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

LLM Slop is Not Reliable, Constitutes No Process of 'Thinking'; There's No Thought Process at All, No Grasp or Understanding, Let Alone Context
Lies have become the "business model" [...] More people ought to talk about it and explain to other people what LLMs really are
Not a Security Expert If You Cannot Manage to Keep Online a Simple Two-User Mastodon Instance Somebody Else Built
From uptime of ~99% to maybe 80%
Microsoft Has All the Symptoms of a Dying Company (Mass Layoffs of the People Who Built the Company)
the company's debt is going through the ceiling
For Effective 'Finlandisation' (Not Digital Sovereignty) to Be Replaced by Autonomy Finland Needs to Think Like GNU (Software Freedom), Not Linux (Openwashing Source, Plus LLM Slop and Killswitches)
What is 'Finlandisation'?
IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
 
"Microsoft Goodwill and Intangible Assets" Down Two Years in a Row, According to Microsoft
Microsoft cannot sell these, so what is their real relevance?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 15, 2026
IRC logs for Friday, May 15, 2026
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding
The Corrupt Lecture the Non-Corrupt - Part XXIV - Luis Berenguer Giménez at the EPO (European Patent Office) Became the Punchline of EPO Staff
"the fact that Luis was caught with cocaine causes laughter. The use of cocaine in itself is not the real shocking bit."
IBM Keeps Culling Essential Linux, Fedora, GNOME, and GTK Staff
Over a month ago IBM laid off over 400 Red Hat engineers
Cisco Cuts Nearly 4,000 Jobs Because of Debt, Nothing to Do With Slop
The media keeps talking about revenue, not profits
Gemini Links 15/05/2026: UDP Game Forwarding Over SSH, Avoiding LLMs, and Alhena 5.5.9
Links for the day
Links 15/05/2026: Electric Company Shuns Entire Town to Prioritise Only Data Centres, Saudi Arabia and U.A.E. Carried Out Secret Attacks in Iran
Links for the day
Focus is Important, Focus is Everything
We are still running 6 multi-part series in tandem
Guest Post on False Marketing and PR Blitzes by Anthropic
A lot of people my age are just tired of the nonsense
Links 15/05/2026: UK antitrust regulator is officially investigating Microsoft Office, Anthropic’s Fraudulent Lies About Mythoslop Don't Withstand Scrutiny
Links for the day
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026