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

02.24.10

When Microsoft Racketeering Meets Apathy

Posted in Free/Libre Software, GNU/Linux, Microsoft, Patents at 4:17 pm by Dr. Roy Schestowitz

“Where are we on this Jihad?”

Bill Gates

Summary: Microsoft’s extortion racket against Free software is debated further and the Linux Foundation, which is not opposed to software patents, chooses to ignore the problem

IN OUR PREVIOUS TWO posts about the Amazon patent deal with Microsoft [1, 2] we called for a boycott against Amazon and complaints about Microsoft, which are hinged on the RICO Act. Microsoft has become a rogue corporation that operates based on threats or retaliation and that’s just neither acceptable nor legal. “I’m outraged,” says this one person who explains what Microsoft is doing here:

Every time I read about these ‘secret’ deals I’m outraged. M$ consistently alleges patent infringements in Linux without exposing the details.

So, first of all, the alleged infringements cannot be challenged, tested and validated or removed if extant, or kicked into touch if not validated. M$ use their (financial) muscle to achieve this, intimidation by any other name.

Furthermore, I’ve always understood that once a patent infringement is identified (alleged) it must be exposed to preclude profiteering. Secret deals do not satisfy this satisfy this requirement and, are in my opinion an abuse of an already discredited patent system by a discredited monopolist. It seems to me that this is just legal chicanery and legal extortion (the new version of the twenties protection racket).

Ballmer used to speak of Linux as a cancer. It seems to me that M$ are now the cancer, exhibiting all the symptoms of the development, growth and potential consequences of a cancer.

Microsoft booster Adrian Kingsley-Hughes says that “Microsoft puts an end to Amazon’s ‘free’ Linux usage” (that’s his headline) and other articles [1, 2, 3] put it more gently. Microsoft Nick just cites someone who knows better:

As my colleague Darryl Taft points out in his most excellent article on eWEEK, Microsoft has signed more than 600 licensing agreements since launching its IP licensing program in 2003, with companies ranging from Apple and Hewlett-Packard to Nikon and Fuji Xerox. Such deals help avoid those pesky patent-infringement lawsuits hated by virtually everybody except intellectual-property attorneys with Bentley payments.

Yes, that’s Hewlett-Packard (HP) in there. There is some interesting history to be seen. Consider this similarity between Dell and HP when it comes to patent cross-licensing. According to the following (and maybe it’s just incorrect), HP may have also caved somewhere along the way:

Microsoft has long maintained that free and open-source software violates 235 of its patents. It’s already used this fact to coax companies including Novell, HP and TomTom into signing patent agreements.

The deal has already stirred up open-source advocates. “If the strategy isn’t to create uncertainty around Linux, it’s hard to say what it is,” said Jim Zemlin, executive director of the Linux Foundation.

What disappoints us but not exactly surprises us is that Zemlin, speaking on behalf of the Linux Foundation, says that there is “Nothing to See Here”. He writes:

Companies reach broad cross-license agreements all the time, never disclose the patents involved and don’t often issue press releases about it. Amazing how despite the “broad range of products and technology” covered in their cross license, Microsoft chose to focus on Linux and open source – distinctly calling it out from “proprietary software” and wasn’t specific about any patents.

What Zemlin might not say though is that he works for advocates of software patents. As the president of the FFII put it last night, “The Linux Foundation supports the USPTO’s drive to improve the quality of software patents.” It’s not exactly news that it's a front of IBM et al (IBM is supporting software patents) and Todd Bishop calls them “Linux boosters”, arguing that they “give a shrug to Amazon’s Microsoft patent deal” (that again is from the headline).

Well, IBM or the Linux Foundation are not spokespeople of the whole GNU/Linux system; maybe they speak for the kernel, but the operating system involves many more people and groups. Here is the ‘Microsoft press’ referring to the Novell deal in its coverage of this latest deal with Amazon.

Microsoft elicited controversy among open source Linux advocates when it announced a deal with Novell in November of 2006 over IP used in Novell’s SuSE Linux Enterprise Server operating system. In May of 2007, Microsoft was accused of spreading fear, uncertainty and doubt over Linux licensing after a Microsoft executive claimed that Linux violated 235 of Microsoft’s patents.

It’s Novell that came to Microsoft and started a lot of this patent crusade against GNU/Linux. This is why Boycott Novell exists.

Pamela Jones from Groklaw wrote the following text about this deal with Amazon:

Amazon isn’t a Linux company, and it sells a hardware device. And I gather Microsoft’s MO is to make any company signing up with them in a patent cross licensing deal sign an NDA, so only Microsoft speaks in public, then they put out a press release which makes claims no one can check or verify, wave their arms about Linux, then go on to the next victim. Unless they show some details, it means absolutely nothing to me, except that Microsoft is very good at marketing (fear, uncertainty and doubt.)

ZDNet makes a Nazi era analogy and Jason from The Source feels similarly (to Groklaw). Here is one report that says:

The paper also says that Microsoft has reached a patent licensing agreement with Amazon.com that gives the online retailer rights to use open source software in its Kindle e-book reader. At the moment, the Kindle uses both open source and proprietary software components made by Amazon. Under the agreement, Microsoft said Amazon will pay it an undisclosed sum.

As long as Amazon does not deny Microsoft’s statement about the Kindle and GNU/Linux servers being part of this deal, well… then Amazon is complicit.

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

3 Comments

  1. your_friend said,

    February 25, 2010 at 1:10 am

    Gravatar

    No one can speak for the Linux kernel, it is free software and has no owners. The Linux Foundation may do good or bad things to Linux and they own the trademark, but ultimately, GNU/Linux belongs to each person who uses it as long as the user avoids non free software. Linux itself is only one of many free kernels.

    Software patents threaten all software freedom and the Linux Foundation will learn this at great and immediate cost. ACTA, if it’s as bad as people fear, will allow the people who stole the first generation of free software to steal everything in the GNU/Linux world. The software will live on, in the stale and sad kind of condition that BSD lives in Windows, but the Linux Foundation and most of the wonderful companies using free software will be eliminated. People who ignore threats to their freedom for some small advantage now will learn the price of slavery later.

  2. Needs Sunlight said,

    February 25, 2010 at 5:25 am

    Gravatar

    Speaking of secret deals, what happened with M$ versus the UK schools? BECTA was going to publish how much the UK flushes down the drain on M$ products. How much did it turn out to be?

    Roy Schestowitz Reply:

    I don’t think they ever disclosed the numbers. If they had, I didn’t noticed.

    BECTA is no better than a parent imposing a belief system upon a child; to make matters worse, BECTA is neither a parent nor does it have a right to make that “belief system” an abusive corporation from another country.

What Else is New


  1. Links 12/12/2019: KDE Applications 19.12, Qt Creator 4.11, New VirtualBox

    Links for the day



  2. Brand Dilution in Action

    Microsoft's proprietary software which spies on people and businesses is getting a "free ride" on the "Linux" brand; and nobody seems to care, nobody seems to notice how perverse that it



  3. At the EPO Money -- Not Quality -- is King

    Financiers are ruining quality



  4. The EPO's Strategic Failure 2023

    Potemkin social dialogue



  5. IRC Proceedings: Wednesday, December 11, 2019

    IRC logs for Wednesday, December 11, 2019



  6. EPO Promoting Software Patents in Countries Where These Are Illegal

    The EPO's vision of 'unitary' software patents (patents on algorithms in countries that disallow such patents, as per their national laws) won't materialise, but in the meantime a lot of Invalid Patents (IPs) are granted in the form of European Patents (EPs) and this is wrong



  7. We Support GNU and the FSF But Remain Sceptical and Occasionally Worry About an RMS-less FSF

    Richard Stallman (RMS) is not in charge of the FSF anymore (it's Stallman who created the FSF) and there's risk the decisions will be made by people who don't share Stallman's ethics or the FSF's spirit



  8. Links 11/12/2019: Huawei Lobbied by Microsoft (Because of GNU/Linux) and Microsoft Still Googlebombs Linux to Promote 'Teams'

    Links for the day



  9. Links 11/12/2019: Edge Native Working Group, CrossOver 19.0 Released

    Links for the day



  10. Instead of Fixing Bug #1 Canonical/Ubuntu Contributes to Making the Bug Even More Severe (WSL/EEE)

    Following one seminal report about Canonical financially contributing to Microsoft's EEE efforts — celebrated openly by GNU/Linux opponentsclosing bug #1 Ubuntu basically decided not that it was fixed but that it would no longer attempt to fix it (“wontfix”)



  11. IRC Proceedings: Tuesday, December 10, 2019

    IRC logs for Tuesday, December 10, 2019



  12. Today's Example of Microsoft's Faked 'Love'

    “On 7 September 2017, users began noticing a message that stated “Skype for Business is now Microsoft Teams”. This was confirmed on 25 September 2017, at Microsoft’s annual Ignite conference,” according to Wikipedia



  13. Links 10/12/2019: Kubernetes 1.17, Debian Init Systems GR

    Links for the day



  14. 'Cancel Culture' as 'Thoughtpolice' Creep

    Richard Stallman spoke about an important aspect of censorship more than 2 decades ago (before “Open Source” even existed); it was published in Datamation (“Censoring My Software”) 23 years before a campaign of defamation on the Internet was used to remove him from MIT and FSF (censoring or ‘canceling’ Stallman himself)



  15. Microsoft Still Hates GNU/Linux and Mark Shuttleworth Knows It (But He is Desperate for Money)

    We're supposed to believe that a PR or image management (reputation laundering) campaign alone can turn Microsoft from GNU/Linux foe into friend/ally



  16. Actions Against EPO Corruption and Unitary Patent (UPC) Injustice/Lobbying

    The EPO is apparently going on strike again and an action against the UPC is scheduled for later this week (protest in Brussels)



  17. “The Fifth Freedom as a Meme”

    The issue with systemd (or SystemD) has provoked or at least stimulated discussions about the limits of the famous Four Freedoms



  18. IRC Proceedings: Monday, December 09, 2019

    IRC logs for Monday, December 09, 2019



  19. Demonstration Against Unitary Software Patents, Thursday 12 Dec in Brussels

    FFII's call to demonstrate against the UPC



  20. Links 9/12/2019: China on GNU/Linux, Canonical Wants Help to Improve Ubuntu

    Links for the day



  21. Links 9/12/2019: Linux 5.5 RC1, EasyOS Buster 2.1.9

    Links for the day



  22. IRC Proceedings: Sunday, December 08, 2019

    IRC logs for Sunday, December 08, 2019



  23. Mandatory Education for Those Who Use and Misuse Buzzwords Would Go a Long Way

    In an age of substitution — where marketing terms replace meaningful words and concepts — it has gotten more difficult to have honest debates, for example about the scope of patents



  24. Once Upon a Time Banter Was Allowed on Mailing Lists

    Hours ago Torvalds announced RC1 of the next Linux (kernel) release; it has been a while since he last said something ‘controversial’ (following his month at the penalty box); free speech deficit can make us weaker, not stronger (advantage to those who work in the dark)



  25. Links 8/12/2019: Debian Init Systems GR, NomadBSD 1.3

    Links for the day



  26. Can We Quit Celebrating DRM in GNU/Linux?

    Over the past couple of days various news sites and "Linux" sites expressed great satisfaction [1-5] over the passive embrace of Disney's DRM ploy (Disney+), even when Disney itself rejects DRM, seeing the harms practically caused by it [6,7]



  27. You Know WSL is Bad for GNU/Linux Because Anti-Linux People, Microsoft and Its Propagandists, Want People to Use That

    Microsoft and its boosters (and media partners) haven’t grown tired of spreading falsehoods to stigmatise and take control of GNU/Linux by creating their own versions and traps for it



  28. IRC Proceedings: Saturday, December 07, 2019

    IRC logs for Saturday, December 07, 2019



  29. 5 Years Ago the Linux Foundation Turned Linux.com Into a Non-Linux Site

    One can leverage the Internet Archive’s Wayback Machine to better understand how, over time, the Foundation called “Linux” deviated or diverged away from its mission statement for the sole purpose of raising corporate funds and selling influence to corporations (passing the community’s hard work to them — a form of tacit privatisation)



  30. Microsoft Redefining Ownership and Identity of GNU/Linux

    The idea that “Microsoft loves Linux” is as insane as it gets; but the lie which is “Microsoft loves Linux” is a powerful enabler of Microsoft entryism, e.g. if Greg steps down, does a Microsoft employee become the deputy of Linus Torvalds?


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

Recent Posts