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

03.16.10

New Theory That Microsoft Played Role in Apple’s Lawsuit Against Linux and Against Google

Posted in Apple, GNU/Linux, Google, Microsoft, SCO at 2:42 am by Dr. Roy Schestowitz

Summary: Some news sites have begun suggesting that since Microsoft would benefit from Apple’s aggression, then Microsoft could also be involved in it

Microsoft is copying ideas from Apple in its attempt to breathe life into Windows Mobile. Microsoft even admits copying the iPhone, but for neither Microsoft nor Apple does the closed-source approach help all that much. According to Microsoft’s business partner ComScore [1, 2, 3, 4, 5, 6, 7, 8, 9, 10], the biggest winner right now is Linux/Android, which Apple tries to defeat by suing with software patents [1, 2, 3, 4, 5, 6].

Here is why Apple and Microsoft are so nervous about Linux:

These figures are from a company that works with Microsoft, so if any bias exists, it is in Microsoft’s favour. According to the ‘Microsoft press’, Microsoft plans to pollute the mobile Web with standards-hostile pages that only work well as long as Microsoft gets paid. How convenient.

The Mad Hatter writes about Apple’s lawsuit with some historical background:

Unix System Laboratories v. BSD Incorporated and the University of California – in many ways this was one of the seminal cases which changed the attitude of IT towards companies that use the legal system against their competitors. It ended in a sealed settlement. A settlement that left the community unsure, and very unhappy. Ten years later using California’s Public Records Law, a Groklaw member called dburns obtained a copy of the settlement, which Groklaw dissected, to the delight of the community. Tis case may have directly been responsible for the success of Linux, in that people who might have worked on the BSD kernel worked on the Linux kernel instead due to the legal uncertainty.

SCO Group v. International Business Machines, Inc. – the actions of the SCO Group (previously known as Caldera International) were regarded by most of the community as a direct attack on the community, even though IBM was the legal target. SCO claimed that IBM had copied millions of lines of source code directly from the Unix Operating System into GNU/Linux. When SCO turned down the community’s offer to re-write the supposedly infringing parts of GNU/Linux, the initial confusion in the community was replaced by a dogged determination to strike back. The community quickly determined that SCO’s claims were bogus by checking every claim that SCO made against the source code files in the Linux kernel. The fact that SCO (when it was still called Caldera) had open sourced an earlier version of the Unix Operating System helped. Groklaw was one of the nodes of resistance that formed, and the line by line dissection of the various filings by Pamela helped confirm that SCO was lying . One of the things that really got IT upset was how the two major players, Ralph Yarro and Darl McBride attempted to use the ‘religion’ card (both claimed to be devout Mormons – claimed – their lies prove that they weren’t).

Gordon v. Microsoft and Comes v. Microsoft – two of the Anti-Trust cases brought against Microsoft, the public filings made very interesting reading, and showed that Microsoft was no friend of the IT community, regarding them as little more than sheep to be fleeced.

[...]

And now we’ve got Apple. Apple had generally been regarded as an OK company. It makes code contributions to the community, uses Free and Open Source Software in it’s core products (OSX is based on FreeBSD, Safari is based on Webkit, etc). Apple has been somewhat litigious, but the lawsuit against HTC is the ’straw that broke the camel’s back.’ Whether the lawsuit has any legal or technical merits doesn’t matter. What matters is that Apple has taken an action that the IT Community doesn’t approve of.

Legally Apple’s suit may have merits (another article will deal with this). That doesn’t matter. Apple has, by launching this suit, proven a disdain for the IT Community’s mores. The community has had to deal with a lot of issues, especially over the last ten years, and as The SCO Group found out, if you piss off the community, the community will come after you.

But now we get to the interesting part. We have found this theory that Apple attacked Android (Linux) in order to help Microsoft. Here is one article that discusses this:

Companies Targeted by Apple’s Lawsuits Might Receive Help from Microsoft, Report Speculates

The rattle created by Apple is now leading to other OEMs to reconsider their plans with the Android, and this might indirectly help Microsoft gain more partners for its latest Windows Phone 7 Series.

Also, in CRN, we have “Report: Microsoft May Help Apple Lawsuit Targets”.

Microsoft Nick says that “Microsoft Could Be Affected by Apple, HTC Lawsuit”. Brier Dudley, a Microsoft booster from the Seattle Times (which hardly ever covers anything negative about Microsoft), says that “Apple [and] Microsoft [are] warming up to each other”. Dudley also writes that “Seeing is believing when Microsoft talks nice about former foe Apple”. He refers to the following incident:

Speaking of such stores, CMS Wire says that “Google’s Marketplace Spells Trouble for Microsoft” and a blogger from ZDNet says:

Given all those Googly warm fuzzies, it seemed like Microsoft should be at least a little bit nervous, especially for the much sought-after SMB market.

Microsoft has already begun imitating this model too.

Could Microsoft be helping Apple or vice versa? One might suggest that this is complemented rather than contradicted by news reports like this one from the Wall Street Journal:

Microsoft Corp. employees are passionate users of the latest tech toys. But there is one gadget love that many at the company dare not name: the iPhone.

Mike Magee and others [1, 2, 3] wrote about 10,000 Microsoft employees using iPhones (that’s more than 10% of the staff). Are Apple and Microsoft really growing closer? Some months ago there were rumours about them bonding against Google, namely by Apple redirecting users to Microsoft’s illusion of “search engine”, where the results are still Linux- and Apple-hostile.

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

2 Comments

  1. your_friend said,

    March 16, 2010 at 9:35 am

    Gravatar

    PJ of Groklaw has long speculated that the Psystar incident was a covert attack on the GPL, and Apple is no friend of the GPL or software freedom. The HTC is also damaging to free software in the way that all software patents are damaging to free software. It will only target Android because Apple has some kind of kickback arrangement, aka cross licensing extortion deal, with Microsoft. Apple will benefit from this in the short run. No one benefits from software patents in the long run but industry wide monopolists.

    It is unfair to characterize Groklaw and other community responses to Microsoft’s attack on software freedom as some kind of attack for unapproved actions. Groklaw is a research site run by an impartial observer who aims to understand the truth about a huge fraud. At best, that’s a purely defensive reaction. To say otherwise is to fall prey to Microsoft propaganda about Groklaw, the FSF and anyone else who does not do as Microsoft says being “attack dogs” and vigilantes.

    Dr. Roy Schestowitz Reply:

    Just in:

    Microsoft’s Brad Smith about the HTC-Apple fight: “The fact that there’s litigation in this area is not necessarily a bad thing”

    http://www.slashgear.com/microsoft-welcome-htcapple-patent-battle-1577681/

    Microsoft/Apple introducing software patents in phones to harm Linux?

What Else is New


  1. The Boards of Appeal Openly Complain (in the EPO's Web Site) About Battistelli, But Don't Tell Battistelli About It...

    The Boards of Appeal have found the courage -- in the face of a pattern of illegal retaliation -- to state that Battistelli's abuse of power compromises the perceived if not actual legitimacy of their decisions



  2. Web Site of French Senator Richard Yung Cracked Just Days After Criticising the EPO

    A French politician finds himself red-faced after criticising the EPO, as his site gets flagged as malicious, gets blocked, and his blog post (speech) about the EPO vanishes



  3. New Survey Shows That Even Patent Professionals Know That Team UPC is Lying About Unitary Patent Roadmaps

    The "Unified Patent Court (UPC) is unlikely to become operational by December 2017 [according to] nearly three-quarters of WIPR readers," but Team UPC continues to spread lies



  4. Does the EPO Want Patent Quality to Decline Against the USPTO and Become Akin to SIPO?

    The EPO, which is trying to convert a patent system into a cash cow rather than a public service, risks losing public support and an applicants base (where it hasn't lost it already)



  5. Xinova is a Patent Troll With Connections to Microsoft and Intellectual Ventures, the World's Largest Troll

    A Microsoft patent troll gives birth to another trollish tentacle (one among literally thousands), this one called "Xinova" but formerly known as Invention Development Fund (IDF)



  6. IAM 'Magazine' Rented Out to Microsoft Again, in Order to Attack Amazon (as Host of Free/Libre Software) Using Software Patents FUD

    The new front against GNU/Linux, or the attempt by Microsoft to tax the platform using software patents, is glossed over in puff pieces from Microsoft, conveniently published under IAM's own umbrella again



  7. Links 27/2/2017: GNU Linux-libre 4.10, Weston 2.0.0, Git 2.12.0, Linux From Scratch 8.0

    Links for the day



  8. Top Officials in French Government Are Growing Tired of Battistelli's Abuses at the European Patent Office (EPO)

    An automated translation of a recent debate about the EPO in the French government, culminating in intervention by Richard Yung



  9. A US Supreme Court (SCOTUS) Which is Hostile Towards Patent Maximalists May Closely Examine More Patents That Apple Uses Against Android

    A company which often takes pride in designers rather than developers (art, not technical merit) may lose that leverage over the competition if its questionable patents are taken away by the Supremes



  10. As Long as Software Patents Are Granted and Microsoft Equips Trolls With Them, “Azure IP Advantage” is an Attack on Free/Libre Software

    Microsoft is feeding enemies of GNU/Linux and Free/libre Open Source software (FLOSS) in order to sell its 'protection', which it names "IP Advantage" in a rather Orwellian fashion (same naming as back in the Novell days)



  11. Patent Trolls on Their Way Out in the United States and Their Way Into China, No Thanks to the Open Invention Network (OIN)

    An update on patent trolls and the role played by supposed allies of Free/libre software, who in practice do everything to exacerbate the problem rather than resolve it



  12. Insensitivity at the EPO’s Management – Part VIII: When Governed by Criminals, Truth-Tellers Are Cast as Criminals and Criminals as Justice Deliverers

    The bizarre state of affairs at the European Patent Office, where being an honest and transparent person makes one incredibly vulnerable and subjected to constant harassment from the management



  13. The Sickness of the EPO – Part V: Shedding Light on Institutional Abuse Against Ill and/or Disabled Individuals

    The seriousness of the situation at the EPO and a call for action, which requires greater transparency, even if imposed transparency



  14. The EPO's Race to the Bottom in Recruitment and Early Retirements Explained by an Insider

    The European Patent Office under Battistelli is failing to attract -- and certainly failing to retain -- talented examiners



  15. Wouter Pors and Other UPC Boosters Believe That Repeating the Lies Will Potentially Make Them Truths

    The lobbying campaign for UPC, or hopeful lies (sometimes mere rumours) disguised as "news", continues to rely on false perceptions that the UPC is just a matter of time and may actually materialise this year



  16. The Patent Trial and Appeal Board (PTAB) is Utilised in Fixing the US Patent System and the Patent Microcosm Loses Its Mind

    A roundup of PTAB news, ranging from attacks on the legitimacy of PTAB to progress which is made by PTAB, undoing decades of overpatenting



  17. The Patent Trial and Appeal Board (PTAB) and the Federal Circuit (CAFC) Take on Patents Pertaining to Business Methods

    Patents on tasks that can be performed using pen and paper (so-called 'business methods', just like algorithms) and oughtn't be patent-eligible may be the next casualty of the America Invents Act (AIA)



  18. Google's Stewardship of GNU/Linux (Android, Chromebooks and More) in Doubt After Company Resorts to Patent 'First Strikes'

    Google has just turned a little more evil, by essentially using patents as a weapon against the competition (by no means a defensive move)



  19. Links 24/2/2017: Ubuntu 17.04 Beta, OpenBSD Foundation Nets $573,000 in Donations

    Links for the day



  20. IAM, Greased up by the EPO, Continues Lobbying by Shaming Tactics for the UPC, Under the Guise of 'News'

    The shrill and well-paid writers of IAM are still at it, promoting the Unitary Patent (UPC) at every opportunity and every turn



  21. Patent Scope Gone Awry: European Vegetable Patents Office?

    In its misguided race to raise so-called 'production', the EPO lost sight of its original goals and now facilitates patent royalty payments/taxation for naturally-recurring items of nature



  22. Yes, There is Definitely Brain Drain (Experience Deficit) at the European Patent Office and Stakeholders Feel It

    The direction that the European Patent Office has taken under Battistelli undoes many decades (almost half a century) of reputation-building and progress and naturally this repels existing staff, not to mention hampers recruitment efforts



  23. The Sickness of the EPO – Part IV: Cruel Management That Deliberately Attacks the Sick and the Weak

    The dysphoric reality at the European Patent Office, which is becoming like a large cell (with bolted-down windows) where people are controlled by fear and scapegoats are selected to perpetuate this atmosphere of terror and maintain demand (or workload) for the Investigative Stasi



  24. Links 23/2/2017: Qt 5.9 Alpha, First SHA1 Collision

    Links for the day



  25. UPC Roundup: War on the Appeal Boards, British Motion Against the UPC, Fröhlinger Recalled, and Fake News About Spain

    Taking stock of some of the latest attempts to shove the Unitary Patent (UPC) down Europe's throat, courtesy of Team Battistelli and Team UPC



  26. The Sickness of the EPO – Part III: Invalidity and Suicides

    An explanation of what drives a lot of EPO veterans to depression and sometimes even suicide



  27. The Appeal Board (PTAB) and Federal Circuit (CAFC) Maintain Good Pace of Patent Elimination Where Scope Was Exceeded

    The Court of Appeals for the Federal Circuit (CAFC) continues to accept about 4 out of 5 decisions of the Patent Trial and Appeal Board (PTAB) and the US Supreme Court (SCOTUS) refuses to intervene



  28. Software Patents Are Ebbing Away, But the “Swamp” Fights Back and Hijacks the Word “Fix”

    The club of patent maximalists, or those who profit from excess prosecution and legal chaos, isn't liking what has happened in the United States and it wants everything reversed



  29. Report From Yesterday's Debate About the European Patent Office (EPO) at the Bavarian Landtag

    A report of the EPO debate which took place at the Bavarian Landtag yesterday (21/2/2017)



  30. Links 22/2/2017: Wine-Staging 2.2, Nautilus 3.24

    Links for the day


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