Bonum Certa Men Certa

Behind the Microsoft Puppetmaster: SCO-Type Libel, Acacia-Type Patent Trolls, and Novell-Type Patent Deals to Make GNU/Linux Not Free (Gratis)

Donkey Kong



Summary: Microsoft has been trying anything from copyright libel to patent trolls to actually suing companies like TomTom (after using extortion), so what are the implications?

THREE years ago we wrote about Microsoft's 3 (or more) "Generations of Anti-Linux Lawsuits, by Proxy". It is neither news nor rumour that Microsoft is sending companies to fight its battles against competitors, GNU/Linux included. One which we cannot be sure Microsoft was involved in is the Acacia lawsuit which ended some days ago (here is Red Hat's own version/copy of the press release). Just like in the case of SCO, this whole mess took years to end and the GNU/Linux system was found not guilty (the software patent in question is junk). The damage done is one of reputation (FUD) and lawyers/litigation fees, which would be beneficial to Microsoft either way (no matter of the outcome of these lawsuits). Slashdot wrote about the subject and so did Groklaw, which added a reference to SCO:



Say, that's what SCO wanted, and Microsoft. Everyone wants to use IP bogo lawsuits to get money from Linux, it seems.


Paula Rooney also mentioned SCO in her coverage of the Acacia case:

Now that the SCO and IP Innovation cases are disposed of, it anyone else want to take on Linux?


SCO and Acacia are both sharing some connections with Microsoft.

TechDirt wrote about the SCO case which never seems to end. There is also yet another cartoon about it [1, 2] as coverage carries on.

Well, this is fascinating. Here's an order from Judge Ted Stewart in a dispute between Novell and its insurer, Vigilant Insurance Company. Novell tried to get them to pay for the SCO v. Novell litigation back in 2004 and they refused, so Novell sued last May. They were seeking to have at least some of their expense to defend from SCO's attacks covered by the insurer, but Judge Stewart just ruled on summary judgment [PDF] that slander of title isn't included in the policy and SCO's initial complaint was for slander of title only, so Vigilant doesn't have to pay.

[...]

You know what is sort of odd? This order was signed on April 27. The jury in SCO v. Novell ruled that SCO doesn't own the copyrights in dispute on March 30, 2010. Yet Judge Stewart never mentions that.


Pogson wrote about "Trying to Tax GNU/Linux," noting that:

There are the doers and the slugs. Slug are living things and need to survive but they do slimy stuff to eat what others produce. In the world of IT there are all kinds of slugs trying to tax the doers of GNU/Linux:

* M$ shaking down manufacturers for “royalties” * other more obvious patent trolls sued RedHat and Novell and Lost * SCO tried to claim copyright that software they did not own was copied in GNU/Linux


Microsoft has already initiated or at least supported lawsuits against Linux. What does that say about Microsoft's relationship with Free/open source software? As we found out a few days ago, Microsoft was apparently going to sue HTC before HTC decided to cough out some 'protection' money. HTC is coming up with the Android-based "Incredible" quite soon and it's just as incredible as the name suggests. Why should Microsoft make money from it given that it contributed not a single line of code to it? Welcome to the bizarre world of software patents and racketeering [1, 2, 3, 4, 5, 6, 7] as a profitable business model that does not put you in jail, assuming you have the right connections in the government.

Here is a look at the HTC Incredible:

“The Droid Incredible by HTC is an absolutely amazing device,” says PC Magazine, giving the phone its Editors’ Choice award and a 4.5 star rating. “The most powerful phone on the U.S. market today, it reflects and enhances the state of the art smartphone...It's one of our highest-rated phones in the past year.”


The HTC Legend finally allows rooting, which makes one wonder if HTC can just sell its phones without an operating system (and without Microsoft extortion tax) to install an operating system of one's own choice.

The HTC Legend, probably one of the best Android devices ever, has finally been rooted, which means you can now access the smartphone’s file system.


Here is what SJVN wrote about Microsoft's extortion:

For years, Microsoft has made patent threats against Linux. Mind you, Microsoft has never proven, or even attempted to prove, any of these claims. But that hasn't stopped Microsoft from using the threat of Linux patent lawsuit to force companies like Amazon into paying them off. Now, Microsoft has upped the ante. Microsoft has muscled mobile phone maker HTC into paying Microsoft off for patents that may apply to its Google Android-powered phones. In short, without actually proving that Linux is violating Microsoft's patents, the Redmond giant is 'taxing' companies for using Linux.


The 'Microsoft press' chose the headline "Microsoft Attacks Android in HTC Patent Deal" (strong wording) and Samsung expects to sell half of its phones with Microsoft's extortion tax included in the cost (please do not buy Samsung or HTC phones by the way).

There is another sign today that Android continues to pick up steam in the smartphone industry. Reuters is reporting that Samsung plans to put Android on 50% of it's smartphones in 2010, and possibly more beyond this year.


The HTC situation is also covered here, along with a new example of the patent system going awry.

Texas-based DDB Technologies, an intellectual property-holding company, has sued a host of US sporting leagues and companies which it alleges copied its live simulation, play-by-play text, graphics, animation and other patented interactive media-based technologies.

Just last week it filed a lawsuit against the National Basketball Association (NBA) and has also brought cases against ESPN, the NFL and Yahoo. The company recently settled a case against Major League Baseball, with the defendants, as part of the settlement, agreeing to buy a patent and entering into a licensing agreement with another.


It has been a while since we last covered Novell's OpenBallnux, but here is a weekly summary of news and a new video titled "Working With Suse Studio".

[an error occurred while processing this directive]



Finally, as a quick reminder, we urge readers to avoid products from HTC, LG, Samsung, Novell, and other companies that pay Microsoft for Linux. Only by refusing to buy from them will they (and Microsoft) get the message that extortion is not an acceptable business model and that software patents need to be shunned.

Recent Techrights' Posts

Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
 
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails
The Real Threats to Society Include Software Patents and the Corporations That Promote Them
The OIN issue isn't a new one and many recognise this by now
Links 30/04/2024: OpenBSD and Enterprise Cloaking Device
Links for the day
Microsoft Still Owes Over 100 Billion Dollars and It Cannot be Paid Back Using 'Goodwill'
Meanwhile, Microsoft's cash at hand (in the bank) nearly halved in the past year.
[Teaser] Ubuntu Cover-up After Death
Attack the messenger
The Cyber Show Explains What CCTV is About
CCTV does not typically resolve crime
[Video] Ignore Buzzwords and Pay Attention to Attacks on Software Developers
AI in the Machine Learning sense is nothing new
Outline of Themes to Cover in the Coming Weeks
We're accelerating coverage and increasing focus on suppressed topics
[Video] Not Everyone Claiming to Protect the Vulnerable is Being Honest
"Diversity" bursaries aren't always what they seem to be
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market