Bonum Certa Men Certa

Microsoft is Suing/Extorting Android From Other Directions Too (E.g. Traul Allen, Apparently Nathan Myhrvold)

"...Microsoft wished to promote SCO and its pending lawsuit against IBM and the Linux operating system. But Microsoft did not want to be seen as attacking IBM or Linux."

--Larry Goldfarb, BayStar, key investor in SCO approached by Microsoft



Summary: Microsoft is 'pulling a SCO' on Android and the Linux-supporting world responds, comparing the strategy to that of patent trolls or SCO

FOR anyone who doubts Microsoft's behavioural "reform" that they keep raving about, the latest lawsuit comes at a convenient time to show us what "most ethical" must mean (yes, that's satire). Brian Proffitt is one among many who respond to Microsoft's latest assault on Android and Linux:



Microsoft's attempts to bring down Android via litigation rather than innovation continued apace today, as the software giant filed another patent lawsuit against an Android client, this time top US bookstore chain Barnes & Noble, which sells the Nook e-reader. Meanwhile, Linux founder Linus Torvalds has his own comments on the separate issue of Android potentially violating the Linux kernel's copyright, an issue raised last week.

According to Microsoft today, the Nook, which uses Android as its base operating system, violates five Microsoft-held patents on such innovative inventions like "Loading status in a hypermedia browser having a limited available display area" (Patent #6,339,780).

This lawsuit follows another similar lawsuit brought against device maker Motorola in October 2010, a case that is still in the early stages. Microsoft has also stated in public interviews that it has signed a patent licensing agreement with HTC, and will tell anyone who will listen that Android is not a free operating system, because it is obligated to Microsoft for patent fees.

The lawsuits against Motorola and Barnes & Noble are a clear message to anyone who thinks otherwise: pay up or get sued.

Today's lawsuit also names hardware manufacturers Foxconn and Inventec as patent infringers.

There is no reason to think that Microsoft is doing anything other than trying to scare hardware distributors and manufacturers into either (a) paying Microsoft's lawyers to make them go away or (b) avoiding Android altogether. The latter is more preferable to Microsoft, and as alternative operating systems for mobile devices continue to narrow (Nokia's new partnership with Microsoft will take Symbian out of the mix eventually), manufacturers may feel that using Windows Phone as a platform may be the least painful route.


As my co-host Tim phrases it:

I remind readers of my comments from earlier this year:
…if Microsoft cannot make the products people want to buy, it’s quite happy to cream a little off the top of those that do.
Again I find myself making the observation that Microsoft’s future appears rather more in the courtroom than actual products on shelves. A rather sad state of affairs? Is Microsoft the dog that sits under the table in the hope that someone will take pity and throw it a scrap of food? I’ll let you decide.


Microsoft has an unreasonable sense of entitlement, as if given that its products are failing (rejected by the market) it is entitled to make money from its competitors.

The lawsuits against Android are not coming just directly from Microsoft. Several buddies of Microsoft, including Traul Allen, are suing as well (Groklaw has the latest details). It is said that Nathan Myhrvold, a Microsoft-funded patent troll, has also begun an extortion journey which is mostly silent. He is said to be targeting Android makers. Like a hydra with many heads, Microsoft is trying to bite Android from many directions and drive up the costs, as well as intimidate anyone who wishes to pick Android (while Microsoft Florian and other mobbyists amplify this whole Android FUD). The lawsuits- and trigger-happy bully is now targeting a predominantly Linux-powered space, namely E-readers. The Kindle from Amazon also runs Linux and it is already taxed by Microsoft for unspecified reasons. The latest lawsuits [1, 2, 3, 4, 5] show that Microsoft's plan was about patents all along, just as we warned 5 years ago before it was so evident. Both Microsoft and software patents ought to be eliminated in order for Linux to succeed. Microsoft cannot live in harmony with Linux; it never wanted to. It is not Linux supporters who are intolerant of Microsoft; it's Microsoft that's intolerant of Linux, so the latter are being defensive and reactionary.

Matt Rosoff, a Microsoft booster who keeps pretending to be a professional journalist [1, 2, 3, 4, 5], says that "Microsoft's Latest Legal Attack On Android Shows Desperation (MSFT)". Well, despite the headline he bolsters Microsoft's case (it's in the wording) and adds: "The move means that any company who uses Android in any capacity faces a legal threat from Microsoft."

"But apparently Microsoft will stop at nothing to stall Android adoption -- or at least earn some money from every single Android device that ships," he concludes.

"And I suspect the Florian Mueller FUD was getting the world primed for this event, to try to portray Android and Google as somehow disrespectful of "IP rights". Just like SCO," writes Groklaw. To quote more of that:

Microsoft steps out from behind the proxies and files its own patent lawsuit against Android, suing Barnes and Noble because it sells Nooks, which run on Android. GeekWire has the patents listed, if you are free to look at them, and the complaint [PDF]. (I have a local copy also, so we don't melt anyone's servers.)

Why not sue Google? Who knows? Well, this *is* Microsoft. It's jungle ethics. Don't go after the strongest in the field. Besides, they seem to be trying to make a point: what they seem to want is for folks to quit using Android in their products by scaring them with litigation. You could be next, is the message, so pay up. Microsoft says "we have established an industry-wide patent licensing program for Android device manufacturers." Just like SCO. SCOsource II, you might say.

They want to make Linux cost, so they can compete. Just like SCO. So line up and bow down to Microsoft, y'all. Hardy har. Time for prior art, methinks.

SCO failed utterly, and I suppose one might see this as Microsoft deciding if you want a job done right, you need to do it yourself. I see Rob Enderle, SCO's buddy, is already making hay for Microsoft, calling it the "hidden cost of Android" and I assume that is the point Microsoft would like you to get from this lawsuit, in case you can't figure it out for yourself. And I suspect the Florian Mueller FUD was getting the world primed for this event, to try to portray Android and Google as somehow disrespectful of "IP rights". Just like SCO.


In other patent news, "I4i claims patent backing against Microsoft" and "Apple, Nokia, others targeted in camera patent suit":

A lawsuit filed last week in Texas by a group named Imperium Holdings claims that Apple along with Kyocera, LG, Motorola Mobility, Nokia, Research in Motion (RIM), and Sony-Ericsson are infringing on five patents related to the cameras and imaging equipment found in phones and other mobile devices.


Oddly enough, there is nothing about patents in their site. In fact, there is just about nothing in the site, so maybe it's just some registered name which became a patent troll. Yes, well, a bit like Microsoft.

Comments

Recent Techrights' Posts

How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
 
Links 26/08/2026: Election Bribery (aka Vote-Buying) Deemed "OK" in the US, "Nitter is Shutting Down After a Cease and Desist Letter" by MElon
Links for the day
Analogue So Much Better and Faster
From what we can gather, the tram ticketing system does not use Windows; we never saw it crashing or rebooting (or showing some Windows logo) in decades, so we assume it runs some kind of Linux
Linux Today Dumped All Social Control Media Last December
Linux Today seems to have concluded that all Social Control Media is just a waste of time
Don't Say X.com is OK Because People Can Access It by Alternative Means
Can Mozilla please clarify who inside Mozilla greenlit a return to X.com?
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026