Bonum Certa Men Certa

Does Microsoft Really Have List of Patents GNU/Linux Supposedly Infringes?

Spreadsheet



Summary: Motorola is countersuing Microsoft and possibly wakes up the IBM patent beast, whose OIN pool grows larger; the chances seem slim when it comes to Microsoft in the mobile arena, so patent extortion moves forward

IN A HUGE debate which goes back to 2007, software freedom proponents confronted Microsoft after empty allegations that Linux was violating over 200 unnamed Microsoft patents. Microsoft explained that paperwork was the reason for lack of specifics, but to everyone else it seemed clearer that Microsoft was just 'pulling a SCO' by making empty allegations which it refused to back with evidence. This is a violation of the law in some places. Veiled threats, if tolerated as a phenomenon, can be exceptionally harmful.



Microsoft's latest lawsuit against Linux (or a company selling Linux) picked the wrong target.

Motorola is now blasting Microsoft in response to Microsoft's two patent-related attacks, which resulted from no provocation at all (Microsoft uses patents offensively, not defensively). Here are the details:

Motorola has countersued Microsoft, alleging infringement of sixteen patents by Microsoft's PC and server software, Windows mobile software, and Xbox products.

On Wednesday, with a press release, Motorola said that its subsidiary, Motorola Mobility, filed suit against Microsoft in the US District Courts for the Southern District of Florida and the Western District of Wisconsin.


Yesterday in our IRC channels we talked some more about Microsoft's foolish decision to take on Motorola. Oiaohm quietly pointed out that if one goes through IBM and Motorola press releases "You will see they work with each other closely."

"Attacking Motorola is an indirect attack on IBM," explained Oiaohm, "[s]omething I can expect the idiots in MS legal department of [overlooking.]"

"Yes, I know," I replied, referring to their chips. Motorola and IBM probably share processor research, amongst other things.

"And a lot more," Oiaohm expounded, mentioning a "joint anti patent aggression agreement." As a reminder, IBM is the last company whose nest Microsoft would want shaken up. IBM is the dominant party behind the OIN, which has just grown a lot bigger with the parent company of SourceForce. Yes, Geeknet is joining:

Geeknet and Open Invention Network (OIN) today announced the signing of Geeknet as an OIN licensee. OIN's mission is to enable and protect Linux. By becoming a licensee, Geeknet, the online network for the global geek community through sites such as SourceForge and Slashdot, has joined the growing list of companies that recognize the importance of participating in a substantial community of Linux supporters and leveraging the Open Invention Network to further spur open source innovation.


That's from the new press release.

One press release of Motorola and IBM says: "IBM and Motorola are joining forces to accelerate the technology that will help automakers bring a variety of wireless and Web-based services to drivers and passengers worldwide. Announcing their strategic relationship today, the two companies will work together to provide the end-to-end resources that will help automakers offer next generation products and services to their customers.

"Motorola and IBM plan to combine their technologies, products and services for a joint approach to the auto manufacturers. By leveraging each other's expertise and industry leadership, the two companies will establish an integrated approach to help auto manufacturers get the next generation of telematics products to market quickly and meet the growing customer demand for enhanced, in-vehicle communication/information/entertainment systems."

"I want MS to push stupidly forwards," wrote Oiaohm, "[a]nd trigger the Motorola-IBM agreement."

An important observation worth making is that Microsoft is getting more vague or narrow wrt patents over time. First they alleged that SUSE GNU/Linux was violating patents (2006), with LG it was just Linux (2007), with Samsung it was Linux-related software (2007), and later it was just FAT (TomTom in 2009 and Motorola in 2010). The recent settlement deal which mentions OS patents vaguely says something about portfolio and does not mention Linux at all (2009, Salesforce).

“[T]he patent legal struggle could even lead to the iPhone being banned from sale in the US”
      --Benjamin Henrion, FFII
Over the past 4 years (since we started this site) Microsoft has been focusing on the use of software patents to stifle competition. It has also been using mobbyists to give the illusion of support from the public and/or from the industry at large. It's just AstroTurfing and they still take Microsoft's side, as expected (no hyperlinks needed).

Yesterday we wrote about Microsoft's struggle in the mobile market (it is failing yet again) and Charles Arthur, who last week wrote an article criticising software patents in the UK, says that "billions at stake in the smartphone patent wars," which ought to explain all the aggression.

Billions of dollars are at stake for companies including Apple, Google, BlackBerry maker RIM, Nokia and Microsoft. The legal struggle could even lead to the iPhone being banned from sale in the US – if Nokia gets its way in one dispute that has gone to the International Trade Commission (ITC).


"More of this," writes Benjamin Henrion from the FFII regarding the article above, "the patent legal struggle could even lead to the iPhone being banned from sale in the US" (whilst Oracle is suing to harm Android much to Apple's convenience [1, 2, 3]).

Vista Phony 7 [sic] cannot really compete in this space, so Microsoft is looking for other ways of making money from it. Under the "Microsoft Death Watch" series Wayne carries on with the investigation that now comes to down to phones:

And here we have John Gruber saying that an insider told him that Microsoft only managed to sell 503 KIN phones. Business Insider also covered the sales numbers, with a lot of speculation on how many really sold, and coming up with numbers from 500 to 10,000, but suspecting that it was probably less than 1000. Microsoft of course, isn’t talking.

The exact number doesn’t matter. What matters is that the product didn’t sell well, and the phone Accessory Ecosystem got burned badly.

What lesson did the Accessory Ecosystem learn?

Simple. It’s more profitable to build accessories for IPhones and other Apple products than it is to build them for Microsoft phones.

Which makes me wonder how well the new Windows 7 phones are being supported with accessories? Not very well. A quick check on the website of a local Big Box retailer gives me a strong impression that the only accessories available for Windows 7 Phones are those that fit other phones (SD Cards, Bluetooth Headsets).

So what we have is a feedback loop. Since the last phone didn’t sell well, and the accessory makers got burned, they aren’t supporting the current phones, which means that sales of the current phones will suffer, because you can’t buy the accessories that you want.


We'll end this post with the Identi.ca rant of John Drinkwater. The "lawsuit from Microsoft aimed at Motorola is maddening hypocrisy. Claims that Motorola is seeking royalties based on retail price of products (Xbox, Win7, WinPh7) rather than based on price of component software and hardware that actually relates to the patents," he writes.

It is "exactly what Microsoft has been shaking HTC, Samsung, Motorola (et al) down for wrt Android, royalties around Free software," John adds. "This is Microsoft showing what it does if you don’t ‘licence patents and pay fees’ around Android." John tagged it #mafia #protectionracket and #motorola. On numerous occasions we have explained why it's racketeering [1, 2, 3, 4, 5, 6, 7]. Microsoft recently paid ACCESS/Acacia [1, 2, 3] and it will be interesting to see if ACCESS/Acacia attacks Linux and Android vendors in months to come. Acacia already has, reaching a settlement at best [1, 2, 3].

"It seems unfortunate if we do this work and get our partners to do the work and the results is that Linux works great without having to do the work. [...] maybe we could patent something related to this."

--Bill Gates

Comments

Recent Techrights' Posts

Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
 
GAFAM Paying the Price for Pursuing US Military Money (Taxpayers' Money as 'Stimulus' With Strings Attached)
The "cloud" in cloud computing is a cloud of smoke
Observing Slop's Demise
If energy becomes more scarce, then one rare/side perk (or upside) will be slop companies screaming for lifeboats
Links 06/04/2026: Crackers Breached the European Commission, Why "Old Way of Campaigning Won’t Cut It Anymore"
Links for the day
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day