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

03.22.11

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

Posted in GNU/Linux, Google, Microsoft, Patents, SCO at 4:30 am by Dr. Roy Schestowitz

“…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.

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

4 Comments

  1. girts said,

    March 22, 2011 at 5:14 am

    Gravatar

    The patents must be revalidated as soon as possible!

    Dr. Roy Schestowitz Reply:

    All software patents need to be invalidated.

    NotZed Reply:

    All patents are a drag on the economy, not just software patents. It’s just another private rent extraction mechanism.

  2. girts said,

    March 22, 2011 at 5:19 am

    Gravatar

    Sorry some corrections:
    Patents must be reviewed again investigated is they valid?
    Software patents is devil and this situation too!

What Else is New


  1. Battistelli's 'Special Relationship' With Portugal and the 'Inventor of the Year' Charade

    What makes Portugal rather unique when it comes to Mr. Battistelli, who is allegedly desperate for support from smaller countries whose vote is easier to 'win'



  2. Patent Lawyers' Marketing Dominates and Marginalises Meaningful Analyses of Software Patenting in the US

    In an effort to create demand for software patents again, patent lawyers produce a huge heap of so-called 'analyses' which piggyback just one single decision (the exception, not the norm)



  3. A Mix of Patent Aggression and Sanctions/Raids (Using Controversial Patents) Against East Asian Companies

    New stories that demonstrate patent protectionism and show how Western industry, which barely makes anything anymore, relies on patents (software and design patents included) and this self-serving patent regime perpetuates itself even in Asia, where almost everything is actually being manufactured (and often/increasingly designed/developed too)



  4. Rumour: Battistelli Wants to Extend the Term of Topić's EPO Appointment in Spite of Criminal Charges Against Him

    The EPO's 'ringleader', Mr. Battistelli, is trying to keep his confidants (like Mr. Minnoye and Željko Topić) together for several more years to come, even defying rules regarding retirement age



  5. Links 29/5/2016: NetBSD 7.0.1, Genode OS 16.05

    Links for the day



  6. [ES] La Gerencia de la EPO Bajo Creciénte Estres por las Autoridades Legales Croatas, Políticas Alemanas, y los Medios Italianos

    Las cosas no son color rosa como la calma relativa sugiere, y esperamos en las próximas semanas mayores eventos otros que la protesta en todas las sedes de la EPO a través de Europa



  7. [ES] Los Medios de Comunicación Comienzan a Informar al Público Europeo Acercas de las Desventájas de la UPC Mientras que la EPO Acelera su Cabildeo por Ratificación

    La vergonzósa promoción de la UPC por parte de la EPO da otro paso adelánte mientras que venues de la prensa Europea (incluso canales de televisión) comienzan a explorar el arreglo secreto que es negociado por los abogados de patentes (con clientes corpórativos) y las oficinas de patentes, no el público o cualquier grupo que represente los intereses del público en general



  8. [ES] Algunos Detalles Acerca de ¿Cómo el Presidente de la EPO Es Rumoreado Estar Comprando Votos, y el Porqué es Suficientemente Base Para un Despido Inmediato?

    Algo de información tras las cortinas y una detallada explicación de la dependencia finánciera sistemática, creada por Battistelli a un costode €13 millónes o más, la cuál evita una efectiva supervisión de Battistelli



  9. Mishi Choudhary and Mike Masnick Explain Why India Should Reject Software Patents

    Both an Indian activist-lawyer and a widely-recognised author from the US explain to Indians why over-reliance on patents -- and acceptance of patents on software in particular -- is a very bad idea



  10. Microsoft Boosters Pretend Microsoft Fights for Privacy While the Company Uses Malware Tactics to Put Keyloggers on Everyone's Computers

    In spite of malware-inspired tactics that should land Microsoft in courts of law all around the world (as a defendant), Microsoft-friendly circles pretend that the company fights for people's rights like privacy -- all this when Microsoft installs keyloggers on people's PCs without their consent and obviously against their will



  11. Battistelli's Assault on EPO Staff's Right to Strike in Relation to French Politics and That 'Bicycle' Pretext for Crackdowns

    The latest bicycle 'gossip' and how it's being used, based on expectations from EPO staff, to introduce further crackdowns on human/labour rights



  12. Vice-President of the EPO Under Investigation: Treason, Abuse, Violations, Giving and Receiving Bribes

    An English translation of documents involving the Organised Crime Section of the Criminal Police Department in Zagreb, where the Vice-President of the EPO faces criminal charges



  13. EPO Management Warns People About Scams When the EPO's Management is Itself Falling for Scams

    Jesper Kongstad, the Chairman of the Administrative Council of the European Patent Organisation, helps demonstrate that not even the EPO is intelligent enough to spot an obvious scam



  14. Links 28/5/2016: Wine 1.9.11, New Gentoo

    Links for the day



  15. Links 27/5/2016: Android for Raspberry Pi, Google Beats Oracle in Court

    Links for the day



  16. Warning: EPO Surveillance May Have Just Gotten Even More Intrusive

    BlueCoat, which the EPO uses to enable oppression inside its European premises, has just gotten even nastier and staff may be at risk



  17. Victim Card Ends up in Another Blunder for Battistelli and His Six Bodyguards

    Battistelli is wrecking what's left of the EPO's reputation (after decades it took the Office to earn it) as the media continues to scrutinise his appalling regime



  18. Italian Report About EPO Now Available in English

    An English translation of a TV program which earlier this month documented some of the glaring problems at the EPO



  19. The EPO is Doing Great, Says EPO-Connected 'News' Site

    IAM 'magazine', a longtime ally of the EPO, gives people the impression that all is fine and dandy at the EPO even though that's clearly not the case



  20. Microsoft Has Killed Nokia (and Its Own Mobile Ambitions), But Watch What it Does With Patents

    Microsoft announces many more layoffs, having already caused tremendous damage to the Finnish economy, and patents are left astray for Microsoft's favourite patent trolls to pick



  21. EPO Management Under Growing Stress From Croatian Law Enforcement Authorities, German Politicians, Italian Media

    Things are not as rosy as the relative calm may suggest, and in the coming weeks we expect some major events other than the protest at all EPO sites across Europe



  22. Microsoft, a Dead Company Walking, Resorts to Malware Tactics, Now Truly Indistinguishable From Crackers

    Microsoft is essentially taking over people's PCs and installing on them a large piece of malware, complete with keyloggers, against the will of these PCs' owners



  23. Links 26/5/2016: CentOS Linux 6.8, Ansible 2.1

    Links for the day



  24. The Latest EPO Victim Card (Played by Željko Topić) Should be Treated as Seriously as Those Bogus Claims of Violence by a Judge (Updatedx3)

    In its desperate pursuit of a narrative wherein the staff of the EPO is violent and aggressive the management of the EPO, renowned for institutional aggression, finds (or claims to have found) a little tampering with a bicycle



  25. Links 25/5/2016: Nginx 1.11, F1 2015 Coming to GNU/Linux Tomorrow

    Links for the day



  26. The Media Starts Informing the European Public About the Downsides of UPC While EPO Accelerates Its Lobbying for Ratification

    The EPO's shameless UPC promotion takes another step forward as the European press outlets (even television channels) begin to explore the secret deal that's negotiated by patent lawyers (with corporate clients) and patent offices, not the public or any public interest groups



  27. Some Details About How the EPO's President is Rumoured to be 'Buying' Votes and Why It's Grounds/Basis for “Immediate Dismissal”

    Some background information and a detailed explanation of the systemic financial dependency, created by Battistelli at the cost of €13 million or more, which prevents effective oversight of Battistelli



  28. How the Patent Lawyers' Microcosm Continues to Boost Software Patents Filth by Misdirecting Readers, Relying on Highly Selective Coverage

    Under the guise of reporting/analysis/advice the community of patent lawyers is effectively lobbying to make software patents popular and widely-accepted again, based on one single case which they wish to make 'the' precedent



  29. Documents Show Zagreb Police Department in Investigation of Vice-President of the European Patent Office

    Željko Topić's troubles in Croatia, where he faces many criminal charges, may soon become an extraordinary burden for the EPO, which distances itself from it all mostly by attacking staff that 'dares' to bring up the subject



  30. [ES] Interrumpiendo la Propagánda Distractante de Battistelli: los Empleados de la EPO Protestará de Nuevo en una Quincena

    La exágerada extravagancia (desperdicio de dinero) en la Ceremonia de Premiación al Inventor Europeo de la EPO tendrá que competir por atención de los medios con miles de empleados de la EPO (en todaslas sedes de la EPO) marchándo en las calles para protestar por los abusos de la 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