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

04.28.10

HTC Sells Out to Microsoft (Microsoft ‘Android Tax’)

Posted in Asia, FUD, GNU/Linux, Google, Kernel, Microsoft, Novell, Patents, Red Hat at 7:20 am by Dr. Roy Schestowitz

Al Capone mugshot and Steve Ballmer

Summary: Microsoft’s racketeering is formally reaching Android and Microsoft is extorting some more companies behind the scenes, based on its latest statements

THE DEBT-SADDLED Microsoft, whose sales of Windows are declining quite sharply in recent years (in terms of revenue) along with other products [1, 2, 3, 4, 5, 6, 7], long ago decided that racketeering [1, 2, 3, 4, 5, 6, 7] will be its business model against GNU/Linux and Free software (it began when Microsoft prioritised patenting — not development — around 2007 or before that). Novell legitimised this strategy from Microsoft by actually approaching Microsoft to make that possible.

“In order to extort the Linux-based Android, Microsoft is going past Google and through to distributors.”In 2007, both LG and Samsung (giant companies located in Korea) started paying Microsoft for Linux and currently they use Android (Samsung currently uses Bada, which is Android). These two companies were creating or passively establishing a bad neighbourhood by embracing Android while they were paying Microsoft for Linux. We warned about this many times. That being said, Google was already paying Microsoft for ActiveSync patents and Google is not against software patents, unlike Red Hat for example.

In order to extort the Linux-based Android, Microsoft is going past Google and through to distributors. The same strategy is being used against Red Hat Enterprise Linux as Microsoft targets/taxes its big users, e.g. Amazon. It’s about threats and coercion (Microsoft is suing those who do not cooperate). The allegation? Patent violations. But it would hardly be a GUI thing; Microsoft is claiming to have invented (and now “own”) some parts that are associated with operating system kernels — parts it won’t even disclosure.

Android and Windows distributor HTC is the latest company which sells out to Microsoft, just shortly after Apple had sued HTC and Microsoft then approached the case in support of Apple. We explicitly warned that there may have been a connection.

According to this morning’s news (British time and British press):

HTC pays off Microsoft in Linux protection racket

CONVICTED MONOPOLIST Microsoft has managed to squeeze money from the smartphone maker HTC for using some of its much talked about but never revealed patents that Microsoft claims implicate Linux as part of the Android OS.

According to the Vole’s press website, Microsoft and HTC have signed a patent agreement that provides broad coverage under Microsoft’s patent portfolio for HTC’s mobile phones running the Android mobile operating system. Under the terms of the agreement, Microsoft will receive royalties from HTC.

There is more from the British press, including additional Microsoft threats:

Microsoft’s deputy counsel Horacio Gutierrez said the company was in talks with other “device manufacturers to address our concerns relative to the Android mobile platform”.

This quote happens to come through the convicted monopolist’s über-apologist Ina Fried (CNET), who was apparently already contacted by Microsoft to spread FUD. Fried is proudly acting as an accomplice in “patent terrorism” — a term which we derive from the following statement:

“What we’re seeing though now can be loosely described as patent terrorism, where people are using their patent horde as a threat [...] It’s almost like a cold war stand over tactic; where I have these patents and if you breach these patents, I’m going to come after you and sue you.”

James Eagleton, systems product manager for Sun Microsystems

Red Hat or Google should report Microsoft for extortion. It is a violation of the law to do this in some countries.

Google is too feeble on the subject of software patents, so it probably won’t do a thing. But Red Hat should definitely have Microsoft reported to the relevant authorities.

Microsoft is perpetually spreading the scourge of software patents around the world using lobbying groups (because 85% of Microsoft's patent filings are said to be for software/algorithms). A lot of GNU/Linux enthusiasts are ignoring the main issue, which is exactly that. Microsoft’s “patent terrorism”, which is assisted by unethical ‘journalists’ like Ina Fried/CNET, really needs to be stopped. The press is being filled with this Linux-hostile content which is not even backed by evidence because Microsoft makes it a whisper campaign rather than a defensible legal case.

Microsoft is attacking Android because Windows Mobile (or its new names/identities) has failed and has no chance of recovering (whereas Android is looking like the growth leader). Microsoft therefore wants to ‘milk’ the competitors for revenue. To quote another new article from The British press:

Microsoft won’t be dominating the OS much longer

SOFTWARE COLOSSUS Microsoft’s dominance of the IT industry will disappear within five years, as it loses its grip on a facet of the industry where smartphone devices will be king.

There is this old saying that companies which resort to patent strategies simply admit that they failed to make products; instead, they start making ‘portfolios’ and threats (sometimes lawsuits).

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

7 Comments

  1. gnufreex said,

    April 28, 2010 at 11:31 am

    Gravatar

    I do not know what can be done to stop this madness. Maybe OIN should sue pants of Microsoft. Or maybe Google should start pressing Windows OEMs to pay for protection. IBM too. Or maybe we should go to Redmond and burn the place to the ground.

    Dr. Roy Schestowitz Reply:

    Google and IBM are pro-software patents and OIN is not allowed to sue; it’s a defense pool.

  2. gnufreex said,

    April 28, 2010 at 12:28 pm

    Gravatar

    I did not know that Google is pro-software patents..? But anyway, they do not need to be anti-patents for this hipothetical scenario to work.

    I was thinking, how would be if IBM would use its patent portfolio to make Windows OEMs pay up. That would make M$ either sue or be quiet, it would stop this madness and FUD. It is crazy, I know, but it’s just a thought.

    Dr. Roy Schestowitz Reply:

    I did not know that Google is pro-software patents..?othetical scenario to work.

    It’s passive about policy and a participant in patenting.

    I was thinking, how would be if IBM would use its patent portfolio to make Windows OEMs pay up. That would make M$ either sue or be quiet, it would stop this madness and FUD. It is crazy, I know, but it’s just a thought.

    IBM and Microsoft cross-license though.

    Yuhong Bao Reply:

    I think Google is neutral, they do software patents but they don’t use it much, unlike IBM.

    Dr. Roy Schestowitz Reply:

    That’s correct. Google recently sued with a patent though (counter claim).

  3. Agent_Smith said,

    April 29, 2010 at 12:52 am

    Gravatar

    The only way to do not pay the M$ tax is to buy from companies established long time ago, so, they had time to built a patent portfolio, and therefore, they have patents to counter suit. Motorola, in this case, is safe to buy from…
    Anyway, patent is becoming a nightmare. And M$ and its trolls are like the living dead from George Romero’s movies: Always after fresh brains… Merciful Jesus…

What Else is New


  1. Links 18/12/2014: LinuxQuestions.org Polls, Fedora for POWER

    Links for the day



  2. Links 16/12/2014: Google and ODF, Civilization: Beyond Earth Comes to GNU/Linux

    Links for the day



  3. Bill Gates' Pet Troll Intellectual Ventures is Collapsing as Founder Quits

    Intellectual Ventures founder leaves after an exceptionally large round of layoffs, despite [cref 77299 recent subsidies from Sony and Microsoft]



  4. Keeping Software Patents Out of Europe Following the Demise of Software Patents in the US

    Instability in the EPO seemingly prevents further expansion of patent scope, which is the subject of scrutiny of EPO staff



  5. Links 15/12/2014: OSI 2014 Annual Report, GPLv2 Court Test

    Links for the day



  6. Links 14/12/2014: Calligra 2.9 Beta, Krita 2.9 Beta

    Links for the day



  7. Software Patents Are Dying in the US, But Patent Lawyers Refuse to Admit It

    Patent lawyers continue to distort the reality of software patents' demise in the United States



  8. Links 13/12/2014: Android Wear “Lollipop”, European Commission and FOSS

    Links for the day



  9. Time to Take Microsoft Out of British Aviation Before Planes Crash Into Buildings

    London's mighty Heathrow Airport among those affected by a Microsoft-reliant air traffic control system which is not being able to properly recover from an outage, and not for the first time either



  10. News From France and Germany: Battistelli Under Fire, But Not Fired Yet, Just Firing His Opposition

    The régime headed by Benoît Battistelli and his criminal deputy continues to overthrow or pressure out everyone who is not 'loyal' to the régime



  11. Links 12/12/2014: Linux++, KDE Frameworks 5.5.0, Calligra 2.8.7

    Links for the day



  12. The USPTO is Broken: New Evidence Presented

    The scope of patents, as evidenced by some statistical figures and individual patents, shows that the USPTO is broken and must be reformed or dismantled



  13. US Patent Reform (on Trolls Only) More or Less Buried or Ineffective

    An update on efforts to reform the patent system in the United States, including the possibly imminent appointment of Michelle Lee to USPTO leadership role



  14. Software Patents in Canada Not Dead Yet

    Canada's patent status quo increasingly like that of the United States and Canadian giants like BlackBerry now pose a threat to software developers



  15. Dreaming of a Just Christmas: When a Third of EPO Walks Out to Revolt and European Judges Attack the EPO Over Abuses

    Information about the abuses of Battistelli et al. at the EPO are finally receiving wider coverage and increasing the strain on Battistelli's authoritarian reign



  16. Links 11/12/2014: Red Hat Enterprise Linux 7.1 Beta, Firefox 35 Plans

    Links for the day



  17. Ubuntu Core Announcement is Not About Microsoft and Hosting Ubuntu on Azure is Worse Than Stupid

    The power of media spin makes the idea of hosting Free software under the control of an NSA PRISM and back doors partner seem alluring



  18. France Gets Involved in Battistelli's Abuses in the EPO - Part XII (Updated)

    The EPO scandal has officially spilled over to France, where a French Senator got involved and starts asking serious questions



  19. Rolling of Heads Likely Imminent at EPO

    The European patent system is shaking as management breaks the rules, staff is protesting against the management every week, and charges of corruption resurface



  20. Links 11/12/2014: systemd 218, Empire Total War

    Links for the day



  21. Links 10/12/2014: Fedora 21, Ubuntu Core

    Links for the day



  22. Links 9/12/2014: Fedora 21 and Torture Report Are Out

    Links for the day



  23. Exclusive: The Enlarged Board of Appeal Complains About Battistelli's Corrupt Management to the Administrative Council (Updated)

    Text of the complaint from the Enlarged Board of Appeal (EBoA) reaches Techrights, demonstrating just how rampant the abuse in Battistelli's EPO has become



  24. Protests Against EPO Corruption Approach 1,000 in Attendance

    EPO staff at all levels is revolting against the management of the EPO, whose dismissal seems to be only a matter of time



  25. Links 9/12/2014: Greg Kroah-Hartman Interview, Fedora 21 Imminent

    Links for the day



  26. EPO Staff Protests Today and Protested Last Week, Targeting Corruption in the Institution

    PO staff is demonstrating against abuse by the management of the EPO, today we well as in prior days



  27. Links 7/12/2014: New Linux Release, Marines and Prisoners on GNU/Linux

    Links for the day



  28. EPO Scandal: Benoît Battistelli's Arrogance Recognised by European Delegations

    Battistelli’s Nixon moment and the evasive nature of his approach towards external delegations that are troubled by his behaviour



  29. CBS Brushing Aside and Away Microsoft's History of Blackmail and Bribes Against Linux

    Putting in context some of the poor reporting (or whitewash) regarding Microsoft's bribe (disguised as "partnership") to Barnes & Noble



  30. Links 7/12/2014: Typhoon Hagupit, AURORAGOLD

    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