Bonum Certa Men Certa

Signs of Defeat: Microsoft is Suing Linux Again, Using FAT Software Patents

Microsoft is throwing gorilla dust again

Salt throwing



"We counted over a million lines of code that we allege are infringed in the Linux kernel today." --Darl McBride (SCO), September 11th, 2003

Summary: Microsoft declares patent war on Motorola, which has a very extensive patent portfolio of its own and may never again partner with Microsoft as a result

MICROSOFT grew out of a culture of aggression and its founders are fiends*. Having heard testimonies about extortionists like Bill Gates we are not surprised to see Microsoft going down the same path as SCO. As an increasingly frail company that fewer and fewer people care about, it just needs to roar a little, due to bad judgment from eccentric managers like Steve Ballmer, who famously said that "Linux is a cancer that attaches itself in an intellectual property sense to everything it touches."

What Ballmer was trying to say is that he cannot compete against GNU/Linux unless he creates and lobbies for something imaginary which he calls "intellectual property" (that would be deceiving terminology for software patents). Ballmer cannot be too happy to see all those dying Microsoft products which he must drop as the company's value drops too.



Some years ago we still saw some real announcements coming from Microsoft. Occasionally they announced some new products, but in recent months/years the announcements were often about the death of products and yesterday the main announcement was about Microsoft suing a partner/competitor using software patents. Linux is part of this lawsuit based on the following list of patents from Microsoft Emil (the first few correspond to FAT):

The nine patents in question in the ITC complaint include:

* 5,579,517: Common name space for long and short filenames * 5,758,352: Common name space for long and short filenames * 6,621,746: Monitoring entropic conditions of a flash memory device as an indicator for invoking erasure operations * 6,826,762: Radio interface layer in a cell phone with a set of APIs having a hardware-independent proxy layer and a hardware-specific driver layer * 6,909,910: Method and system for managing changes to a contact database * 7,644,376: Flexible architecture for notifying applications of state changes * 5,664,133: Context sensitive menu system/menu behavior * 6,578,054: Method and system for supporting off-line mode of operation and synchronization using resource state information * 6,370,566: Generating meeting requests and group scheduling from a mobile device



There are also comments on this article in LWN.

Microsoft is just suing Linux/Android, which is winning. Apple must be happy to see Microsoft do this. The brutes from Microsoft are now suing the last major hardware company which sells Android-powered phones and does not pay Microsoft for the 'privilege'. The rest of them, all of which are based in Asia, already pay for imaginary Linux patent infringements (never named, just numbered but not enumerated based on some hypothetical basis).

“After suing another Open Source project, how come M$ say it loves Open Source ? What about Outercurve farce ?”
      --Reader from Brazil
All the major Android-distributing companies -- notably HTC, Samsung, and LG -- already pay Microsoft for Android (or at least claim to be paying Microsoft for it). All along we kept arguing that the only large distributor of Android which did not pay Microsoft for Linux was Motorola, which has patent prowess just like Nokia. "Guess this time they [Microsoft] went too far," said to us one of the readers. "Motorola has thousands of patents, covering broad areas(uProcessors, Telco)."

"Nokia could join with Motorola and sue the ASS out of M$. This time they're not fighting Tom Tom like firms," said another reader. To quote other responses from Techrights readers: "After suing another Open Source project, how come M$ say it loves Open Source ? What about Outercurve farce ? Shameless face..."

Microsoft's lawsuit in this case is not so different from the legal action against TomTom (mixture of patents targeting Linux and other areas). HTC appears to have surrendered to Microsoft only after Apple sued them too. Our guess is that Microsoft has been extorting and pressuring Linux/Android vendors for quite a while and Motorola refused to pay for the non-existent/unbacked claims. Here is the coverage from Murdoch's press

Android has since replaced Microsoft as the mobile operating system of choice for handset vendors that don't already have their own proprietary software. And while Samsung Electronics Co., LG Electronics Co. and HTC have committed to making Windows Phone 7 devices, all of them have a much larger presence in Android.


In IRC, one reader hypothesises that the timing of this lawsuit was intended to almost coincide with the release of Vista Phone 7 [sic], perhaps in order to ensure that people talk about Android being "not free" while Microsoft keeps waving its lousy new platform, attempting to use half a billion dollars in marketing just persuading carriers/manufacturers to support Vista Phone 7.

Mitchell Ashley remembered quite correctly Ballmer's words which are analogous to his early laughter at the hypePhone. Ashley chose the headline: "Steve Ballmer: Google Android "just some words on paper". You can say the same about Windows Mobile 7 today."

Google Android is winning over customers, whether Microsoft's Steve Ballmer wants to admit it or not. In a Tokyo press conference in 2007, Ballmer referred to Google's upcoming Android OS as "just some words on paper right now" and "right now they have a press release -- we have many, many millions of customers…".


We've had a very long discussion about what Google and OIN should do about it. gnufreex wrote: "I am now thinking Google should buy some patent troll and go after everything Microsoft makes."

A complaint could probably be filed by Google because this is racketeering [1, 2, 3, 4, 5, 6, 7]. Microsoft is trying to embargo Motorola phones, using a sort of economic pressure/sanction (International Trade Commission [1, 2, 3, 4, 5, 6]) in hope of making Motorola settle rather than pursue justice in court. Microsoft did the exact same thing to TomTom. It's vicious.

Microsoft said today that it has filed suit against Motorola for patent infringement related to Motorola’s Android smartphones. Microsoft filed the suit in U.S. District Court in Washington and also filed a complaint to the International Trade Commission.


Here is an example of very poor coverage of the lawsuit

Microsoft says Motorola's Android phones are patent infringers


Techrights' inception as "Boycott Novell" about 4 years ago was designed to end Microsoft's patent attacks on GNU/Linux. These attacks began shortly after Novell and Microsoft had signed their patent deal, which was initiated by Novell in the middle of 2006.

“These attacks began shortly after Novell and Microsoft had signed their patent deal, which was initiated by Novell in the middle of 2006.”Beware the spinners who keep pretending that Microsoft has turned soft on software patents. This lawsuit only provided further justification for avoiding Mono and Moonlight, especially in Android (c/f MonoDroid [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15]).

Microsoft has gotten desperate and its mob/lobbyists are spinning this lawsuit as reasonable.

If the allegations are true and Microsoft Florian is indeed one of the mobbyists [sic] on the company's payroll (like ACT), then utterly disgusting techniques is all this monopoly abuser has got left, trying to force its way back in by 'spamming' blogs and getting told off for it, e.g. in the following comment:

When will you stop spamming the intewebs, Florian? Are you get paid per post?

You anti-FLOSS crusade is so ridiculous that it is not even funny anymore. It is really pathetic that Microsoft sends failures like you to do perception management.


To quote one line of nonsense from this mobbyist, "Google must now act constructively and try to work out amicable arrangements with those right holders." Amazing! ___ * Bad behaviour descends from above. For example, "we will have to consider the patents they violate," wrote Bill Gates about Star/OpenOffice some years ago.

Comments

Recent Techrights' Posts

Mass Layoffs at Microsoft, March 2026
When will the media properly investigate this?
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part IV - Escalating to Ministers, Explaining the Severity of These Matters
British Sovereignty at Stake
 
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026
Geminispace Continues to Grow
Geminispace Will Soon Have 5,000 Capsules
Very Little Slop About "Linux"
We hope to see slop eradicated by year's end
BBC Lied for Its Longtime Sponsor (Bribes for 15+ Years) Bill Epsteingate, in Effect Covering Up Sex Trafficking of Underage Girls
The state of the media is truly awful
Microsoft GitHub is Not Free Hosting and It Won't Last
Not for much longer [...] Microsoft is afraid to say that it is pulling the plug, but it seems inevitable
"The Lost Generation" Came Back, This Time Literally
Based on my limited experience with young people ("alphas"), they're lost
IBM is Not Likely to Survive Another Decade
Despite having already survived over a century [...] Last week we saw claims that some company would likely acquire IBM for its remaining assets
IBM Has Just Been Sued Again by Its Own Staff (This Time a Manager, Stephen P. Gutierrez)
IBM's behaviour towards its staff can prove costly
When a Company Says Its Layoffs are "Due to AI" Check the Debt (Typically the Real Reason for Mass Layoffs)
The mass layoffs at Microsoft continue, but Microsoft hides those in some of the same ways IBM does
Doing More With Less
primacy of concepts rather than bells and whistles
Andy and Helen in Cybershow on Divesting From the United States' Technology and Politics
It is no longer considered a taboo to say this and it's not "anti-American" because many Americans can relate to and agree with such criticism
Links 10/03/2026: "GEMA v. Suno Copyright Case" and "Valve Faces PRS Lawsuit Over Allegedly Unlicensed Steam Music"
Links for the day
Gemini Links 10/03/2026: Woods in UK, Slop Laziness, and "Small Technology and Small Economic"
Links for the day
Garrett Announces LibreLocal Instance in Northampton, Massachusetts (USA)
his message was the only one last month
Microsofters' SLAPP Censorship - Part 8 Out of 200: Gross Misuse of UKGDPR to Protect the Agenda of American Back Doors (Mass Surveillance)
Responding to bunk claims regarding UKGDPR and claims of 'analytics' in our sites
Links 10/03/2026: Oil Prices Rising, South Korean/US Military Assets Redirected
Links for the day
Links 10/03/2026: Rust Rewrites by Slop "20,171 Times Slower", "You MUST Review LLM-generated Code"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 09, 2026
IRC logs for Monday, March 09, 2026
Attacks on Techrights Make Techrights Stronger and Attract More Whistleblowers to Techrights
The harder they attack us, the more productive we become
The Register MS Has Just Taken Money From Google (Where the Former Chief Editor Now Works) for Femmewashing and Ponzi Scheme Promotion
now The Register MS not only promotes a Ponzi scheme but also bags money to pretend Google respects women
People at IBM Are Still Smart Enough to Understand What's Really Going on
"I would never refer someone to work at IBM that I liked! I hope all of you have reviewed IBM on Glassdoor."
European Patent Office (EPO) to "Eventually Eliminate the Tasks Performed by Formalities Officers"; EPO Run by People Without Experience in Patents
full paper
RMS is 73 Next Week
Richard Matthew Stallman (RMS) turns 73 exactly 7 days from now
Iran & FSFE: blackmailing women, from football to the French Government (CNIL)
Reprinted with permission from Daniel Pocock
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part III - Very Strong Legal Basis for an Appeal
The case is now being escalated to a Foreign Secretary and former Deputy Prime Minister
Police investigations, lawsuits & Debian leader election candidate shortage
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) Has Defeated Cancel Culture, a Mostly American Phenomenon
RMS is talking now
No Slop Found in RSS Feeds, Only in Google News
No slopfarm will survive for very long, certainly it'll go bust as soon as readers (if it had any) know what it is
Links 09/03/2026: Many Security Breaches and a Pandemic of Censorship
Links for the day
People Who Work or Worked at IBM Hate It
bluewashing is only the first step
Richard Stallman (RMS) Talks in 30 Minutes, Next Stop Bern (Last Stop)
We assume he'll travel back to Boston after that
IBM's Fedora as a Booster of Slop Disguised as Code or Computer Programs
Maybe we should also stop seeing a doctor and instead ask chatbots about symptoms?
Richard Stallman (RMS) Talk Five Hours From Now
there is growing recognition for what he really did for everybody
What the Solicitors Regulation Authority (SRA) and Action Fraud UK Have in Common
Don't let London become the world's "crime capital"
EPO Strike 10 Days From Now, Planning Assembly Tomorrow, Last Couple of Strikes Had High Participation Rates (1,500-1,600 Staff Went on Strike)
The next strike is in 10 days' time and then there will be another strike
Dr. Andy Farnell on How GAFAM, NVIDIA and Others Lie to People Via the Sponsored Media to Prop Up Lies Under the Guise of "AI"
Lots of key aspects are covered
Links 09/03/2026: GAFAM Outsourcing, "MAGA Political Meddling" in EU, Indonesia Bans Social Control Media for Children Under 16
Links for the day
Using Slop (and Slop in Articles) to Attack Copyleft 'on Budget'
This article is pure BS from an anti-GPL and anti-RMS 'activist'
Why The Register MS Sold Out to Microsoft: They're Losing Lots of Money, The Register MS is Bleeding to Death, Based on Its Own Financial Records
With over 6 million pounds in debt (nearly 10 million US dollars) we guess it's likely some other company will take over the site (if it deems it worthwhile)
Microsofters' SLAPP Censorship - Part 7 Out of 200: Like With the Serial Strangler From Microsoft, Misuse of UK-GDPR to Try to Hide Embarrassing Facts
They do and say really bad things, then allege it's a "privacy violation" to mention those things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 08, 2026
IRC logs for Sunday, March 08, 2026
Gemini Links 09/03/2026: Exponentials and Tailscale
Links for the day
Sloppyleft
Article by Alexandre Oliva