Bonum Certa Men Certa

Apple's and Microsoft's New Motto: Do More Evil, Together

Steve Ballmer



Steve Jobs
Original photo by Matthew Yohe, modified by Techrights for humour



Summary: Apple and Microsoft share tactical moves in their fight against common enemies, notably Linux and disablers of software patents

Increasing amounts of analysis and interpretation, not just anecdotal evidence, may suggest a correlation between Apple's action against HTC/Android and Microsoft's action against HTC/Android. At the very least, Apple and Microsoft fight against the freedom of software and the low cost which hits proprietary software's business paradigms at their very core (no software acquisition costs, as opposed to costs associated with services and no revenue from patents on codecs for example).



Yesterday we wrote about Apple shutting down Lala shortly after acquiring it. We explained that it could have something to do with Apple's relationships inside the copyright cartel. Apple is also promoting software patents and working against Ogg Theora. Hugo Roy's open letter, which shows this rather clearly, has just received a lot of attention, starting with his blog post that reached Slashdot.

May I remind you that H.264 is not an open standard? This video codec is covered by patents, and “vendors and commercial users of products which make use of H.264/AVC are expected to pay patent licensing royalties for the patented technology” (ref). This is why Mozilla Firefox and Opera have not adopted this video codec for their HTML5 implementation, and decided to chose Theora as a sustainable and open alternative.

[...]

From: Steve Jobs To: Hugo Roy Subject: Re:Open letter to Steve Jobs: Thoughts on Flash Date 30/04/2010 15:21:17

All video codecs are covered by patents. A patent pool is being assembled to go after Theora and other “open source” codecs now. Unfortunately, just because something is open source, it doesn’t mean or guarantee that it doesn’t infringe on others patents. An open standard is different from being royalty free or open source.

Sent from my iPad
Since it was an open letter, I think I have the right to publish his answer.


Xiph already has a response about Apple: "It would only strengthen the pushback against software patents and add to Apple's increasing PR mess."

To quote more fully:

Here is Montgomery’s response:
Thomson Multimedia made their first veiled patent threats against Vorbis almost ten years ago. MPEG-LA has been rumbling for the past few years. Maybe this time it will actually come to something, but it hasn’t yet. I’ll get worried when the lawyers advise me to; i.e., not yet.

The MPEG-LA has insinuated for some time that it is impossible to build any video codec without infringing on at least some of their patents. That is, they assert they have a monopoly on all digital video compression technology, period, and it is illegal to even attempt to compete with them. Of course, they’ve been careful not to say quite exactly that.

If Jobs’s email is genuine, this is a powerful public gaffe (‘All video codecs are covered by patents.’) He’d be confirming MPEG’s assertion in plain language anyone can understand. It would only strengthen the pushback against software patents and add to Apple’s increasing PR mess. Macbooks and iPads may be pretty sweet, but creative individuals don’t really like to give their business to jackbooted thugs.


The FFII's president says that "MPEGLA will go after Theora, Apple and Microsoft, along with a host of tech companies, are also members of MPEGLA" (MPEG-LA's CEO Larry Horn is a patent troll who extorts 'on the side').

Here is some of the press coverage about the implicit threat from Steve Jobs:

● Steve Jobs: mystery patent pool to attack Ogg Theora

● Patent Pool to Thwart Open Source Codecs

● Apple May Be Gunning for Open Source Codecs

● Patent challenge looming for open-source codecs?

If authentic, a new e-mail from Steve Jobs indicates that Apple and Microsoft--of all bedfellows--could be preparing to challenge the validity of open-source video codecs.

Jobs' e-mail to Hugo Roy of the Free Software Foundation Europe, coupled with a similarly worded announcement from Microsoft on Friday, is a shot across the bow of backers of the open-source Ogg Theora video codec, used by Mozilla to bring HTML5 video technology to Firefox. Both Apple and Microsoft plan to use the h.264 codec in their HTML5 strategy, which is governed by a licensing body called MPEG LA. Apple and Microsoft, along with a host of tech companies, are also members of that group.


On a separate note, Apple's (or Steve Jobs') hypocrisy which we mentioned the other day is being exposed and criticised in Ars Technica which writes:

Pot, meet kettle: a response to Steve Jobs' letter on Flash



[...]

Part of the reason why Flash and iPhone OS are proprietary is that Adobe and Apple agreed to the terms of the H.264 patent license. H.264, despite Jobs's claim, is not a free standard—patents necessary to implement it are held by a group that requires all users to agree to a license with restrictive terms. Those terms have previously even been unavailable for examination online. We are publishing them on fsf.org today in order to comment on their unethical restrictions. The fact that H.264 is a commonly used standard does not make it a free standard—the terms of its use are what matter, and they require all licensed software to include the following notice:
THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (I) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (II) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM
You'll find similar language in the license agreements of Final Cut Studio, Google Chrome, Mac OS X, and Windows 7.


A Red Hat-run Web site covered this conundrum and so did another which went with the headline: "Meet the Hypocrites: Steve Jobs"

That led to the following paragraph:
Adobe’s Flash products are 100% proprietary. They are only available from Adobe, and Adobe has sole authority as to their future enhancement, pricing, etc. While Adobe’s Flash products are widely available, this does not mean they are open, since they are controlled entirely by Adobe and available only from Adobe. By almost any definition, Flash is a closed system.
Notice anything curious about that paragraph? It's a perfect description of Apple's own business practices! Just replace "Adobe" and "Flash" with "Apple" and "iPhone", "iPad", "iPod/iTunes", or "Mac" and you get a nicely worded four sentence critique of Jobs' own company. Seriously... How can Jobs talk about openness when his notoriously secretive company is not only hypocritically on the warpath against Adobe, but recently goaded police into initiating a criminal investigation over the disappearance of Apple's fourth generation iPhone prototype, which was lost by one of Jobs' own employees!?


For some background about this, see [1, 2, 3, 4, 5, 6, 7, 8]. Apple has spin on the sin.

Adobe is already drifting towards Linux by "giving employees Android phones with Flash," according to Apple Insider.

Following Apple CEO Steve Jobs' public attack on Flash this week, Adobe is now reportedly planning to give its employees Android phones running Flash.

Three sources familiar with Adobe's plans told CNet that Adobe plans to give its employees mobile phones powered by Google's Android mobile operating system, and running a new mobile version of Flash created for the platform. Adobe reportedly has not yet decided which Android phone it will give its employees, though "various HTC phones and the Nexus One" were specifically mentioned.


A reader of ours wrote just to say that "Adobe responds to Apple on Flash" and that it "Just goes to show what happens when you do business with a closed source company." From the BBC he quotes a report which says that "Adobe confirms plans to move away from Apple" and in it Adobe CEO Shantanu Narayen is quoted as saying that "when you resort to licensing language" to restrict development, it has "nothing to do with technology".

“Our view of the world is multi-platform.”
      --Adobe CEO Shantanu Narayen
Further it says: "He said it was now "cumbersome" for developers who were forced to have "two workflows".

"Mr Narayen said the problems highlighted by Mr Jobs were "a smokescreen".

"He added that if Flash crashed Apple products it was something "to do with the Apple operating system".

"He said he found it "amusing" that Mr Jobs thought that Flash was a closed platform.

""We have different views of the world," Mr Narayan told the Wall Street Journal. "Our view of the world is multi-platform.""

Our reader also made us aware that "Microsoft's Internet Explorer 9 shuns open video", which shows quite clearly that Microsoft's 'embrace' of HTML5 was an embrace, extend, and extinguish move (who didn't see that coming?). Microsoft may have embraced <video> only to ensure that Theora is not supported in it. For shame, Microsoft. Apple does the same thing and it's not surprising. Here is Microsoft's spin in Slashdot and the original post that says:

H.264 is an industry standard, with broad and strong hardware support.


Define "industry standard". What about software patents?

Our reader has insisted that Microsoft merely embraces "open 'standards' [with scare quote]" and that "Microsoft [is] yet again playing the 'open standards' shuffle." He argues that Microsoft is more or less saying: "You can use our open codecs but only on our closed proprietary system, and as long as you pay us our royalties."

"Microsoft [is] yet again playing the 'open standards' shuffle."
      --Anonymous reader
Apple and Microsoft are very much together in this. To them, Free software is a common enemy which is very strong and at the very least forces Microsoft and Apple to keep their prices down.

Here is a new article titled "In Mobile Video Standards Fight, Consumers Are Poised to Lose" and signs that Korea finally learns its lessons from ActiveX [1, 2] and moves further away from Internet Explorer, which does not support Theora, either. From Mozilla we learn:

For those of you who have followed my blog, you know that it has been 3 years since I first reported on the fact that Korea does not use SSL for secure transactions over the Interent but instead a PKI mechanism that limits users to the Windows OS and Internet Explorer as a browser. Nothing fundamentally has changed but there are new pressures on the status quo that may break open South Korean for competition in the browser market in the future.

[...]

Dr. Keechang Kim of Korea University has been working tirelessly for many years to try to change the status quo in Korea around browsers and the reliance on a PKI mechanism that is tied to one platform. With concern being raised by different parts of the Korean government, including the Korean Communications Commission as well as the Office of the President of Korea, Keechang has gathered a very interesting panel of presentations for April 29th in Seoul. The panelists will be addressing the (Korean) Financial Supervisory Service (FSS) which is the regulatory body in Korea that is currently mandating the PKI mechanism that is in place today (which requires Active-X, etc.) Unless the FSS relaxes or changes their regulations, Korean banks cannot offer other mechanisms for Korean users to bank online, etc. In short, unless the FSS changes their stance, nothing will change in Korea.

[...]

Thank you to Keechang and everyone in the OpenWeb.or.kr community for your tireless efforts to try to break open the Korean market. Thank you also to Channy Yun who has put aside his own schedule in order to participate and guide Lucas in Seoul. There is still a long road to walk to an open, competitive market in S. Korea for browsers, but I am starting to see the light at the end of the tunnel.


Speaking of security, Netcraft writes about security issues and points out that "Windows users are vulnerable to flaw in Java Web Start". Korea ought to change its preferred platform too.

One might argue that Apple's big sin here is that it's greedy and that the same applies to Microsoft. But in fact, both companies misbehave in ways that go beyond this. "Boycott Apple," says a new headline from LinuxToday's editor, stating the case against Apple for its abuse of bloggers.

This is an abuse of police powers, an exercise in intimidation. The message is clear: annoy Apple, and Apple will crush you like a bug. A more appropriate response would have been dueling lawyers firing subpoenas at each other and racking up the appropriate number of billable hours. The most appropriate response would have been "Oops, we goofed, we let one of our trade secrets out, we need to be more careful."

Trade secrets are exposed all the time. Execs lose things. Employees blab. Some journalists feel it is beneath their dignity to take advantage of such lapses. But it is not our job to protect their trade secrets, and especially not in this era of intellectual property madness where the balance of power is tipped heavily into the hands of big business, and every last little thing that displeases the corporate overlords is criminalized.

[...]

At best, in my un-legal but common-sense opinion, this is a minor civil matter, and surely not a criminal case that warrants a door-busting raid and possible felony charges. Both Mr. Hogan and Mr. Chen face possible felony charges, which is utterly insane.


Attacking messengers seems to be Apple's unofficial way out of it after it bullied Gizmodo and received bad press (context below). ⬆

Recent Techrights' Posts

Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Slop-Posting is a New Form of S---posting
We recently caught several more "linux" sites (with "linux" in their domain name) turning to slop
 
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026
Gemini Links 30/09/2026: Fish Leather, Slop Formation, and ROOPHLOCH
Links for the day
In a Lot of Europe (or EU) Android (With Linux) is Bigger Than Windows
For example in Greece
EPO Cocainegate: Lots of Money (Over a Million Euros) for Cocaine Addicts, Not for Children With Special Needs
Next month we'll bring out some more Campinos scandals
High Court victory: Nigel Farage is 'the Company's own candidate'
Reprinted with permission from Daniel Pocock
It Took GNOME's Code of Conduct Committee (CoCC) Over 8 Months to Realise CoC Reports Went Into /dev/null/
It would be ironic if the blunder's culprits were punished for it, would it not?
Links 30/09/2026: Microsoft "OpenAI Ignored Employees’ Warnings About Safely" and "Pentagon Personnel Agency Data Breach Impacts 3 Million People"
Links for the day
The Register MS "Events" As Paid Spam That Promotes and Keeps Afloat Hype About Slop
This dreary sort of media reads like a soup of words, i.e. like the thing it is advertising
Digital Independence in the UK and in Western Europe
We have the technical capacity and skilled personnel to achieve this
IBM's Anderon as a Mass Layoffs Ritual With a Bailout (From US Taxpayers to IBM) and Other Perks
Like those empty promises in the first term of the Cheeto dictator
Gemini Links 30/09/2026: David Bowie, Web Rendering Proxy, Ink and Letters, Gemlog Nostalgia
Links for the day
EPO Annual General Meeting (AGM) Will Speak of Financial State of the EPO's Union
Their work is needed because the EPO breaks the law
Rust Causes Upgrade Issues in Ubuntu
They could just keep GNU coreutils in place (nothing was broken about it) and avoid Microsoft's back doors and TPMs
Losses From Slop Are "Investment", Hundreds of Billions in Debt Are "Growth Opportunity", Layoffs Are "Great to See", and Loss of Business Means "We Need a Slowdown" (for "Safety")
Microsoft is removing staff, as investment is apparently the act of shrtinking
Brigading Against Women - Part XII - Toxic Masculinity, Hunting Women, Will Code for Sex
Who says things like these?
The Microsoft Lunduke Slop Problem
Microsoft Lunduke does not support Software Freedom; he serves to discredit many ideas championed by Free software or ideals articulated which are apolitical for the most part
Links 30/09/2026: "Understanding the LLM Bubble" and "Florida Senate Threatened Legal Action Against Newspapers"
Links for the day
It Looks Like Mass Layoffs at "Nordcloud, an IBM Company" Today (a Day Ahead of Red Hat)
Expect the same from Red Hat next
British Prime Minister Recognises Social Control Media as National Cohesion Problem
one has to wonder if addiction to social control media is not compatible with peace
The Future Isn't Social Control Media (Nothing Will be Left of It, Not Even Archives)
"Error code: 502 Bad Gateway"
GNU/Linux Usage in China is Increasing
China is leaving Microsoft and Windows behind
43 Years of GNU and GAFAM's (Especially Microsoft's) Attacks On It
GNU is very widely used (when people say "Linux commands" they typically mean "GNU programs"), hence it's being attacked a lot
CDMAG Covers Free Software, New Magazine From Decent People
If enough people accessed their site, they would not rely on social control media (third parties, censorship platforms)
Brigading Against Women - Part XI - An Abject Lack of Social Skills (and Not Knowing How to Handle Women)
GGG enjoy - if that's the right term - very bizarre or esoteric sex life
Gemini Links 30/09/2026: Accelerationism, "The Billionaire is Wrong", Rant About LLM-generated Support E-mails
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 29, 2026
IRC logs for Tuesday, September 29, 2026
Black Brit on "Pictures Comparing Me to a Monkey" Because of Brett Wilson LLP Client
"Like Firm, Like Clients..."
President of the EPO Should be Kicked Out, Not Have His Term Terminated in 2028
The President is facing more scandals soon
David Gordon at The Register MS Keeps Feeding the Pyramid Scheme With Fake Articles That Say "AI" Dozens of Times
How can such a publisher still be taken seriously?
The Local Staff Committee The Hague (LSCTH) at the EPO Explains the Working Conditions and Crisis of Plunder (Less for Workers, a Lot More for Dictators Who Refuse to Leave Leadership Roles)
Next week will be epic
EPO Will Stop Working for 10 Days to Protest Against 'Cocaine King' and His Assault on Democracy, Lawfulness, Transfer of Power at EPO
Strikes, work stoppage, all rolled onto one
IBM Brings Avalanche to Red Hat October 1st 2026 (Thursday)
IBM is turning up the heat on staff
Links 29/09/2026: Mass Layoffs at Microsoft and Backlash Over Data Center Policy of Microsoft
Links for the day
Techrights is International
There are many sites that focus on local communities or nations. We're not one of those sites.
5 Years Ago (September 29, 2021) Richard Stallman's Talk in Ukraine Noted
Let's hope the war will end soon
Links 29/09/2026: Acceleration, Morale, and ROOPHLOCH 2026
Links for the day
Links 29/09/2026: "Scam Altman Is Driving Drunk" and Anthropic Lies About Slop Usage
Links for the day
Brigading Against Women - Part X - When Actions of American Men Are Not Judged by Other American Men
"There is not the slightest suggestion that either Dr or Mrs Schestowitz did anything to invite or deserve it. They are both clearly and justifiably angered, dismayed, distressed and hurt by it."
European Patent Office (EPO) Series: A Source of Pride for Portugal?
In this part our focus returns to the main theme of this series, namely the current reappointment campaign of the EPO President, as we consider whether Campinos can still expect to enjoy the same level of support from the Portuguese political establishment as he did during the earlier stages of his career
Computers Freeze Because of UEFI Restricted Boot
damage is also done to computers running Windows
It is Very Expensive to Slow Down Techrights
Garrett's expensive hearing (costing the British taxpayers about 120,000 pounds; he doesn't live here and does not pay tax here) slowed us down for a few days, but we've picked up the pace since
Linux Has Conquered Mobile, But Desktops and Laptops Matter More
When people say the desktop "doesn't matter" they seem to be missing the point that workplaces use desktops (or laptops) and a lot of the work gets done not on skinnerboxes but "workstations" or terminals
Brigading Against Women - Part IX - "What Are You, a Racist?"
Because behind every strong man is a strong opinion?
Gemini Links 29/09/2026: "Digital Sabbath", Starting a GemCapsule, and Sterrenkijker 1.1.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 28, 2026
IRC logs for Monday, September 28, 2026