Bonum Certa Men Certa

Microsoft Tells Antitrust Regulators to Sod Off For Another Couple of Weeks

Assassins and mercenaries



Summary: Microsoft delays EU response even further while ECIS lays charges against Microsoft

Yesterday we wrote about ECIS's strike against Microsoft and today it turns out that Microsoft keeps procrastinating while its existing products remain anti-competitive by design.

EU antitrust regulators have granted Microsoft yet another extension to respond to charges that the software giant abused its dominant market position by bundling Internet Explorer with Windows.

A European Commission spokeswoman confirmed to The Register this morning that Microsoft has been given a one-week extension. The company now has until 28 April to respond.


Someone has sent us a new document about Microsoft's crimes. Yes, found within the PDF in a recent complaint is one link to this other EU document [PDF]. It is reminiscent of the Comes petition, but it's more recent and a lot shorter. It is titled "Microsoft: A History of Anticompetitive Behavior and Consumer Harm" and it comes from ECIS. It happens to speak very concisely about Microsoft's version of "reasonable and non-discriminatory" (really meaning "predatory and anti-competitive").

To use an excerpt that contains references to GNU/Linux in particular, here is a new message from HPT in USENET (quoted text is unifont):

Table of contents of this document is a further indictment against the monopoly regarding its anti-competitive practises against competition.

Microsoft



A History of Anticompetitive Behavior and Consumer Harm



March 31, 2009




TABLE OF CONTENTS I. INTRODUCTION .............................................1 II. MICROSOFT’S HISTORY OF ANTICOMPETITIVE CONDUCT ..........3 A. Microsoft’s Campaign To Destroy DR-DOS ...................3 B. Microsoft’s Anticompetitive Per Processor License Fees ...5 C. Microsoft’s Retaliation And Price Discrimination Against IBM .............................................................6 D. Microsoft’s Organized Collective Boycott Against Intel ...7 E. Microsoft’s Elimination Of Word Perfect ..................7 F. Microsoft’s Deceptive WISE Software Program ..............9 G. Microsoft’s Elimination Of Netscape .....................10 H. Microsoft’s Attempts To Extinguish Java .................14 I. Microsoft’s Elimination Of Rival Media Players ..........16 J. Microsoft’s Campaign Against Rival Server Operating Systems ............................................................18 III. MICROSOFT CONTINUES TO ENGAGE IN ANTICOMPETITIVE CONDUCT ............................................................19 A. Microsoft’s Failure To Comply With The Final Judgment ...20 B. Microsoft’s Campaign of Patent FUD against Linux and Open Source Software.............................................23 C. Microsoft’s Ongoing Misconduct Has Sparked Further European Commission Investigations ..................................23 IV. MICROSOFT’S FALSE PROMISES OF INTEROPERABILITY .........24 V. MICROSOFT’S MONOPOLIES HAVE HARMED CONSUMERS ............25 A. Microsoft’s Operating System Monopoly Has Harmed Consumers ............................................................25 B. Microsoft’s Office Monopoly Has Harmed Consumers ........26 C. Microsoft’s Web Browser Monopoly Has Harmed Consumers ...28 VI. CONCLUSION .............................................31



Section III.B discusses FUD against Linux:




B. Microsoft’s Campaign of Patent FUD against Linux and Open Source Software

€  €  “This is not a case of some accidental, unknowing infringement. There is an overwhelming number of patents being infringed.”

€  €  — Microsoft General Counsel and Intellectual Property and Licensing Vice President Horacio Gutierrez [128]



Here is an indicting observation about the anti-competitive practises through unsubstantiated patent violations in Linux:




The open source Linux operating system is the principal rival to Microsoft Windows. Linux has been taken up by both corporate customers and, increasingly, by private individuals for home use (e.g., with netbooks). In a recent interview with CNET, Steve Ballmer identified Linux as one of the top two competitive threats to Microsoft in the enterprise segment. [129]

Consistent with its behavior in response to other competitive threats, Microsoft has used unfair and anti-competitive tactics to try and slow the uptake of Linux. In particular, Microsoft has made and continues to make broad, unsubstantiated claims that software developers distributing Linux or other open source software, as well as their customers, are infringing Microsoft’s patents. [130] However, although Microsoft has claimed that as many as 235 patents may have been infringed [131], it has consistently failed to identify which patents are at issue.



It warns of possible future legal action by Microsoft, as a part of its FUD campaign against Linux and Open Source to kill Linux, requirement for additional licensing for "immunity". € According to this next paragraph, licensing fees have a certain ring of action for protection similar to action by organised crime:




Microsoft’s tactic is to spread fear, uncertainty and doubt (“FUD”) as to whether developers and users of open source software may be the target of future patent infringement suits, and thereby chill consumer enthusiasm and demand for Linux and open source solutions.

Indeed, Microsoft’s unwarranted threats have brought such pressure to bear on Linux users that some have felt compelled to enter into royalty-bearing patent licenses with Microsoft. [132] Microsoft’s campaign of FUD effectively works to impose a “tax” on the use of the most viable alternative software to Windows: faced with an intimidating and powerful potential litigant known for its hardball tactics, Linux users are driven to pay the licensing fee despite the speculative nature of the IP claims. Microsoft’s bullying tactics therefore raise the overall cost and slow down market penetration by innovative technologies intended to compete with Microsoft’s monopoly products.



Interesting is the comment about the US Law in regard to software patentability.




Moreover, there is a strong likelihood that Microsoft’s patent FUD campaign may be unfounded in law. Recent U.S. jurisprudence clarifies that the scope for patenting business methods, which lie at the heart of many software patents, is much narrower than was previously thought to be the case. [133] In addition, one of the thresholds for patentability – that an invention is not obvious to a person skilled in the art – has recently become harder to meet. [134] As such, many of the patents held by Microsoft are likely to be of questionable validity today.



According to this next paragraph, patents are a methodology to deter competition.




Furthermore, given the myriad of software patents in existence, consumers may often be unable to determine with certainty whether their use or distribution of certain software products actually infringes another company’s IP rights. Therefore, contrary to the broad and categorical statements of Mr. Gutierrez as to the intentional nature of any alleged patent infringements, it is widely recognized in the industry that, regardless of whether proprietary or open source software is used, there is a high likelihood that patent infringements will have been committed inadvertently. Microsoft has sought to exploit the current absence of clarity in patent law in order to deter consumers from taking up offerings competing with Microsoft’s own products.



Below mentions Microsoft suing TomTom regarding Microsoft's questionable patents.




In an apparent escalation of its patent FUD strategy, Microsoft sued the navigational system vendor, TomTom, for patent infringement at the end of February 2009. Three patent claims related to Linux are included in the lawsuit. [135] At least two of them are related to highly questionable patents on long file name support in Windows, which have been partially invalidated by an EC patent court on the grounds that Microsoft’s patent claims were “not based on inventive activity”. [136] While Microsoft has publicly claimed that its action is not directed against Linux or open source, and the case was settled in March 2009 pursuant to a mostly confidential agreement, this represents an aggressive development of Microsoft’s use of spurious or highly questionable patent claims to intimidate and eliminate competition from Linux in order to maintain or strengthen its dominant position in the OS market.





The full document is a compelling, fascinating read.

Recent Techrights' Posts

The Grapevine Says IBM's American RAs (Mass Layoffs) Soon to Follow European RAs, PIPs and "Reviews" as Pretext for a Likely Baseless Dismissal
The days of honourable corporations and work ethics are long gone it seems...
Links 23/01/2026: Growing Censorship, Intel Falls (Another Bubble, Propped Up by Cheeto Bailout), and Huge GAFAM Layoffs Continue
Links for the day
Working for Freedom Makes You a Target
it's not about what you do but about who gets served
Claim That IBM Mass Layoffs Began Again in Europe, With Rumours It'll Close Offices
Unless IBM issues a statement (admission) to the media or issues WARN notices (in the US), the lousy media will simply assume - however wrongly - that nothing is happening and there's nothing to report
 
Illegal, Unconstitutional Kangaroo Court for Patents Drops the Masks, Shows Its Real Purpose is to Serve Multinational Monopolists and Crush European SMEs
Europe (or the EU) is rapidly becoming a corporate project, not a unified governance initiative
The "Alicante Mafia" - Part X - EPO Strikes to Begin Next Week
Things gradually escalate this month
Gemini Links 24/01/2026: Snow, Boxing, and Lisp is Fun
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 23, 2026
IRC logs for Friday, January 23, 2026
Senior management and HR email privacy: Martin Ebnoether (venty), Axel Beckert (xtaran) & Debian abuse in Switzerland
Reprinted with permission from Daniel Pocock
Pierre-Elliott Bécue, ANSSI & Debian cybertorture
Reprinted with permission from Daniel Pocock
MJ Ray, Micah Anderson & Debian on drugs, prostitution at DebConf6 fight
Reprinted with permission from Daniel Pocock
Excellence in Ethics: a list of victories for the truth
Reprinted with permission from Daniel Pocock
Richard Stallman Giving Public Talk, Answering Questions From the Audience
We understand (from the organisers) that there will be a video of the talk
Forbes Covers in 2026 What Was Already Clear for Over a Decade: Microsoft's BitLocker 'Encryption' is a Back Door
One that's promoted by the loudest boosters of UEFI 'secure boot' as well
Links 23/01/2026: Minus 24 deg C in South Korea, "Iran Internet Blackout Passes Two-Week Mark"
Links for the day
Gemini Links 23/01/2026: "Witch Watch" and English on the Net
Links for the day
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
Reminder That "Linux" in the Site's Name (and Domain) Does Not Imply Authentic Journalism About GNU/Linux
the sad fact that some once-legitimate sites became slopfarms
Further Comments Illuminate Observations Regarding IBM's Layoffs (RAs) Plan for Europe
Some shed light on the expected scale
Appeasing Bullies Doesn't Work
The reason we're still here and very active is that we're good at what we do
How Microsoft Will Tell Shareholders That the Business is Failing in a Few Days
It'll resort to "AI" storytelling (lying about slop having potential for some unspecified future year)
Flying to See Today's Talk by Richard Stallman
It's probably not too late to reserve a seat for today's talk
The Fall of Freenode Didn't Kill IRC and the Web's Issues (Not Limited to LLM Slop) Didn't Kill Everything
As long as there are enough people willing to keep the simple (or "old") stuff it'll refuse to die
GAFAM Layoffs by Performance Improvement Plans (PIPs) Hide the Real Scale of Their Financial Troubles
the "official" numbers of layoffs will never tell the true story
'Domesticated' Animals Not More Valuable Than Free-range Wildlife, Proprietary ('Commercial') Software Isn't Better Than Free Software
the proprietary software giants (companies like SAP or Microsoft) have a lot of lobbyists
The "Alicante Mafia" - Part IX - EPO Budget Funnelled Into Cocaine and Moreover Rewards Cocaine-Addicted Management for Getting Busted by Police
Any day that passes without European media and European politicians doing anything about it merely discredits the media and the EU (or national governments)
Richard Stallman Won't Talk About "AI", He'll Talk About Chatbots and LLMs Lacking Any Intelligence
This really irritates people who dislike the message; so they attack the person
Slopfarms Still Fed by Google, Boosting Fake 'Articles' That Pretend to Cover "Linux"
At this point about 80-90% of the search results appear not to be slopfarms
Gemini Links 23/01/2026: The Danish Approach to Deepfakes and Random vi Things
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 22, 2026
IRC logs for Thursday, January 22, 2026
Five Years Ago, After We Broke the Story About Richard Stallman Rejoining the FSF's Board, All Hell Broke Loose (for Me and My Family)
They generally seem to target anyone who thinks Richard Stallman (RMS) should be in charge or thinks alike about computing
Links 22/01/2026: Slop Fantasy About Patents, Retirement in China Now Reached at Age Seventy
Links for the day
Gemini Links 22/01/2026: Why Europe Does Not Need GAFAMs, XScreenSaver Tinkering, FlatCube
Links for the day
Salvadorans' Usage of GNU/Linux Measured at Record Levels
All-time high
Links 22/01/2026: Ubisoft Layoffs Disguised as "RTO", US "Congress Wants To Hand Your Parenting To GAFAM", Americans' Image Tarnished Among Canadians (Now Planning to "Repel US Invasion")
Links for the day
10 Easy Steps to Follow for Digital Sovereignty in Nations That Distrust GAFAM et al
When "enough is enough"
No, the Problem at IBM/Red Hat Isn't Diversity
Microsoft Lunduke also openly shows his admiration for Pedo Cheeto
Do Not Link to Linuxiac Anymore, Linuxiac Became a Slopfarm
now Linuxiac is slop
Dr. Andy Farnell Explains Why Slop Companies Like Anthropic and Microsoft 'Open' 'AI' Basically Plunder and Rob People
This article was published last night at around 10
Richard Stallman (RMS) at Georgia Tech Tomorrow
After the talk we'll write a lot about "cancel culture" and online mobs fostered and emboldened in social control media
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.