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

02.07.09

Microsoft Distorts the Linux and Virtualisation Markets

Posted in Deals, GNU/Linux, Microsoft, Novell, Patents, Red Hat, SLES/SLED, Virtualisation, Xen at 9:39 am by Dr. Roy Schestowitz

Novell just one player among more

EARLIER in the week we remarked on a Microsoft-Brother patent deal that covers Linux [1, 2]. Although it received too little coverage in the press, there is this column from ZDNet which makes valid points worthy of echoing:

It’s a familiar story. Microsoft does a secret deal with a company over patent licences. Almost no details are provided about which patents, how much money has changed hands, or why, except for one vaguely worded press release that talks about how such secret deals benefit the customer through openness and innovation.

This time, the lucky donor of cash for secrets is Brother, which will now be allowed to use Microsoft patents to make printers. As Microsoft doesn’t make printers – indeed, doesn’t even make printer drivers – it is an interesting exercise to try and guess what’s actually happened. It’s fruitless to ask either of the companies – and we did try. In cases like this, as in the best gangster movies, nobody ain’t sayin’ nothin’.

[...]

Otherwise, Microsoft’s trick of gaining revenue from licensing open-source software behind closed doors will smell more and more like extortion. As the economy sours and curdles, the values of trust and accountability will prove to be worth far more than a handful of dollars in secret taxation raised on other people’s software.

The signing of patent pacts (cross-licensing) that involve Linux is merely one battlefront to Microsoft. The other strategy being harnessed is one involving exclusion of distributions/vendors that do not pay Microsoft. This is achieved not only by Microsoft but also through its subsidiaries or partners.

“Someone with regulatory powers ought to step in.”Microsoft seemingly took greater control of VMware in order to take it further away from Red Hat. It sure seems like Paul Maritz (along with his new COO from Microsoft) is trying to steer VMware users toward the patents-encumbered SLES. Meanwhile, Tucci is up there shaking hands with Steve Ballmer and allowing all this to happen. The NYT covered the ugly story about him expelling Greene, which had a different plan for VMware.

Someone with regulatory powers ought to step in. This is market distortion and anti-competitive manipulation. Citrix plays this game too. Novell, VMware, Citrix and a few others (PlateSpin comes to mind) are all playing ball for Microsoft. On the other hand we have KVM, which Red Hat took control of.

Microsoft is trying to marginalise GNU/Linux by controlling virtualisation vendors. Now, if only the mainstream press could realise and cover this properly.

Novell error message

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

10 Comments

  1. Eruaran said,

    February 7, 2009 at 9:18 pm

    Gravatar

    My level of disgust at the behaviour of this corporation (and that it gets away with it) is at an all time high….

    I have no words to express my anger…

  2. aeshna23 said,

    February 7, 2009 at 10:55 pm

    Gravatar

    “Microsoft is trying to marginalise GNU/Linux by controlling virtualisation vendors. Now, if only the mainstream press could realise and cover this properly.”

    I’d prefer not to be negative, but the ideas here are just complex for the mainstream press. The best you can hope for is that press on tech issues report these issues accurately, but so much of that press has been bought by Microsoft.

  3. Dave said,

    February 10, 2009 at 12:02 pm

    Gravatar

    Mainstearm press wont touch this, because its pointless, Microsoft owns patents, and is within their right to enforce them there is NO law saying that they have to inform the public, or that the patent has to relate to what they do or sell.

    You clearly have little knowledge about the law or patents.

    If microsoft owned the rights to a patent for a light globe, they are within their rights to mak agreements to be rewarded for the patent they have the rights to.

    NO they dont have to invent it, anyway can negoiate with inventor or the owner of the patent and come to an agreement (or not).

    Its up to the company or person with the patent or the rights to that patent.

    Sure ifyou want to steal the idea and use it for yourself then you might be interested in seeing what the patent is,

    But WHAT DOES IT HAVE TO DO WITH YOU ?? Seems like it is a deal between Brother and MS.

    So get as mad as you like, hate MS or any paent holder, (like Tomas Edison), say people who hold patents stifle innovation, then look at what Edison did for innovation and tell yourself how stupid you look for being so narrow minded.

    Patents are a fact of life, they are for a reason, they help innovation, and they stop crooks and criminals stealig other peoples ideas.

    Something that FOSS do alot of,

  4. Roy Schestowitz said,

    February 10, 2009 at 12:13 pm

    Gravatar

    “Dave”, you are obviously the “darryl” Microsoft AstroTurfer changing names again and spreading lies I won’t bother responding to.

    I can see your IP and I can see where you’re coming from. Microsoft AstroTurfing is not permitted in this Web site and you were already banned from LinuxToday for doing the same thing.

  5. Jose_X said,

    February 10, 2009 at 12:23 pm

    Gravatar

    “Dave” I think you can post here, but try to reply to points people make (if they make any) when they reply to you instead of ignoring the arguments and then going off and posting another rant along the same lines elsewhere.

  6. Gentoo User said,

    February 10, 2009 at 12:58 pm

    Gravatar

    changing names again and spreading lies I won’t bother responding to.

    Your partners do that. In fact they’re doing it right now, and part of what they do is promote your website. But that’s OK though, right?

  7. Jose_X said,

    February 10, 2009 at 2:14 pm

    Gravatar

    >> Sure ifyou want to steal the idea and use it for yourself then you might be interested in seeing what the patent is,

    Supposedly, people are supposed to look at patents. That’s part of the reason they are made public (vs trade secrets).

    Many hate to waste/spend time researching patents that for various reasons.

    Almost any new combination of things can be given a patent. It’s not that difficult to come up with a unique combination of existing things.

    Some people eventually do look at patents, but it’s to see what they can do so that their product does not infringe.

    See this http://boycottnovell.com/2009/02/04/the-api-trap-part-1/

    >> Seems like it is a deal between Brother and MS.

    There are various reasons people might be bothered. If nothing else, there is an effort to keep tabs on Microsoft. As for their patents, they keep alleging Linux/FOSS violates but they give no indication of what is violating which patent where.

    People like myself and many others think the patent system is broken. Why wouldn’t we care that a company try to leverage a broken unfair system to shut down FOSS?

    >> then look at what Edison did for innovation and tell yourself how stupid you look for being so narrow minded.

    It’s always debatable what would have happened if…. In this case, Edison dealt with material objects whose mass production (to enter the market) required high expenditures.

    That’s definitely not the case for software today that once you have the invention, you have to put up a huge amount of money.

    Trade secret and copyrights work fine and strike a much better balance than patent protection.

    >> Patents are a fact of life, they are for a reason, they help innovation, and they stop crooks and criminals stealig other peoples ideas.

    Do you mean crooks like Bill Gates and Microsoft? Are you talking about crooks like those?

    Patent law was created way before computers and software existed.

    FOSS development gives the world a lot more than the people creating patents. Patents have no detail over implementation and try to monopolize a huge area. FOSS attempts to monopolize nothing and provides everything you need to know to build a working product.

    Why should FOSS be penalized for the selfishness of groups like Microsoft using a broken patent system?

    Microsoft looks weak when their lifeline to fending off FOSS are government monopolies and not a better development or marketing model or apparently better products.. certainly not more cost-effective ones.

    Dave, I could go into more details, but if you are in fact Darryl from LT, then I am fairly sure you have read a lot of things I and others who are against software patents have written.

  8. Roy Schestowitz said,

    February 10, 2009 at 2:18 pm

    Gravatar

    Yes, it’s him

  9. Jose_X said,

    February 10, 2009 at 2:33 pm

    Gravatar

    This link was from irc (roy posted it i think) http://techdirt.com/articles/20090203/0304073621.shtml “Directors Admit They ‘Steal’ Ideas… But Most People Recognize That As Inspiration”

  10. Roy Schestowitz said,

    February 10, 2009 at 4:32 pm

    Gravatar

    Ideas can be copied, not stolen. Theft leads to loss/gain at one’s expense.

    Microsoft’s entire history (from the start) is based on copying other people’s work and stealing staff from competitors.

What Else is New


  1. Links 21/3/2019: Wayland 1.17.0, Samba 4.10.0, OpenShot 2.4.4 and Zorin Beta

    Links for the day



  2. Team UPC (Unitary Patent) is a Headless Chicken

    Team UPC's propaganda about the Unified Patent Court (UPC) has become so ridiculous that the pertinent firms do not wish to be identified



  3. António Campinos Makes Up Claims About Patent Quality, Only to be Rebutted by Examiners, Union (Anyone But the 'Puff Pieces' Industry)

    Battistelli's propagandistic style and self-serving 'studies' carry on; the notion of patent quality has been totally discarded and is nowadays lied about as facts get 'manufactured', then disseminated internally and externally



  4. Links 20/3/2019: Google Announces ‘Stadia’, Tails 3.13

    Links for the day



  5. CEN and CENELEC Agreement With the EPO Shows That It's Definitely the European Commission's 'Department'

    With headlines such as “EPO to collaborate on raising SEP awareness” it is clear to see that the Office lacks impartiality and the European Commission cannot pretend that the EPO is “dafür bin ich nicht zuständig” or “da kenne ich mich nicht aus”



  6. Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

    The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?



  7. Team UPC Buries Its Credibility Deeper in the Grave

    The three Frenchmen at the top do not mention the UPC anymore; but those who promote it for a living (because they gambled on leveraging it for litigation galore) aren't giving up and in the process they perpetuate falsehoods



  8. The EPO Has Sadly Taken a Side and It's the Patent Trolls' Side

    Abandoning the whole rationale behind patents, the Office now led for almost a year by António Campinos prioritises neither science nor technology; it's all about granting as many patents (European monopolies) as possible for legal activity (applications, litigation and so on)



  9. Where the USPTO Stands on the Subject of Abstract Software Patents

    Not much is changing as we approach Easter and software patents are still fool's gold in the United States, no matter if they get granted or not



  10. Links 19/3/2019: Jetson/JetBot, Linux 5.0.3, Kodi Foundation Joins The Linux Foundation, and Firefox 66

    Links for the day



  11. Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

    Links for the day



  12. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  13. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  14. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day



  15. To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

    The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany



  16. Links 16/3/2019: Knoppix Release and SUSE Independence

    Links for the day



  17. Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

    Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)



  18. The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

    Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised



  19. Links 15/3/2019: Linux 5.0.2, Sublime Text 3.2

    Links for the day



  20. The EPO and the USPTO Are Granting Fake Patents on Software, Knowing That Courts Would Reject These

    Office management encourages applicants to send over patent applications that are laughable while depriving examiners the freedom and the time they need to reject these; it means that loads of bogus patents are being granted, enshrined as weapons that trolls can use to extort small companies outside the courtroom



  21. CommunityBridge is a Cynical Microsoft-Funded Effort to Show Zemlin Works for 'Community', Not Microsoft

    After disbanding community participation in the Board (but there are Microsoft staff on the Board now) the "Linux Foundation" (or Zemlin PAC) continues to take Microsoft money and polishes or launders that as "community"



  22. Links 14/3/2019: GNOME 3.32 and Mesa 19.0.0 Released

    Links for the day



  23. EPO 'Results' Are, As Usual, Not Measured Correctly

    The supranational monopoly, a monopoly-granting authority, is being used by António Campinos to grant an insane amount of monopolies whose merit is dubious and whose impact on Europe will be a net negative



  24. Good News Everyone! UPC Ready to Go... in 2015!

    Benoît Battistelli is no longer in Office and his fantasy (patent lawyers' fantasy) is as elusive as ever; Team UPC is trying to associate opposition to UPC with the far right (AfD) once again



  25. Links 13/3/2019: Plasma 5.15.3,Chrome 73 and Many LF Press Releases

    Links for the day



  26. In the Age of Trumpism EFF Needs to Repeatedly Remind Director Iancu That He is Not a Judge and He Cannot Ignore the Courts

    The nonchalance and carelessness seen in Iancu's decision to just cherry-pick decisions/outcomes (basically ignoring caselaw) concerns technologists, who rightly view him as a 'mole' of the litigation 'industry' (which he came from)



  27. Links 12/3/2019: Sway 1.0 Released, Debian Feuds Carry On

    Links for the day



  28. Microsoft is Complaining About Android and Chrome OS (GNU/Linux) Vendor Not Paying for Microsoft Patents (Updated)

    Microsoft, which nowadays does the patent shakedown against GNU/Linux by proxy, is still moaning about companies that don’t pay ‘protection’ money (grounds for antitrust action or racketeering investigation)



  29. Watchtroll Has Redefined "Trolls" to Mean Those Who Oppose Software Patents (and Oppose Trolls), Not Those Who Leverage These for Blackmail Alone

    The controversial change to 35 U.S.C. § 101 guidance is being opposed by the public (US citizens who oppose American software patents), so patent maximalists like Janal Kalis (“PatentBuddy”) and extremists like Gene Quinn (Watchtroll) want us to believe that the public is just “EFF” and cannot think for itself



  30. EPO's Latest 'Results' Show That António Campinos Has Already Given Up on Patent Quality and is Just Another Battistelli

    The patent-granting machine that the EPO has become reports granting growth of unrealistic scale (unless no proper examination is actually carried out)


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