EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

06.07.07

LG: Another Cross Licensing Deal with Microsoft Includes “Linux-based Embedded Devices”

Posted in Boycott Novell, Fuji Xerox, GNU/Linux, LG, Microsoft, Patent Covenant, Patents, Samsung at 6:17 am by Dr. Roy Schestowitz

After the deal with Fuji-Xerox and Samsung, Microsoft seems to have found another victim, with which it claims to have swapped patents, including Linux-related ones.

There is not much to see here because the previous deals with Fuji-Xerox and Samsung are similar (wording varies however). There is little to be worried about, but small companies that use embedded Linux ought to put an end to coverages such as this, which remain non-specific. Why would Linux require coverage? What Microsoft patents does Linux infringe on? Not a word from Microsoft. Recall deals where companies got betrayed or overcharged because patents simply remained hidden. In any event, here is the obnoxious part of news:

Under the agreement, LG will be able to use Microsoft-patented technology in its products, including Linux-based embedded devices.

To eliminate the path of destruction, one ought to force Microsoft to show its hands. Better sooner than later.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

13 Comments

  1. Shane Coyle said,

    June 7, 2007 at 8:39 am

    Gravatar

    Well, in this case I doubt LG was using OOO, Mono, or even Wine, if we’re talking embedded devices it’s just the Kernel, and maybe Samba that Microsoft could be claiming to allow them a right to use.

    Still trying to figure out what it is that Microsoft is licensing to these companies, a right to use what? Software in general?

  2. Roy Schestowitz said,

    June 7, 2007 at 8:47 am

    Gravatar

    There was a discussion about the wording a while back. It’s very vague, but it appeared not to have been the kenrel the last time (possibly just Mono on the phones). In any event, there is no technical collaboration (to defend the cash cow with OOXML), sales ‘tax’, or interoperability ‘tax’.

    Note: I have modified the site’s tagline to “Exploring the reality behind exclusionary deals with Microsoft and their subtle (yet severe) implications”. Hopefully it aligns with our extended scope, which is rooted in the Novell deal.

  3. Jack said,

    June 7, 2007 at 9:50 am

    Gravatar

    I’ve been writing about this since it all started up with Novell in November at our blog and web site, but our readers are still very confused as to what the heck is going on (it could very well be the writing, I know). They are not lawyers, and want to know how this affects the IT manager — not the legal team or the FSF.

    What are the direct consequences if MS continues to snap up vendors? I’m not talking the “religious” implications of such a scenario — I’m talking the day-to-day business of IT guys and managers in the trenches. I’m hearing “this is bad” from all over, and understand completely where that is coming from, but how does it hurt interoperability, which is one of the main concerns of IT managers today?

    -jack

  4. Shane Coyle said,

    June 7, 2007 at 10:14 am

    Gravatar

    I guess I’d have to ask – how does it help interoperability? If Microsoft wanted to interact with Linux better, it is quite easy – it’s all open source, they can have a look at what the interfaces are and go at it. Or, even easier, use an established open standard / protocol. Or, document their own interfaces and protocols for Free use, as the EC ruling is requiring. Like Red Hat maintains, interoperability shouldn’t require an agreement.

    The technical interoperability aspect of these deals is a red herring, the objectionable portion of these deal is precedent they set that the tax being imposed on implementing interoperability is justifiable, the manner in which they willfully circumvent the expressed intent of the GPLv2, and the fact that they amount to enabling a monopolist derive revenue from their only competition in the form of royalties based on spurious and vague claims.

  5. Shane Coyle said,

    June 7, 2007 at 10:28 am

    Gravatar

    But, again, what has this deal gained the day-to-day guys in the trenches? Microsoft’s ODF support plugin for Office is awful, Novell’s OOXML is incomplete at best (and many believe that has always been Microsoft’s intention with this absurd and impossible-to-implement ‘standard’ – one they cannot even afford the manpower to implement more than once themselves).

    There may be hope for ODF support in Office, but it won’t be coming from Novell or Microsoft.

    Recently, Kevan Barney tried to push off the availability of a VHD file for Microsoft Virtual Server as a Fruit of the collaboration, but I suppose there wasn’t any meat to that assertion after all.

  6. gpl1 said,

    June 7, 2007 at 10:44 am

    Gravatar

    This may be bigger than it seemed to me at first, dealing with the grandfather clause and section 11. From a post at Groklaw:

    “Pay attention! This is Microsoft’s countermove (or springing the trap)
    Authored by: gdeinsta on Thursday, June 07 2007 @ 11:12 AM EDT

    Assuming Linux eventually converts to GPL3 this would bar LG from using Linux in their devices. LG is a major, major manufacturer. Linux is being used in more and more appliances, especially phones. There is even an agreement among most of the major phone makers to adopt Linux. That’s why Linux now includes improved real-time support, despite the initial opposition of Linus; it is too important an opportunity to ignore.

    Hardware manufacturers aren’t like Linux distributors; the O/S is not a major part of their product. And there are huge capital investments required to become a hardware manufacturer, plus economies of scale, which means that hardware manufacturers don’t just come and go. Brands come and go, but the manufacturers behind them are the same, they just put on different nameplates.

    This move is designed to drive a wedge between the EFF and Linus and stop Linus from ever switching to GPL3.”

    http://www.groklaw.net/comment.php?mode=display&sid=20070606120901152&title=Pay%20attention%21%20This%20is%20Microsoft%27s%20countermove%20%28or%20springing%20the%20trap%29&type=article&order=&hideanonymous=0&pid=581186#c581261

    (I think instead of the EFF, he actually meant the FSF)

  7. gpl1 said,

    June 7, 2007 at 10:53 am

    Gravatar

    Jack: Microsoft is not about compatibility. If they succeed with their monopolistic strategy, Linux will not be free any longer, (and you will have no competition protection against monopolistic pricing) just as Microsoft’s Bill Hilf said. The only reason you have any compatibility is because of free software developers reverse engineering Microsoft’s deliberately obfuscated protocols.

    Remember, one of the main developers behind SAMBA which gives you Windows interoperability resigned from Novell after they made that awful deal in November.

    http://www.groklaw.net/articlebasic.php?story=20050205010415933

    http://www.groklaw.net/articlebasic.php?story=20061221081000710

    From the mouth of the company who wants ‘interoperability”—–

    “The Free Software movement is dead. Linux doesn’t exist in 2007.” Head of Microsoft’s Linux Labs, Manager Bill Hilf

    http://www.bangkokpost.net/090507_Database/09May2007_data05.php

  8. Jack said,

    June 7, 2007 at 12:06 pm

    Gravatar

    Thanks! On a side note, I didn’t mean to sound on one side of the issue or the other. I was looking for more straightforward info, as I imagine many people are hese days, and that’s what I got. Appreciate the links!

  9. gpl1 said,

    June 7, 2007 at 2:27 pm

    Gravatar

    Ooh, I also forgot another thing. The patent deal, while a nice moneymaker and FUD for MS, is actually very stupid for a Linux company to sign because it omits (not that these deals should be encouraged at all) programs like OO.org, server to connected client, sendmail, wine, etc. Status of Mono is unknown, probably for FUD reasons again, things that Novell didn’t make, etc. Anyone who feels protected has fallen for it.

    http://www.groklaw.net/article.php?story=20070525211117353

    “1.9 “Other Excluded Products” means (a) office productivity applications (word processing, spreadsheets, presentation software, etc.) of the Parties that are hosted by or running on a computer acting as a server for a connected client device, and (b) new features and functions in the following categories of products of the Parties, but not to the extent the products embody operating system software or other enabling technologies: (i) video game consoles (e.g., Xbox video game consoles), console games, video game applications designed to run on a computer, and on-line video gaming services (e.g., Xbox live); (ii) business applications designed, marketed and used to meet the data processing requirements of particular business functions, such as accounting, payroll, human resources, project management, personnel performance management, sales management, financial forecasting, financial reporting, customer relationship management, and supply chain management; (iii) mail transfer agents (aka email servers); and (iv) unified communications.”

  10. shane said,

    June 7, 2007 at 2:35 pm

    Gravatar

    Bruce Lowry provided some convoluted explanation that for Novell customers OOO didn’t get automatic coverage, but does get covenant coverage, whatever that means…

  11. Roy Schestowitz said,

    June 7, 2007 at 3:22 pm

    Gravatar

    @ gpl1:

    > “…This move is designed to drive a wedge between the
    > EFF and Linus and stop Linus from ever switching to GPL3.”

    Yes, that appears to make sense. This is not the first time pressure is applied using some deal. The Xandros deal had an element of this as well.

  12. Nubian Oracle said,

    June 8, 2007 at 11:55 am

    Gravatar

    We have one patent. Currently 22 companies reference it, including Microsoft. All without permission or license. So we now have the right to sue them? Anyone know a good lawyer?

    The patent is an established patented broadcast presentation system and method patent (number 5577042) that is being assigned to the companies listed below.

    Abstract for current patent – A broadcast and presentation system for synthesis of diverse data transmission signals and multimedia application subsystems. The system includes a signal processing line for transmitting information signals in multiple formats, a plurality of application subsystems for receiving input information in a predetermined signal format, a switching matrix for receiving input signals from the signal processing line and outputting the signals to the application subsystems that are described in destination and identification information that is embedded in the signal. The system further includes converters if necessary for receiving signals in one format and outputting the signals in another format according to the identification information that is embedded in the signal. The switching matrix may be programmable and controlled by a processor. A method of transmitting information signals includes embedding an information signal with destination and identification information; routing the information signal to a selected destination in accordance with the embedded destination information; and directing the signal to an application subsystem for processing the information signal at the selected destination in accordance with the embedded signal identification information. A method of receiving information signals includes receiving an information signal that has identification information embedded in the signal and routing the information signal to a selected application subsystem that is specified in the embedded identification information.

    Current U.S. Class: 370/257 ; 340/2.1; 370/232; 370/468; 379/243 Current International Class: H04L 12/28 (20060101) Current Public References which cited the patent with the patent Number and Title.

    1 US7155734 Methods of operating a data broadcast service
    2 US7069368 System of co-located computers in a framework including removable function modules for adding modular functionality
    3 US7051111 Multiple source proxy management system
    4 US7039116 Methods and apparatus for embedding and format conversion of compressed video data
    5 US6944826 Method of operating a system of co-located computers and remote human interfaces
    6 US6886055 Computer on a card with a remote human interface
    7 US6791977 Reclocker circuit and router cell
    8 US6788956 Terminal to execute a terminal application
    9 US6654616 Wireless area network having flexible backhauls for creating backhaul network
    10 US6487330 Optical switch, method of manufacturing same, and optical communication equipment using same
    11 US6473858 Method and apparatus for broadcasting data with access control
    12 US6370152 Distributed SNMP agent for frame relay switching network
    13 US6370155 High density unit shelf network interface card and method
    14 US6259672 Method and apparatus for providing delayed communications within a communication system
    15 US6229576 Editing system with router for connection to HDTV circuitry
    16 US6226038 HDTV editing and effects previsualization using SDTV devices
    17 US6226371 Communication system with assembly carrier unit
    18 US6160853 Modem concentrator
    19 US6016520 Method of viewing at a client viewing station a multiple media title stored at a server and containing a plurality of topics utilizing anticipatory caching
    20 US5999966 Control network-directed video conferencing switching system and method
    21 US5841969 Single bus architecture supporting subsystems of various criticality levels
    22 US5754787 System for electronically publishing objects with header specifying minimum and maximum required transport delivery rates and threshold being amount publisher is willing to pay
    23 US5729684 Method and apparatus for heterogeneous multimedia conferencing using multipoint references

  13. Phillip Coombs said,

    December 16, 2007 at 10:41 am

    Gravatar

    When I originally wrote the patent, I undertood how far reaching it was. I understood it was creating a whole new class of technologies. When we disclosed what we were doing in January 1993, I even coined the phrase “Convergence” and referred to the enviroment as “converged” and as a “converged network” which created an “interoperable environment”.

    There were many witnesses to what was going on in those days. Jim “Rusty” Lewis, Mike McGraw, Bill Kurtz, and William Westscott to name a few, plus the meetings and presentations we gave to MCI, Pacific Telesys, AT&T and NYEX. We convinced enough people that AT&T, MCI and Pacific Telesys cooperated to allow us to engage in a national video conference durig NAB Convention in 1993 and convince Cincinnati Bell to step out of the way.

    I am frankly tired of watching how downplayed our role at McGraw Broadcast and Gemini Group has been when it comes to “converged communications”. This patent defined Convergence.

What Else is New


  1. Links 28/8/2016: Q4OS 1.6, ConnochaetOS 14.2

    Links for the day



  2. The United States Has Gotten Over Software Patents

    A roundup of new articles about software patents in the United States, 2 years into the post-Alice era (the US Supreme Court deeming patents on software too abstract to have merit)



  3. More Lies From President Benoît Battistelli and the EPO Crisis Which Continues to Deepen

    The European Patent Office (EPO), collectively speaking, is still wrestling with a Battistelli infiltration (a circle of high-level managers) which habitually lies and viciously attacks those who dare counter these lies



  4. Links 27/8/2016: Torvalds and GPL, “DOD Must Embrace Open-Source Software”

    Links for the day



  5. Links 26/8/2016: Maru OS Resurfaces, Android More Reliable Than 'i' Things, PC-BSD Becomes TrueOS

    Links for the day



  6. Good Job, David Kappos, Says the 'Boss' (IBM)

    Responses to the latest call against Alice (eliminator of many software patents), courtesy of the man from IBM (still paid by IBM) who was responsible for the policy that blindly approved a lot of software patents in the US



  7. Being for Patent Quality or Against Patenting Excess Does Not Make You Anti-Patents

    Like IAM, which tries to portray sceptics and critics of software patents as "anti-patents", IP Watchdog (or Watchtroll as we call it) is 'trolling' the Electronic Frontier Foundation, simply because it expressed an opinion that patent maximalists cannot tolerate



  8. Erosion of Patent Quality Enables Patent Extortion With Large Portfolios of Low Validity Rate

    Revisiting the EPO's vision of poor patent examination and the effect of discriminatory granting practices, favouring patent bullies such as Microsoft (which actively attacks Linux using low-quality and usually pure software patents)



  9. The EPO's Francesco Zaccà Presenting in Turin Alongside Patent Trolls (Like the Patent Mafia Sisvel) and Lobbyists/Front Groups for Software Patents, UPC

    Benjamin Henrion (FFII) on seeing the EPO alongside patent trolls and other nefarious actors, doing what they do best, which is undermining public interests and harming patent quality



  10. The EPO, USPTO, and Patent Microcosm Peddle Myths About Patents in Public Universities and Research

    Tackling some of the commonly-spread myths about patents as "saving lives" and "promoting research" (in practice leading to the death of poor people and promoting trolls)



  11. Large Corporations' Lobbyist David Kappos Disgraces Former Employer USPTO by Meddling in Their Affairs on Software Patents, Downplaying the Supreme Court

    The latest lobbying from David Kappos, who blatantly exploits his connections in patent circles to promote software patents and work towards their resurgence after Alice v CLS Bank



  12. Journal of Intellectual Property Law and Practice Calls the European Patent Office “Rotten”, Other Sources Scrutinise Recent Moves

    The patent office which was once known for being the best bar none is rotting under the Frenchman Benoît Battistelli, who made himself and his friends the main clients of the Office



  13. PTAB Emerges as Hero of USPTO Because Quality of Patents Improves, Software Patents Are Effectively Dead (or Dying Once Reassessed)

    With help from the Patent Trial and Appeal Board (PTAB) -- not just patent courts -- software patents drop like flies by the thousands



  14. Creative Technology, Now Operating in 'Patent Troll' Mode, Shot Down by the ITC; Jawbone Too Shot Down

    Some good news from the U.S. International Trade Commission (ITC), which may have put an end to Creative's new war on Android (using old patents)



  15. Corporate Media in India Misrepresents Startups to Push for Software Patents

    A parade of misinformation as seen in Indian (but English-speaking) press this week as questions about patentability of software resurface



  16. Links 25/8/2016: Linux Turns 25, NetworkManager Turns 1.4

    Links for the day



  17. Links 24/8/2016: More From LinuxCon, Uganda Wants FOSS

    Links for the day



  18. Links 23/8/2016: GNOME 3.22 Beta, Android 7.0 Nougat

    Links for the day



  19. The Linux Foundation Gives Microsoft (Paid-for) Keynote Position While Microsoft Extorts (With Patents) Lenovo and Motorola Over Linux Use

    This morning's reminder that Nadella is just another Ballmer (with a different face); Motorola and Lenovo surrender to Microsoft's patent demands and will soon put Microsoft spyware/malware on their Linux-powered products to avert costly legal battles



  20. Not Just President Battistelli: EPO Vice-Presidents Are Still Intentionally Misrepresenting EPO Staff

    Evidence serving to show that EPO Vice-Presidents are still intentionally misrepresenting EPO staff representatives and misleading everyone in order to defend Battistelli



  21. Battistelli the Liar Causes a Climate of Confrontation in French Politics, Lies About Patent Quality (Among Many Other Things)

    Battistelli's lies are coming under increased scrutiny inside and outside the European Patent Office (EPO), where patent quality has been abandoned in order to artificially elevate figures



  22. The Collapse of Software Patents and Patent Law Firms Trying to “Overcome” Alice

    The United States continues its gradual crackdown on software patents (which are viewed as abstract and thus unpatentable), whereas in Europe things are murkier than ever



  23. Apple's Patent Wars Against Android/Linux Make Patent Trolls Stronger

    Apple's insistence that designs should be patentable could prove to be collectively expensive, as patent trolls would then use a possible SCOTUS nod to launch litigation campaigns



  24. Links 22/8/2016: Linux 4.8 RC3, Linux Mint 18 “Sarah” KDE Beta

    Links for the day



  25. Links 21/8/2016: Apple and Microsoft Down, Systemd Spreading to Mount

    Links for the day



  26. Links 20/8/2016: Android Domination, FSFE summit 2016

    Links for the day



  27. Patents Roundup: Trolls Dominate Litigation, PTAB Crushes Patents, Patent Box Regime Persists, and OIN Explains Itself

    Another roundup of patent news from around the Web with special focus on software patenting



  28. The Cost/Toll of the 'New' EPO and Where All That Money Goes or Comes From

    The European Patent Office has become a servant of the rich and powerful (including large foreign corporations) and even its own employees now pay the price associated with misguided new policies (or 'reforms' as Battistelli habitually refers to these)



  29. Links 19/8/2016: Linux Mint With KDE, Linux Foundation's PNDA

    Links for the day



  30. The End of an Era at the USPTO as Battistelli-Like (EPO) Granting Policies Are Over

    The United States is seeing the potency of patents -- especially software patents (which make up much of the country's troll cases) -- challenged by courts and by the Patent Trial and Appeal Board (PTAB)


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts