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

02.07.11

A Paralegal’s Take on Microsoft’s Latest Anti-Google (and Anti-FOSS) Moves

Posted in Deception, Free/Libre Software, GNU/Linux, Google, Microsoft, Patents, Search at 12:39 pm by Dr. Roy Schestowitz

Noogler
Photo by Tduk Alex Lozupone

Summary: Groklaw responds to some of Microsoft’s latest attacks on software freedom and anti-competitive practices, especially where Google is concerned

Microsoft is poisoning Google just like it generally poisons the Free/open source software (FOSS) community, using software patents and more. In relation to the article “Microsoft tries undoing Chrome’s H.264 omission,” Groklaw writes: “How do we translate this? That they want to attack VP8 with patents they dig up somehow and thus try to shove forward their own patent-encumbered offering or at least get paid no matter what?”

“[T]hey want to attack VP8 with patents they dig up somehow and thus try to shove forward their own patent-encumbered offering or at least get paid no matter what?”
      –Pamela Jones, Groklaw
Well, Groklaw seems to have taken great interest in this (so have we [1, 2]), especially given patent litigation against Google as of late, especially from Microsoft and allies of Microsoft. Groklaw also writes a response to spin from Dean Hachamovitch from Microsoft (IE team). “How would a promise from Microsoft alone do any good,” Groklaw asks. “Read the history of JPEG if you think that any of Microsoft’s suggestions would guarantee that no idiot will show up with a patent granted by the crazed USPTO and start suing people, no matter what anyone does. Software patents are the problem, and there is no solution other than to get rid of them. And “reasonable licensing terms” are unreasonable in that it breaks the openness of the Internet. Microsoft would like to pretend that the GPL doesn’t matter, and that the big proprietary guys can just ignore it and turn the Internet into a proprietized, closed environment that you can’t enter and enjoy unless you pay. And I don’t think you can claim to be “agnostic” if your solutions enforce acceptance of H.264 by one method or another.”

While Google makes advances, Microsoft is in search of a new cash cow or common carrier and search may be one such carrier because of advertising. To Microsoft, all that’s left now are patents and cheating because nothing else has worked after years of billions in spendings down the drain. Recently we found out that Bing is ripping off Google search results [1, 2]. Groklaw covered many articles about it (a true fixation), along with commentary. This whole affair helps shatter Microsoft’s cases against Google (by proxy) — cases that claim Google’s results are unfair or not “neutral”. “So if we were to read that some entity filed a complaint against Google with some regulatory body,” writes Groklaw, “demanding that Google reveal its algorithms as one form of relief, and we learn that Microsoft is behind the entity in the shadows somewhere, what might that tell us?

“So I guess it’s official. Google’s algorithms are better than Bing’s. At least Microsoft seems to think so. Say, is this some kind of copyright violation? Trade dress? Violation of your privacy? Hmm. Deep thoughts begin…”

“So I guess it’s official. Google’s algorithms are better than Bing’s.”
      –Pamela Jones, Groklaw
It also turned out that Microsoft was tracking users who use Google. Nice, eh? So it’s not just a Google ripoff but also a privacy violation. “And speaking for myself,” writes Groklaw, “I don’t want my search data shared with anybody. But even if I did, I wouldn’t want them used to copy off of Google’s paper, so to speak.”

Here is the source of Google’s allegation. “The live forum where Google’s Matt Cutts made his announcement about Bing copying Google’s results is still going on,” Groklaw calls it. “The link will take you there.”

Then, regarding the news headline “Microsoft’s Bing Uses Google Results – And Denies It,” Groklaw writes: “It should stop if only because now it’s been demonstrated that a competitor can skew your results into Never Never Land. It was a one-time experiment, to demonstrate the copying, but any search engine team now knows that copying isn’t reliable.”

“It was a one-time experiment, to demonstrate the copying, but any search engine team now knows that copying isn’t reliable.”
      –Pamela Jones, Groklaw
Microsoft started a fake controversy to distract from the fiasco. It’s truly pathetic. Groklaw responds: “And who made that happen? Seriously. How dirty does this get? And if I might ask the next logical questions, if Microsoft really believed Google manipulated search results, would it copy them? Maybe someone needs to investigate Microsoft for instigating specious investigations?”

Microsoft booster Harry McCracken (he got a free laptop from Microsoft) played along with the fake controversy as he called it a “squabble” in the headline. Groklaw responds with: “I wouldn’t call it a squabble, personally. I’d call it an ethical issue. And that’s why Microsoft can’t understand why people care, I suspect.”

Kym McNicholas pretty much agreed with Groklaw when she published “Microsoft’s Nonsense Response To Google” and claimed: “Google, this week, accused Microsoft of stealing its results. NBC Bay Area’s PressHere scheduled Google’s man behind search, Dr. Amit Singhal, to be on this week’s broadcast with host Scott McGrew. I was one of the guest interviewer’s along with Mashable’s co-editor Ben Parr. Singhal explained to us how he and his team discovered that Bing may be leveraging Google’s search results. Microsoft, whom McGrew says has failed to follow-up on scheduling an appearance on his show, instead decided to send him a taped response to Google’s accusations. It’s worth watching the show this Sunday at 9am PT on NBC Bay Area to hear that. If you prefer, here is the segment from the show, below…”

In one of the spin articles, titled “Microsoft says Google used click fraud to orchestrate Bing Sting,” the author says that “Microsoft is now accusing Google of using a form of click fraud to set up its Bing Sting, a stunt unveiled by the search giant at the Farsight 2011 tech conference in Silicon Valley.” Groklaw sarcastically replies with: “I see Microsoft is really, really sorry.”

Microsoft’s blame games are a classic and very familiar game. The accuser from Google, Matt Cutts, wrote about this in his blog:

I didn’t expect that Microsoft would deny the claims so strongly. Yusuf Mehdi’s post says “We do not copy results from any of our competitors. Period. Full stop.”

Given the strength of the “We do not copy Google’s results” statements, I think it’s fair to line up screenshots of the results on Google that later showed up on Bing…

Murdoch’s press has the rather deceiving headline “Search Engine Slap Fight: Microsoft Denies Cheating, Blames Google”. Microsoft says: “In simple terms, Google’s ‘experiment’ was rigged to manipulate Bing search results through a type of attack also known as click fraud. That’s right, the same type of attack employed by spammers on the web to trick consumers and produce bogus search results.”

“And Bing didn’t catch it,” writes Groklaw. “That’s the bottom line to me, that Bing didn’t realize that the results were ridiculous. That makes me not trust Bing. Full stop.”

All the above is another sign among many signs of decline at Microsoft. Katherine Noyes from IDG published the article “Cheating Accusations Highlight Microsoft’s Decline”. In it she wrote:

For those who missed it, Google apparently conducted a “sting” operation recently by rigging a few select searches to display specific pages in the search results in its own search engine. It then told 20 employees to run the searches on their computers using Internet Explorer with “Suggested Sites” and the Bing toolbar enabled. Lo and behold, after a few weeks the searches began producing the same results on Bing.

[...]

There’s no doubt Microsoft was once an innovative player. Whatever your preference in operating systems or office software suites, for example, there’s no denying that Microsoft made a number of smart and innovative moves to create its current position of market dominance in both arenas.

Since then, however, the company has been on the decline. In the mobile arena, for example, its performance has been too little, too late, as exemplified by the woefully inadequate Windows Phone 7. Rather than innovating on quality, the company now resorts to the industry equivalent of dirty pool.

In defense of both Windows and Microsoft Office, for example, Microsoft has long been one of the primary sources of FUD about competing free and open source alternatives. CEO Steve Ballmer notoriously has called Linux “a cancer,” for instance, and the company has made patently obvious that it fears competition from the open source contender.

More recently, Microsoft created an anti-OpenOffice.org video–still up on YouTube–that amounted to nothing more than a smear campaign against the competition.

Novell’s gift of patents to Microsoft is also mentioned. Fortunately, the CPTN deal is coming under regulatory fire* and we found only 2 articles about it, one of which from SCO booster and anti-Linux activist O’Gara. The other one came from The H and just like the FSF, Michael Tiemann from the OSI wrote a statement giving credit to the US Department of Justice: “The Open Source Initiative commends the US Department of Justice for taking this important step to promote innovation by issuing a second request and deepening the investigation of CPTN’s acquisition of Novell’s patents. As we have stated, the history is clear: patents have been—and are likely to be—used by CPTN and its members to create fear, uncertainty and doubt concerning open source software, raise competitors costs and threaten customers. We trust and hope that following a thorough investigation, the DoJ will impose whatever measures are necessary to ensure that CPTN does not harm the commercial open source development model or market competition.”

The closure of Kin Studio — just like the closure of other projects/units (see our list of dead products from Microsoft) — is not even denied or spun by Microsoft boosters, so Noyes’s assertion that there is a “Microsoft decline” seems to be acknowledged quite widely. Microsoft is just playing dirty now, so people need to watch and report misbehaviour. Google performed an experiment to catch Microsoft red-handed and it should be commended — not reprimanded — for it.
_____
* The other part of the deal, which involved AttachMSFT [sic], was mentioned in Murdoch’s circles and the vulture fund was recently mentioned in Reuters which said: “Elliott Advisors has nearly 6 percent stake in Actelion”. It also said: “Elliott often takes on the role of an activist shareholder, and last year sought to buy business software company Novell (NOVL.O) after building an 8.5 percent stake in the company [ID:nSGE68E0IU].”

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. Today's European Patent Office Works for Patent Extremists and for Team UPC Rather Than for Europe or for Innovation

    The International Association for the Protection of Intellectual Property (AIPPI) and other patent maximalists who have nothing to do with Europe, helped by a malicious and rather clueless politician called Benoît Battistelli, are turning the EPO into a patent-printing machine rather than an examination office as envisioned by the EPC (founders) and member states



  2. The EPO is Dying and Those Who Have Killed It Are Becoming Very Rich in the Process

    Following the footsteps of Ron Hovsepian at Novell, Battistelli at the EPO (along with Team Battistelli) may mean the end of the EPO as we know it (or the end altogether); one manager and a cabal of confidants make themselves obscenely rich by basically sacrificing the very organisation they were entrusted to serve



  3. Short: Just Keep Repeating the Lie (“Quality”) Until People Might Believe It

    Battistelli’s patent-printing bureau (EPO without quality control) keeps lying about the quality of patents by repeating the word “quality” a lot of times, including no less than twice in the summary alone



  4. Shelston IP Keeps Pressuring IP Australia to Allow Software Patents and Harm Software Development

    Shelston IP wants exactly the opposite of what's good for Australia; it just wants what's good for itself, yet it habitually pretends to speak for a productive industry (nothing could be further from the truth)



  5. Is Andy Ramer's Departure the End of Cantor Fitzgerald's Patent Trolls-Feeding Operations and Ambitions?

    The managing director of the 'IP' group at Cantor Fitzgerald is leaving, but it does not yet mean that patent trolls will be starved/deprived access to patents



  6. EPO Hoards Billions of Euros (Taken From the Public), Decreases Quality to Get More Money, Reduces Payments to Staff

    The EPO continues to collect money from everyone, distributes bogus/dubious patents that usher patent trolls into Europe (to cost European businesses billions in the long run), and staff of the EPO faces more cuts while EPO management swims in cash and perks



  7. Short: Calling Battistelli's Town (Where He Works) “Force for Innovation” to Justify the Funneling of EPO Funds to It

    How the EPO‘s management ‘explained’ (or sought to rationalise) to staff its opaque decision to send a multi-million, one-day ceremony to Battistelli’s own theatre only weeks before he leaves



  8. Short: EPO Bribes the Media and Then Brags About the Paid-for Outcome to Staff

    The EPO‘s systematic corruption of the media at the expense of EPO stakeholders — not to mention hiring of lawyers to bully media which exposes EPO corruption — in the EPO’s own words (amended by us)



  9. Short: EPO's “Working Party for Quality” is to Quality What the “Democratic People's Republic of Korea” is to Democracy

    To maintain the perception (illusion) that the EPO still cares about patent quality — and in order to disseminate this lie to EPO staff — a puff piece with the above heading/photograph was distributed to thousands of examiners in glossy paper form



  10. Short: This Spring's Message From the EPO's President (Corrected)

    A corrected preface from the Liar in Chief, the EPO's notoriously crooked and dishonest President



  11. Short: Highly Misleading and Unscientific Graphics From the EPO for an Illusion of Growth

    A look at the brainwash that EPO management is distributing to staff and what's wrong with it



  12. Short: EPO Explains to Examiners Why They Should and Apparently Can Grant Software Patents (in Spite of EPC)

    Whether it calls it "CII" or "ICT" or "Industry 4.0" or "4IR", the EPO's management continues to grant software patents and attempts to justify this to itself (and to staff)



  13. Links 21/4/2018: Linux 4.9.95, FFmpeg 4.0, OpenBSD Foundation 2018 Fundraising Campaign

    Links for the day



  14. As USPTO Director, Andrei Iancu Gives Three Months for Public Comments on 35 U.S.C. § 101 (Software Patenting Impacted)

    Weeks after starting his job as head of the US patent office, to our regret but not to our surprise, Iancu asks whether to limit examiners' ability to reject abstract patent applications citing 35 U.S.C. § 101 (relates to Alice and Mayo)



  15. In Keith Raniere v Microsoft Both Sides Are Evil But for Different Reasons

    Billing for patent lawyers reveals an abusive strategy from Microsoft, which responded to abusive patent litigation (something which Microsoft too has done for well over a decade)



  16. Links 20/4/2018: Atom 1.26, MySQL 8.0

    Links for the day



  17. Links 19/4/2018: Mesa 17.3.9 and 18.0.1, Trisquel 8.0 LTS Flidas, Elections for openSUSE Board

    Links for the day



  18. The Patent Microcosm, Patent Trolls and Their Pressure Groups Incite a USPTO Director Against the Patent Trial and Appeal Board (PTAB) and Section 101/Alice

    As one might expect, the patent extremists continue their witch-hunt and constant manipulation of USPTO officials, whom they hope to compel to become patent extremists themselves (otherwise those officials are defamed, typically until they're fired or decide to resign)



  19. Microsoft's Lobbying for FRAND Pays Off as Microsoft-Connected Patent Troll Conversant (Formerly MOSAID) Goes After Android OEMs in Europe

    The FRAND (or SEP) lobby seems to have caused a lot of monopolistic patent lawsuits; this mostly affects Linux-powered platforms such as Android, Tizen and webOS and there are new legal actions from Microsoft-connected patent trolls



  20. To Understand Why People Say That Lawyers are Liars Look No Further Than Misleading Promotion of Software Patents

    Some of the latest misleading claims from the patent microcosm, which is only interested in lots and lots of patents (its bread and butter is monopolies after all) irrespective of their merit, quality, and desirability



  21. When News About the EPO is Dominated by Sponsored 'Reports' and Press Releases Because Publishers Are Afraid of (or Bribed by) the EPO

    The lack of curiosity and genuine journalism in Europe may mean that serious abuses (if not corruption) will go unreported



  22. The Boards of Appeal at the European Patent Organisation (EPO) Complain That They Are Understaffed, Not Just Lacking the Independence They Depend on

    The Boards of Appeal have released a report and once again they openly complain that they're unable to do their job properly, i.e. patent quality cannot be assured



  23. Links 18/4/2018: New Fedora 27 ISOs, Nextcloud Wins German Government Contract

    Links for the day



  24. Guest Post: Responding to Your Recent Posting “The European Patent Office Will Never Hold Its Destroyers Accountable”

    In France, where Battistelli does not enjoy diplomatic immunity, he can be held accountable like his "padrone" recently was



  25. The EPO in 2018: Partnering With Saudi Arabia and Cambodia (With Zero European Patents)

    The EPO's status in the world has declined to the point where former French colonies and countries with zero European Patents are hailed as "success stories" for Battistelli



  26. For Samsung and Apple the Biggest Threat Has Become Patent Trolls and Aggressors in China and the Eastern District of Texas, Not Each Other

    The latest stories about two of the world's largest phone OEMs, both of which find themselves subjected to a heavy barrage of patent lawsuits and even embargoes; Samsung has meanwhile obtained an antisuit injunction against Huawei



  27. The EPO Continues to Lie About Patent Quality Whilst Openly Promoting Software Patents, Even Outside Europe

    EPO patent quality continues to sink while EPO management lies about it and software patents are openly being promoted/advocatedEPO patent quality continues to sink while EPO management lies about it (the article above is new) and software patents are openly being promoted/advocated



  28. SCOTUS on WesternGeco v Ion Geophysical Almost Done; Will Oil States Decision Affirm the PTAB's Quality Assurance (IPRs) Soon?

    Ahead of WesternGeco and Oil States, following oral proceedings, it's expected that the highest court in the United States will deliver more blows to patent maximalism



  29. Links 17/4/2018: Linux 5.x Plans and Microsoft's 'Embrace'

    Links for the day



  30. The European Patent Office (EPO) Grants Patents in Error, Insiders Are Complaining That It's the Management's Fault

    The EPO has languished to the point where patents are granted in error, examiners aren't happy, and the resultant chaos benefits no-one but lawyers and patent trolls


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