EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

05.25.10

Microsoft Attacks Linux Competition Using Lawsuits and Threats (With Software Patents), Pays Acacia/IP Innovation After Anti-Linux Lawsuit

Posted in Courtroom, Deception, Free/Libre Software, GNU/Linux, Google, Microsoft, Patents, SCO at 7:42 am by Dr. Roy Schestowitz

“Microsoft retaliated against industry participants that supported DR-DOS. For example, when Z-Nix Inc. bundled DR-DOS 6.0 and Microsoft Windows 3.1, proclaiming no incompatibilities, Microsoft’s Brad Silverberg wrote: “look what znix is doing! cut those fuckers off.” Within three weeks, Microsoft demanded an audit of Z-Nix’s entire business and then commenced a copyright and trademark infringement action. Z-Nix was forced to file for bankruptcy in or around 1995″

Comes Petition [PDF]

Summary: “Microsoft is back to its old tactics,” claims Forbes Magazine as Microsoft not only sues Linux-using companies but also pays other companies that do so

MICROSOFT NEVER REALLY changed. Since its early days it has been threatening rivals and attacking them with lawsuits if they didn’t behave as Microsoft pleased. It still goes on today because Microsoft is in a litigious mood. Gone are the days of pretense.

Redefining “Open Source”

Microsoft says that it has embraced “Open Source”, but as the OSI put it this week, “To Microsoft, Open Source means ‘Windows Encumbered’”

One of the most interesting things to happen in the past couple of years, is Microsoft’s embrace of Open Source. This means different things to various people I’ve spoken with at Microsoft. Some seem genuinely sincere. Some seem less so. What hasn’t changed is Microsoft’s behavior to the Open Source community at large.

* They have not retracted their patent FUD against Linux.
* They (a founding member of the BSA) did not speak out against the BSA/IIPA’s attempt to have the US government equate Open Source with piracy and as anti-capitalist.
* They continue to attack, with legal action or threats, any open source that competes with any of their core products.
* They continue to hijack standards boards with “standards” that are encumbered by patent or platform constraints.

Microsoft’s version of Open Source Software (MSOSS) means software licensed under an Open Source License which is encumbered with a dependency on SharePoint, Microsoft Office, Microsoft SQL Server or Microsoft Windows (Azure or classic). This underscores something critical that we have all learned over the past few years while on our journey towards freer technology. That is that Open Source licenses are NOT enough to ensure (corporate or consumer) end-user empowerment. We also need Open Standards and Open Data.

Last week we wrote about Europe’s Digital Agenda, which got subverted by Microsoft lobbyists so as to accommodate software patents [1, 2].

Microsoft has been using R&D Magazine to push its agenda and it is doing it again, as it has been been doing for a long time now. Here is Microsoft expressing its acceptance of the Digital Agenda, which it shaped using lobbyists who pretend to represent other interests. That’s just appalling.

Microsoft welcomes the “Digital Agenda for Europe,” announced earlier this week by European Commission Vice-President for the Digital Agenda Neelie Kroes, as a bold roadmap for action. We share the Commission’s view that technology is an enabler for economic growth, job creation, sustainability and social inclusion. As a company, we are fully committed to working with the European Commission and governments to realize the potential of Europe’s digital future.

As we pointed out before, the Digital Agenda had been broken and it still needs to be fixed. It’s not too late.

Microsoft equates software patents with “openness”. How convenient.

Legal Attacks

Last month we showed how Microsoft was attacking the Linux-based Android (HTC being the latest example to have surrendered) and here we see yet again how Microsoft is distorting terms, mixing legal intimidation with “openness”. It’s like claiming to do someone a favour by shooting him/her. “We need to smile at Novell while we pull the trigger,” Microsoft’s Vice President Jim Allchin famously said.

(Update, 2:25 p.m. A Microsoft publicist provided a link to a March blog post by company vice president and deputy general counsel Horacio Gutierrez that essentially says that Apple’s suit is for everybody’s own good: “The smartphone market is still in a nascent state; much innovation still lies ahead in this field. In all nascent technology markets, there is a period early where IP rights will be sorted out.” Later on in the post, Gutierrez opines that “Open innovation is only possible through the licensing of third party IP rights,” which makes me wonder what he thinks of the open, innovative and patent-free World Wide Web.)

“Microsoft Deal With HTC Could Slow Android’s Adoption,” says this article. That’s just what Microsoft wanted because Linux/Android is technically superior and sells better.

Here is Steve Ballmer quoted as saying that “there’s nothing free about Android”:

When asked about Android giving away Android for free versus Microsoft, which charges smart phone carriers, Ballmer took issue with that assessment, stating, “And there’s nothing free about Android. I mean at the end of the day as we certainly have asserted in a number of cases you know there’s an intellectual property royalty due on that. Whether they happen to charge for their software or not is their business decision.”

One reader of ours says that Microsoft is trying to sell two messages here: 1) Android is fragmenting; 2) Android is violating our patents.

The former message is being pushed by Microsoft evangelist Michael Gartenberg [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11], who keeps saying he is no longer an employee of Microsoft, which makes it easier for him to trash Microsoft’s competitors with little suspicion being raised (no disclosure, ever).

“First,” said our reader about Microsoft’s FUD, “it’s nobody is using it, then when the market base increases, it’s fragmenting.”

Here is Pogson responding to Gartenberg’s former boss, Steve Ballmer.

Android Is Free, Steve

In an interview with Fortune Magazine, Steve Ballmer stated “There’s nothing free about Android.” Wrong, Steve. Android is Free:

* anyone can run the software,
* anyone can examine the source code,
* anyone can modify the source code, and
* anyone can distribute the code unmodified or modified under the same licence that comes with the code.

It is probably safe to say that Microsoft is grasping at straws, but its litigation tactics might as well land some of its executives in jail (SCO comes to mind). Is Microsoft really a friend of “Open Source”? Who are they kidding? It’s all PR.

Then there is the Salesforce lawsuit [1, 2]. Microsoft claims that its software patents are “crown jewel[s]” — whatever that actually means when it comes to monopolies, but even pro-Microsoft sites are disappointed by Microsoft’s behaviour.

A few months back, my Foolish colleague Rick Munarriz regaled you with the tale of how Microsoft bullied Amazon.com (Nasdaq: AMZN) into a cross-licensing agreement, presumably because the e-tailer trampled upon its IP rights in the course of using Linux to service its Kindle. Mr. Softie has made similar accusations, to good effect, against everyone from Hewlett-Packard (NYSE: HPQ) to Apple to Novell (Nasdaq: NOVL), receiving similar deals in each case.

Forbes Magazine summarised it as follows:

With its new patent lawsuit against Salesforce.com, Microsoft is back to its old tactics.

Another take says:

Instead of suing, why not just build better products? When customers use CRM they are looking to build an edge on their competition by improving relations. Microsoft should improve relations with all the time and money they spend suing their partners.

Microsoft also failed in advertising over the Web. No wonder it’s so fearful and jealous of companies like Google and Salesforce.

Three years after Microsoft agreed to buy Seattle-based digital advertising company aQuantive, the Redmond company’s ad revenues have barely budged, its online losses have soared, many of aQuantive’s top executives have left, and one of aQuantive’s biggest units has been sold.

It’s not the outcome once envisioned from the $6 billion acquisition, which remains the largest in Microsoft’s history.

We wrote about this last week as well.

History Rewritten by Recipient of Vista 7 Laptop

Here is Microsoft's friend Harry McCracken rewriting the past by saying “That history has surprisingly few examples of sustained competition between two giants, in part because one of the giants was so often Microsoft, who — back in the day — played hardball more ruthlessly than anyone, and usually against companies who made some truly boneheaded strategic missteps.”

“Boneheaded strategic missteps,” eh?

Why talk about Microsoft’s crimes that it was found guilty for? It’s so much easier to just blame others and pretend Microsoft was an innocent bystander. Comes vs Microsoft exhibits leave not a shadow of a doubt. McCracken also pretends it’s just part of the past and conveniently ignores Microsoft’s racketeering [1, 2, 3, 4, 5, 6, 7].

But on goes the PR campaign…

Microsoft also uses the “Open API” deception which their partner O’Reilly helps perpetuate.

Other Legal Cases

The firm called McKool Smith causes Microsoft quite a bit of agony. It’s one of those leeches in a system so flooded with patent litigation. Here it is bragging about its actions against Microsoft.

In naming McKool Smith as the top patent litigation firm in the southern U.S., the editors of MIP said the firm had “distinguished itself litigating patent infringement cases for companies like i4i and VirnetX Holdings. It has scored a number of wins against Microsoft, totaling nearly $400 million.”

Here is the latest article we found about the i4i case.

Microsoft is fighting a hard battle, but it is clear the courts and USPTO agree i4i’s patent for the XML feature is valid and Microsoft willingly infringed the patent. Microsoft apparently sees value in the XML feature and therefore should do one of three things:

1. create a work around and not use the XML feature

2. buy i4i outright

3. develop a partnership with i4i and pay them licensing fees for the technology.

There is also this update about the Microsoft vs. Alcatel-Lucent situation [1, 2, 3]:

Title: Microsoft v. Lucent Technologies
Docket: 09-1006
Issues: (1) Whether a jury verdict of patent infringement can stand when it is supported only by speculative evidence and lawyer argument, or whether the standards for entry of judgment as a matter of law that apply in all other federal cases should apply equally in patent cases; and (2) whether a new trial is required in a patent infringement case, as in all other cases, when the verdict is found to be contrary to the weight of the evidence.

* Opinion below (Federal Circuit)
* Petition for certiorari
* Brief in opposition
* Petitioner’s reply

Here is the latest from Acacia, which we all along suspected to have been paid by Microsoft:

Acacia Subsidiary Enters into License Agreement with Microsoft Corporation

Acacia Research Corporation announced today that its subsidiary, IP Innovation, LLC, has entered into a license agreement with Microsoft Corporation covering patents that apply to technology for enhancing image resolution. The agreement resolves a lawsuit that was pending in the United States District Court for the Northern District of Illinois.

This also appeared here. Essentially, Microsoft is paying Acacia some money and Groklaw has an opinion on it, namely: “IP Innovation is the same entity that just lost when it sued Red Hat and Novell over alleged patent infringement. Coincidence, I’m sure, that without even having to actually go through any litigation to the end, they get a Microsoft payoff. Maybe Microsoft realized they were guilty of patent infringement. Who knows? But it does smell just a little funny to me. I mean, not saying this is what happened, but what if? Let’s just imagine for a moment. Let’s say you wanted to sue Linux over and over and just run a Linux company into the ground, as Michael Anderer said Microsoft wanted to have happen. If you recall, Microsoft announced in 2003 that Linux would face years of litigation. But then BayStar and Anderer let it slip that Microsoft folks had inspired investors to help SCO in its battle against Linux. So imagine you are Microsoft. How do you funnel money to the folks who are to sue Linux next after that, especially now that SCO has lost ignominiously and is bankrupt?

“Let’s say you wanted to sue Linux over and over and just run a Linux company into the ground, as Michael Anderer said Microsoft wanted to have happen.”
      –Groklaw
“Here’s how my imagination works, when I put my evil-think hat on: why couldn’t you have an entity like IP Innovation sue Linux vendors *and* Microsoft, and if they win, they get money from the Linux vendor, and if they lose, Microsoft agrees to settle? Would that not be slick? Again, I’m not applying this imaginary strategy to anything in real life, but if I were a defense lawyer dealing with a patent infringement case brought by anyone against Linux, I’d surely look for that in discovery. Just saying. — Update: I can’t find any litigation against Microsoft by IP Innovation on PACER or on Google. I see others by other subsidiaries of Acacia, but none listed or even announced by IP Innovation. Perhaps someone else can find it.”

“On the same day that CA blasted SCO, Open Source evangelist Eric Raymond revealed a leaked email from SCO’s strategic consultant Mike Anderer to their management. The email details how, surprise surprise, Microsoft has arranged virtually all of SCO’s financing, hiding behind intermediaries like Baystar Capital.”

Bruce Perens

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

What Else is New


  1. World IP Day, a Propaganda Opportunity for Patent Maximalists, is Becoming More About Feminism

    The annual nonsense which is called "World IP Day" is being put in a dress for no purpose other than giving a moralistic aspect to it -- one that patent maximalists (predominantly male) do not deserve



  2. Britain Has Not Fully Completed Unified Patent Court (UPC) Ratification and It Remains Incompatible With Brexit

    Team Battistelli and Team UPC pretend that UPC has gotten some sort of 'green light', but actually this could not be further from the truth



  3. With Unified Patent Court (UPC) on Its Death Throes, Team UPC Now Resorts to Promoting Pertinent Parts of the Agreement (UPCA)

    The latest writings about the Unitary Patent and agenda related to it, courtesy of the same people, firms and Web sites that spent several years lobbying for the UPC (i.e. for their own wallets)<



  4. Reporting Benoît Battistelli Before He Too 'Pulls a Željko Topić'

    The media is full of EPO-sponsored puff pieces about the EPO (very soon Joff Wild and Battistelli will promote software patents again), so we encourage readers to contact authorities in France and tell them what Battistelli has been doing in (or to) the European Patent Office (EPO)



  5. Links 26/4/2018: KStars 2.9.5, Ubuntu 18.04 LTS, NetBSD 8.0 RC1

    Links for the day



  6. Battistelli Misuses EPO Budget to Saturate the European Media With Puff Pieces About His Event

    The latest examples of 'synthetic' coverage or fluff about Battistelli's expensive event that he cryptically and mysteriously chose to have at his other workplace in Saint-Germain-en-Laye



  7. Battistelli's EPO Continues to Promote Software Patents and Even Pays the Media to Play Along, Impacting Other Continents

    With silly new terms such as "4IR" (the EPO used to say "ICT", "CII", "Industry 4.0" etc.) Team Battistelli is hoping to make software patents look/sound acceptable, honourable and inherently innovative or "revolutionary"



  8. Links 25/4/2018: Ubuntu 18.04 Coming Shortly, Fedora 28 Next Month

    Links for the day



  9. Koch Brothers and Big Oil Could Not Buy the Decisions in Oil States, SAS

    In Oil States Energy Services v Greene’s Energy Group, a case which Koch-funded think tanks meddled in (including those whose panel guests send me threatening legal letters), ends up with dissent from a Koch-connected Justice citing or quoting those very same Koch-funded think tanks



  10. The European Patent Office (EPO) Wastes a Lot of Money on External PR Agencies for Battistelli's 'Heist'

    The EPO's management is once again scattering/throwing EPO budget at PR agencies and media companies (publishers/broadcasters) to disseminate a bunch of puff pieces and virtually ignore the very obvious conflict of interest, which should be a scandal on par with that of FIFA (resulting in the arrest of its boss, Mr. Blatter)



  11. Today's EPO is Not Compatible With the Law and It's Grossly Incompatible With Truth and Justice

    Today, once again, the EPO openly advocates software patents while media promotes loopholes (notably hype waves)



  12. Quick Mention: As Expected, the US Supreme Court Cements PTAB's Role With Trump-Appointed Gorsuch Dissenting

    Oil States has been decided and it's very good news for the Patent Trial and Appeal Board (PTAB); even Conservatives-leaning Justices support PTAB



  13. Links 24/4/2018: Preview of Crostini, Introducing Heptio Gimbal, OPNsense 18.1.6

    Links for the day



  14. Patent Maximalists Step Things Up With Director Andrei Iancu and It's Time for Scientists to Fight Back

    Science and technology don't seem to matter as much as the whims of the patent (litigation) 'industry', at least judging by recent actions taken by Andrei Iancu (following a hearing before the Senate Judiciary Committee)



  15. Mythology About Patents in the East

    Misconceptions (or deliberate propaganda) about patent policy in the east poison the debate and derail a serious, facts-based discussion about it



  16. Patent Trolls Watch: Red River Innovations, Bradium Technologies/General Patent, and Wordlogic

    A quick look at some patent trolls that made the news this Monday; we are still seeing a powerful response to such trolls, whose momentum is slipping owing to the good work of the Patent Trial and Appeal Board (PTAB)



  17. Holding Benoît Battistelli Accountable After the EPO

    The many abuses and offenses committed by Mr. Battistelli whilst he enjoyed diplomatic immunity can and should be brought up as that immunity expires in two months; a good start would be contacting his colleagues, who might not be aware of the full spectrum of his abuses



  18. Links 23/4/2018: Second RC of Linux 4.17 and First RC of Mesa 18.1

    Links for the day



  19. The Good Work of the Patent Trial and Appeal Board (PTAB) and the Latest Attempts to Undermine It

    A week's roundup of news about PTAB, which is eliminating many bad (wrongly-granted) patents and is therefore becoming "enemy number one" to those who got accustomed to blackmailing real (productive) firms with their questionable patents



  20. District Courts' Patent Cases, Including the Eastern District of Texas (EDTX/TXED), in a Nutshell

    A roundup of patent cases in 'low courts' of the United States, where patents are being reasoned about or objected to while patent law firms make a lot of money



  21. The Federal Circuit's (CAFC) Decisions Are Being Twisted by Patent Propaganda Sites Which Merely Cherry-Pick Cases With Outcomes That Suit Them

    The Court of Appeals for the Federal Circuit (CAFC) continues to reject the vast majority of software patents, citing Section 101 in many such cases, but the likes of Managing IP, Patently-O, IAM and Watchtroll only selectively cover such cases (instead they’re ‘pulling a Berkheimer’ or some similar name-dropping)



  22. Patents Roundup: Metaswitch, GENBAND, Susman, Cisco, Konami, High 5 Games, HTC, and Nintendo

    A look at existing legal actions, the application of 35 U.S.C. § 101, and questionable patents that are being pursued on software (algorithms or "software infrastructure")



  23. In Maxon v Funai the High 'Patent Court' (CAFC) Reaffirms Disdain for Software Patents, Which Are Nowadays Harder to Get and Then Defend

    With the wealth of decisions from the Court of Appeals for the Federal Circuit (CAFC) wherein software patents get discarded (Funai being the latest example), the public needs to ask itself whether patent law firms are honest when they make claims about resurgence of software patents by 'pulling a Berkheimer' or coming up with terms like “Berkheimer Effect”



  24. Today's European Patent Office Works for Patent Extremists and for Team UPC Rather Than for Europe or for Innovation

    The International Association for the Protection of Intellectual Property (AIPPI) and other patent maximalists who have nothing to do with Europe, helped by a malicious and rather clueless politician called Benoît Battistelli, are turning the EPO into a patent-printing machine rather than an examination office as envisioned by the EPC (founders) and member states



  25. The EPO is Dying and Those Who Have Killed It Are Becoming Very Rich in the Process

    Following the footsteps of Ron Hovsepian at Novell, Battistelli at the EPO (along with Team Battistelli) may mean the end of the EPO as we know it (or the end altogether); one manager and a cabal of confidants make themselves obscenely rich by basically sacrificing the very organisation they were entrusted to serve



  26. Short: Just Keep Repeating the Lie (“Quality”) Until People Might Believe It

    Battistelli’s patent-printing bureau (EPO without quality control) keeps lying about the quality of patents by repeating the word “quality” a lot of times, including no less than twice in the summary alone



  27. Shelston IP Keeps Pressuring IP Australia to Allow Software Patents and Harm Software Development

    Shelston IP wants exactly the opposite of what's good for Australia; it just wants what's good for itself, yet it habitually pretends to speak for a productive industry (nothing could be further from the truth)



  28. Is Andy Ramer's Departure the End of Cantor Fitzgerald's Patent Trolls-Feeding Operations and Ambitions?

    The managing director of the 'IP' group at Cantor Fitzgerald is leaving, but it does not yet mean that patent trolls will be starved/deprived access to patents



  29. EPO Hoards Billions of Euros (Taken From the Public), Decreases Quality to Get More Money, Reduces Payments to Staff

    The EPO continues to collect money from everyone, distributes bogus/dubious patents that usher patent trolls into Europe (to cost European businesses billions in the long run), and staff of the EPO faces more cuts while EPO management swims in cash and perks



  30. Short: Calling Battistelli's Town (Where He Works) “Force for Innovation” to Justify the Funneling of EPO Funds to It

    How the EPO‘s management ‘explained’ (or sought to rationalise) to staff its opaque decision to send a multi-million, one-day ceremony to Battistelli’s own theatre only weeks before he leaves


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