Bonum Certa Men Certa

“Those Who Can, Do. Those Who Can't, Sue.” (Updated)

Steve BallmerSummary: Microsoft may have actually threatened to sue HTC in order to sign a patent deal covering Android for unnamed patents

"Those who can, do. Those who can't, sue," said Canonical's COO Matt Asay. Further he said: "This is the clearest indication of MS's irrelevance: it's now the hapless litigant" (whose products are being cancelled, Courier being the latest example).



He said pretty much the same thing about Apple when it sued HTC.

Florian wrote about Microsoft software patents in Europe, alluding to the bizarre new decision regarding FAT (at the core of the TomTom lawsuit).

Last week the Federal Court of Justice of Germany upheld a Microsoft patent related to the Windows file system named File Allocation Table (FAT). As H-Online mentioned in this context, European software patent critics dread the notion that rulings such as that one could elevate the status of software patents in Europe, where different national courts have different approaches to how to interpret the European Patent Convention and its exclusion of patents on "programs for computers [as such]".


So Microsoft has just gone after HTC. Some articles suggest that there was a settlement and therefore a possibility that Microsoft threatened to sue in order to sign a patent deal (like in Melco's case).

Some more thoughts about the HTC settlement have come from various influential GNU/Linux users, some of whom wait for software patents to be ultimately abolished.

I believe Bilski will be decided this year and software patents may be kicked into the garbage heap where they belong.


The other day we wrote about Klausner's latest round of patent trolling (against HTC). Here is another interesting perspective about what Apple and Microsoft did to HTC (and to Android by inference).

Microsoft claims that the Linux operating system infringes 235 Microsoft patents, and Android, which is Linux-based, violates Microsoft patents, too. Microsoft has convinced HTC to pay royalties for the alleged Microsoft technology in Google's operating system.

Why would HTC do that?

Well, Apple is suing HTC for violating 20 Apple patents covering a wide range of technologies. One theory is that with both Microsoft and Apple claiming patent infringement, HTC has to pick sides. It chose Microsoft because the company also makes a wide variety of devices that run Microsoft operating systems. Because it has an extensive relationship with Microsoft, and none with Apple, choosing to work with Microsoft solves its Apple problem. In court, apparently HTC will be able to say that it's already licensing the technology Apple claims as its own, but from Microsoft. That would imply that Apple's beef is really with Microsoft, not with HTC. Case closed!


Can anyone confirm that Microsoft pressured and intimidated HTC (with a lawsuit) in order to sign that latest extortion deal [1, 2, 3, 4, 5, 6, 7]? Microsoft tried to paint it as something signed in good faith, but it's beginning to seem doubtful.

Update: Florian wishes to correct that last reference by saying (via E-mail):

The "interesting perspective" you quote from the Datamation article on HTC is actually legally wrong. I've already contacted the author of that article and here's the information for you as well:

Every patent stands on its own. Every patent is a little monopoly. So if Apple has some patents that read on HTC's software, HTC can't defend itself in court by saying it has a license from Microsoft. That's legally impossible as a defense. Not only is it very likely that Apple's patents read on different features (touchscreen etc.) than Microsoft's patents (there may be some overlap but it's just impossible that two such large players would have 100% overlapping patent portfolios), but even if that unrealistic scenario of both patent portfolios covering the same functionality that HTC needs was the case, then that still wouldn't change anything about the monopoly rights connected to each single patent. If Apple has a patent on, say, selecting a menu on a touchscreen and Microsoft has one as well, and if there aren't differences in the details of the "methods taught", the fact that there are two patents on the same thing doesn't mean you get a license to one of them and don't need the other. Instead, it would have to be sorted out whether one of those patents is prior art based on which the other (newer) patent could be invalidated. Only in that case would it be sufficient to obtain only one patent license.


Recent Techrights' Posts

Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
 
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day
Slopwatch: LLM Sloppers in Google News, LinuxSecurity, and More
they also perpetuate some falsehoods as the LLMs lack any comprehension
Links 08/08/2025: China King of Plastics and US Dictator Plans to Meet Russian Dictator
Links for the day
Gemini Links 08/08/2025: Cracking a Family Member's Password and Overdose of Slop
Links for the day
Red Hat's Latest Talent Hunt, Day Ahead of Mass Layoffs, is Yet Another Microsoft Executive
Red Hat will apparently commence mass layoffs early this coming Monday
Links 08/08/2025: "Quit Facebook" and High Cost of Microsoft/Windows Shown Again ("BlackSuit")
Links for the day
Good Morning, Readers of The Register MS
Things The Register MS could (but does not) cover this morning
Why Gemini Protocol Has a Bright Future
Maybe Gemini Protocol's promise becomes more appealing as the Web turns to slop and bloat
It's a Lot Easier to Participate in the Unethical System Than to Oppose Injustices in It
Going after powerful and high-budget interests is never easy
Microsofters Filed Two SLAPPs Against Us, Now They Cannot Keep Up With Judges' Orders
For over 4 months already their facilitator in London has been under investigation by British authorities because of what's being done to my wife and I
Censorship Regarding Red Hat Layoffs
Talk about this? They'd rather not.
Struggling to Cut Costs, Microsoft Continues Shutting Down and Cancelling Stuff This Month
There are August layoffs at Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 07, 2025
IRC logs for Thursday, August 07, 2025
Fake 'Linux' Articles, Written by Bots to Take Traffic Away From Real Articles
LLM slop helps replace information with junk or misinformation
When Google's Googlebombing of "Gemini" Was Not Enough; They Now Also Googlebomb "Gemini Space"?
We know GAFAM not only worries about Gemini Protocol but also attempts to 'infiltrate' Geminispace
The Register MS Promotes Microsoft Slop, Assumes All Readers Use Microsoft Windows
Microsoft really dominates the site
Gemini Links 08/08/2025: KDE/Qt Development and What's Missing From "Retro"
Links for the day
Links 07/08/2025: US Punishes India Instead of Russia, Attacks Law Firms to Prevent Scrutiny
Links for the day
Read Us in Geminispace as Well
it's definitely a lot simpler than using a Web browser
Once a Site About BSD and GNU/Linux, and After Months of Silence, LinuxBSDos.com Comes Back Only as a Slopfarm
very frustrating
Links 07/08/2025: Hardware Wars, Mass Recall of Colgate Total Clean Mint, More Microsoft Holes Found
Links for the day
Gemini Links 07/08/2025: "Right To Manage" and LoRa Analysis
Links for the day
For the First Time in a Month OSI's "OpenSource.org" Blogs and It's Basically a Microsoft Blog Post (Microsoft Controls OSI)
For the first time in a month OSI writes something and it is Microsoft propaganda composed by a Microsoft-salaried operative
Microsoft, Already Borrowing 3 Billion Dollars a Month, is Trying to Cause Many People to Resign
MSN (i.e. Microsoft) and others openly admit it
GAFAM 'Says' is Front Page "News"
The point of journalism is to check and assess facts, not parrot what people and companies merely claim
Links 07/08/2025: Apple Makes False Promises, More Trouble for Microsoft
Links for the day
OSS Didn't Always Mean Open Source Software
"oligarchs all the way down"
The Register MS Does More Microsoft Sez or GitHub Sez (Says) Pieces
60 minutes ago
They Want Activists to Just Barely Walk and Eat, Not Do Activism Anymore
It's sort of like the ending of '1984'
Quit Perpetuating the Narrative of Gemini Protocol 'Dying' (It's False)
The "whisper campaign" against Gemini Protocol
Criticising Social Control Media in Social Control Media
Many people are quitting Social Control Media (fewer of them announce this in public)
Non-Free JavaScript Programs in Banks Aren't Even the Biggest Problem
Technology was supposed to make life easier; in practice, however, for most of us the opposite effect can be observed
Slopfarms Are Typically Fake News
Slopfarms typically relay falsehoods
Gemini Links 06/08/2025: Replacing a Pocket Watch and Buying in Bulk
Links for the day
IBM is Obliterating Fedora
"Fedora releases were shipping with an increasing number of bugs on launch day even while I was using it for a several year stretch."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 06, 2025
IRC logs for Wednesday, August 06, 2025