Bonum Certa Men Certa

OSS Watch Pretends That Microsoft's Attacks on Free Software Do Not Exist



Summary: Criticism of a new writeup from OSS Watch, which grossly whitewashes some of Microsoft's behaviour and instead focuses on PR gestures and corporate spin

OSS Watch has released a controversial new essay, whose arrival received some lukewarm reviews. It deceives through omission and slant. In their own words:

During our research for this article OSS Watch have been accused, by an OSI board observer and ASF Member, of being “surrogates” for Microsoft, whilst Tony Hey (Corporate Vice President of External Research, Microsoft) privately expressed concern that OSS Watch was “encouraging academics to use the GPL.” Simultaneously, various free software representatives have pointed out how “naive” they believed us to be by even considering the idea that Microsoft may have genuine intentions with respect to engaging with the free and open source community.

[...]

Furthermore, whilst Microsoft may be making concessions to open source and are happy to play with open source when it suits their needs they are also willing to use other methods where it best suits their business. For example, on patents Darren Strange (Head of Open Source Engagement, Microsoft UK) says “Patents drive innovation and they drive openness actually.”


Let us politely remind OSS Watch that Microsoft uses a routine known as "embrace and extend" in order to extinguish -- not advance -- Free/open source software. It's the same as in history and we wrote hundreds of posts filled with evidence to show this. Even Microsoft sometimes admits this. Microsoft is spending a lot of money deceiving people and OSS Watch might be a victim of Microsoft -- not a “surrogate” for Microsoft -- as "an OSI board observer and ASF Member" (it's easy to determine who that is) impolitely put it.

Here is the questionable essay whose provocative title says that Microsoft may end "open hostilities" (increasingly we find hidden hostilities because Microsoft keeps getting caught [1, 2, 3] and then forced to pay the price [1, 2, 3, 4, 5, 6]).

The essay includes the following bit:

Indeed, at least as far as IP is concerned, Darren Strange, Head of Open Source Engagement, Microsoft UK, maintains that the company is right to continue to argue strongly for the value of software patents as part of the innovation process and that companies need the protection of intellectual property rights in order to feel secure in their investment in research and development. He says: 'It is an important area and I think people kind of get it the wrong way around a little bit — patents are a good thing and they help to fuel the industry. Patents drive innovation and they drive openness actually, and they drive an industry where people can then build on those patents in a legal way, everyone mutually respecting the same rules. We need to use patents to drive innovation and we can do that just as well with open source vendors.' He argues that a mutual respect for such rights will allow everyone, including open source developers, to work and flourish together.


Sadly, much of the rest is conveniently using Microsoft and Microsoft reporters (spinners) as a source. The one comment from the 451 Group is not impartial either because 451 Group receives funding from Microsoft for all it seems (there are many sources of revenue), so it has to be nice to Microsoft and convince itself that it's okay. [see comments regarding this omission]

To give examples of ways in which Microsoft continues to attack Free/open source software, see EDGI. Microsoft is increasing its effort on that predatory front [1, 2], it is also trying to sue GNU/Linux using patents [1, 2, 3, 4, 5, 6] and less than a year ago it sued TomTom. In several large shops such as Best Buy, Office Depot, and Staples Microsoft also distributed slanderous material about GNU/Linux [1, 2, 3, 4, 5].

Addressing again this issue of software patents, let's remember what Microsoft has just done in the EU [1, 2, 3, 4]. Here is April formally complaining about it. From the statement:

[I]n its press release the Commission indicates that Microsoft revised their proposals on the disclosure of interoperability-related information. Microsoft continues to brandish its software patents, which makes their stance on interoperability considerably less convincing.

The documents clearly show that Microsoft excludes the Free Software ecosystem from accessing its formats and protocols. Most of Microsoft's formats and protocols are indeed patented, and licensing agreements rely on so-called "reasonable and non-discriminatory" conditions (RAND). These licenses impose royalties for any commercial distribution, which favours monopolies over SMEs and de facto excludes all Free Software developers.

Document "Annex E - Patent Pledge for Open Source Developers" clearly states that any commercial distribution of Free Software will require the acquisition of a patent license in exchange of royalties. These conditions are incompatible with Free Software licenses: Free licenses do not discriminate commercial from non-commercial uses, and thus enable both volunteer communities and companies to contribute together to Free Software projects. Furthermore, patents on software formats and protocols have no legal basis in the European Union and continue to be a grey area in current USA legislation; therefore they should not be part of interoperability agreements.


Microsoft is still scheming to legalise software patents in Europe, but a lot of Free software proponents choose not to pay attention. OSS Watch seems rather apathetic. May some more information about Apache, for instance, be of use [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18]?

Comments

Recent Techrights' Posts

Comparing U.E.F.I. to B.I.O.S. (Bloat and Insecurity to K.I.S.S.)
By Sami Tikkanen
New 'Slides' From Stallman Support (stallmansupport.org) Site
"In celebration of RMS's birthday, we've been playing a bit. We extracted some quotes from the various articles, comments, letters, writings, etc. and put them in the form of a slideshow in the home page."
Thailand: GNU/Linux Up to 6% of Desktops/Laptops, According to statCounter
Desktop Operating System Market Share Thailand
António Campinos is Still 'The Fucking President' (in His Own Words) After a Fake 'Election' in 2022 (He Bribed All the Voters to Keep His Seat)
António Campinos and the Administrative Council, whose delegates he clearly bribed with EPO budget in exchange for votes
Adrian von Bidder, homeworking & Debian unexplained deaths
Reprinted with permission from Daniel Pocock
Sainsbury’s Epic Downtime Seems to be Microsoft's Fault and Might Even Constitute a Data Breach (Legal Liability)
one of Britain's largest groceries (and beyond) chains
 
People Don't Just Kill Themselves (Same for Other Animals)
And recent reports about Boeing whistleblower John Barnett
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 18, 2024
IRC logs for Monday, March 18, 2024
Suicide Cluster Cover-up tactics & Debian exposed
Reprinted with permission from Daniel Pocock
Gemini Links 19/03/2024: A Society That Lost Focus and Abandoning Social Control Media
Links for the day
Matthias Kirschner, FSFE: Plagiarism & Child labour in YH4F
Reprinted with permission from Daniel Pocock
Linux Foundation Boasting About Being Connected to Bill Gates
Examples of boasting about the association
Alexandre Oliva's Article on Monstering Cults
"I'm told an earlier draft version of this post got published elsewhere. Please consider this IMHO improved version instead."
[Meme] 'Russian' Elections in Munich (Bavaria, Germany)
fake elections
Sainsbury's to Techrights: Yes, Our Web Site Broke Down, But We Cannot Say Which Part or Why
Windows TCO?
Plagiarism: Axel Beckert (ETH Zurich) & Debian Developer list hacking
Reprinted with permission from Daniel Pocock
Links 18/03/2024: Putin Cements Power
Links for the day
Flashback 2003: Debian has always had a toxic culture
Reprinted with permission from Daniel Pocock
[Meme] You Know You're Winning the Argument When...
EPO management starts cursing at everybody (which is what's happening)
Catspaw With Attitude
The posts "they" complain about merely point out the facts about this harassment and doxing
'Clown Computing' Businesses Are Waning and the Same Will Happen to 'G.A.I.' Businesses (the 'Hey Hi' Fame)
decrease in "HEY HI" (AI) hype
Free Software Needs Watchdogs, Too
Gentle lapdogs prevent self-regulation and transparency
Matthias Kirschner, FSFE analogous to identity fraud
Reprinted with permission from Daniel Pocock
Gemini Links 18/03/2024: LLM Inference and Can We Survive Technology?
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 17, 2024
IRC logs for Sunday, March 17, 2024
Links 17/03/2024: Microsoft Windows Shoves Ads Into Third-Party Software, More Countries Explore TikTok Ban
Links for the day
Molly Russell suicide & Debian Frans Pop, Lucy Wayland, social media deaths
Reprinted with permission from Daniel Pocock
Our Plans for Spring
Later this year we turn 18 and a few months from now our IRC community turns 16
Open Invention Network (OIN) Fails to Explain If Linux is Safe From Microsoft's Software Patent Royalties (Charges)
Keith Bergelt has not replied to queries on this very important matter
RedHat.com, Brought to You by Microsoft Staff
This is totally normal, right?
USPTO Corruption: People Who Don't Use Microsoft Will Be Penalised ~$400 for Each Patent Filing
Not joking!
The Hobbyists of Mozilla, Where the CEO is a Bigger Liability Than All Liabilities Combined
the hobbyist in chief earns much more than colleagues, to say the least; the number quadrupled in a matter of years
Jim Zemlin Says Linux Foundation Should Combat Fraud Together With the Gates Foundation. Maybe They Should Start With Jim's Wife.
There's a class action lawsuit for securities fraud
Not About Linux at All!
nobody bothers with the site anymore; it's marketing, and now even Linux
Links 17/03/2024: Abuses Against Human Rights, Tesla Settlement (and Crash)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 16, 2024
IRC logs for Saturday, March 16, 2024
Under Taliban, GNU/Linux Share Nearly Doubled in Afghanistan, Windows Sank From About 90% to 68.5%
Suffice to say, we're not meaning to imply Taliban is "good"
Debian aggression: woman asked about her profession
Reprinted with permission from Daniel Pocock
Gemini Links 17/03/2024: Winter Can't Hurt Us Anymore and Playstation Plus
Links for the day