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

10.03.10

Vista Phone 7 is Dead on Arrival, So Microsoft Resorts to ‘Chill Attack’ on Linux/Android

Posted in Courtroom, GNU/Linux, Google, Microsoft, Patents at 8:32 am by Dr. Roy Schestowitz

Panic

Summary: Microsoft is trying to make sellers of Android phones panic just shortly before its embarrassing competitor, Vista Phone 7 [sic], arrives at the market

IT IS no longer news that Microsoft is suing the last large seller of Android phones for not paying Microsoft for Linux. The FFII calls it:

New #Android stunt, start of #swpat wars or the last defense?

David Sugar from GNU Telephony alleges that Microsoft “can use the mere threat of patent lawsuits to effectively extort payments like a modern day Al Capone.” Here is his excellent (and widely-cited) post titled “Legal terrorism Microsoft style” (also published here):

Many people I think misunderstand Microsoft’s supreme court appeal of the i4i patent case. Some suggest that by focusing on limiting the ability to actually win patent cases that Microsoft is somehow limiting it’s own ability to use software patents against others. Nothing can be further from the truth, and indeed I think this case and their newly launched lawsuit against Motorola represents a milestone in their transformation from a proprietary software vendor into a litigation house.

What I think people fail to appreciate is that Microsoft does not seek the elimination of software patents but only to further limit the possibility of suffering spectacular losses at the end of such cases. This is because they understand well their most effective strategy is not in actually winning large judgments in patent cases against others, but rather simply in being able to financially exhaust others that they choose to sue. Hence, they wish to have an environment that is for them “safer to sue”.

Being a failed software company that can neither produce nor enter markets they are unable to illegally force people to buy their defective products, they clearly see future growth by taxing everyone else’s success. This is made possible by the threat of launching multi-year patent lawsuits that will cost millions of dollars to defend against even if they are entirely groundless, but for which they are far better positioned to financially sustain than their chosen target. They therefore can use the mere threat of patent lawsuits to effectively extort payments like a modern day Al Capone.

Microsoft is trying to deter companies from selling Android/Linux, using software patents. Sugar quotes Benjamin Franklin as saying: “That as we enjoy great advantages from the inventions of others, we should be glad of an opportunity to serve others…”

“To Microsoft, sharing work is a one-way affair (exploiting the work of others).”Microsoft does not understand sharing. To Microsoft, sharing work is a one-way affair (exploiting the work of others). By the way, Sugar’s use of the word “legal terrorism” may cheapen the term “terrorism”, but it is a proper term to use in this context. A few years ago, James Eagleton, the systems product manager for Sun Microsystems, said about Microsoft’s aggressive action: “What we’re seeing though now can be loosely described as patent terrorism, where people are using their patent horde as a threat [...] It’s almost like a cold war stand over tactic; where I have these patents and if you breach these patents, I’m going to come after you and sue you.”

Last night in IRC we showed that the MSBBC’s coverage of the lawsuit against Motorola seemed more like Microsoft propaganda and many other publications fell into the same trap; they describe Motorola like some kind of “thief” and Microsoft as a victim rather than explain to viewers/readers that Microsoft cannot compete, so it is just agitating everyone else around it.

A Microsoft booster from the The Seattle Times wrote a decent piece for a change. It’s titled “Microsoft using anti-Linux tactic against Google’s Android” and it starts as follows:

The lawsuit Microsoft filed against Motorola and its use of Google’s Android phone software is awfully familiar.

Microsoft used the same tactic against Linux when the open-source software reached critical mass in the data center and threatened to derail the growth of Microsoft’s server business seven years ago.

After name-calling failed to slow Linux, Microsoft started warning big companies that the free software wasn’t really free. It also said companies should take into account the potential cost of patent and licensing litigation around open-source products.

Uncertainty increased in 2003, when SCO, a Utah company, alleged that Linux was using some of its technologies. SCO licensed its technology to Microsoft and sought royalties from hundreds of companies using Linux.

That helped Microsoft persuade customers that free software isn’t really free. It even promised to indemnify customers that went with Microsoft products instead, offering a sort of insurance against patent issues.

Microsoft is the new SCO. “Beat The Bully” is the title Pogson chose for covering this development and he said:

The only thing good I see coming from this action is that the world will see M$ is a patent-troll and refuse to do business with them and the world will reject software-patents. They just make no sense. You don’t invent software. You figure it out step by step. You can obtain a patent on a particular type of door-latch but your patent cannot cover all door-latches and block out innovation by others. That’s what software-patents attempt to do. Given a particular goal a number of programmers can reach the same solution by any number of methods. M$ wants to define every possible goal of technology and block others from getting to it. That is wrong and this litigation must be fought tooth and nail or M$ will just become more dangerous. Technology in USA will become a backwater if they are allowed to stifle innovation this way.

The Microsoft boosters have little to offer in terms of coverage (they mostly refuse to denounce Microsoft) and OpenBytes twists a famous quote from “Field of Dreams” (the film) in order to describe what Microsoft is doing here:

“If you build it, they will sue”

Yes, Microsoft is at it again. Maybe worried by the lack of mainstream interest in their upcoming “creation” Windows Mobile 7? Its being reported that good old Redmond is now after Motorola (its already had a go at HTC and Samsung) and looking to suck a bit of revenue from the sale of Android, since in my view it seems doubtful they will get much from their own platform.

Very clever, Microsoft. The company’s failing mobile business leaves it with no choice but to merely become the class bully. According to this new report, the same companies which Microsoft has already got as paying sellouts (paying Microsoft for Linux) are willing to dabble in Vista Phone 7 [sic]. The title of the article is “5 Reasons the Windows Phone 7 Will Fail” (the are many new posts like that) and it says:

Samsung, HTC, and LG will manufacture the handsets, but so far there has only been speculation on what the phones will offer and look like. What we do know is that Microsoft has to make up a lot of ground if it expects to gain market share in an Apple, Android, and BlackBerry dominated world.

Prepare for the brainwash we have been warning about:

So far, we know that Microsoft is sinking $500 million into a marketing and advertising blitz and will be offering Windows Phone 7 first in Europe, three weeks before America.

Well, even Microsoft boosters are pessimistic about Vista Phone 7:

However, there’s at least one person who says this revolution ain’t gonna happen. Eric Bleeker, analyst over at The Motley Fool, reckons Windows Phone 7 might be humped before it even gets going. To quote the erstwhile Mr Bleeker, “I hate to sound dismissive of Windows Phone 7 before it even hits stores, but the deck is stacked against it. Regardless of Windows Phone 7’s features, it’s just too late in the game.”

According to this link we got last night, Vista Phone 7 is still primitive. To quote: “The parody says that Windows Phone 7 can?t copy and paste, can’t multitask, and can’t tether. All of these are true, but Microsoft said that these functionalities will become available soon after launch.”

“As annoying as the Motorola lawsuit may be, it is important to understand that it’s a sign of death for Microsoft in mobile.”It’s just about as bad with HP's Vista 7 tablet, which VentureBeat considers to be an embarrassment compared to Android tablets (they only name the Samsung Galaxy Tab, which Microsoft makes money from as well).

As annoying as the Motorola lawsuit may be, it is important to understand that it’s a sign of death for Microsoft in mobile. The company ran out of ideas. There has been a major executives exodus in this department (as well as others), so the main remaining risk is that of entryism. As the news put it some days ago:

Stephen Elop is said to have taken up as the CEO at Nokia Corp. Also Division President Robbie Bach is due to retire this year. Robbie Bach was handling included Microsoft’s mobile and games businesses, reportedly.

Don Reisinger, who only ever writes at CNET to provoke with bait, goes with the headline “Mobile woes slice Ballmer’s bonus in half” and CNET‘s partner site ZDNet helps Microsoft attack Android by giving Ed Bought a platform in which he stages a dumping of Android under “Why I dumped my Droid” (just to create some Microsoft hype in ZDNet ahead of the arrival of Vista Phone 7).

Lastly, remember this: Microsoft claims to be spending half a billion dollars just on marketing of Vista Phone 7. Lawsuits against Android distributors (and their timing) can be seen an just part of the publicity stunts.

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. The Ugly Face of Watchtroll: Attacking the Director of the US Patent Office, Calling on Trump to Sack Her

    The Director of the USPTO is now under attack by the patent maximalists, who are proponents of software patents, patent trolls, and everything that is wrong in a patent system



  2. The European Patent Office is Googlebombing and Bamboozling the Public About Quality of European Patents

    The disastrous policies of Battistelli are rapidly becoming common knowledge across Europe and the entire world, so the EPO pretends that it's taking feedback into account and maintaining patent quality (a lie, as usual)



  3. The EPO's Freedom to Disregard the Law and Abuse Employees is “Being Taken up by the Council of Europe”

    Things are getting out of hand not just in Eponia but also in the Netherlands, in Europe and in the rest of the world, where the misuse of impunity/immunity leads to a large number of suicides, among other serious issues



  4. Links 24/1/2017: New Release of SMPlayer, Arch Dropping i686 Support Soon

    Links for the day



  5. US Supreme Court (SCOTUS) Keeps Introducing Changes to Patent Law and Patent Policy Under the Trump Administration Still Looks OK

    Judging by what we are seeing so far this year, the US patent system won't be going back into the sordid mess it once was, thanks in part to the Justices of the US Supreme Court and the America Invents Act, signed into law over half a decade ago



  6. Leaked: Team Battistelli, Exploiting a Controversial Decision From the Netherlands, is Trying to Squash SUEPO

    The latest leak suggests that Battistelli not only celebrates immunity from the law but also uses that to take further steps against the Staff Union of the EPO (SUEPO)



  7. Dr. Ingve Björn Stjerna: UPC's “Entry Into Force is Not at all Secured,” Contrary to What Team UPC Says

    The ludicrous notion that the UPC is inevitable and just a matter of time is challenged by longtime UPC observers, including Dr. Ingve Björn Stjerna, who wrote an entire book on the subject



  8. Media Blasts EPO Over Immunity Amid Suicides, Battistelli's Behaviour Compared to Dominique Strauss-Kahn's

    Backlash in the Netherlands is growing again, primarily as a result of media reports about the EPO's abuses against basic rights and the government's reluctance to put an end to these abuses



  9. Hilarious: Battistelli Goes to Former French Colony With No Patents to 'Buy' the EPO a Perception of Legitimacy

    Having toured various banana republics in pursuit of easy-to-sign deals, Battistelli now goes to Cambodia again, in order to make it seem as though the EPO is conquering Asia



  10. Patent Trolls Like Finjan Holdings and Thomas Edison; the Latest Loss for Software Patents in the US and Their Move to China

    A look at the very latest patent news, which suggests further improvements in the US, pushback from the patent microcosm, and an outsourcing of a terrible system to Chinese territories, where the overpatenting plague grows rapidly



  11. Still Waiting for Official Confirmation That Michelle Lee Will Head the Patent Office Under Donald Trump's Administration

    As of today, there is still no official word on whether or not Lee continues her tenure, which saw the demise of patents on software and along with that the demise of patent trolls and frivolous litigation



  12. Links 23/1/2017: Wine Releases, Microsoft Layoffs

    Links for the day



  13. 'Reform' at the EPO Means Destroying the Staff Union, Crushing Patent Examiners, and Imposing on Europe a System It Does Not Want (UPC)

    The chaotic transition at the EPO -- a transition from something which has been workable to something intolerable -- and the role of the Unitary Patent (UPC), which lurks in the shadows and threatens to harm the whole of Europe



  14. Shakeup Against Patent Parasites in the US and More Rumours/Speculations About USPTO Director Michelle Lee After Trump's Inauguration

    The US patent system is becoming ever more hostile towards patent trolls, owing in part to reforms introduced under Michelle Lee's tenure, but people are still not certain that she will maintain her job and continue to fix the system



  15. EPO Abuses Now Make the Netherlands Look Like a Facilitator of Human/Labour Rights Abuses

    Rather than crack down on human rights abuses, the Dutch government now sends out the signal that it's an island for those wish to violate human rights whilst enjoying immunity (EPO)



  16. Links 20/1/2017: Docker 1.13, Linux 4.4.44 LTS

    Links for the day



  17. “Federal Circuit Had Affirmed on Every Issue in 77.4% of the Patent Trial and Appeal Board Appeals it Had Seen” in 2016

    The Federal Circuit (CAFC) and Patent Trial and Appeal Board (PTAB) continue to squash a lot of patents on software, in contrast to that fake news from patent maximalists



  18. Kudelski Group Not Only Acts Like a Patent Troll But Also Run by Intellectual Ventures Person; Mobile Market in Dire State of Patent Armageddon

    The patent thicket which pervades everything that is used by billions of people, mobile technology in particular, can be traced back to a lot of non-practicing parasites (or patent trolls)



  19. Watchtroll and His Swamp Still Blame Google (Where Michelle Lee Came From) for Improving and Gradually Fixing Aspects of the US Patent System

    Shooting the messengers (even wrongly associating yours truly with Google) in an effort to undermine patent reform when it is so desperately needed due to serious injustices



  20. In an Age of Necessary Patent Reform and Permanent Uncertainty for Software Patents the Patent Microcosm Looks for Workarounds and Spin

    Commentary on the status quo in the Michelle Lee era and some examples of bias from the patent microcosm, as well as news regarding the NFL getting sued by the Kudelski Group



  21. Michelle Lee, USPTO Director, Should Recognise That the Patent Microcosm is Her Enemy Which Hates Her

    The latest outburst from the patent microcosm, which has a temper issue and notorious disdain for judges it does not agree with, is more of what we have come to expect



  22. Battistelli is an Autocrat Above the Law and It's OK, Holland's High Council Says

    Battistelli's autocratic tendencies will not be challenged by Dutch authorities, in spite of sheer condemnation from many groups all across Europe and the entire world



  23. Beware Fake News About the Unitary Patent (UPC)

    The UPC is dead, deadlocked, stuck, in a limbo and so on; those who claim otherwise are merely lobbying (in disguise of "analysis" or "news")



  24. Shame on MapR for Pursuing Software Patents While Pretending to Stand for Free/Open Source Software

    The patents gold rush sees another company joining the 'fun', albeit this company should campaign hard against software patents rather than pursue any



  25. Doomsday Scenario in the Back Mirror as Michelle Lee Keeps Her Job (and Much-Needed Patent Reform) at the USPTO

    The future of patent reform, i.e. tackling overpatenting and patent trolls, looks somewhat more promising with today's confirmation of Lee's 'extended tenure' at the Office



  26. Links 19/1/2017: PulseAudio 10.0, Linux 4.9 Longterm Kernel

    Links for the day



  27. Corporate (Wall Street) Media Agrees That Brexit Dooms the Unitary Patent (UPC)

    The nonstop lies or the fake news about the UPC starting "real soon now" don't quite pass a reality check or a basic assessment based on fundamental concepts, such as the UPC's facilitation of subordination (to Europe) in the United Kingdom



  28. Farce of an 'Independence' for the Boards of Appeal as Another Ally of Benoît Battistelli Enters as Parasite Inside the 'Overseer'/Host

    The latest cluster of lies from the President of the European Patent Office (EPO) and direct refutation of false claims of independence for the Boards of Appeal, where the former Vice-Presidents can flock, just like the Mini Minion (Minnoye) of Battistelli



  29. Links 18/1/2017: Red Hat's OpenShift 3.4, Mozilla's New Logo/Branding

    Links for the day



  30. Union-Busting Action by Team Battistelli Takes Heavy Toll, Techrights Will Continue to Expose EPO Injustices to the World

    The Staff Union of the European Patent Office, SUEPO, which faced unprecedented and probably illegal (based on local laws) attacks, is being weakened by the worst President ever, whose own management team seems to be collapsing along with the institution he is destroying in just a few years


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