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

10.18.10

How Microsoft Lobbyists Expose Google to Legal Trouble Amid Google Gains

Posted in GNU/Linux, Google, Microsoft, Search, Servers at 2:19 pm by Dr. Roy Schestowitz

“Where are we on this Jihad?”

Bill Gates

Ballmer on patents
Original cartoon

Summary: An analysis of Microsoft’s ongoing political and legal attacks on Google; a glimpse at Microsoft’s Fog Computing gameplay, which leads to unprecedented levels of lock-in and is a reactionary strategy amid Google’s rise to power

MICROSOFT AND GOOGLE are fighting over people’s data, including their communication (data going down the wires, not just data stored locally or in Fog Computing). Microsoft advocates the use of Windows, whereas Google advocates GNU/Linux with more Free software components inside the stack, e.g. Apache and Python. Neither company is “good” or “evil”; like in many wars, both sides can be “evil”, but it’s all very subjective. To us, what matters is that neither company promotes software freedom, but Google is a lot closer in the sense that some of its products and its funding go towards enabling software freedom (e.g. Summer of Code, Chromium, and maybe Wave to a certain extent).

It should be easy to see why we defend Google from AstroTurfers like LawMedia Group and ‘Consumer’ ‘Watchdog’ (Bill Gates too does his share of lobbying against Google). Microsoft has ongoing campaigns to destroy Google; the same can hardly be said about Google. Name just one AstroTurf action Google has run against Microsoft. It’s hard to think of any because it’s a one-way boxing match and it helps show why Microsoft is so widely detested in the IT industry.

“Microsoft Has Lobbied for Weaker Protection for Search Engines, ISPs,” argues Groklaw, which points to this page/file which says (the highlight in red is Groklaw’s): “Turning to the issue of limitations of liability, such provisions are important for the development of innovative Internet-based services. However, care is needed in drafting such provisions to ensure that exceptions are not so broad to include activity that is widely regarded as unlawful. Barry referred to this in his comments about Bill C-61. In Microsoft’s view the Internet and other digital network service providers who profit from providing services that enable or facilitate communication of infringing copies – so for example providers of software that help users locate infringing music, movies or software files – should not qualify for exemptions or limitations on remedies. Accordingly, provisions which seek to limit liability, ISPs or search engines should be carefully crafted.”

“I missed this at the time,” writes Pamela Jones (Groklaw) in News Picks, “but here [above] is part of what Microsoft’s Michael Hilliard, Corporate Counsel for Microsoft in Canada, said in the government’s Copyright Consultations round table discussion in Halifax about a year ago, in August of 2009, on the theme of desired changes to copyright law (MP3), and as you read it, have in mind the strategy that Viacom tried unsuccessfully to use against YouTube/Google, asking the court to rule that Google didn’t qualify for DMCA safe harbor protection…”

“[H]ere is part of what Microsoft’s Michael Hilliard, Corporate Counsel for Microsoft in Canada, said in the government’s Copyright Consultations round table discussion…”
      –Pamela Jones, Groklaw
To put things in context, we’ve looked at recent news and gathered information which shows that in the US market (and meters that are not sponsored by Microsoft) Google continues to gain market share (not by excluding but by offering a better service).

Henry Blodget has argued that “Yahoo And AOL Should Immediately Merge” and it's not going to happen (more and more people seem to agree). Yahoo! is already somewhat of a property of Microsoft (the search part at the very least). MediaPost Communications looks at this alliance in the article “Navigating The Microsoft And Yahoo Alliance”. For those who do not remember, Yahoo! was very close to signing a deal with Google, but Microsoft is then said to have hired AstroTurfers including LawMedia Group to shoot down the deal. It was utterly disgusting but very typical for Microsoft. Later on Microsoft took over Yahoo!

Anyway, there is more than just search at stake. Search is just a gateway through which a company can gain a lot of Web surfers and channel them towards particular pages, including their own proprietary services (Fog Computing and such). The Microsoft-friendly 1105 Media is promoting Fog Computing for children right now, including the Live@edu scam (there is a new press release about it and additional complaints about lack of encryption in it). The education systems are still being exploited by Microsoft in order to offer ‘free’ indoctrination that’s akin to American EDGI [1, 2, 3, 4], which is now extending into Washington [1, 2, 3] and gets promoted by Seattle’s Microsoft boosters [1, 2]. Had they been honest, they would state that it’s not free and Microsoft should pay people for the privilege of having them brainwashed at the expense of their own time. Since Governor Gregoire is well within Microsoft’s pocket [1, 2], nothing will be done to stop this. If anything, she is likely to encourage this abuse which is marketed using sheer spin.

Over at Minnesota there is already a surrender to Microsoft's Fog Computing, which is maddeningly irresponsible as it puts state E-mails under Microsoft’s control and it’s ripe to misuse [1, 2]. It’s bad enough that some universities make this terrible mistake and under some new banner called “Microsoft Innovation Alliance” (we never came across it before) Microsoft is taking over many more colleges right now. To quote one example: “Software major Microsoft has enrolled BV Raju Institute of Technology (BVRIT) as its member under the Microsoft Innovation Alliance programme.”

That’ll be regrettable.

Based on what we learned in IRC last night, MTS (Canadian ISP) is also throwing its communications at Microsoft’s servers. To quote:

Well, I guess there’s no worry of getting heck for mentioning this since MTS has a press release about it on their website (August 7th)

MTS is phasing out their in-house email service, and switching to Microsoft Windows Live.

http://www.mts.ca/portal/site/mts/me…001342a8c0RCRD

“New customers will be able to take advantage of this new service starting August 17, and existing customers will be contacted by email with directions on transitioning to Windows Live services starting in October. Once the customer completes the transition, their existing emails and content in the customer’s current MTS Webmail online account will be transferred to their new Windows Live account all within a few minutes.”

This too will be regrettable because Hotmail is a disaster, just like the rest of Microsoft’s services (e.g. BPOS [1, 2, 3]), which are very unreliable and now require a downtime dashboard (no kidding!) rather than a permanent solution to prevent future downtimes. To put downtime in perspective by quoting the ‘Microsoft press’:

Microsoft acknowledged BPOS service outages affecting customers in North America on Aug. 23, Sept. 3 and Sept. 7.

That’s terrible. These downtimes were long, too. Imagine Google being down so often. It just ain’t because it’s built on top of Free software, which is a lot more reliable (even Microsoft uses GNU/Linux internally [1, 2, 3, 4, 5, 6], at least for the mission-critical stuff, like DNS).

“Microsoft looks into Hotfail bug” says this new headline:

WEBMAIL PROVIDER Microsoft is looking into a bug that is apparently affecting thousands of its Hotmail users.

We were first alerted to the problem by a reader, as, er, none of us use Hotmail. Ian, in South Africa has been unable to get into his account all week and, quite fairly, thought that there might have been a correlation between the Hotmail security updates we had reported and his being unable to access the service.

Nobody needs Microsoft for Fog Computing or for search. That’s why Microsoft is so desperately trying to destroy Google. It’s the only choice it has left. Microsoft is known for breaking stuff (like competition) and taking other people’s stuff; it rarely creates anything worth using (“Usually Microsoft doesn’t develop products, we buy products,” said Microsoft’s European business security product manager). Google has the thinkers, Microsoft has the bullies.

“The intuitive mind is a sacred gift; the rational mind is a faithful servant. We have created a society that honors the servant and has forgotten the gift.” –Albert Einstein

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 27/9/2016: Lenovo Layoffs, OPNFV Third Software Release

    Links for the day



  2. The Moral Depravity of the European Patent Office Under Battistelli

    The European Patent Office (EPO) comes under heavy criticism from its very own employees, who also seem to recognise that lobbying for the UPC is a very bad idea which discredits the European Patent Organisation



  3. Links 26/9/2016: Linux 4.8 RC8, SuperTux 0.5

    Links for the day



  4. What Insiders Are Saying About the Sad State of the European Patent Office (EPO)

    Anonymous claims made by people who are intimately familiar with the European Patent Office (from the inside) shed light on how bad things have become



  5. The EPO Does Not Want Skilled (and 'Expensive') Staff, Layoffs a Growing Concern

    A somewhat pessimistic look (albeit increasingly realistic look) at the European Patent Office, where unions are under fire for raising legitimate concerns about the direction taken by the management since a largely French team was put in charge



  6. Patents Roundup: Accenture Software Patents, Patent Troll Against Apple, Willful Infringements, and Apple Against a Software Patent

    A quick look at various new articles of interest (about software patents) and what can be deduced from them, especially now that software patents are the primary barrier to Free/Libre Open Source software adoption



  7. Software Patents Propped Up by Patent Law Firms That Are Lying, Further Assisted by Rogue Elements Like David Kappos and Randall Rader (Revolving Doors)

    The sheer dishonesty of the patent microcosm (seeking to bring back software patents by misleading the public) and those who are helping this microcosm change the system from the inside, owing to intimate connections from their dubious days inside government



  8. Links 25/9/2016: Linux 4.7.5, 4.4.22; LXQt 0.11

    Links for the day



  9. Patent Quality and Patent Scope the Unspeakable Taboo at the EPO, as Both Are Guillotined by Benoît Battistelli for the Sake of Money

    The gradual destruction of the European Patent Office (EPO), which was once unanimously regarded as the world's best, by a neo-liberal autocrat from France, Benoît Battistelli



  10. Bristows LLP's Hatred/Disdain of UK/EU Democracy Demonstrated; Says “Not Only Will the Pressure for UK Ratification of the UPC Agreement Continue, But a Decision is Wanted Within Weeks.”

    Without even consulting the British public or the European public (both of whom would be severely harmed by the UPC), the flag bearers of the UPC continue to bamboozle and then pressure politicians, public servants and nontechnical representatives



  11. Released Late on a Friday, EPO Social 'Study' (Battistelli-Commissioned Propaganda) Attempts to Blame Staff for Everything

    The longstanding propaganda campaign (framing staff as happy or framing unhappy staff as a disgruntled minority) is out and the timing of the release is suspicious to say the least



  12. Links 23/9/2016: Latest Microsoft and Lenovo Spin (Now in ‘Damage Control’ Mode)

    Links for the day



  13. White Male-Dominated EPO Management Sinks to New Lows, Again

    Benoît Battistelli continues to make the EPO look like Europe's biggest laughing stock by attempting to tackle issues with corny photo ops rather than real change (like SUEPO recognition, diverse hiring, improved patent quality, and cessation of sheer abuses)



  14. Journalism 102: Do Not Become Like 'Managing IP' or IAM 'Magazine' (the Megaphones of the EPO’s Management)

    Another look at convergence between media and the EPO, which is spending virtually millions of Euros literally buying the media and ensuring that the EPO's abuses are scarcely covered (if ever mentioned at all)



  15. Journalism 101: Do Not Believe Anything That Benoît Battistelli and the EPO's Management Say (Also Don't Fall for the UPC Hype)

    A survey/review (or an overview) of recent articles about the EPO and why they're wrong (mostly because they parrot the official lies from Battistelli's department)



  16. Patent Law Firms, David Kappos, and IAM 'Magazine' Still Shelter Software Patents by Cherry-Picking and Lobbying

    Amid the gradual collapse of software patents in the United States there are disingenuous efforts to bring them back or maintain a perception that these patents are still potent



  17. Microsoft-Connected Patent Trolls Going Places and Suing Microsoft Rivals, Microsoft Wants More 'Linux Patent Tax'

    Microsoft-connected patent trolls like Larry Horn's MobileMedia are still attacking Microsoft rivals and Microsoft wants more money from Korea, after it attacked Linux with software patents over there (notably Samsung and LG)



  18. Links 22/9/2016: Linux Professional Institute Redesign, Red Hat Upgraded

    Links for the day



  19. Links 22/9/2016: Red Hat's Latest Results, GNOME 3.22 Released

    Links for the day



  20. The Patent Law Firms in the US Relentlessly Lobby for Software Patents Resurgence by Placing Emphasis Only on Rare Outcomes

    Decisions against software patents continue to be ignored or intentionally overlooked by patent law firms, which instead saturate the media with the few cases where courts unexpectedly rule in favour of software patents



  21. Links 21/9/2016: Lenovo Helps Microsoft Block GNU/Linux Installations

    Links for the day



  22. Like Big Tobacco Lobbyists, Benoît Battistelli and Team UPC Are Just Chronically Lying and Manipulating Politicians With Their Lies

    Benoît Battistelli and Team UPC continue to meddle in politics and mislead the public (through the press) about patent quality as well the UPC, which is now in effect sunk inside the ashtray of history



  23. The EPO's 'Investigative' Function is Totally Out of Control and Continues to Get Bigger, Whitewashed by So-called 'Review'

    An update on the situation which still causes great unrest at the European Patent Office (EPO), namely abuse of staff by the so-called Investigative Unit (Eponia's equivalent of unaccountable secret services)



  24. Microsoft and Patent Law Firms in the United States Can't Stop Writing About McRo in a Coordinated Push to Resurrect Software Patents

    Microsoft is pursuing more Linux 'patent tax' (using software patents) and patent law firms are preoccupied flooding the media with their shameless self-promotion which is also software patents promotion



  25. For Abuse Like Plagiarism and Malpractice, the US Patent System is Still World Champion

    Low patent quality, abusive litigation (e.g. by patent trolls) and various other elements that globally discredit the USPTO are only symptoms of a wider problem, which is a greedy system motivated by neo-liberal values rather than professionalism and servitude



  26. Links 20/9/2016: GNOME 3.22 Preview, Absolute 14.2 Released

    Links for the day



  27. Links 19/9/2016: Linux 4.8 RC7, KDevelop 5.0.1

    Links for the day



  28. Patents Roundup: Disclosure Requirements, Mobile Patents, Patent Lawyers' Plagiarism, USPTO Getting Sued, and Corporate Domination of the Patent System

    The unwanted elements of the patent system (as it stands at present) illuminated by very recent news and patent court cases



  29. With or Without the UPC (Which Will Probably Never Happen) Battistelli is Crushing the EPO and Ejects Experienced Staff, a Future Without Examination Possible

    A pessimistic but probably realistic take on what is happening at the European Patent Office (EPO), which is undergoing a silent transformation so wide-ranging that stakeholders deserve to know about it



  30. When EPO Liar-in-Chief Benoît Battistelli Defamed His Staff in Parliament, Comparing Them to Nazis and Criminals

    A reminder of the audacity of Benoît Battistelli, who in his capacity as a politician -- a problem in its own right -- slanders EPO staff


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