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 27/5/2020: CoreOS Container Linux Reaches Its End-Of-Life, 2020 GNOME Foundation Elections Coming

    Links for the day



  2. IRC Proceedings: Tuesday, May 26, 2020

    IRC logs for Tuesday, May 26, 2020



  3. GNEW Seedlings vs. Free Software Deforestation

    “The idea of the GNEW Project really is about keeping the goals of the GNU Project alive — hopefully, they won’t destroy or co-opt too much of the GNU Project, that people like the Hyperbola devs can’t fix it with BSD.”



  4. Joi Ito Already Admitted on the Record That Bill Gates Had Paid MIT Through Jeffrey Epstein

    An important exhibit for the accurate historical record (because MIT has been trying to deny truth itself)



  5. It's Convenient to Call All Your Critics Nuts and/or Jealous

    Bill Gates antagonists are not motivated by hatred or jealousy but a sense of injustice; spoiled brats who break the law aren’t a source of envy any more than mass murderers are subject of admiration



  6. Real History of Microsoft and How It Became 'Successful'

    New video that contains a portion about the history of Microsoft -- the part paid-for 'journalists' (paid by Microsoft and Bill Gates) rarely or never speak about



  7. Hostility and Aggression Towards Staff That Does Not Use Windows After Windows Takes Entire Hospital Down

    Microsoft Windows, with NSA back doors, continues to take hospitals offline (with records copied by criminals if not stolen by effectively locking the originals out of reach for ransom money); but guess who’s being punished for it…



  8. They Came, They Saw, We Died...

    It cannot be overstated that we're under attack (or a "Jihad" against Linux as Bill Gates himself put it) and failing to act upon it will be costly as time may be running out and our groups are being 'bought off' by Microsoft in rapid succession, as per the plan/strategy



  9. The GitHub Takeover Was an Extension of Microsoft's War on GPL/Copyleft (Because Sharing Code to Anyone But Microsoft is 'Piracy')

    Licences that make it easier for Microsoft to 'steal' (or a lot harder for Free software to compete against proprietary software) are still being promoted by Microsoft; its GitHub tentacles (see GitHub's logo) further contribute to this agenda



  10. ZDNet is Totally a Microsoft Propaganda Machine

    The site ZDNet has become worse than useless; it lies, defames and launders the reputation of famous criminals (that's the business model these days)



  11. When Microsoft's Mask Falls (or When Times Are Rough)

    Microsoft loves Linux in the same sense that cats love mice (they might play with them until they get hungry)



  12. Careers in Free Software Aren't Careers in the Traditional Sense

    With historic unemployment rates and people 'stranded' inside their homes there's still demand and need for technology; these times of adaptation present an opportunity for Software Freedom



  13. Embrace, Extend, Extinguish 2020 Edition

    Embrace, Extend, Extinguish (E.E.E.) is alive and well, but the corrupt (paid by Microsoft) media isn't talking about it anymore; in fact, it actively cheers and encourages people/companies to enter the trap



  14. Links 26/5/2020: SHIFT13mi GNU/Linux Tablet, Linux Kodachi 7.0 and Some Qt Releases

    Links for the day



  15. EPO Propaganda on Steroids (or on EPO)

    What EPO management is saying and what is actually happening



  16. Breton (EU) 'Joins' Team UPC to Help His Buddy Battistelli... Again

    As expected, Breton acts as little but an EPO tool, looking to prop up supremacy of patent litigation over science and innovation



  17. Removing Free/Libre Software as an Inadequate Response to Microsoft Windows (With Back Doors) Getting Compromised, Killing People

    GNU/Linux takes the blame (in a sense) for incidents that are purely the fault of Microsoft and its deficient software with deliberate back doors; it's believed that this boils down to opportunistic retaliation against those looking for a solution to the problem (or merely speaking about the problem)



  18. IRC Proceedings: Monday, May 25, 2020

    IRC logs for Monday, May 25, 2020



  19. Under Distributed Denial of Service Attacks Lately, But We're Too Robust For Those

    Efforts to take Techrights offline have been ramped up lately; but it's not working and it hardly even distracts us from publishing



  20. The Art of Giving: Why Free Software Will Inevitably Survive Attacks Against It

    Societies that share and look after their peers/neighbours will always be better off than predatory societies, which breed exploitation, distrust, discord and eventually systemic collapse



  21. 'Journalism' in 2020: Far More Articles About What Computer Linus Torvalds Bought Than About Linux Releases

    Yesterday's (or late Sunday's) Linux announcement (RC7) is symptomatic of a broader issue we've long spoken about; it restricts people's ability to express an opinion, which can cloud any meritorious and substantial debate about technical matters journalists cannot grasp or comment on (it takes more effort and research)



  22. Links 25/5/2020: Wrapland Redone, DebConf20 Plans, Many More Games

    Links for the day



  23. Media Covers WSL Like People Actually Use This Trash (a Failed Distro Which Only Works With Windows)

    Lots of abundantly redundant puff pieces have appeared in paid-for (by Microsoft) media this past week covering WSL/2, but that's grossly disproportional to the people who care and actually use those types of things (because money talks, not technical substance)



  24. Working From Home on Patent Monopolies Would Lower Their Quality and Perceived Legitimacy

    The patent system wherein people grant monopolies from their sofas and bedrooms isn't helping the already-eroded perception/image of patent offices that mostly grant patents to massive multinationals (and far too many patents overall)



  25. The Attitude of António Campinos Toward Courts and Toward Justice Same as Benoît Battistelli's

    6 years down the road we're still dealing with unaccountable tyrants who laugh at the law, laugh at lawmakers and disregard law enforcers (like the Trump regime across the Atlantic)



  26. IRC Proceedings: Sunday, May 24, 2020

    IRC logs for Sunday, May 24, 2020



  27. Asking Microsoft If It Loves Linux is Like Asking Google If It's Evil

    The media keeps bombarding us with lousy, weakly-sourced messages about Microsoft regretting its stance on “Open Source” and loving “Linux” (both are lies that are very easily debunked), so journalism has an existential problem and maybe too much dependence on ad money (a form of bribery) from “Big Tech” that does “clown computing” and “apps”



  28. Features Considered Harmful

    "But the benefits of Free software, free candy and new features are all meaningless, if the user isn't in control."



  29. Free, as in “App”

    "As everyday users, we need to be able to configure our applications, and this process must/needs to be made as easy and understandable as possible."



  30. Links 25/5/2020: Linux 5.7 RC7 and TeleIRC 2.0.0

    Links for the day


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