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

03.21.11

Patent Extortion Still Microsoft’s Primary Anti-Linux Strategy, Show New Lawsuits

Posted in GNU/Linux, Google, Microsoft, Patents at 5:07 pm by Dr. Roy Schestowitz

“Where are we on this Jihad?”

Bill Gates

Ballmer on patents
Original cartoon

Summary: Microsoft sues three more companies for using the Linux-based Android whilst In Re Bilski reportedly invalidates computer system patent claims

MY WIRED INTERNET connection ought to be set up by midnight tomorrow, but there is not a moment even to rest before the miserable, unethical bully is trying to make money out of the competition. Microsoft wants the world to know that it owns Android and any Android user must pay for some unknown patents that are not even valid outside the United States and were never really brought to court (it all began with Novell’s secret patent deal in 2006). As the Motorola case shows, Microsoft wants to prevent such cases from leaving Android and Linux in the clear, so it puts up heaps of ammunition, trying to lead to mysterious settlements. It’s the SCO tactic, but this time Microsoft is litigating directly rather than fund those who already do. Barnes & Noble, Foxconn, and Inventec probably refused to pay Microsoft, so the arrogant monopolist is suing, as if it owns the entire industry, even its competition which is based on Free/libre software, where patents are rightly seen as antithetical. Microsoft is suing all three companies simultaneously (or at least announcing it in this fashion), which means it is trying to make them buckle under legal fees/burden and scare anybody else who uses Linux in a device. Here is the FUD from Microsoft:

Microsoft Corp. today filed legal actions in the International Trade Commission and the U.S. District Court of the Western District of Washington against Barnes & Noble, Inc. and its device manufacturers, Foxconn International Holdings Ltd. and Inventec Corporation, for patent infringement by their Android-based e-reader and tablet devices that are marketed under the Barnes & Noble brand.

This is fancy language for racketeering [1, 2, 3, 4, 5, 6, 7], trying to make the mafia look like a gentlemen’s club, as usual. Microsoft Florian is jubilant about it, as usual (celebrations in his blog, the clients must be happy!). But Microsoft will carry on telling the gullible ones that it “loves open source”, right? The OSI is not buying it.

To end this with a less negative tone, there is good news about the case of Bilski, which now invalidates “Computer System Claims”. To quote the primary source, “In an interesting opinion, DC District Court Judge Rosemary Collyer has ruled Alice Corp’s four asserted patents invalid under 35 U.S.C. § 101 for failing to claim patentable subject matter. This case can be seen as flowing from the Supreme Court’s recent decision in Bilski v. Kappos, 130 S. Ct. 3218 (2010).”

“This hopefully validates our focus on the patent issues and on Microsoft, which is very unique in that regard.”This not the first such example of In Re Bilski killing CII-type patents. Here is one example that we covered. On the other hand, Microsoft has been trying to pollute Europe with software patents, as we last showed the other night. See the new tweet which says: “”algorithms”, yay #swpat #assuch http://j.mp/eTsswT · RT @EPOorg: Patent examiner jobs at the EPO: www.epo.org/examiner-fields”

Microsoft’s relentless lobbying is trying to make software patents go global, which harms not only Linux but just about any company that develops or even uses software. As far as Microsoft is concerned, the whole world can be nuked if it’s profitable for Microsoft. The latest story teaches us why Linux is winning (Microsoft cannot compete fairly), but software patents are an unjust element of the US industry — an element that must be eliminated. Additionally, it shows that Microsoft is no longer much of a producing company, it’s just a parasite which deserves to go bankrupt immediately, just like SCO. This hopefully validates our focus on the patent issues and on Microsoft, which is very unique in that regard.

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 24/10/2014: Microsoft Tax Axed in Italy, Google's Linux (ChromeOS/Android) Leader Promoted

    Links for the day



  2. Links 24/10/2014: GNU/Linux History, Fedora Delay

    Links for the day



  3. Links 23/10/2014: New *buntu, Benchmarks

    Links for the day



  4. Links 22/10/2014: Chromebooks Surge, NSA Android Endorsement

    Links for the day



  5. Links 21/10/2014: Debian Fork Debate, New GNU IceCat

    Links for the day



  6. Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web



  7. Microsoft 'Loving' GNU/Linux and Other Corporate Media Fiction

    Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also "loves Linux"



  8. India May be Taking Bill Gates to Court for Misusing His So-called 'Charity' to Conduct Clinical Trials Without Consent on Behalf of Companies He Invests in

    Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not "charity")



  9. The Problems With Legal Workarounds, Patent Scope, and Expansion of Patent Trolls to the East

    Patent trolls are in the news again and it's rather important, albeit for various different reasons, more relevant than the ones covered here in the past



  10. Links 20/10/2014: Cloudera and Red Hat, Debian 7.7, and Vivid Vervet

    Links for the day



  11. Links 20/10/2014: 10 Years Since First Ubuntu Release

    Links for the day



  12. How Patent Lawyers Analyze Alice v. CLS Bank

    Breaking down a patent lawyer's analysis of a Supreme Court's decision that seemingly invalidated hundreds of thousands of software patents



  13. Is It Google's Turn to Head the USPTO Corporation?

    The industry-led USPTO continues to be coordinated by some of its biggest clients, despite issues associated with conflicting interests



  14. The EPO's Public Relations Disaster Amid Distrust From Within (and EPO Communications Chief Leaves): Part VII

    Amid unrest and suspicion of misconduct in the EPO's management (ongoing for months if not years), Transparency International steps in, but the EPO's management completely ignores Transparency International, refusing to collaborate; the PR chief of the EPO is apparently being pushed out in the mean time



  15. Links 18/10/2014: Debian Plans for Init Systems, Tails 1.2

    Links for the day



  16. Links 18/10/2014: New ELive, Android Expansion

    Links for the day



  17. Another Fresh Blow to Software Patents (and With Them Patent Trolls)

    Another new development shows that more burden of proof is to be put on the litigant, thus discouraging the most infamous serial patent aggressors and reducing the incentive to settle with a payment out of court



  18. Links 16/10/2014: New Android, SSL 3.0 Flaw

    Links for the day



  19. How the Corporate Press Deceives and Sells Microsoft Agenda

    Various new examples of media propaganda that distorts or makes up the facts (bias/lies by omission/selection) and where this is all coming from



  20. Vista 10 is Still Vapourware, But We Already Know It Will Increase Surveillance on Its Users and Contain Malicious Back Doors

    The villainous company which makes insecure-by-design operating systems will continue to do so, but in the mean time the corporate press covers only bugs in FOSS, not back doors in proprietary software



  21. Links 15/10/2014: KDE Plasma 5.1 is Out, GOG Reaches 100-Title Mark

    Links for the day



  22. With .NET Foundation Affiliation Xamarin is Another Step Closer to Being Absorbed by Microsoft

    Xamarin is not even trying to pretend that separation exists between Microsoft and its work; yet another collaboration is announced



  23. The EPO's Protection Triangle of Battistelli, Kongstad, and Topić: Part VI

    Jesper Kongstad, Benoît Battistelli, and Zeljko Topić are uncomfortably close personally and professionally, so suspicions arise that nepotism and protectionism play a negative role that negatively affects the European public



  24. Corporate Media Confirms the Demise of Software Patents in the United States; Will India and Europe Follow?

    It has become increasingly official that software patents are being weakened in the United States' USPTO as well as the courts; will software leaders such as India and Europe stop trying to imitate the old USPTO?



  25. Links 14/10/2014: CAINE 6, New RHEL, Dronecode

    Links for the day



  26. Microsoft's Disdain for Women Steals the Show at a Women's Event

    Steve Ballmer's successor, Satya Nadella, is still too tactless to lie to the audience, having been given --through subversive means -- a platform at a conference that should have shunned Microsoft, a famously misogynistic company



  27. SCOTUS May Soon Put an End to the 'Copyrights on APIs' Question While Proprietary Giants Continue to Harass Android/Linux in Every Way Conceivable

    Google takes its fight over API freedom to the Supreme Court in the Unites States and it also takes that longstanding patent harassment from the Microsoft- and Apple-backed troll (Rockstar) out of East Texas



  28. Patent Lawsuits Almost Halved After SCOTUS Ruling on 'Abstract' Software Patents

    The barrier for acceptance of software patent applications is raised in the United States and patent lawsuits, many of which involve software these days, are down very sharply, based on new figures from Lex Machina



  29. Links 13/10/2014: ChromeOS and EXT, Debian Resists Systemd Domination

    Links for the day



  30. Links 12/10/2014: Blackphone Tablet, Sony's Firefox OS Port

    Links for the day


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