Bonum Certa Men Certa

Then, They Fight You... by Buying Some New Laws

"...yesterday we were notified that the Microsoft representative in charge with the education strategy had requested the organizers to pull the Ubuntu presentation because it is 'unfair competition' to hold such a presentation at an event sponsored by them. They are indeed co-sponsors but the conference is organized by the Ministry of Education and its local office, and is being held on the premises of a public University."

--"Then, they fight you," May 2008



The question of Free software adoption (or contrariwise -- obstruction) continues to involve some heavy doses of corruption, so herein we study some of the methods which are actively used against GNU/Linux and other disruptive trends, especially in light of news items that cannot escape without comment.

RAND



The ugly nature of RAND was discussed recently in [1, 2]. Microsoft, for instance, embeds its RAND routine in Mono and OOXML. It's a tool for monopolisation and control of rivals. One recent case, which demonstrated just how nasty a RAND can be, revolved around Rambus [1, 2, 3, 4, 5, 6, 7, 8]. Let this new blog post remind you what it's all about.

By the time Rambus announced its patents and began demanding royalties (and filing patent infringement suits against companies that refused to pay royalties), Rambus had achieved a technical “lock-in” that made it difficult for the memory chip industry to move to a different technology. Rambus’s lock-in allowed it to obtain a 90% market-share, and demand supracompetitive royalties from companies that were producing JEDEC-compliant memory devices. Rambus has earned several billion dollars in licensing fees to date, and by some estimates its total royalties are could reach as high as $11 billion.


Think about OOXML, which is RAND-'protected' in the sense that it 'protects' itself from this 'nasty' thing called the GNU GPL. Expect more of the same poison to be spread via Microsoft technologies which are queued in the pipeline. For granted, Novell will continue to help Microsoft with this. It's Novell's new business model (since 2006).

Here is another month-old example of RAND nastiness. [via Digital Majority]

Now, here an example of a RAND (Reasonable And Non Discriminatory) licensing model, this one has been made by Cisco about VRRP :
Cisco is the owner of US patent No. 5 473 599, relating to the subject matter of "Virtual Router Redundancy Protocol for IPv6 <draft-ietf-vrrp-ipv6-spec-04.txt>. If technology in this document is included in a standard adopted by IETF and any claims of this or any other Cisco patent are necessary for practicing the standard, any party will be able to obtain a license from Cisco to use any such patent claims under reasonable, non-discriminatory terms to implement and fully comply with the standard.
First you need to contact Cisco to have a license but the terms are unknown. "Non-discriminatory" is vague and could be an issue for any free software implementation.


That would be convenient to Cisco, but not to any of its rivals. Therein lies the importance of vendor-independent protocols and formats such as ODF.

Media Codecs



In a similar vein, Microsoft lobbyist (dare we say "shill"?) Jonathan Zuck seems engaged in another new mission to ensure Europe's media formats remain discriminatory and require payments to be made (i.e. make Free software an impossibility). In his latest logical gymnastics he's trying to pretend to have agreed with FFII while at the same time pushing for Microsoft-esque technologies to be required.

We need to work together on live streaming challenge


Jonathan Zuck's crusades against ODF, against the GPL(v3), and for software patents in Europe were noted before. We have already expressed an opinion about such lobbying in general.

There is already a response to the latest FUD from Zuck.

To correct the article of EurActiv, the 2 petitions are not about free software adoption, but well about free and open standards, which are not the same as free software. So the article of EurActiv misses the point and has a confusing title.


In addition to this, a clarification was made to make people aware that the European Parliament shuts the door in the face of those who don't have proprietary "special software".

In order to find out what your members of European Parliament are doing, you need some special software. Europe by Satellite (EBS) is only for those people who have the right software.

[...]

None of those protocols and file formats are described in specifications, neither they are standardized nor free of patents or other restrictions. Why Europe is choosing technology which is not accessible to everybody, regardless of the platform?


Remember the recent story (possible corruption) from Hungary? Remember the BBC? That's just how it's done. Lobbyists and spinmeisters are used as agents of monopolisation, by intruding government authorities and deceiving them on technical decisions that are made. They impose lock-in 'from the top', so to speak, by requiring basic things like tax submission and communication with Parliament to be dependent on specific software vendors.

Rocket Docket



Blackboard, the very bothersome patent troll whose portfolio has been harassing FOSS projects [1, 2, 3], is getting stung again [via Digital Majority], having recently suffered defeat. Will it finally learn (pun unintended)?

TechRadium sues Blackboard over patent



[...]

TechRadium develops and sells a mass communication messaging systems that allows a "group administrator to send a single message that will be delivered to the members of [a] group via numerous communication devices such as cell phones, pagers, standard landline telephones and e-mail," according to TechRadium's complaint.


Quoted above is the claim, which hopefully illustrates superficiality. Unsurprisingly, TechRadium is a "Texas-based technology company." In addition, as one can just about guess, it "filed a patent infringement lawsuit Monday against Blackboard in U.S. District Court for the Eastern District of Texas." Yes, once again it's that Rocket Docket, which even Law.com is addressing.

Will the 5th Circuit Ground an Eastern District of Texas Rocket Docket?



In a mandamus case that could significantly alter one of the hottest federal civil dockets in Texas, the full 5th U.S. Circuit Court of Appeals heard arguments on Thursday over whether a trial judge's discretion should be limited when a party moves to transfer venue.


Digital Majority had dug up some articles from 2006 to show just how often the slack treatment in the Eastern District of Texas is being misused. Will someone, anyone, somewhere, finally take care of this loophole?

Software patents are bad enough as they are, but for these patents to be seen as valid and assure settlement out of court due to one dysfunctional district court seems utterly inexcusable. It encourages programmers to apply for more software patents and it casts a shadow over the legitimacy of Free software. It taken one rotten egg to poison the entire well.

Comments

Recent Techrights' Posts

Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
 
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work