Bonum Certa Men Certa

Speculation: Did Microsoft Try to Get Sun to Sue Linux? (Updated)

We already know (or should know by now) that Microsoft funded SCO's lawsuits against Linux users, at least in part. We also know that Microsoft tried to get the inventor and creator of Minix to sue Linus/Linux, essentially by persuading a writer to insert something into a book. Here is the gist of the story:

Andrew S Tanenbaum: A couple of years ago this guy called Ken Brown wrote a book saying that Linus stole Linux from me, from Minix, and therefore the intellectual property rights are unclear and therefore companies shouldn't use Linux because I might sue them.

It later came out that Microsoft had paid him to do this -- and I defended Linus. I wrote on my Web site saying that this guy Brown came through, visited me and I gave him the [correct] story.


This one story has a happy ending (except for Microsoft, which was caught red-handed).

Today, Pamela Jones (of Groklaw) has a little insight. Based on Jonathan Schwarz's blog, she suspects that Microsoft may have tried to encourage Sun to sue Linux (the infamous 'proxy manoeuvre'). Here is what Jonathan says...

Years back, Sun was under pressure in the market.

[...]

With business down and customers leaving, we had more than a few choices at our disposal. We were invited by one company to sue the beneficiaries of open source. We declined. We could join another and sue our customers. That seemed suicidal.


Notice that here you have the same dilemma that Microsoft (maybe even Novell) is now facing. Can they scrutinise their own customers? In any event, here is Pamela's take, which relates to what got this impulsive post started.

PJ: This is interesting in its own right, but my paralegal hat on, I am also highlighting it for anyone thinking about an antitrust lawsuit someday. I'm wondering if Microsoft tried to get Sun to sue Linux end users. I don't know if that is what he is alluding to here, but if I were in discovery, I'd surely investigate that possibility, as it could help show a pattern of using, or trying to use, surrogates to misuse litigation as an anticompetitive weapon.


Might Microsoft be pulling the same tricks in its fight against Google? It sure looks like it.

After a government- and monopoly-inspired period in which Microsoft had to pretend to be a gentle force for global good, the company is being forced to return to its ruthless roots. Ironically, it is doing this in part by decrying the unfair practices of a competitor and shamelessly sucking up to the Establishment.


As you may recall, Microsoft urged companies to sue Google over its YouTube content. Later on, Microsoft closed its YouTube equivalent (Soapbox) to subscribers because it had encountered and suffered from the same issues that earlier it decried. Need we even mention Microsoft's attempt to shoot down the DoubleClick acquisition? Need we repeat Microsoft's argument that Google is a monopoly? Where does hypocrisy begin and where does it end?

Update: The Register concurs and reaches similar speculations. It does not go quite so far however.

Comments

Recent Techrights' Posts

Links 28/08/2025: Chatbots Distorting/Fabricating History and Also Driving Suicide
Links for the day
Open Source Initiative (OSI) Resists Software Freedom, Even by Attacking Its Own
The OSI is compromised
 
Richard Stallman (RMS) Talk in Ethereum Cypherpunk Congress Will be Remote
This past week RMS received lots of accolades online
The Register MS (Run by Microsoft Operatives): Free Software is Putin, Hence Evil and Dangerous
The current editor in chief is an American Microsofter, the previous one went to work for Google (US)
Gemini Links 28/08/2025: Back in Japan and Why "Hacker News" Sucks
Links for the day
A Much-Needed Wake-up Call to Users of Wordpress.com, Blogspot, Substack and All Those Other Outsourced (and Centralised) Platforms
There are several lessons in there
The UEFI 9/11 - Part II - Campaign of Censorship and Defamation Against Critics
In dictatorships, humour serves an important role. It's tragic.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 27, 2025
IRC logs for Wednesday, August 27, 2025
Slopwatch: linuxsecurity.com, Slopfarms in Google News, and More
Some readers of ours end up sending us links that are from slopfarms, not realising those are slopfarms
Gemini Links 27/08/2025: Katrina Memories and Google Versus Software Freedom
Links for the day
Links 27/08/2025: Police Against Media Freedom in the UK, Energy-Hungry Countries Targeted by China
Links for the day
Microsoft Windows Fell to All-Time Lows in Egypt This Summer, Vista 11 Adoption Decreases While GNU/Linux Increases
Vista 11 is going down rather than up
Links 27/08/2025: Microsoft Demoralises Staff With Slop Demands, Leaving Mastodon Explained
Links for the day
12 Hours Ago The Register MS Published a Fake (Paid-for) Article, But This One for a Change Did Not Promote a Ponzi Scheme
There are also Free software alternatives, but they don't pay The Register MS for "synthetic" so-called 'journalism'
More People Need to Call Out and Put a Stop to Serial Sloppers
Unless slopfarms are stopped, people will read and share Microsoft propaganda made by chatbots
Gemini Links 27/08/2025: Headphones and Tartarus
Links for the day
Morale at Microsoft is Terrible (Proprietary Plagiarism Machines Have No Future, LLM Slop is a Bubble)
The slop sceptics/critics are going to have lots of "told you so" moments
GNOME "governance issues, staff reduction, etc." amidst Albanian whistleblowing and women trafficking
Notice the connection to Software Freedom Conservancy (SFC) and GNOME
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 26, 2025
IRC logs for Tuesday, August 26, 2025
Richard Stallman (RMS) Was Right About "Sideloading" in 1996
We now have computers that treat booting GNU/Linux like an act of "Sideloading"
Panama: Windows Down From 97% "Market Share" to Less Than 30%
In 2009, Windows was measured at 97.24% (compared to 62.32% right now or less than 30% if one also counts Android)
The UEFI 9/11 - Part I - Introduction to Impending Catastrophe (Microsoft Preventing People From Booting Non-Windows Systems)
eight-part series
Why Techrights is Slow Today (Bot Floods)
We don't know if those bots are connected to LLMs (we have not checked), but that is a possibility
Slopwatch: DDoS Slop, LinuxBSDos.com Spam, and Slopfarms in Google News, Including webpronews.com
Among the news we also found fakes, albeit not so much today
Links 26/08/2025: "Ballooning Debt" in France and "Transnational Repression in the UK"
Links for the day
Gemini Links 26/08/2025: Listening to Alcest and Google Doing Evil (Users Installing Software is "Sideloading" and Prohibited)
Links for the day
Links 26/08/2025: DNS Tampering and TikTok Layoffs
Links for the day
Microsoft's Windows "Market Share" Overestimated
Microsoft's income sources are shrinking
We Shall See...
My wife and I are hardly the first victims of Brett Wilson LLP
This New Determination on a Case Echoes the Modus Operandi of Microsoft's Serial Strangler vs Techrights (Its Online Decision/Judgment Says Truth and Public Interest Defend the Publisher)
Noel Anthony Clarke hopefully has enough money left to pay his victims, which include the publishers
Going Offline
There was life before the Net
The Register MS Has Apparently Shut Down Its Office
It is basically a fake address on the face of it
There Are Also Expectations of IBM Layoffs Very Soon With "Narrative Control."
Some of them mention Red Hat and how IBM failed to achieve anything substantial with that acquisition
After at Least Two Rounds of Mass Layoffs in August Microsoft Said to Have "September Layoff Confirmed - Performance Based"
Those "M5 level meetings" sound plausible
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 25, 2025
IRC logs for Monday, August 25, 2025