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 18/10/2014: Debian Plans for Init Systems, Tails 1.2

    Links for the day



  2. Links 18/10/2014: New ELive, Android Expansion

    Links for the day



  3. Another Fresh Blow to Software Patents (and With Them Patent Trolls)

    Another new development shows that more burden of proof is to be put on the litigant, thus discouraging the most infamous serial patent aggressors and reducing the incentive to settle with a payment out of court



  4. Links 16/10/2014: New Android, SSL 3.0 Flaw

    Links for the day



  5. How the Corporate Press Deceives and Sells Microsoft Agenda

    Various new examples of media propaganda that distorts or makes up the facts (bias/lies by omission/selection) and where this is all coming from



  6. Vista 10 is Still Vapourware, But We Already Know It Will Increase Surveillance on Its Users and Contain Malicious Back Doors

    The villainous company which makes insecure-by-design operating systems will continue to do so, but in the mean time the corporate press covers only bugs in FOSS, not back doors in proprietary software



  7. Links 15/10/2014: KDE Plasma 5.1 is Out, GOG Reaches 100-Title Mark

    Links for the day



  8. With .NET Foundation Affiliation Xamarin is Another Step Closer to Being Absorbed by Microsoft

    Xamarin is not even trying to pretend that separation exists between Microsoft and its work; yet another collaboration is announced



  9. The EPO's Protection Triangle of Battistelli, Kongstad, and Topić: Part VI

    Jesper Kongstad, Benoît Battistelli, and Zeljko Topić are uncomfortably close personally and professionally, so suspicions arise that nepotism and protectionism play a negative role that negatively affects the European public



  10. Corporate Media Confirms the Demise of Software Patents in the United States; Will India and Europe Follow?

    It has become increasingly official that software patents are being weakened in the United States' USPTO as well as the courts; will software leaders such as India and Europe stop trying to imitate the old USPTO?



  11. Links 14/10/2014: CAINE 6, New RHEL, Dronecode

    Links for the day



  12. Microsoft's Disdain for Women Steals the Show at a Women's Event

    Steve Ballmer's successor, Satya Nadella, is still too tactless to lie to the audience, having been given --through subversive means -- a platform at a conference that should have shunned Microsoft, a famously misogynistic company



  13. SCOTUS May Soon Put an End to the 'Copyrights on APIs' Question While Proprietary Giants Continue to Harass Android/Linux in Every Way Conceivable

    Google takes its fight over API freedom to the Supreme Court in the Unites States and it also takes that longstanding patent harassment from the Microsoft- and Apple-backed troll (Rockstar) out of East Texas



  14. Patent Lawsuits Almost Halved After SCOTUS Ruling on 'Abstract' Software Patents

    The barrier for acceptance of software patent applications is raised in the United States and patent lawsuits, many of which involve software these days, are down very sharply, based on new figures from Lex Machina



  15. Links 13/10/2014: ChromeOS and EXT, Debian Resists Systemd Domination

    Links for the day



  16. Links 12/10/2014: Blackphone Tablet, Sony's Firefox OS Port

    Links for the day



  17. Links 9/10/2014: Free Software in Germany, Lenovo Tablets With Android

    Links for the day



  18. Links 8/10/2014: A Lot of Linux+AMD News, New ROSA Desktop Is Out

    Links for the day



  19. Lawyers' Propaganda About Software Patents and a New AstroTurf Entity Called Innovation Alliance

    Patent propaganda and deception from patent lawyers (among other parasites such as patent trolls) continues to flood the Web, intersecting with reports that prove them totally wrong



  20. How Microsoft Handles Disasters: Grace Hopper Conference Has Been Infiltrated by "Microsoft Disaster Response"

    Free/Open Source software (FOSS) must be a disaster to Microsoft's bottom line because Microsoft is sending "Microsoft Disaster Response" to infiltrate and disrupt a conference about women in FOSS



  21. Links 8/10/2014: Gummersbach Moves to GNU/Linux, Docker Acquires Koality, KDE Frameworks 5.3

    Links for the day



  22. Links 7/10/2014: CAINE 6.0, PC-BSD 10.0.3

    Links for the day



  23. Benoît Battistelli's Balkan Standards in EPO: Part V

    How the European Patent Office facilitated the inclusion of previously-connected elements that are best known for misconduct and dirty politics



  24. Symptoms of Post-x86 Era: Even Intel Apologists Turn Against Bribes-Dependent Intel While Microsoft Continues to Deceive Journalists on Patents in Order to Create a Scare

    The Wintel press, which is bribed by companies that it covers, is challenged by prominent developers and Microsoft continues to plant its patent propaganda in the Wintel-centric (and paid) press



  25. Microsoft Reinforces Its Criminal Organisation Status by Bribing and Corrupting More Officials, Even in Europe

    More criminal activity from Microsoft in Romania and a new TV programme that sheds light on Microsoft's dirty assault on Free software in France



  26. Links 6/10/2014: Linux 3.17, OpenELEC 4.2.1, FreeBSD 10.1 RC1, Debian 8.0 Beta 2 Released

    Links for the day



  27. Links 4/10/2014: WebOS is Back

    Links for the day



  28. Corporate Media Repeats Microsoft Propaganda About Patents by Claiming Microsoft Makes Billions From Android

    Microsoft is spreading the myth that Android is not free (and is in fact very expensive) while its staff and boosters continue to deceive the public in other ways



  29. Software Patents' Demise Includes Exceptional Defeat for Microsoft-Connected Trolls, But Bar Still Lowered for Patents

    The USPTO continues to lower the bar for patents' acceptance, but on the other hand, many software patents are increasingly being rejected at the courts



  30. The Capture Continues: Yet Another Microsoft Marketer Gets Hired by CBS for ZDNet 'Reporting'

    Unembarrassed about its sheer bias, the CBS network continues to offer propaganda and placements for a fee (even after Gamergate) and it hires people from the corrupt company (Microsoft) they will soon cover


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