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Leaked Letter — BSA Pressures Europe To Kill Open Standards

An anonymous reader writes "The Business Software Alliance is trying to kill open standards. Free Software Foundation Europe has gotten hold of a letter in which the BSA tries to bully the European Commission into removing the last traces of support for open standards from its IT recommendations to the public sector. FSFE published the BSA's letter (PDF), and picked apart its arguments one by one."

48 of 156 comments (clear)

  1. Seems pretty simple to me by Anonymous Coward · · Score: 5, Insightful

    The documents the BSA is complaining about apparently give preference to "open specifications" that don't have the complication of software patents, that are freely implementable without licensing fees, etc. They aren't saying that software or standards with software patents and licensing fees are excluded from competition, only that the open ones are given preference over ones that aren't.

    It's all about saving money and avoiding unpleasant surprises (patent trolls) after a standard is deployed. What the hell is wrong with that?

    1. Re:Seems pretty simple to me by Macthorpe · · Score: 5, Funny

      Don't start being reasonable about it... You'll spoil everyone else's fun.

      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    2. Re:Seems pretty simple to me by Carewolf · · Score: 4, Informative

      It's all about saving money and avoiding unpleasant surprises (patent trolls) after a standard is deployed. What the hell is wrong with that?

      The international association of patent trolls takes offense at any legal moves that complicates the business of their clients. This is what this article is about.

    3. Re:Seems pretty simple to me by mwvdlee · · Score: 2, Interesting

      The only difference between an open and a closes specification is that the you usually have to pay patent license fees to implement a closed one. Whether a specification is closed or not does not protect you from patent trolls.

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    4. Re:Seems pretty simple to me by betterunixthanunix · · Score: 5, Insightful

      However, the EU could easily solve the patent troll issue when it comes to software: they could simply not recognize software patents.

      --
      Palm trees and 8
    5. Re:Seems pretty simple to me by Anonymous Coward · · Score: 2, Informative

      However, the EU could easily solve the patent troll issue when it comes to software: they could simply not recognize software patents.

      They don't. Why do you think shits like Microsoft and Apple are always paying off European politicians to vote for them. Durrr!

    6. Re:Seems pretty simple to me by Anonymous+Brave+Guy · · Score: 4, Informative

      Fortunately, since the Lisbon Treaty came into effect, circumvention of (elected) MEPs by (unelected) Commissioners is not so easy. The European Parliament handed the Commission its ass on a couple of major points very quickly to educate them about the changed situation. If memory serves, ACTA is up this coming week, so it will be interesting to see whether it happens again (though it sounds like most of the really bad parts of that have effectively already been dropped as the by-the-back-door politics failed).

      As for software patents, the situation is not as straightforward in Europe as some people describe. There is no Europe-wide formal recognition of "software patents" as some sort of category, but numerous patents have been granted by European nations that you or I might describe as "software patents", and as with most such things, whether they are deemed enforceable isn't something we'll know until the court case comes up, and the potential chilling effects are there anyway.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    7. Re:Seems pretty simple to me by next_ghost · · Score: 4, Insightful

      In the corporate world, maybe (depends on how stupid the pointy haired bosses are). In the government, against all the lobbyists? No way. Big software corporations will do anything to get governments locked in vendor lock-in. It takes some time to realize how special the "special offer" really is and government agencies either don't have experts who know that beforehand or don't listen to them. And don't forget that locking the government in proprietary system also means locking half of the country's market as well because a lot of companies will be forced to use the system by the government.

    8. Re:Seems pretty simple to me by Locutus · · Score: 2, Insightful

      and proprietary software protects them from patent trolls? what are you smoking? Have you not seen how patent trolls have, in some cases, gone after customers who were using the software and not the company producing the software. Proprietary software does not protect you from software patents. And as far as the open specifications requirements go, these are public entities and public documentation and services. They have 100% rights to try first and foremost to reduce the per user licensing fees they would have to pay or the public would have to pay in order to provide services. It seems you see nothing wrong with requiring every member of the public to require a license from one company just to read documentation the government produces.

      We're not talking about dictatorships here, these governments are publicly elected and proclaimed to be representing and those they govern. So there is plenty wrong with preventing their ability to see that open standards get first shot since there are many benefits to the public for doing this. IMO

      LoB

      --
      "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
    9. Re:Seems pretty simple to me by dc0de · · Score: 2, Informative

      It's not that the BSA is trying to save money, and avoid unpleasant surprises when patent trolls try to patent something. It's about the BSA making money. If you ever tried to buy a BSA Standard, you'll know just what I'm talking about. What is a standard? It is a set of "common sense" collaboration of best practices. If it is created by 50 people who all want to make a standard, and they decide to GIVE it away, then simply put a GPL or GNU license on it. In the doctrine of full disclosure, I'm a published author, and a creator of several standards that were provided freely, and are now the basis for many standards that are for purchase.

      --
      - just because you're not paranoid, doesn't mean I'm not out to get you.
    10. Re:Seems pretty simple to me by MacWiz · · Score: 3, Interesting

      It's all about saving money and avoiding unpleasant surprises (patent trolls) after a standard is deployed. What the hell is wrong with that?

      Uh... While that statement sounds logical on the surface, there's one slight flaw in this "insightful" comment. The members of the BSA ARE the patent trolls.

      http://www.bsa.org/country/BSA%20and%20Members/Our%20Members.aspx

  2. Repugnant by amanicdroid · · Score: 5, Insightful

    While it's easy to laugh at optimistic young people that want to "make the world a better place," I have nothing but total disdain and condemnation for those that want to make it worse.

    I'm looking at you BSA and cell phone makers that use weird plugs.

    1. Re:Repugnant by neumayr · · Score: 3, Funny

      Yeah, curse those cellphone makers and their weird plugs! They'll be the first against the wall when the revolution comes!

      --
      Truth arises more readily from error than from confusion. -Francis Bacon
    2. Re:Repugnant by Noughmad · · Score: 2

      First they came for the BSA. I did not speak up because I do not hold any software patents.
      Then they came for the makers of cellphones and their weird plugs...

      --
      PlusFive Slashdot reader for Android. Can post comments.
    3. Re:Repugnant by betterunixthanunix · · Score: 2, Informative

      Then we were all happy, because we could develop libre software and buy generic cell phone chargers?

      --
      Palm trees and 8
    4. Re:Repugnant by amanicdroid · · Score: 2, Informative

      And nothing hurt.

    5. Re:Repugnant by Twinbee · · Score: 5, Insightful

      Well said. Open source software is one thing, but open standards, (especially when it comes to hardware) is so critical in saving billions of pounds from the scourge of UWS (Unnecessary Work Syndrome).

      I feel that we're 'lucky' to have say, USB as a standard in connectors. It saves an untold amount of time, development and hassle. I think very long and hard before I buy a device these days which doesn't support charging through USB.

      --
      Why OpalCalc is the best Windows calc
    6. Re:Repugnant by ThunderBird89 · · Score: 2, Informative

      I seem to remember that cellphone chargers in the EU have been standardized to use the mini-USB plug and standard.

      --
      Hyperbole: I use it liberally!
    7. Re:Repugnant by davester666 · · Score: 2, Informative

      Except being whacked by cell phones or garroted with cell phone charger cables...

      --
      Sleep your way to a whiter smile...date a dentist!
    8. Re:Repugnant by koiransuklaa · · Score: 2, Informative

      micro-USB will be a EU standard in January and it seems this is not just a dead-letter law: All major phone manufacturers have already agreed to go along. EU is a market of half a billion people so in practice this _will_ be a global standard, unless some other major market area starts to actively fight this by standardizing on something else.

    9. Re:Repugnant by BillX · · Score: 2, Interesting

      There is a 'trick' to it, but it's more of a hack around USB's limitations than an explicit lockdown ploy by Apple. There's not a cryptographic lockout chip in the Apple chargers or anything. They signal the charge current (as high as 1-2A, while the USB spec only allows 500mA) by tweaking the pull-up resistor values on the D+/D- lines which ordinarily allow the host to identify lo/full/hi speed devices.

      If you have an older/unofficial/DIY charger which shows 'Unsupported', you can add 4 ordinary resistors to make it supported (and limit the charge rate, if needed):
      http://www.ladyada.net/make/mintyboost/icharge.html

      --
      Caveat Emptor is not a business model.
    10. Re:Repugnant by Xtifr · · Score: 2, Insightful

      And as I've gotten older, my interest in and support for Free/Libre/Open Source has only grown, but my interest in and support for open standards has grown even faster. Thus, ultimately, we agree on the extreme importance of open standards (and the inherent wrongness of the BSA's position on this matter) despite the fact that our opinions on FLOSS are moving in different directions. :)

  3. Kick the patent trough and the hogs squeal by HangingChad · · Score: 4, Insightful
    that a specification...is only fully open if "the specification can be freely implemented and shared under different software development approaches."

    That doesn't mean only open source can participate, it means if you're not willing to waive your patent protections your products can't be included in the specs. There's nothing in the rule that prevents closed source from participating except their own short-sighted greed.

    Wow, talk about a sense of entitlement. Change the rules so we can play the way we want to or we're going to take our toys and go home.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    1. Re:Kick the patent trough and the hogs squeal by betterunixthanunix · · Score: 2, Insightful

      talk about a sense of entitlement

      Should this surprise you? Think about the group of people you are talking about.

      --
      Palm trees and 8
  4. Reasonable and non-Discriminatory isn't by selven · · Score: 5, Insightful

    Any royalty above zero is inherently discriminatory against small companies and startups. The FSF correctly point out that the amount of capital needed to start a software company is very small, so having to pay a royalty on top of that significantly increases the amount of capital needed. This is just an attempt by large companies to maintain their monopolies and prevent competition from even entering the playing field.

    1. Re:Reasonable and non-Discriminatory isn't by m509272 · · Score: 2, Interesting

      So you are trying to say a company made up of a sole developer cannot make good software? The capital requirement in those scenarios is likely zero as the person that goes this route is likely developing at home, off hours from his "real" job, already has a computer and perhaps the only additional expense is keeping the lights and computer on longer. I also know of a few 2 and 3 person companies that perform in exactly the same manner. So your claim of it being a "grossly misleading claim" is exactly that.

    2. Re:Reasonable and non-Discriminatory isn't by jopsen · · Score: 2, Informative

      Did they? My experience tells me it takes a lot more capital and resources to make good software than what most, especially small, companies invest.

      Or talent... Throwing money at software doesn't necessarily make it better...

    3. Re:Reasonable and non-Discriminatory isn't by neumayr · · Score: 2, Informative

      One person companies, maybe. There's more additional cost than you're listing, but overall, you may be right.
      But most commercial software projects take more manpower than one or two or three developers can accomplish, and then you will need a project manager to coordinate them. That's where small companies often fail, just by not being willing to invest in one who actually has any clue about management.

      --
      Truth arises more readily from error than from confusion. -Francis Bacon
  5. Hope by should_be_linear · · Score: 5, Interesting

    Lets hope their letter is already correctly tagged "-1 Troll" in EU parliament. Actually BSA has positive side-effect in Europe. Many people, like me, entered politics thanks to assholes like them. I joined Green Party to fight this scum and actually find out that IT-aware "departments" of political parties are quite small, so few informed people can influence not only party politics but also government (if/when that party is in government). Look at German greens, there popularity is skyrocketing. I bet quite few percent are young people pissed by Internet and free SW restricting lobbyist groups. Especially BSA.

    --
    839*929
  6. Re:Some open standards lobbying in EU isn't credib by Anonymous Coward · · Score: 2, Insightful

    Speaking of corporate stooges, I'm pretty sure you are paid by Microsoft. The amount of attacks you make on a company seem directly related to how much they contribute to the open source ecosystem.

  7. As if there were any doubt by erroneus · · Score: 4, Insightful

    The BSA, just as their brethren the RIAA and MPAA, lie and deceive to press their clients' agenda. Open standards are to the benefit of all and that should be clear and easy to see for even the uninitiated. Open standards are very similar to units of measure in this respect and we can all imagine what things would be like if we didn't operate from the same ones... even worse if a third party controlled the meaning and use of those standards of measure. (weak analogy, I know, but easy enough for the layman to understand)

    1. Re:As if there were any doubt by harvey+the+nerd · · Score: 3, Interesting

      Julius Ceasar mucked about the priesthood's proprietary calendar concession. Look what happened to him. Power elite proprietary rental schemes have a long, long history. Ultimately backed by thuggery.

    2. Re:As if there were any doubt by dylan_- · · Score: 2, Informative

      Julius Ceasar mucked about the priesthood's proprietary calendar concession. Look what happened to him.

      1. Julius Caesar was reckoned to be a direct descendant of Venus, so, as a divinity himself, he was pretty much right at the head of the "priesthood".

      2. There was no "proprietary calendar". There wasn't any kind of useful calendar at all. That's why he needed to create one.

      3. He was killed because some people didn't like his dictatorship and wanted to restore the Republic.

      --
      Igor Presnyakov stole my hat
  8. Concern Troll is a Troll by Anonymous Coward · · Score: 5, Informative

    Also check out the instant +5. Campaigning on /. is unethical.

    Florian Mueller is a professional PR man, advocate of Orwellian-named (F)RAND licensing and OOXML. In case anybody here doesn't know (unlikely), OOXML is Microsoft's misleadingly-named attempt to lock in the world's official documents. The fight against it was the good fight; only the most deluded and the paid disagree. Florian is the "corporate stooge" here.

    He is not a friend of FOSS. He is a paid advocate for Microsoft's and the BSA's policy goals.

    Never too late to change, Florian. Tell everyone who you work for, call off the mod brigade, do something good. This is not an abstract or esoteric debate to most of us here, it affects our lives directly. Leave the technology policy to us, go play soccer or something.

    1. Re:Concern Troll is a Troll by FlorianMueller · · Score: 3, Interesting

      That posting asserts all sorts of things without any basis. To give just one example (this is too unreasonable to comment on every aspect of it), I've never advocated OOXML in any way and as far as FRAND is concerned, I've always made it clear that it's not my first choice.

    2. Re:Concern Troll is a Troll by Anonymous Coward · · Score: 5, Interesting

      Ah yes, you're not advocating OOXML, you're just suggesting that unencumbered document formats are an IBM conspiracy. And oh how you wish there was a better way than RAND! But there isn't, so the best thing for us to do is sign licensing agreements with Novell, Oracle, and Microsoft.

      Since it's all too unreasonable to comment on, just address one point: Categorically deny that you are being paid for this PR campaign, and that your posts and the the obscene moderation thereof are part of said campaign (not that I have any hope for an honest answer).

      A concern troll is a false flag pseudonym created by a user whose actual point of view is opposed to the one that the user claims to hold. The concern troll posts in web forums devoted to its declared point of view and attempts to sway the group's actions or opinions while claiming to share their goals, but with professed "concerns". The goal is to sow fear, uncertainty and doubt within the group.

    3. Re:Concern Troll is a Troll by lordholm · · Score: 2, Funny

      Ignore the troll Florian, you are doing a great job. I salute you!

      --
      "Civis Europaeus sum!"
  9. Dear BSA, the liability is yours.. by cheros · · Score: 4, Interesting

    ISO standards are in principle open as well (well, they more or less were until Microsoft showed us just how easy it is to bribe leadership, but I digress). Following the BSA logic, this should prevent competition.

    Just how many different makes of child seats are there? Should we stop this too? And the checking of how secure they are according to OPEN specifications that can be validated for quality?

    These people are *so* blinded by their desire for control that they don't just ignore the collateral damage they cause, they actively don't care. Let's give them the benefit of their idea of "innovation" and send them to live in caves to write their next memo on a stone with a blunt chisel.

    --
    Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
  10. Follow the money AND beware by Anonymous Coward · · Score: 4, Insightful

    Seldom do profit and "best for country" align.

    The BSA is a sponsored organization - sponsored by payments from commercial software makers. It works on their behalf and in their interests. The BSA also allows the commercial software makers to avoid getting their company shown in a negative light as they fight against anything that would reduce profits for the sponsor companies.

    Open formats reduce profits for commercial software companies because we (our governments) don't need to pay for expensive "consultants" to create integrations. Integrations are where the consulting cash rolls in. Special requests that can be sold over and over again are another way they make money. With free software and open file formats, customers can most easily switch between different softwares and use different vendors against each other. With closed formats, only 1 software can work with the data. That is want the commercial software vendor wants everyone to believe.

    The main issue with open specifications is they don't mandate open file/data formats. That means the details of the implementation can be interpreted by different vendors in very different ways, while still complying with the spec. That basically makes each implementation proprietary and achieves what the commercial software makers want.

    That is not a way for governments - and all of us - to get what we really want.

  11. Re:Some open standards lobbying in EU isn't credib by Nursie · · Score: 4, Interesting

    Who's talking about FOSS licenses?

    This discussion is about open standards. And whoever is pushing the open standards (no, it doesn't matter a jot whether it's big blue, redhat, google and what ethical issues they may have or even if they implement the standards properly) the BSA's move here is unethical and just plain wrong.

    And please don't mention OOXML opposition in the same ... universe as money and corruption when we all saw how that utter abortion of a non-standard was pushed through.

  12. Another recommendation.. by cheros · · Score: 3, Interesting

    If this is their stance, are we not talking about cartel building? With this sort of letter I would be most curious to know just what other actions have taken place behind the scenes to make that BSA stance reality. Or, in plain English: maybe an anti-trust investigation could well be in order..

    --
    Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
  13. Look at the member list by gilesjuk · · Score: 2, Informative

    http://www.bsa.org/country/BSA%20and%20Members/Our%20Members.aspx

    Some pretty big players in overpriced hardware and software in there. Adobe, Microsoft and Quark being three who are big players in proprietary document creation software.

  14. "End users" as developers by betterunixthanunix · · Score: 4, Informative

    It is fair to point out that the BSA and its member companies operate under an entirely different view of the world than you or I do. In their view of the world, there are two disjoint sets of people: developers, and end users. Developers write software, and end users pay developers to use the software. If a particular team of developers created some software package, the end users are supposed to get their software from that particular team, on whatever terms that team mandates. Open source fits into this by simply allowing lots of developers to collaborate; there is still supposed to be a partition of users and developers.

    The BSA folk have trouble with the very concept of libre software; it is a case of "not getting it." The idea that users can share software with each other is foreign to these people, and it goes against everything they believe is true of software development. They have an easier time with "open source," since at least they can still categorize people in a way that is comfortable to them; but when it comes to software freedom, when it comes to actually prioritizing the rights of non-developers, they have trouble with the very concept. "Open source" is something the BSA can compete with, attack, and so forth, because they can wrap their minds around it; "free software," on the other hand, is too different from the world as they understand it, and the best they can do is write it off as "academic."

    --
    Palm trees and 8
  15. Re:Some open standards lobbying in EU isn't credib by Lonewolf666 · · Score: 3, Interesting

    Good points, but there may be some cases where a file format is actually patented (despite exclusions in patent law).

    In that particular situation, I think the EU should actually do what the BSA letter suggests, and refrain from using that particular technology for its public standards. In the probably most relevant field for government bureaucracies, formats for office documents, there is already a good enough open standard in the form of ODF.

    --
    C - the footgun of programming languages
  16. Just in case ... by mutherhacker · · Score: 3, Informative

    You were wondering who is behind the BSA: Complete list of BSA members

  17. Enemies of open standards... by gweihir · · Score: 2, Insightful

    ... are basically enemies of society as a whole. I think it may be time to contain these evil scum permanently.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  18. BSA vs Tolkien version of The Hobbit by gmuslera · · Score: 2, Funny

    In BSA version, Bilbo get in thru the main door, and handles the dragon a letter where he demand all the gold, and that the dragon tie itself and follow all his orders, no magic involved.

  19. Eeeht eez ahn oowtrehge! by Hognoxious · · Score: 4, Insightful

    Despite all the jokes about Belgian nonexistence and French cowardice the European Commission will never capitulate to bullying.

    However flattery, bullshit, and bribery have all been proven to be very effective.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."