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. Microsoft Continues to Use Software Patents to Extort/Blackmail Even More Companies That Use Linux, Forcing/Coercing Them Into Preinstalling Microsoft

    Acer is the latest large OEM to have become a victim of Microsoft's witch-hunt against Android/Linux preloaders, whom Microsoft is coercing into becoming Microsoft's carriers (or face litigation over software patents, with high legal fees if not injunctions or high damages upon secret settlements)



  2. EPO Brain Drain (Even Directors Fed Up With Team Battistelli) and Rumours About Battistelli Becoming President of the UPC

    Words heard through the grapevine of the European Patent Office (EPO), where staff is overwhelmingly against the managers and some people, including high-profile staff, add to the exodus



  3. More Than 20 Years in the Line: European Patent Office and Claims of European Convention on Human Rights Infringement Against Applicants/Stakeholders

    Gross incompetence and potentially an infringement of the European Convention on Human Rights at the European Patent Office (EPO), this time impacting an applicant (one of many in a similar position)



  4. UPC Nepotism, Political Abuses, and UPC Involvement From the Legal Firm That EPO Hired to Bully Techrights

    The Unitary Patent Court (UPC), a rigged system that is being rammed down Europe's throat by the EPO, its big clients (even foreign), and their patent lawyers laid bear for people to see



  5. Member of European Parliament Brings Up “Ongoing Violations of the Fundamental and Employment Rights of the Staff of EPO”

    Question to the European Commission from Portuguese MEP Ana Gomes, as published in the site of the European Parliament



  6. La Oficina Europea de Patentes Pretende que No Pasa Nada y Prepara una Feria de Vanidad

    La estrategia de relaciones públicas de la OEP cuya destructiva estrategia de patentes continua sin disminución (por ahora), se engancha en Colombia y se esfuerza en manufacturar el mito donde el público, examinadores de patentes, y aplicantes de patentes todos estan muy felices con la OEP.



  7. La ‘Internacional’ Commisión de Comercio Impone/Reenfuerza Patentes de Software para Establecer Otro Embargo

    La Comisión Internacional (sic) de Comercio se esta entrometiendo en competición de nuevo permitiendo a un gigante de los Estados Unidos Ciso en este caso, a potencialmente bloquear rivales (no importaciones del extranjero) usando patentes de software.



  8. Links 9/2/2016: Linux in Robotics, Hyperledger Project

    Links for the day



  9. Besieged Benoît Battistelli Mimics 'Damage Control' Tactics of FIFA or Blatter as More Judges Start Getting Involved in EPO Scandals

    Rumours and a new rant from Battistelli reinforce suspicions that actions are being organised behind the scenes, possibly as part of an upcoming, high-level campaign to unseat/dethrone Battistelli, who has become a reputational disaster to the European Patent Office (EPO), much like Sepp Blatter at FIFA



  10. Several Political Parties Directly Challenge the European Patent Office for Ignoring the Law, Not Obeying Court Orders

    Politicians make it crystal clear that the EPO, despite its unique status, cannot just raise its nose at the rulings of courts of law, definitely not in Dutch territory where the EPO operates



  11. Even the Legal Community is Upset at Benoît Battistelli for the Damage He Did to the EPO

    A recent article from lawyers' media (in German) speaks of the great damage (or mess) left by its current president, who has become somewhat of a laughing stock and growingly synonymous with farcical trials even in the circles of stakeholders, not just his own staff



  12. EPO Union (SUEPO) Getting Busted: “More and More People are Joining the Union, but Fewer and Fewer People Dare to Take on Leading Positions There.”

    The union-busting actions taken by EPO management in collaboration with Control Risks (for weak accusations against staff representatives) and FTI Consulting (for 'damage control') as described in a recent article, in the words of SUEPO lawyer Liesbeth Zegveld



  13. Microsoft's Copyrights- and Patents-Based Attacks on GNU/Linux Carry on

    The SCO case is still going on and Microsoft has just signed a patent deal with GoPro over its FOSS-based software, relating to “certain file storage and other system technologies”



  14. The EPO's Benoît Battistelli is the Dictator Who Can No Longer Dictate Like He Used to

    The European Patent Office's mechanism of oversight is starting to work just a little because, based on a new report from Juve, Battistelli is now reluctant to make proposals that would prove unpopular among delegates



  15. La Más Detallada Explicación (hasta ahora) de ¿Qué esta mal con la OEP?

    La insistencia de la OEP que permanece arriba de la ley no sólo est bajo fuego en los medios pero también esta siendo desafiada basado en personas familiares con la aplicabilidad de la ley a organizaciones internacionales.



  16. Links 8/2/2016: Vista 10 Nags Help GNU/Linux, Nautilus Updated

    Links for the day



  17. The European Patent Office “is Acting as Though the Law Does Not Apply to It.”

    An article from Nieuwsuur which provides the words of Liesbeth Zegveld (for SUEPO) and Guillaume Minnoye (for the European Patent Office), reaffirming the EPO's bizarre notion that it is above the law, even in the face of human rights violations and a court ruling against the EPO



  18. Microsoft-Connected FRAND Lobbying (Software Patents Against Free/Open Source Software) in Brussels

    Anti-Free/Open Source software (FOSS) talking points and FRAND (anti-FOSS) lobbying groups in Brussels as seen by proponents of FRAND, who also worked for Microsoft



  19. Latest Propaganda From the EPO's Management an Effort to Make the EPO the Tool of Megacorporations

    A quick roundup of some of the latest spin and paid-for (bought) coverage that helps introduce a distorted patent system whose beneficiaries are not European (or even people)



  20. 'Aversion to Change' Propaganda From the EPO Echoes or Parrots Lenin and Stalin

    The out-of-control EPO management is trying to fool the media by blaming staff representatives for getting fired, simply because they stood up to a highly abusive and megalomaniacal dictator



  21. The Gates Foundation Subjected to Criticism, But Over a Decade Too Late

    Reckoning and accepting the fact that even some in the media now openly speak about Bill Gates' corrupting influence in everything, including politics



  22. Links 8/2/2016: Zenwalk 8.0 Beta 2, Q4OS 1.4.7

    Links for the day



  23. SIPO (China's Patent Office) Taken Over by Patent Maximalists

    A look at China's race to the bottom (decline in quality) when it comes to patents, assuming quite wrongly that quantity is more important than quality and severe penalties for perceived infringement will spur innovation



  24. The Alice Case Continues to Smash Software Patents (This Time OpenTV's); Will the EPO Ever Pay Attention?

    The potency or the grip of software patents in the United States is quickly eroding, but the EPO continues to act as though software patents are legitimate



  25. EPO Staff Responds to Team Battistelli's Expansion to Include French Economic Propagandist on the Payroll

    With strings attached (like string puppets of Battistelli in various units including the Investigative Unit), can the new Chief Economist, who is French and paid by Battistelli, ever be trusted?



  26. UPC: To Understand Who Would Benefit From It Just Look at Who's Promoting It (Like TPP)

    The UPC, which is designed to aid patent trolls and aggressors (and their lawyers), is still being advanced by the EPO and some misinformed (but loyal to these former groups) politicians



  27. Trolls Molestos: Rovi (del famoso Angry Birds) Ayuda al Más Largo Troll de Patentes de Microsoft Intellectual Ventures (Corregido)

    Alguna vez conocido como hacedor de juegos y más tarde como vigilancia en masa en jugadores, Rovi ahora se ESTA ALIANDO CON EL MÁS GRANDE TROLL DE PATENTES



  28. Estadísticas de Invalidación de Patentes y Costos de Litigación de Patentes (incluso si son falsas) Muestran que la Esfera de Patentes y los Estándares de Examinación son un Probleman, No Sólo en Los Estados Unidos

    Demasiadas falsas patentes que no deberían haber sido otorgadas en primer lugar y fraudulentes jucios de patentes que terminan en favor del acusado sirve para mostrar el costo externo (o externalidad) cuando set trata de un bajisímo sistema de patentes que se esfuerza en otorgar muchas patentes irrespectivamente de su mérito.



  29. The 'Offenses' of EPO Staff Representatives Boil Down to Truth-Telling

    Dutch television examined the documents of the mock 'trials' against SUEPO leaders and concluded that whistle-blowing (i.e. exposing abuses by EPO management), not misconduct, is the reason for overzealous dismissals



  30. Rumours About Dismissal of Benoît Battistelli and New Letter From Union Syndicale Federale Blasting Battistelli's Behaviour

    hings have been heating up since the dismissal of staff representatives at the European Patent Office (EPO) and some even spread rumours about withdrawal/dismissal of the EPO's President


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