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Yesterday evening in Berlin, there was a rare meeting of the heads of three different FSFs: Richard Stallman (FSF US), Nagarjuna G (FSF India) and myself for FSFE. With us were FSF India volunteer damitr and FSFE intern Nicolas Jean.

We did discuss some weighty issues, such as the relation between Free Software and Open Data. But mostly we just had dinner and a good time.
Now it’s official: The European Commission will migrate to Microsoft Windows 7 without considering alternative offers. In a reply to questions asked by MEP Bart Staes (Greens/EFA), the EC on May 27 confirmed that it has awarded contracts for the upgrade to Microsoft and reseller Fujitsu-Siemens on behalf of 55 other European institutions and the Commission itself. [Update: link to reply moved for better visibility]
The EC had taken the decision to migrate in a closed-door meeting on December 15, 2010 (see New York Times, Jan 26, 2011). At the Free Software Foundation Europe, we have three concerns about this move: That this move will drive the EC into even greater dependence on Microsoft’s products; the lack of a public call for tender; and the migration’s effects on the Commission’s credibility with member states.
Continue reading The European Commission’s locked-in syndrome
Tuesday saw has been involved for ten years now, after Microsoft had finally released interoperability information after years of dragging its feet, and the Commission had fined the company the record amount of EUR 899 million.
But yesterday saw the parties back in Luxembourg, in a hearing room on the eight floor of the European Court of Justice’s yellow towers. The atmosphere had something of a family event. As one visitor remarked, seating arrangements were similar to those at a wedding, with the European Commission on one side of the room along with the FSFE and the Samba Team, both represented by Carlo Piana, and others intervening in support of the EC; and Microsoft and its supporting intervener ACT on the other side. Neither peanuts nor popcorn were thrown across the aisle.
After the hearing, Carlo Piana said:
“The hearing established that Free Software is central to restoring competition in the workgroup server market,” said FSFE’s legal counsel Carlo Piana. “Everyone agreed to this, including the judges. This case matters because it highlights that interoperability is more important than a company’s interest in keeping its dominant position.”
From Microsoft’s arguments it became clear that the company’s instincts have not changed one bit, despite repeated claims to the contrary. It is still bent on locking down any market it enters, and blocking the path of competitors wherever possible. This is another reason that this case is so important: It has shown that Free Software is important for competition, and that a free market is more important than the interests of a single company in reaping monopoly profits.
Continue reading Samba case hearing: How Microsoft’s gamble backfired
Will technology make us freer? Cory Doctorow has a nice little article about the role of Free Software as a tool for social activism. In particular, he’s writing about why it’s important that the tools we use for activism should be free:
Herein lies the difference between a ‘‘technology activist’’ and ‘‘an activist who uses technology’’ – the former prioritizes tools that are safe for their users; the latter prioritizes tools that accomplish some activist goal. The trick for technology activists is to help activists who use technology to appreciate the hidden risks and help them find or make better tools. That is, to be pessimists and optimists: without expert collaboration, activists might put themselves at risk with poor technology choices; with collaboration, activists can use technology to outmaneuver autocrats, totalitarians, and thugs.
The text makes it pretty clear why Facebook is horribly ill-suited to social activism. It also reminds me of Malcom Gladwell’s argument from October 2010 that the revolution will not be tweeted.
Yesterday, I hopped over to Amsterdam to speak at Mediamatic about Free Software and FSFE at one of their Ignite events. The format was interesting: A strict time limit of five minutes per speaker, with slides that auto-advance every 15 seconds.
The Mediamatic Bank is an art and exhibition space in central Amsterdam. Most or all of the other presentations were artists telling the audience about their own work. There were some projects that I liked a lot:
- Miktor and Molf divide their projects into “good work” and “bad work”. Good work is when they get paid, bad work is when they don’t. They’re right now building an empty swimming pool for skating in, in Amsterdam. Like a number of the other projects presented that evening, it’s crowdfunded.
- Niels van Koevorden and Sabine Lubbe Bakker are making a movie about “The End of Belgium”. The country hasn’t had a proper government for about a year now. So these two are now setting off on a month-long tour in a converted army truck, interviewing people around the country and trying to work out what holds Belgium together (or not). Given that I live about 200 metres from the Belgian border, I’ll invite them to come round to my place and look at Belgium from the outside.
- Journalist Mariette Hummel is kicking off her DigiMe project. For six months, she will try to document all the traces she is leaving in the digital world, whether actively (e.g. Tweets) or passively (e.g. mobile phone location records).
There was much more goodness, such as Alex Fischer carving treesaround the world (my favourite was a tree with a power socket in it), Arthur de Vries turning photos of faceless mercenaries into statues, and Erik de Graaf with his graphic novel “Scherven” (Fragments) about a Dutch couple being torn apart in WWII.
The current Piece de Resistance exhibition at Mediamatic Bank (Vijzelstraat 68) looks very interesting, though I didn’t get time to really see it. In case you’re in the area on May 21, Mediamatic is hosting a fingerprint forgery workshop courtesy of the Chaos Computer Club, along with an RFID Zapper workshop. Should be a treat.
(Article originally published on netzpolitik.org)
Das Bundeskartellamt und das US-Justizministerium haben gestern den Verkauf von 882 Novell-Patenten genehmigt. Die Software-Monopolrechte gehen an eine Firmengruppe namens CPTN. Die wiederum besteht aus Microsoft, Oracle, Apple und EMC. Das Erfreuliche: Offenbar unter massivem Druck aus der Freie Software-Welt mussten sich die CPTN-Firmen offenbar auf Bedingungen einlassen, die den Wettbewerb durch Freie Software schützen sollen. In ihren Mitteilungen heben die Behörden nicht nur die Rolle Freier Software für den Wettbewerb hervor. Sie stellen auch klar, dass Patentklagen ebenso wettbewerbsfeindlich sein können wie “Fear, Uncertainty and Doubt”-Strategien.
 Nach der Übernahme: Ein neues Geschäftsmodell für Novell?
Continue reading Bundeskartellamt: Freie Software schützt den Wettbewerb
At FSFE, we’re closely watching how the public sector goes about buying software. A lot of money changes hands here, so it’s worth paying attention, especially since a couple of studies have shown that public authorities frequently get the process wrong.
Fortunately, there are legal remedies available. If your company bids for a contract, and the offer is rejected, you can go to court if you feel treated unfairly. You can do the same if you think the call for tender is designed in a way that prevents your company from bidding for the contract in the first place.
There’s certainly a lot of unfairness out there. One of the most common mistakes that public bodies make is to use a brand name in a call for tender, such as saying “we want software from company X”. Under European rules (see Directive 2004/18/EC, para 23.8) , that’s illegal unless there’s no other way to describe what you’re looking for. In software, there almost always is such a way. If you’re looking for a word processor, you should say so, rather than asking for “Microsoft Word” or similar – otherwise you’re excluding competitors from bidding. And that’s illegal.
So there are clear rules, and there are lots of public bodies breaking them. Yet when I ask companies that offer Free Software or related services why they don’t go to court more frequently to appeal against such unlawful calls for tender, they often tell me “we don’t want to annoy our potential customers”. They’re afraid that if they sue a public body (for example, the European Commission) over a bad procurement action, they’ll never get any business from the Commission again.
But is that fear justified?
Our intern Natalia was looking at the EC’s own procurement practices the other day. The Commission’s desktop computers run on Windows XP. The necessary licenses are sourced through a contract with Fujitsu-Siemens from 2008, with a total final value just short of 49 million Euro. When the EC awarded that contract, an unsuccessful bidder sued (Case T-121/08, pdf). The bidder’s name? PC-Ware. That sounded familiar, and indeed: It’s the very same company that won a the 189 million Europe SACHA II contract from the European Commission in December 2010. That’s almost four times the total of the Fujitsu-Siemens contract.
Which goes to show that suing your customers can be, to paraphrase Neelie Kroes, a very smart business decision indeed.
When it comes to Free Software and Open Standards, the UK has long lagged way behind other countries. There were a few policies that sounded good on paper, but that’s exactly where they stayed.
This may be finally changing. The UK Cabinet Office has issued a “procurement policy notice” (.pdf) that is, well, surprising. In a good way. It tells public bodies in the UK how they should go about buying software. It says the right things:
When purchasing software, ICT infrastructure, ICT security and other ICT goods and
services, Cabinet Office recommends that Government departments should wherever
possible deploy open standards in their procurement specifications.
and for the right reasons:
Government assets should be interoperable and open for re-use in order to maximise
return on investment, avoid technological lock-in, reduce operational risk in ICT
projects and provide responsive services for citizens and businesses.
But if you’ve followed the epic EIFv2 debate and its outcome, you’ll know that the key to it all is the definition of what an Open Standard is, exactly. This is where this little unassuming procurement notice really shines:
Government defines “open standards” as standards which:
- result from and are maintained through an open, independent process;
- are approved by a recognised specification or standardisation organisation, for example W3C or ISO or equivalent. [...]
- are thoroughly documented and publicly available at zero or low cost;
- have intellectual property made irrevocably available on a royalty free basis;
and
- as a whole can be implemented and shared under different development approaches and on a number of platforms.
So, what does this amount to?
This is one of the stronger policies that we’ve seen from European governments. It certainly is a leap ahead for the UK, which until now has lagged behind many other European countries in terms of Free Software adoption in the public sector. We’d like to see similarly well-considered steps from more European governments.
The policy note is refreshingly clear on what constitutes an Open Standard. The requirement that patents which are included in Open Standards should be made available royalty-free is a welcome improvement over the fudged compromise in the new European Interoperability Framework. It’s good to see the UK government take leadership on this important issue, in its own interest and that of its citizens.
As the lamentable OOXML charade has shown, it’s important that standards are developed in a process that’s independent of any particular vendor, and open to all competitors and third parties. We commend the UK government for making this an explicit requirement. The definition of Open Standards could have been even further improved by demanding a reference implementation in Free Software.
Procurement based on this policy will bring the UK public sector strategic independence in its IT choices, freedom from vendor lock-in, and financial savings. It will also make it easier for UK citizens to communicate with their authorities using Free Software and Open Standards.
What next?
While this is an excellent document, we’re not quite there yet. The UK government has just opened a public consultation on Open Standards in government ICT that needs your input. Notably, the survey includes a section on what the definition of an Open Standard should be.
As always, the proof of the pudding will be in the eating. Implementation is what counts in the end, and the UK public sector has some credit left to earn in that respect. But this policy note takes the UK’s public sector one large step closer to software freedom, and into Europe’s fast lane of Free Software policy.
On the invitation of the GNU hackers, I spoke today in the GNU DevRoom at FOSDEM. The talk was on “Power, Software, Freedom — Why we need to divide and re-conquer our systems”. Here are the slides.
What makes a free service? If we do our computation on machines that we don’t control, how can we make sure we get the same freedoms that Free Software gives us on our own computers?
This is a discussion that urgently needs your brainpower and your coding magic. As a starting point, do you know a project in this area that should be added to this list?
On November 22, 2010, Novell agreed to be bought by Attachmate. While this move wasn’t particularly controversial, a detail raised eyebrows. At the same time, Novell announced that it was selling 882 of its patents to a consortium made up of Microsoft, Oracle, Apple and EMC.
This is worrying. Given that Novell has been involved in Free Software development for a long time, it’s likely that a number of the company’s patents cover important Free Software technologies. In many markets such as operating systems, desktop productivity, or web servers, Free Software programs are the key competitors to Microsoft’s offerings.
Allowing a consortium of Microsoft, Oracle, Apple and EMC to acquire patents that are likely to read on key Free Software technologies would do huge damage to competition in the software market. This is yet another reason to continue FSFE’s ongoing work against software patents.
Microsoft has used patent lawsuits to stifle competition from Free Software (e.g. TomTom), and has long used unsubstantiated patent claims for a continued campaign of fear, uncertainty and doubt against Free Software. Oracle also has used its patents aggressively against Google.
CPTN might also decide to sell the patents on to third parties. These could be patent trolls (“non-practicing entities”), or members of the consortium itself. In September 2009, Microsoft sold 22 patents related to GNU/Linux during an auction where only non-practicing entities were invited.
All these cases would be bad for competition in the software market. Microsoft in particular would be holding a stash of patents that everybody believes to relate to Free Software. At the very least, this would make their FUD campaign much more powerful. The company could also move into patent litigation much more aggressively, suing competitors out of the market. (Both the legal costs and the potential damages in a patent lawsuit are so large that they represent a serious threat to any company that’s not really, really large.) Or CPTN sell the patents to a patent troll and let that organisation do all the dirty work.
As a consequence, if the sale of Novell’s patents to CPTN is allowed to go ahead, this will significantly increase the legal threat level for Free Software.
This is why FSFE is extremely concerned about the sale of Novell’s patents to CPTN. We have shared our concerns with the German competition authorities on December 22, 2010.
CPTN apparently withdrew its filing with the German authorities on December 30. This could mean that the companies behind CPTN are changing their strategy, or that they’re merely reformulating their application. It definitely doesn’t mean that the danger is over.
The competition authorities should only allow this deal if there are effective measures in place to prevent the patents in question from being used against Free Software in an attempt to restrict competition. As an effective measure, CPTN Holdings should be required to make the patents in question available under conditions which allow their use in Free Software, including in programs distributed under GNU General Public License (GPL) and other copyleft licenses.
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