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 23/3/2017: Qt 5.9 Beta, Gluster Storage 3.2

    Links for the day



  2. The Administrative Council of the European Patent Organisation Has Just Buried an Innocent Judge That Battistelli Does Not Like

    An innocent judge (never proven guilty of anything, only publicly defamed with help from Team Battistelli and dubious 'intelligence' gathering) is one of the forgotten casualties of the latest meeting of the Administrative Council (AC), which has become growingly complicit rather than a mere bystander at a 'crime' scene



  3. Nepotism at the European Patent Office and Suspicious Absence of Tenders for Big Projects

    Carte blanche is a French term which now perfectly describes the symptoms encountered in the European Patent Office, more so once led by a lot of French people (Battistelli and his friends)



  4. “Terror” Patent Office Bemoans Terror, Spreads Lies

    Response to some of the latest utterances from the European Patent Office, where patently untruthful claims have rapidly become the norm



  5. China Seems to be Using Patents to Push Foreign Companies Out of China, in the Same Way It Infamously Uses Censorship

    Chinese patent policies are harming competition from abroad, e.g. Japan and the US, and US patent policy is being shaped by its higher courts, albeit not yet effectively combating the element that's destroying productive companies (besieged by patent trolls)



  6. 22,000 Blog Posts

    A special number is reached again, marking another milestone for the site



  7. The EPO is Lying to Its Own Staff About ILO and Endless (Over 2 Years) EPO Mistrials

    The creative writing skills of some spinners who work for Battistelli would have staff believe that all is fine and dandy at the EPO and ILO is dealing effectively with staff complaints about the EPO (even if several years too late)



  8. EPO’s Georg Weber Continues Horrifying Trend of EPO Promoting Software Patents in Defiance of Directive, EPC, and Common Sense

    The EPO's promotion of software patents, even out in the open, is an insult to the notion that the EPO is adhering to or is bound by the rules upon which it maintains its conditional monopoly



  9. Protectionism v Sharing: How the US Supreme Court Decides Patent Cases

    As the US Supreme Court (SCOTUS) starts delivering some decisions we take stock of what's to come regarding patents



  10. Links 22/3/2017: GNOME 3.24, Wine-Staging 2.4 Released

    Links for the day



  11. The Battistelli Regime, With Its Endless Scandals, Threatens to Crash the Unitary Patent (UPC), Stakeholders Concerned

    The disdain and the growing impatience have become a huge liability not just to Battistelli but to the European Patent Office (EPO) as a whole



  12. The Photos the EPO Absolutely Doesn't Want the Public to See: Battistelli is Building a Palace Using Stakeholders' Money

    The Office is scrambling to hide evidence of its out-of-control spendings, which will leave the EPO out of money when the backlog is eliminated by many erroneous grants (or rejections)



  13. In the US Patent System, Evolved Tricks for Bypassing Invalidations of Software Patents and Getting Them Granted by the USPTO

    A roundup of news about patents in the US and how the patent microcosm attempts to patent software in spite of Alice (high-impact SCOTUS decision from 2014)



  14. “Then They Came For Me—And There Was No One Left To Speak For Me.”

    The decreasing number of people who cover EPO scandals (partly due to fear, or Battistelli's notorious "reign of terror") and a cause for hope, as well as a call for help



  15. As Expected, the Patent Microcosm is Already Interfering, Lobbying and Influencing Supreme Court Justices

    The US Supreme Court (SCOTUS) is preparing to deliver some important decisions on cases with broad ramifications, e.g. for patent scope, and those who make money from patent feuds are attempting to alter the outcome (which would likely restrict patent scope even further, based on these Justices' track record)



  16. Intellectual Ventures -- Like Microsoft (Which It Came From) -- Spreads Patents to Manifest a Lot of Lawsuits

    That worrisome strategy which is passage of patents to active (legally-aggressive) trolls seems to be a commonality, seen across both Microsoft and its biggest ally among trolls, which Microsoft and Bill Gates helped create and still fund



  17. What the Patent Microcosm is Saying About the EPO and the UPC

    Response to 3 law firms and today's output from them, which serves to inform or misinform the European public at times of Big Lies and fog of (patent) war, revealing the true nature of 21st century asymmetric patent warfare and lobbying



  18. Tough Day for the EPO's Media/Press/PR Team, Trying 'Damage Control' After Important Techrights Publications

    In an effort to save face and regain a sense of legitimacy the EPO publishes various things belatedly, and only after Techrights made these things publicly known and widely discussed



  19. Links 21/3/2017: PyPy Releases, Radeon RX Vega, Eileen Evans at Linux Foundation

    Links for the day



  20. In IAM, Asian Courts That Deliver Justice Are “Unfriendly” and Asian Patent Trolls Are Desirable

    Rebuttal or response to the latest pieces from IAM, which keeps promoting a culture of litigation rather than sharing, collaboration, negotiation, and open innovation



  21. At EPO “I Have the Feeling That Lowering Quality is Part of a Concerted Plan.”

    Growing concern about patent quality at the EPO -- a subject which causes managers to get rather nervous -- is now an issue at the forefront



  22. EPO Reduces the World to Just Seven Nations to Bolster an Illusion of Growing 'Demand' for European Patents

    The unscientific -- if not antiscientific -- attitude of the European Patent Office (EPO) continues to show with the arrival of yet more misleading 'infographics' (disinfographics would be a more suitable term)



  23. Letter to Angela Merkel Expresses Concerns About Impact of EPO Scandals on Germany and Its Image

    Dr. Angela Merkel, arguably the most powerful woman in the world, is being warned about the consequences of Germany ignoring (and hence facilitating) the abuses of Benoît Battistelli



  24. EPO Caricature: Low Patent Quality Not an Achievement

    A new cartoon about the legacy of Battistelli, which ruins both inventors and staff (examination) while handing money to abusers



  25. Are Lithuania and Latvia the Latest Additions to the List of Benoît Battistelli's Vassal States?

    Benoît Battistelli's 'back room' deals came at an interesting, strategic time and the Office uncharacteristically kept quiet about these



  26. Links 20/3/2017: Linux 4.11 RC3, OpenSSH 7.5 Released

    Links for the day



  27. Supposedly 'Pampered' Prisoners Are Still Prisoners of the EPO

    Response to those gross and familiar attempts to portray patent examiners, not politicians who trample all over them, as the cause of all the problems at the EPO



  28. Insulting Reversal of Narratives at the EPO: Team Battistelli as the Victim

    At times of great oppression against staff, in clear defiance of the law in fact, journalists are being asked (or expected) to view the oppressor as the victim, even when this oppressor drives people to suicide



  29. Battistelli's EPO Copies China -- Not the US -- When it Comes to Patenting Software and Expanding Patent Scope

    A detailed explanation of some of the latest reports from China and the US, serving to show that one opens up to software patents whereas the other shuts the door on them (and guess whose lead the EPO is taking)



  30. What IAM Says About AST, RPX, Ericsson, and IBM

    IAM, the trolls' mouthpiece (also the EPO's mouthpiece, but that's another story), provides updates on trolls and troll-like entities, but further commentary is needed to clarify and counterbalance the promotional language


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