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

03.18.10

Microsoft Brings MPEG-LA-LA Land to the Web and Threatens GNU/Linux With Software Patent Lawsuits

Posted in Apple, FUD, GNU/Linux, IBM, Marketing, Microsoft, Novell, Patents at 10:29 am by Dr. Roy Schestowitz

 Demi Lovato - La La Land

Summary: Microsoft is trying to sneak patents-encumbered MPEG formats into the Web using Internet Explorer 9 (IE 9); Microsoft threatens (again) to go after Linux legally

IN OUR previous posts about IE 9 [1, 2] we mentioned not only security problems but also Microsoft’s ‘support’ of the video tag, which we expected to have a negative side when implemented by Microsoft. It now turns out that Microsoft — just like its buddy Apple — is trying to piggyback Web video to push H.264 into the standard. The W3C’s new CEO (Novell's former CTO who brags about software patents and helped create the patent deal with Microsoft) is unlikely to have a problem with this as the three people in his working group are from proponents of software patents (Apple, Microsoft, and IBM).

Here is the news article outlining Microsoft’s patent-saturated vision of the Web:

The rough version of IE9 that Microsoft demonstrated includes HTML5 video encoded with a particular technology called H.264. Apple’s Safari also supports this encoding and decoding technology, or codec.

But Mozilla is adamantly opposed to open-source-unfriendly H.264, supporting the rival Ogg Theora codec instead, and Opera is in that camp with its new version 10.5. Google’s Chrome supports both, tying the score at Ogg Theora 3, H.264 3.

Mozilla is fighting for us, but will it be enough? Mozilla is strongly against software patents, just like most companies that are without a monopoly (patent trolls don’t qualify as companies). According to this new post from Miro (formerly known as Democracy Player), the fight for free codecs intensifies and Wikipedia puts its weight behind it.

This is a concept that I had thinking about and trying to nudge towards reality for a long time; I’m thrilled that we’re finally there. There’s a bunch of interesting aspects, but perhaps the heart of it is a chance to bring open video to mainstream users and strike a blow for freedom.

Wikipedia is the most popular site in the world that posts video exclusively in open formats (specifically, theora). The steadfast commitment that the Wikimedia Foundation has to open information, tools, and formats, is amazing. They truly put their values first.

We are respectfully concerned that the W3C suffered some form of entryism in the sense that everyone there is a proponent of software patents, except Tim Berners-Lee, which is just so ironic and sad. Why are proprietary software monopolists given so much control over the Web’s direction? How was it allowed to happen? Even Apple, the company that’s attacking Free software using software patents [1, 2, 3, 4, 5, 6] and getting criticised for having software patents that harm the Web (this goes over a year back), was given a valuable seat, alongside its supportive friend, Microsoft. For those who have not read the past few days’ posts, Microsoft is openly supporting Apple’s action [1, 2, 3] against GNU/Linux. Only yesterday we quoted some of the latest FUD from Gutierrez (endorsement for Apple’s legal team), who led Glyn Moody to writing a sensationalist headline which he pushed into Slashdot. It says: “Is Microsoft About to Declare Patent War on Linux?”

Microsoft’s comments on happenings outside its immediate product portfolio are rare, and all the more valuable when they do appear. Here’s one from Horacio Gutierrez, “Corporate Vice President and Deputy General Counsel”, entitled “Apple v. HTC: A Step Along the Path of Addressing IP Rights in Smartphones.”

By now, all the alarm bells should be going off: this is from Microsoft’s top intellectual monopoly bloke, writing about one of the most surprising and potentially disruptive lawsuits in the world of technology – and one that doesn’t even involve Microsoft directly. Why on earth is he doing it? Answer: because Microsoft has something very important to communicate.

[...]

Translated: smartphones are mostly about the kind of software that Microsoft produces; we have lots of patents in this area, and we are going to collect much more in this area – if necessary, through lawsuits (“continued activity”) of the kind Apple is bringing.

The question, of course, is against whom will Microsoft be bringing those lawsuits? And the answer, presumably, is everyone that makes smartphone software stacks, since these computer-like technologies will doubtless overlap with some of the doubtless broad and obvious patents that Microsoft will claim to have.

Some companies, used to these kind of games, will simply cross-license stuff if they have a big enough portfolio of similarly obvious patents. Others will just cough up some dosh to get Microsoft off their backs. But amidst all these conventional players, there is one very unconventional one: Linux, in its various mobile incarnations.

Taking legal action against *all* companies producing software stacks for smartphones would allow Microsoft to claim with some semblance of plausibility that it was not specifically targeting Linux this time (unlike its previous sabre-rattling statements about patent infringement that were specifically aimed at Linux). But the net effect would be that Linux would be the chief victim of such an approach, since any companies using it in their smartphones are likely to end up doing deals with Microsoft – and hence implicitly accepting its claims – whatever the open source community might think or want. It would be like Novell’s pact with Microsoft, writ large and much worse.

We don’t agree with Moody’s exaggeration here. Microsoft is just beating the bushes (it’s sometimes called “shakedown”) in order to find more sellouts like I-O Data and Amazon [1, 2, 3, 4]. In the next post we will show that Microsoft uses other companies to launch lawsuits against GNU/Linux. It’s very much apparent at this stage and it takes extreme discipline to sincerely deny this.

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

A Single Comment

  1. uberVU - social comments said,

    March 22, 2010 at 2:49 am

    Social comments and analytics for this post…

    This post was mentioned on Twitter by schestowitz: #Microsoft Brings #MPEG Land to the Web and Threatens #GNU #Linux With #SoftwarePatents Lawsuits http://ur1.ca/qcsx

What Else is New


  1. Patent Quality and Patent Scope the Unspeakable Taboo at the EPO, as Both Are Guillotined by Benoît Battistelli for the Sake of Money

    The gradual destruction of the European Patent Office (EPO), which was once unanimously regarded as the world's best, by a neo-liberal autocrat from France, Benoît Battistelli



  2. Bristows LLP's Hatred/Disdain of UK/EU Democracy Demonstrated; Says “Not Only Will the Pressure for UK Ratification of the UPC Agreement Continue, But a Decision is Wanted Within Weeks.”

    Without even consulting the British public or the European public (both of whom would be severely harmed by the UPC), the flag bearers of the UPC continue to bamboozle and then pressure politicians, public servants and nontechnical representatives



  3. Released Late on a Friday, EPO Social 'Study' (Battistelli-Commissioned Propaganda) Attempts to Blame Staff for Everything

    The longstanding propaganda campaign (framing staff as happy or framing unhappy staff as a disgruntled minority) is out and the timing of the release is suspicious to say the least



  4. Links 23/9/2016: Latest Microsoft and Lenovo Spin (Now in ‘Damage Control’ Mode)

    Links for the day



  5. White Male-Dominated EPO Management Sinks to New Lows, Again

    Benoît Battistelli continues to make the EPO look like Europe's biggest laughing stock by attempting to tackle issues with corny photo ops rather than real change (like SUEPO recognition, diverse hiring, improved patent quality, and cessation of sheer abuses)



  6. Journalism 102: Do Not Become Like 'Managing IP' or IAM 'Magazine' (the Megaphones of the EPO’s Management)

    Another look at convergence between media and the EPO, which is spending virtually millions of Euros literally buying the media and ensuring that the EPO's abuses are scarcely covered (if ever mentioned at all)



  7. Journalism 101: Do Not Believe Anything That Benoît Battistelli and the EPO's Management Say (Also Don't Fall for the UPC Hype)

    A survey/review (or an overview) of recent articles about the EPO and why they're wrong (mostly because they parrot the official lies from Battistelli's department)



  8. Patent Law Firms, David Kappos, and IAM 'Magazine' Still Shelter Software Patents by Cherry-Picking and Lobbying

    Amid the gradual collapse of software patents in the United States there are disingenuous efforts to bring them back or maintain a perception that these patents are still potent



  9. Microsoft-Connected Patent Trolls Going Places and Suing Microsoft Rivals, Microsoft Wants More 'Linux Patent Tax'

    Microsoft-connected patent trolls like Larry Horn's MobileMedia are still attacking Microsoft rivals and Microsoft wants more money from Korea, after it attacked Linux with software patents over there (notably Samsung and LG)



  10. Links 22/9/2016: Linux Professional Institute Redesign, Red Hat Upgraded

    Links for the day



  11. Links 22/9/2016: Red Hat's Latest Results, GNOME 3.22 Released

    Links for the day



  12. The Patent Law Firms in the US Relentlessly Lobby for Software Patents Resurgence by Placing Emphasis Only on Rare Outcomes

    Decisions against software patents continue to be ignored or intentionally overlooked by patent law firms, which instead saturate the media with the few cases where courts unexpectedly rule in favour of software patents



  13. Links 21/9/2016: Lenovo Helps Microsoft Block GNU/Linux Installations

    Links for the day



  14. Like Big Tobacco Lobbyists, Benoît Battistelli and Team UPC Are Just Chronically Lying and Manipulating Politicians With Their Lies

    Benoît Battistelli and Team UPC continue to meddle in politics and mislead the public (through the press) about patent quality as well the UPC, which is now in effect sunk inside the ashtray of history



  15. The EPO's 'Investigative' Function is Totally Out of Control and Continues to Get Bigger, Whitewashed by So-called 'Review'

    An update on the situation which still causes great unrest at the European Patent Office (EPO), namely abuse of staff by the so-called Investigative Unit (Eponia's equivalent of unaccountable secret services)



  16. Microsoft and Patent Law Firms in the United States Can't Stop Writing About McRo in a Coordinated Push to Resurrect Software Patents

    Microsoft is pursuing more Linux 'patent tax' (using software patents) and patent law firms are preoccupied flooding the media with their shameless self-promotion which is also software patents promotion



  17. For Abuse Like Plagiarism and Malpractice, the US Patent System is Still World Champion

    Low patent quality, abusive litigation (e.g. by patent trolls) and various other elements that globally discredit the USPTO are only symptoms of a wider problem, which is a greedy system motivated by neo-liberal values rather than professionalism and servitude



  18. Links 20/9/2016: GNOME 3.22 Preview, Absolute 14.2 Released

    Links for the day



  19. Links 19/9/2016: Linux 4.8 RC7, KDevelop 5.0.1

    Links for the day



  20. Patents Roundup: Disclosure Requirements, Mobile Patents, Patent Lawyers' Plagiarism, USPTO Getting Sued, and Corporate Domination of the Patent System

    The unwanted elements of the patent system (as it stands at present) illuminated by very recent news and patent court cases



  21. With or Without the UPC (Which Will Probably Never Happen) Battistelli is Crushing the EPO and Ejects Experienced Staff, a Future Without Examination Possible

    A pessimistic but probably realistic take on what is happening at the European Patent Office (EPO), which is undergoing a silent transformation so wide-ranging that stakeholders deserve to know about it



  22. When EPO Liar-in-Chief Benoît Battistelli Defamed His Staff in Parliament, Comparing Them to Nazis and Criminals

    A reminder of the audacity of Benoît Battistelli, who in his capacity as a politician -- a problem in its own right -- slanders EPO staff



  23. After McRO v Namco Case (at CAFC) the Patent Microcosm Works Overtime to Produce Pro-Software Patents Propaganda, Smear the Supreme Court

    Increasingly desperate to convince people to pursue software patents and/or use their software patents to initiate growingly risky lawsuits (high risk of losing), the patent microcosm hugs McRO v Namco while distorting the complete record of the Court of Appeals for the Federal Circuit (CAFC) on this subject



  24. Poor Quality Control at the US Patent Office Gives Birth to 'Unpatent' and Gives a Voice to Critics

    The USPTO must up its game on patent quality (not relying on PTAB and the courts correcting its errors after the grants) or face growing backlash that tarnishes its public image



  25. Patent Trial and Appeal Board Under Attack by Law Firms, Which Will Soon Infiltrate It in the Form of 'Bar Association'

    The vultures that are patent law firms keep circling around PTAB and hoping to destroy it, if not from the outside then from the inside, potentially regressing and ruining great progress for US patent quality since Mayo and Alice



  26. EPO President Benoît Battistelli and Team UPC Are Still Lying, Don't Believe a Word They Say

    A rather bulky rebuttal to some of the latest misleading statements from EPO management and law firms that wish to expand/advance their own careers at the expense of the integrity of the European patent system



  27. Links 18/9/2016: Emacs 25.1, Slackel 6.0.7

    Links for the day



  28. Links 17/9/2016: Debian 8.6 Released, More Microsoft Layoffs and Dead Products

    Links for the day



  29. Links 16/9/2016: Uber Uses GNU/Linux, Dell's New Laptops

    Links for the day



  30. Battistelli is Lying About Patent Quality While It Continues to Nosedive at the EPO as Part of His Neo-liberal 'Production' Strategy

    Battistelli, who tries to automate and streamline everything so as to maximise patent grants rather than examine applications properly, is making incredible claims that will almost certainly backfire on him


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