Bonum Certa Men Certa

The Fourth 'Patent Deal' was with Europe... and the Sixth Deal That Won't be

Europe's agreement on patents predates the Turobolinux announcement

Having watched how Microsoft included patents in its deal with then EU (more on this in the next post), it is worth pointing out that the US won't extend antitrust sanctions, despite rising opposition and the recent decision in Europe.

Here is the latest:

The U.S. Department of Justice said it will not seek to extend the restrictions placed on Microsoft Corp.'s business practices following its antitrust settlement with the U.S. government in 2002.

Many of the restrictions are due to expire Nov. 12, and last week several U.S. states filed motions in favor of extending them for a further five years. Four of those states -- New York, Maryland, Louisiana and Florida -- had previously said they opposed an extension.

The DOJ had also opposed the extension, and on Friday it made it clear that it would not be making a turnabout like the four U.S. states.

[...]

The DOJ didn't explain its decision Friday. In August it said it felt the judgment had been successful in preventing Microsoft from continuing its exclusionary behavior.

The states who favor an extension disagree. They say operating systems haven't evolved as quickly as people thought they would in 2002, and that Microsoft could still use the dominance of Internet Explorer to choke competitors in the emerging Web 2.0 world.

A status hearing that will likely address extending the restrictions is scheduled for Nov. 6 with District Court Judge Colleen Kollar-Kotelly.

The other states pushing for an extension are California, Connecticut, Iowa, Kansas, Minnesota, Massachusetts and the District of Columbia.

Separately last month the DOJ raised hackles in Europe by criticizing the European Union's decision to reject Microsoft's appeal of its antitrust decision there.


So, complaints are simply being ignored and no reason is even given. One ought to know that the U.S. Department of Justice has already been caught leaning the Microsoft way in unlawful ways. Examples include:

Microsoft Finds Legal Defender in Justice

Nearly a decade after the government began its landmark effort to break up Microsoft, the Bush administration has sharply changed course by repeatedly defending the company both in the United States and abroad against accusations of anticompetitive conduct, including the recent rejection of a complaint by Google.

[...]

In the most striking recent example of the policy shift, the top antitrust official at the Justice Department last month urged state prosecutors to reject a confidential antitrust complaint filed by Google that is tied to a consent decree that monitors Microsoft's behavior. Google has accused Microsoft of designing its latest operating system, Vista, to discourage the use of Google's desktop search program, lawyers involved in the case said.


Remember what happened when the EU ruled against Microsoft? The US government got involved in a fashion that it must never embrace. Here is the response that came from Neelie Kroes:

Kroes said that it was "unacceptable" that a representative of the US judiciary should criticise a court of law outside his jurisdiction.

“It is absolutely not done,” she told journalists on Wednesday.

“The European commission does not pass judgement on US rulings and we should expect the same from the US.”


Not only Europe complained about the DoJ's gross bias in favour of Microsoft. Here is what the American Antitrust Institute had to say.

The AAI comments on the European Court of First Instance's upholding of the EC's Microsoft decision, taking the USDOJ to task for poor diplomacy and mistaken policy in its criticism of the EC.


If you though the DoJ was embarrassing enough, have a look at these other Microsoft-funded lobbying arms, ACT and CompTIA. Here is what happened upon Microsoft's legal defeat in Europe:

Microsoft may have lost in court, but it quickly tried to win the war of media reaction via organisations like CompTIA, the Computing Technology Industry Association and ACT (the Association for Competitive Technology) which both intervened in court on its side.


"To make matters worse, the government as a whole was caught lobbying for Microsoft in Europe."This is not the first time that ACT and CompTIA attack the EU. Both are funded by Microsoft, but have fancy names that hide their motives and bias. ACT and CompTIA also attack Free software, Linux, the GNU GPL, various products that rival Microsoft's, OpenDocument format, and more. To make matters worse, the government as a whole was caught lobbying for Microsoft in Europe.

Who could ever forget heavy lobbying (bullying) in Florida, lobbying by Steve Ballmer, and lobbying by Bill Gates? They seem to be in total control of the government. There are many more, including Bingham McCutchen.

Microsoft Paid Paid Bingham McCutchen $160,000 to Lobby Federal Gov't in First Half of 2007


There are many, many more, but it would take time to fetch the references and post them here.

At the end of the day, the situation in Europe is a poor one. Microsoft made its agreement incompatible with the GNU GPL and included patent provisions. In the US, there won't even be an (sixth) agreement because the government keeps offering Microsoft 'protection', which is mutual. Hopefully you can see that politics simply cannot be separated from what ought to have been a purely technical and litigious discussion. There's sheer abuse in the system.

Related articles:



E-mails released by the committee show that Abramoff, often with the knowledge of the groups' leaders, exploited the tax-exempt status and leveraged the stature of the organizations to build support among conservatives for legislation or government action sought by clients including Microsoft Corp., mutual fund company DH2 Inc., Primedia Inc.'s Channel One Network, and Brown-Forman, maker of Jack Daniel's whiskey.




Continuing on the theme of which politicians are receiving money from who. Here is a list of candidates who took money from MSFT.




Microsoft took first place with $651,100 given out, while Hewlett-Packard gave only $185,550, and Gateway gave a paltry $2,000. Microsoft's donations certainly illustrate well the true size of the company and the extent of its political concerns.

Recent Techrights' Posts

Universities Became Bad Places for Work
What happened to academia?
Microsofters' SLAPP Censorship - Part 11 Out of 200: Cannot Censor His Spouse, Accusations Are Repeated Today
He already has a history of threatening to sue gay people in America; he cannot take criticism too well
"Alternative to Microsoft Office" Must Use Free/Open Standards/Formats for Real Sovereignty
It would make sense for the EU to invest in its own workers and its own software projects, more so now that there are hostile countries both to the east and to the west
When Everybody Has a Right/Access to An Attorney/Lawyer (But Some Get Funding From Malicious American Corporations to Spend a Million Dollars on Many Lawyers and Several Barristers)
And send about 75 KG of legal papers to the residence of the "opponent"
 
Links 14/03/2026: Mass Layoffs at Facebook ('Meta') and Sweeping Layoffs at Twitter (xAI), Social Control Media and Slop Are Only Debt
Links for the day
Wrong Time, Wrong Place (Digg)
Kevin Rose and Alexis Ohanian can relaunch Digg.com, but we doubt it'll work "this time for real!"
Reporting New and Suppressed Information is What Journalism is All About
In the domain of Free software, there are very few sites out there that offer exclusive coverage on community affairs and there are many gagging/censorship attempts
The Limits of Speech and the Rationale of Limitations
it seems to be part of an international trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 13, 2026
IRC logs for Friday, March 13, 2026
Gemini Links 14/03/2026: Goodness, AD534 Multiplier Module, and Extroverts Online
Links for the day
Atlassian Corp: We're Doing Layoffs Because of "Hey Hi"; Wall Street: Atlassian Corp is Just a Failing Business
Don't ask "the media"
Price of Storage, Price of Energy... What Next?
EPO workers are going on strike because their salaries don't keep up with price increases and tech companies without connections in "the channel" face long delays, low availability, and high prices (no "bulk" purchases), which further solidifies monopolies.
Don't Forget Red Hat's RTO (Return-to-office) Layoffs
How many people still remember that Red Hat did the same thing?
Reminder: Microsoft silent Layoffs by RTO (Commute Time and Lack of Comfort/Work Satisfaction) Already in Effect This Year
It's difficult to measure how many employees have already "left on their own" due to the RTO policy
Founder of IBM Ventures Has Just Quit IBM
Some people leave IBM and many people 'leave' IBM
Signs of Impeding Mass Layoffs - Not Just Quiet Layoffs - at Microsoft
Beneath the surface there are waves of layoffs and even entire teams are let go
Career Science and Academia as Corporate Propaganda 'on Tap'
article about surveillance
Veteran GNU/Linux Journalist Jack Wallen Tries Geminispace and Likes It
It'll turn 7 some time soon
Scheduled Maintenance Tonight
There will be similar work early next week
IBM Has No Clue How to Integrate Companies Like Red Hat
IBM is failing to respect this company's culture
Fake Articles From Sites With "Linux" in Their Name/Domain Name
we can at least hope that linuxteck.com made a decision to quit slop
Links 13/03/2026: New US Weapons for Taiwan, Pakistan Air Strikes Hit Kabul
Links for the day
Gemini Links 13/03/2026: Exhaustion and Smartphone Addiction
Links for the day
Friday the 13th & Debian Developers afraid to nominate in DPL elections
Reprinted with permission from Daniel Pocock
Links 13/03/2026: Chatbot "Pentagon Contract" (Bailout) and Secret Service Ditches Slop Pusher
Links for the day
European Qualifying Examination (EQE) Being Reduced to Pieces of Papers One Can Buy, Patent System Rapidly Losing Its Legitimacy
Welcome to the "new Europe"
Priorities in 2026
2026 is an interesting year
Willis Towers Watson (WTW) Producing More Propaganda for EPO "Cocaine Communication Managers"
The Local Staff Committee The Hague (LSCTH) has this new paper about Willis Towers Watson (WTW) and its annual EPO-sponsored propaganda, pretending all is well when things are clearly dire
Head of Microsoft Office and Microsoft 360 is Leaving Microsoft Amid Problems and Mass Layoffs
Microsoft is like a "legacy" company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day
By Expanding to Advocacy of Ponzi Schemes and Bill Epsteingate (Sex Trafficking), Linux Foundation Revenue Grew to $220,730,594, But Salary of Linus Torvalds Not Even in Top 10 Anymore!
true!
In the Name of Transparency, Today We Show Our Defence and Counterclaim
already uploaded by the other side
IBM Cannot Even Do Payroll, Now a "Legitimate Target" of Iran
Missiles or not, it seems like IBM systems will be targeted more by cybercriminals
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day