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

03.19.11

Microsoft-hired Lawyer Deletes Reference to Microsoft Employment and Goes GNU Hunting Amid New FUD Campaigns

Posted in FUD, GNU/Linux, Red Hat at 6:26 pm by Dr. Roy Schestowitz

Moose

Summary: The smear campaign against software freedom and where it is coming from

ANOTHER week, another lump of slime from the Microsoft camp. Microsoft Florian and the gang have been having a lot of fun this week, fueled by fellow FUDmeisters to whom software freedom is a reconnaissance of fascism and the end of commerce (typical FUD which is actually the exact opposite of the truth). Even though the FUDmeisters are largely ignored and even ostracised by the Free software community, some in the mainstream press are easily fooled by it, maybe even by choice.

Bradley M. Kuhn explains that he “was hoping to avoid having to comment further on this problematic story [of GPL FUD]. I figured a comment as a brief identi.ca statement was enough when it was just a story on the Register. But, it’s now hit a major tech news outlet, and I feel that, given that I’m typically the first person everyone in the Free Software world comes to ask if something is a GPL violation…”

To quote the ‘meat’ of his counter-argument:

Anyway, most of what’s been written about this subject of the Linux headers in Bionic has been poorly drafted speculation. I suppose some will say this blog post is no better, since I am not answering any questions, but my primary goal here is to draw attention that absolutely no one, as near as I can tell, has done the incredibly time consuming work to figure out anything approaching a definitive answer! Furthermore, the original article that launched this debate (Naughton’s paper, The Bionic Library: Did Google Work Around the GPL?) is merely a position paper for a research project yet to be done.

Naughton’s full paper gives some examples that would make a good starting point for a complete analysis. It’s disturbing, however, that his paper is presented as if it’s a complete analysis. At best, his paper is a position statement of a hypothesis that then needs the actual experiment to figure things out. That rigorous research (as I keep reiterating) is still undone.

Some spectators who came to our main IRC channel thought this was part of a Microsoft PR offensive. Well, it’s not necessarily so far from it. We will avoid linking to the FUD directly (or to those who fueled it) and instead link to responses such as this one, which missed a crucial bit of information about the obscure firm from which the FUD originates. It is daemonising Google, Linux, and the GPL all at the same time. Quite the ace, eh? “Edward J. Naughton bio gets revised,” claims the text at Groklaw and Pamela Jones writes: “Edward J. Naughton, the attorney Huffington Post just published claiming Android may be in violation of the GPL has done work for Microsoft. Surprised much? His article states this at the end: “The views expressed are my own individual views and should not be attributed to any clients.” Nevertheless, at least one of them may be delighted.

“His bio has changed recently. The link above is to its current state, where you will not find any mention of Microsoft. It’s been changed to a “Fortune 50 software company”. Here’s what used to be on it, still in Google cache, a snapshot taken recently, on March 8…”

Further it says:

- Co-counsel defending Microsoft against a putative consumer class action alleging that it had violated wiretapping statutes and common law privacy rights by designing Windows to permit third parties to place cookies on computers. Obtained dismissal of complaint….
- Represented Microsoft in several dozen lawsuits against resellers and corporate end-users of counterfeit, infringing, and unlicensed software. – Brown Rudnick bio page for Naughton

Over at IDG, Brian P. (former Linux Today editor) says with his tongue in his cheek that “Helpful lawyers think Google stole Linux code”. To quote the opening: “By now you have likely heard the noise about Google possibly violating the GPL by using Linux header files to create a new BSD-licensed library that userspace applications can interface with the Android kernel.

“The allegation comes from Brown Rudnick partner Edward Naughton, who has done quite a bit of research into the matter and has come up with a 10-page report that highlights what he believes are serious concerns for Android’s implementation.”

Brian’s colleague, Zonker, makes the important point: “Lawyer behind Android infringement claim has Microsoft ties”

Edward J. Naughton, is out promoting the idea that Android violates the GPL over on Huffington Post. But Naughton seems to be hiding his ties to Microsoft.

Compare Naughton’s bio on Brown Rudnick’s site and then compare to the Google cached version.

Here’s the original, with my emphasis:

Co-counsel defending Microsoft against a putative consumer class action alleging that it had violated wiretapping statutes and common law privacy rights by designing Windows to permit third parties to place cookies on computers. Obtained dismissal of complaint.

Microsoft is now redacted to read “Fortune 50 software company” in two places on his bio. Now, if you read through the entire thing, most of Naughton’s experience is cited vaguely rather than naming specific clients. However, the Google snapshot is of the page on March 8. Naughton’s story on HuffPo is from March 16. I find it a bit odd that his bio changed sometime in the last eight days to specifically retract Microsoft. Maybe in the last eight days, completely independent of Naughton’s publishing a broadside against one of Microsoft’s largest competitors, someone at his law firm said “hey, this goes against our style guide — we better edit it.” Maybe Microsoft contacted his law firm and asked not to be named specifically — that happens, some companies don’t like being singled out for case studies or customer win stories.

This is not exactly the “most ethical” company in the world, eh?

“That is the guy that claimed Android is a trap,” gnufreex commented, “with “GPL virus” (not with th[ose] words, but that is what he meant) [...] And FMtroll [Microsoft Florian] linked it also.” He has been twisting some other old events to daemonise Red Hat last week and so did his online friend Maureen O’Gara, whom Microsoft has been using to “plant” Linux-hostile stories. “(maureen o’gara alert),” appended Susan Linton some days ago, which shows just what kind of notoriety these people have earned for themselves. Their role is to push agenda, not to report news. Speaking of which, Joseph Tartakoff who previously served as the Microsoft booster (full-time) at the Seattle P-I shows that his predecessor is leaving the Microsoft-sponsored TechFlash. Based on this report, it is not entirely clear if he will just promote Microsoft full-time from another source. “The new site,” it says, “will still revolve around Cook’s coverage of venture capital and tech startups, as well as Bishop’s reporting on Microsoft and major tech companies like Apple and Google, Cook said in a phone interview.”

Does that mean less emphasis on Microsoft? Let us hope so.

This month and last month Tartakoff reported on Microsoft’s continued destruction of Yahoo! (although the details about what Microsoft did are omitted like in every good case of revisionism). Microsoft is not a scapegoat, it is a very destructive company without any morals — a result of sociopathic management.

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. The European Patent Office, Aloof/Apathetic to Inventors and Human Rights, Simply Cannot be Trusted With the Unitary Patent (UPC)

    The European Patent Office (EPO), once a source of great pride for increasingly-unified Europeans, not only wants to enjoy impunity but also wants to attain new powers, despite demonstrating that its interests are anything but European and are often detrimental to Europeans, not just to European inventors



  2. Feedback About Battistelli's 'Meet the President' Event in Rijswijk (4th of February, 2016)

    President of the EPO, the self-absorbed Battistelli, as described by those who attended his self-glorification event earlier this month



  3. Microsoft Continua Usando Patentes de Software para Extorsionar/Chantajear Incluso Más Compañías que Usan Linux, Forzandolas/Coerciendoles a PreInstallar Basura de Microsoft

    Acer es el último gran OEM que se ha convertido en la caza de brujas por parte de Microsoft contra preinstalladores de Android/Linux, a quienes esta coerciendo en convertirse en transportistas de Microsoft (o enfrentarse a litigaciones sobre patentes de software, con altos costos legales sino bloqueos con altísimos costos por arreglos secretos).



  4. Nuevas Protestas Contra La Vil OEP en Medio de Crisis Nerviosa de su Empleado Español (Después del Matoneo Institucional de Los Chacales de Battistelli), España Rechaza la Patente Unitaria UPC

    Enfrentando enorme presión de no-tecnicos Eurocráticos como Battistelli, España permanece FUERTE y RESISTE la Corte Unitaria de Patentes (UPC), que pone más poder en las manos de un cuerpo ABUSIVO que grotescamente discrimina contra los Españoles.



  5. Sólo Media Docena de Patentes Cubana Registradas en la OEP, Pero el Trístemente Célebre Battistelli Va a Cuba a Acumular Apoyo Baráto

    Ahora que España esta antagonizando a la OEP (y especialmente la UPC) el Presidente de la OEP ayuda a crear piezas de hojaldre en español cuando visitó Cuba y sus vecinos hispano-hablanetes que históricamente son renombrados por su gobernabilidad desaparecida así como su ilegalidad (como la OEP misma)



  6. In Lawyerland, Simulated UPC 'Trials' and More Extraordinary EPO Propaganda for Change That Would Harm Europe to Help Patent Lawyers and Their Big Clients

    A look at the latest wave of lobbying for the Unitary Patent Court (UPC), courtesy of patent lawyers who profit from patent disputes, and the utterly shameless marketing from the European Patent Office (EPO)



  7. Apple and Microsoft Cannot Keep Up With Android (Linux), More Layoffs Reported

    Having failed to grow (in the operating systems market share sense), proprietary software giants lose loyalty, try to attack the winner (Android/Linux) with software patents, and inevitably make their staff redundant



  8. Links 12/2/2016: Russian's Government With GNU/Linux, India's Wants FOSS

    Links for the day



  9. New EPO Protests Amid Nervous Breakdowns of Spanish EPO Employee (After Institutional Bullying by Battistelli's Goons), Spain Rejects the Unitary Patent (UPC)

    In the face of enormous pressure from non-technical Eurocrats like Battistelli, Spain remains strong and resists the Unitary Patent Court (UPC), which puts more power in the hands of an abusive body that grossly discriminates against Spaniards



  10. Only Half a Dozen Cuban Patents Filed at EPO, But Hugely Unpopular Battistelli Goes to Cuba to Garner Cheap Support

    Now that Spain is antagonising the EPO (and especially the UPC) the President of the EPO helps create some puff pieces in Spanish as he visits Cuba and neighbouring Spanish-speaking nations which are historically renowned for defunct governance and lawlessness (like the EPO itself)



  11. Nepotismo de la UPC, Abusos Políticos, y el Envolvimiento en la UPC de la Firma ¨Legal¨ que la OEP Contrato para Matonear a Techrights

    La Corte Unitaria de Patentes UPC, un sistema arregaldo esta siendo embestida por la gargant de Europa por la OEP. (Nos están metiendo la yuca). Sus grandes clientes (incluso extranjeros), con sus abogados de patentes para que todo el mundo los vea.



  12. Miembro del Parlamente Europe Resalta ¨Las Continuas Violaciones de los Fundamentales Derechos de los Empleados de la OEP¨

    Pregunta a la Comisión Europea de parte de la MEP Portuguesa Ana Gomes, publicado en el sitio del Parlamente Europeo.



  13. Links 11/2/2016: LibreOffice 5.1, HMRC and FOSS

    Links for the day



  14. Microsoft Continues to Use Software Patents to Extort/Blackmail Even More Companies That Use Linux, Forcing/Coercing Them Into Preinstalling Microsoft

    Acer is the latest large OEM to have become a victim of Microsoft's witch-hunt against Android/Linux preloaders, whom Microsoft is coercing into becoming Microsoft's carriers (or face litigation over software patents, with high legal fees if not injunctions or high damages upon secret settlements)



  15. EPO Brain Drain (Even Directors Fed Up With Team Battistelli) and Rumours About Battistelli Becoming President of the UPC

    Words heard through the grapevine of the European Patent Office (EPO), where staff is overwhelmingly against the managers and some people, including high-profile staff, add to the exodus



  16. More Than 20 Years in the Line: European Patent Office and Claims of European Convention on Human Rights Infringement Against Applicants/Stakeholders

    Gross incompetence and potentially an infringement of the European Convention on Human Rights at the European Patent Office (EPO), this time impacting an applicant (one of many in a similar position)



  17. UPC Nepotism, Political Abuses, and UPC Involvement From the Legal Firm That EPO Hired to Bully Techrights

    The Unitary Patent Court (UPC), a rigged system that is being rammed down Europe's throat by the EPO, its big clients (even foreign), and their patent lawyers laid bear for people to see



  18. Member of European Parliament Brings Up “Ongoing Violations of the Fundamental and Employment Rights of the Staff of EPO”

    Question to the European Commission from Portuguese MEP Ana Gomes, as published in the site of the European Parliament



  19. La Oficina Europea de Patentes Pretende que No Pasa Nada y Prepara una Feria de Vanidad

    La estrategia de relaciones públicas de la OEP cuya destructiva estrategia de patentes continua sin disminución (por ahora), se engancha en Colombia y se esfuerza en manufacturar el mito donde el público, examinadores de patentes, y aplicantes de patentes todos estan muy felices con la OEP.



  20. La ‘Internacional’ Commisión de Comercio Impone/Reenfuerza Patentes de Software para Establecer Otro Embargo

    La Comisión Internacional (sic) de Comercio se esta entrometiendo en competición de nuevo permitiendo a un gigante de los Estados Unidos Ciso en este caso, a potencialmente bloquear rivales (no importaciones del extranjero) usando patentes de software.



  21. Links 9/2/2016: Linux in Robotics, Hyperledger Project

    Links for the day



  22. Besieged Benoît Battistelli Mimics 'Damage Control' Tactics of FIFA or Blatter as More Judges Start Getting Involved in EPO Scandals

    Rumours and a new rant from Battistelli reinforce suspicions that actions are being organised behind the scenes, possibly as part of an upcoming, high-level campaign to unseat/dethrone Battistelli, who has become a reputational disaster to the European Patent Office (EPO), much like Sepp Blatter at FIFA



  23. Several Political Parties Directly Challenge the European Patent Office for Ignoring the Law, Not Obeying Court Orders

    Politicians make it crystal clear that the EPO, despite its unique status, cannot just raise its nose at the rulings of courts of law, definitely not in Dutch territory where the EPO operates



  24. Even the Legal Community is Upset at Benoît Battistelli for the Damage He Did to the EPO

    A recent article from lawyers' media (in German) speaks of the great damage (or mess) left by its current president, who has become somewhat of a laughing stock and growingly synonymous with farcical trials even in the circles of stakeholders, not just his own staff



  25. EPO Union (SUEPO) Getting Busted: “More and More People are Joining the Union, but Fewer and Fewer People Dare to Take on Leading Positions There.”

    The union-busting actions taken by EPO management in collaboration with Control Risks (for weak accusations against staff representatives) and FTI Consulting (for 'damage control') as described in a recent article, in the words of SUEPO lawyer Liesbeth Zegveld



  26. Microsoft's Copyrights- and Patents-Based Attacks on GNU/Linux Carry on

    The SCO case is still going on and Microsoft has just signed a patent deal with GoPro over its FOSS-based software, relating to “certain file storage and other system technologies”



  27. The EPO's Benoît Battistelli is the Dictator Who Can No Longer Dictate Like He Used to

    The European Patent Office's mechanism of oversight is starting to work just a little because, based on a new report from Juve, Battistelli is now reluctant to make proposals that would prove unpopular among delegates



  28. La Más Detallada Explicación (hasta ahora) de ¿Qué esta mal con la OEP?

    La insistencia de la OEP que permanece arriba de la ley no sólo est bajo fuego en los medios pero también esta siendo desafiada basado en personas familiares con la aplicabilidad de la ley a organizaciones internacionales.



  29. Links 8/2/2016: Vista 10 Nags Help GNU/Linux, Nautilus Updated

    Links for the day



  30. The European Patent Office “is Acting as Though the Law Does Not Apply to It.”

    An article from Nieuwsuur which provides the words of Liesbeth Zegveld (for SUEPO) and Guillaume Minnoye (for the European Patent Office), reaffirming the EPO's bizarre notion that it is above the law, even in the face of human rights violations and a court ruling against the EPO


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