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

10.10.10

Microsoft Pays Mobbyists Who Are Promoting Software Patents Tax in GNU/Linux

Posted in GNU/Linux, Google, Microsoft, Patents at 7:02 am by Dr. Roy Schestowitz

Charles Luciano

Summary: The mobile arena is being distorted by Microsoft and some allies who use software patent to increase the cost of phones (including Linux phones); they are using patents on software also to scare manufacturers, giving them the impression that Linux is not free

BACK we go to talking about the mobbyists, who sometimes express love for Mono and almost always seem to promote software patents, even though they may hide their motives*. For those who are still in doubt, Microsoft suffers very badly (debt is growing) and in order to survive for a while longer it is attacking its main competitor, Linux, using software patents. Many companies that use Linux sign a patent deal with Microsoft but only a small fraction of those companies would name Linux as part of the deals. On two occasions so far Microsoft announced a patent lawsuit and injunction against companies for their use of Linux. There is more to it if one considers companies whose attacks on Linux Microsoft is funding indirectly.

As Groklaw keeps filling some gaps in the SCO case filings, a look back from Updegrove’s point of view treats SCO as the copyright challenge that never materialised because no infringement could be proven and besides, Novell is said to own UNIX.

Perversely, SCO’s suicidal mission against Linux therefore ultimately served to strengthen the role of the Linux operating system kernel it tried to encumber rather than the opposite. Today, the reality of FOSS/OSS is far stronger than it likely would have been had not SCO destroyed itself in its vain quest.

While it would go too far to thank SCO for what it has done for FOSS/OSS, the saga that hopefully ended yesterday does serve to prove the wisdom once again of that old adage, “Something good comes of all.”

SCO has been successful in the sense that it bought Microsoft a lot more time, only to eventually show that the claims were all in vain. Microsoft has since then moved to a new target and it is amassing software patents right now. According to Geek.com, “Microsoft [is] granted patent covering to-do lists” (yes, it is shameful for the USPTO too).

The to-do list. It’s a common enough task that no one would ever attempt to patent it as a general process of making a list. But Microsoft has decided that a to-do list specific to programming is worthy of protection and filed a patent covering it.

Sometimes Microsoft relies on companies which it funds or companies which comprise Microsoft staff to shove software patents down Linux’ throat. Likewise is one examples that we gave and now it goes after Sun/Oracle customers (who will be better off using something similar without all the Microsoft patent tax).

“Either way, ACCESS is now paid by Microsoft, which is interesting because it employed a mobbyist who was disrupting GNOME, GNU, and at times defending/promoting software patents (his employer’s agenda).”Yesterday and the day before that we continued to show that Microsoft pays Acacia and ACCESS. Due to an article which claims ACCESS to be an Acacia subsidiary (to quote, ‘It said the software giant paid licence fees for “a portfolio of patents related to smartphones owned by [Acacia subsidiary] ACCESS Co, Ltd”.’), we had to look deeper into it all. We could not verify this, so maybe it’s a mistake by the author and we have informed her. Either way, ACCESS is now paid by Microsoft, which is interesting because it employed a mobbyist who was disrupting GNOME, GNU, and at times defending/promoting software patents (his employer’s agenda). According to this press release, there was Microsoft money on his table (at least indirectly because it’s an employer, who in turn passes a paycheque), which is interesting. “M$ Funds a Patent-Troll” says this headline from Pogson, who claims: “This time the patent-troll will be going after Androidy smartphone makers so “the enemy of my enemies is my friend”.” From The Register:

So perhaps, somewhat uncharacteristically, Microsoft was simply heading off any such headache by signing a licence deal with Acacia.

Interestingly Acacia, as previously noted by Groklaw, does have a history of hiring Microsoft veterans to work at its offices. It appointed ex-Microsoft Intellectual Property general manager Brad Brunell in 2007.

In July of that year the firm also took on Jonathan Taub, who Acacia promoted to the job of senior vice president just this month.

As Acacia points out in his corporate bio: “Prior to joining Acacia, he was Director of Strategic Alliances for Microsoft’s Mobile and Embedded Devices division and Business Development Manager for Microsoft’s Security Business Unit.”

So it’s hardly surprising to see the two companies play nice over licensing. It also means Microsoft, for once, won’t be under the patent sueball spotlight.

One piece of news that we mentioned some days ago is Ballmer’s push for a patent law “reform”, which he spoke about in LSE (England). Here is some dedicated coverage of the issue he raised in Europe:

Microsoft chief executive: patent laws need reforming

[...]

“Is the patent system perfect, or the world in which we live? Answer is of course not, the patent law was crafted in a day and age that preceded modern IT systems,” Ballmer said, pointing out that two of the biggest industries which use patent law – the pharmaceutical and software industries – did not exist when original patent law was written in the late 19th century.

“We think that the law ought to be reformed to reflect modern times. But if you ask me in general ‘are we better off with today’s patent system, or no system?’ We’re better off with today’s patent system,” Ballmer said.

Ballmer is using BSA propaganda to justify his agenda (BSA is funded by Microsoft and it also lobbies for RAND/software patents in Europe). Words like “piracy” are being used.

It’s clear that Microsoft cannot compete anymore, at least not in the mobile arena. Verizon rejects Microsoft’s products after being bruised as a disgruntled partner (“KIN”):

Asked by Cnet, here, whether Verizon will offer devices on its 4G LTE network, coming later this year, McAdam said: “I can’t really say which phones we’ll offer yet. We like our relationship with Microsoft. But clearly in the US there are three major mobile operating systems: RIM, Google, and Apple.”

Microsoft must already know deep inside that it cannot beat UNIX/Linux in mobile devices, so it goes raiding those who are fragile. “Why Is Microsoft Going After Motorola And Android?” That’s the question OStatic answers and analyses as follows:

Indeed, it is interesting that Microsoft went after Motorola and not Google. (Motorola’s Droid phones have a custom MotoBlur interface that sits on top of Android.) All in all, this move from Microsoft seems to be a Hail Mary from a company that has been marginalized in the smartphone business and is now going after very fundamental types of feature sets found in other manufacturers’ smartphones.

An important point which seems to be missing from the above analysis is that Motorola has had more financial issues, just like TomTom. Google would fight back and not run away to Windows, as pointed out in IRC by some regulars. So Microsoft goes after weak companies. What Microsoft has essentially been doing is act like a patent troll which assumes the attacked entity will settle without challenge and in other cases Microsoft funds or passes patents to patent trolls [1, 2, 3, 4, 5, 6], whose goal may be to elevate the cost of Linux-based operating systems. Dana Blankenhorn has an interesting take on it, too.

The FSF says that Vista Phone 7 [sic] is “the best choice for Patent Trolls” and we translated its article to Spanish because tomorrow is Microsoft’s big day.

On Monday October 11, 2010 Microsoft will release Windows Phone 7 software, backed by the largest phone marketing campaign in history: reports estimate costs at between 400 and 500 million dollars.

Why does Microsoft need to spend so much money promoting their latest proprietary software? Clearly they face strong competition, but marketing, especially for high end mobile phones, is about creating an image in the consumer’s mind; an image that they want to identify with.

And that’s the problem that Microsoft has. Who wants to be identified with Microsoft? Who wants to be identified with a corporation run by Steve Ballmer?

Windows 7 Phone Series: Another proprietary device designed to trash your rights.

Microsoft has a long history of unethical behavior in the software industry, abusing competitors and its customers alike. Steve Ballmer has long been recognized as the leading force behind this behavior at Microsoft. Yet amazingly he was promoted to lead the corporation when Bill Gates stepped down.

Worry not for a moment about Vista Phone 7. Even analysts who are paid by Microsoft admit this will fail and all that Microsoft can do right now is elevate the cost of its rivals and ensure that their profits become Microsoft’ own profits. It’s not an honourable way to compete. It is more like racketeering [1, 2, 3, 4, 5, 6, 7].

“The first wave will attack the perception that Linux is free.”

Brian Valentine, Microsoft

____
* In some cases they pretend to represent the very opposite side while they derail public policies, as in ACT’s case. Jeremy Allison has just described the latest exposé as “Great analysis of (wikileaked) plan to curb the free software in the EU. [...] Jonathan Zuck really is the mouth of Sauron.”

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. Links 24/2/2017: Ubuntu 17.04 Beta, OpenBSD Foundation Nets $573,000 in Donations

    Links for the day



  2. IAM, Greased up by the EPO, Continues Lobbying by Shaming Tactics for the UPC, Under the Guise of 'News'

    The shrill and well-paid writers of IAM are still at it, promoting the Unitary Patent (UPC) at every opportunity and every turn



  3. Patent Scope Gone Awry: European Vegetable Patents Office?

    In its misguided race to raise so-called 'production', the EPO lost sight of its original goals and now facilitates patent royalty payments/taxation for naturally-recurring items of nature



  4. Yes, There is Definitely Brain Drain (Experience Deficit) at the European Patent Office and Stakeholders Feel It

    The direction that the European Patent Office has taken under Battistelli undoes many decades (almost half a century) of reputation-building and progress and naturally this repels existing staff, not to mention hampers recruitment efforts



  5. The Sickness of the EPO – Part IV: Cruel Management That Deliberately Attacks the Sick and the Weak

    The dysphoric reality at the European Patent Office, which is becoming like a large cell (with bolted-down windows) where people are controlled by fear and scapegoats are selected to perpetuate this atmosphere of terror and maintain demand (or workload) for the Investigative Stasi



  6. Links 23/2/2017: Qt 5.9 Alpha, First SHA1 Collision

    Links for the day



  7. UPC Roundup: War on the Appeal Boards, British Motion Against the UPC, Fröhlinger Recalled, and Fake News About Spain

    Taking stock of some of the latest attempts to shove the Unitary Patent (UPC) down Europe's throat, courtesy of Team Battistelli and Team UPC



  8. The Sickness of the EPO – Part III: Invalidity and Suicides

    An explanation of what drives a lot of EPO veterans to depression and sometimes even suicide



  9. The Appeal Board (PTAB) and Federal Circuit (CAFC) Maintain Good Pace of Patent Elimination Where Scope Was Exceeded

    The Court of Appeals for the Federal Circuit (CAFC) continues to accept about 4 out of 5 decisions of the Patent Trial and Appeal Board (PTAB) and the US Supreme Court (SCOTUS) refuses to intervene



  10. Software Patents Are Ebbing Away, But the “Swamp” Fights Back and Hijacks the Word “Fix”

    The club of patent maximalists, or those who profit from excess prosecution and legal chaos, isn't liking what has happened in the United States and it wants everything reversed



  11. Report From Yesterday's Debate About the European Patent Office (EPO) at the Bavarian Landtag

    A report of the EPO debate which took place at the Bavarian Landtag yesterday (21/2/2017)



  12. Links 22/2/2017: Wine-Staging 2.2, Nautilus 3.24

    Links for the day



  13. French Politician Richard Yung Tells the Government About Abuses at the European Patent Office (EPO)

    The subject of EPO scandals has once again landed in French politics, just a couple of months since it last happened



  14. The Sickness of the EPO – Part II: Background Information and Insights

    With a privatised, in-house (sometimes outsourced and for-profit) force for surveillance, policing, justice, public relations and now medical assessment (mere vassals or marionettes of the management) the EPO serves to show that it has become indistinguishable from North Korea, where the Supreme Leader gets to control every single aspect (absolutely no separation of powers)



  15. EPO Cartoon/Caricature by KrewinkelKrijst

    A new rendition by Dutch cartoonist and illustrator KrewinkelKrijst



  16. Inverting Narratives: IAM 'Magazine' Paints Massive Patent Bully Microsoft (Preying on the Weak) as a Defender of the Powerless

    Selective coverage and deliberate misinterpretation of Microsoft's tactics (patent settlement under threat, disguised as "pre-installation of some of the US company’s software products") as seen in IAM almost every week these days



  17. The Sickness of the EPO – Part I: Motivation for New Series of Articles

    An introduction or prelude to a long series of upcoming posts, whose purpose is to show governance by coercion, pressure, retribution and tribalism rather than professional relationship between human beings at the European Patent Office (EPO)



  18. Insensitivity at the EPO’s Management – Part VII: EPO Hypocrisy on Cancer and Lack of Feedback to and From ECPC

    The European Cancer Patient Coalition (ECPC), which calls itself "the largest European cancer patients' umbrella organisation," fails to fulfill its duties, says a source of ours, and the EPO makes things even worse



  19. Links 21/2/2017: KDE Plasma 5.9.2 in Chakra GNU/Linux, pfSense 2.3.3

    Links for the day



  20. EPO Caricature: Battistelli's Wall

    Battistelli's solution to everything at the EPO is exclusion and barriers



  21. The 'New' Microsoft is Still Acting Like a Dangerous Cult in an Effort to Hijack and/or Undermine All Free/Open Source Software

    In an effort to combat any large deployment of non-Microsoft software, the company goes personal and attempts to overthrow even management that is not receptive to Microsoft's agenda



  22. PTAB Petitioned to Help Against Patent Troll InfoGation Corp., Which Goes After Linux/Android OEMs in China

    A new example of software patents against Free software, or trolls against companies that are distributing freedom-respecting software from a country where these patents are not even potent (they don't exist there)



  23. Links 20/2/2017: Linux 4.10, LineageOS Milestone

    Links for the day



  24. No, Doing Mathematical Operations on a Processor Does Not Make Algorithms Patent-Eligible

    Old and familiar tricks -- a method for tricking examiners into the idea that algorithms are actual machines -- are being peddled by Watchtroll again



  25. Paid-for UPC Proponent, IAM 'Magazine', Debunked on UPC Again

    The impact of the corrupted (by EPO money) media goes further than one might expect and even 'borrows' out-of-date news in order to promote the UPC



  26. Lack of Justice in and Around the EPO Drawing Scrutiny

    The status of the EPO as an entity above the law (in Germany, the Netherlands, Switzerland and so on) is becoming the subject of press reports and staff is leaving in large numbers



  27. Links 19/2/2017: GParted 0.28.1, LibreOffice Donations Record

    Links for the day



  28. The EPO is Becoming an Embarrassment to Europe and a Growing Threat to the European Union

    The increasingly pathetic moves by Battistelli and the ever-declining image/status of the EPO (only 0% of polled stakeholders approve Battistelli's management) is causing damage to the reputation of the European Union, even if the EPO is not a European Union organ but an international one



  29. Patent Misconceptions Promoted by the Patent Meta-Industry

    Cherry-picking one's way into the perception of patent eligibility for software and the misguided belief that without patents there will be no innovation



  30. As the United States Shuts Its Door on Low-Quality Patents the Patent Trolls Move to Asia

    Disintegration of Intellectual Ventures (further shrinkage after losing software patents at CAFC), China's massive patent bubble, and Singapore's implicit invitation/facilitation of patent trolls (bubble economy)


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