, but his background and his track record in the education sense (genetics) does not support this assertion."
Links 07/03/2026: Fuel Already Running Low and "Economic Crisis of the Iran War"
Links for the day
The Corporate Media Repeated the Lies Told by Jack Dorsey ("AI" Hype), Now It Does the Same for Larry Ellison
Disregard the hundreds of headlines that say mass layoffs at Oracle are due to "AI" something
The Free Software Community is Gaining Momentum as Its Importance is More Broadly Realised
As long as "trendy" technology goes in a negative direction there will be a growing portion in society looking for alternatives
Spooking or Chasing Away Women (From Computer Science)
The status quo discourages women from even trying to study Computer Science and related disciplines
"IBM Has Changed So Much in the Last Decade to the Point It's Completely Unrecognizable."
IBM is a dying, rotting company with a morbid culture
The Register MS, Sponsored by Communist Party of China (CPC)
What will happen when the bubble crashes the economy?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 06, 2026
IRC logs for Friday, March 06, 2026
Gemini Links 07/03/2026: Coffee Problem, Marchintosh, Learning, and "Selectively Disabling HTTP"
Links for the day