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

Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
 
Links 17/07/2024: New Attacks on the Press, European Patents Squashed Even at Kangaroo Court (UPC)
Links for the day
Gemini Links 17/07/2024: Proponents of Censorship and New Arrivals at Gemini
Links for the day
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024