05.05.11

Microsoft’s Three Musketeers (Gates, Allen, Myhrvold) Still Assault the Market With Patents

Posted in GNU/Linux, Google, Microsoft, Patents at 11:05 am by Dr. Roy Schestowitz

“Intellectual property is the next software.”

Nathan Myhrvold, Microsoft patent troll

Nathan Myhrvold

Summary: An overview of patent activity against Linux with particular focus on Microsoft-derived shells and lobbying

Gates and his buddies are lobbying for worse patent laws, but they are not alone (no wonder the USPTO gets stuffed with the wrong people). They are also cooking lawsuits — a subject we currently research via E-mail (more on that later this month).

Since Microsoft is a rogue company increasingly unable to compete, core people from this company created profitable entities outside of Microsoft and their impact on the world is immensely damaging for reasons we explained before. They want more and more patent monopolies in every walk of life — from the environment to agriculture and even software, obviously. It is about restoring scarcity in the age of Internet-enabled abundance and equality.

According to this new article which was cited by Groklaw:

“Everyone is worried about the Windows numbers,” said Brent Thill, an analyst at UBS AG in San Francisco. “That’s the cash cow and everyone is worried the cow is running out of milk.”

Groklaw then cites this one which says “Microsoft confirmed Thursday its Windows cash machine is under threat.” (warning: behind paywall)

Reading further down the article, Groklaw remarks: “Let’s define our terms. What does it mean that “Microsoft can limit the speed of such incursions”? How exactly? What does the Wall Street Journal mean by that? Using litigation? What?”

That’s rhetorical. And as we have shown before, Gates, Allen, and Myhrvold are all extorting and suing Linux, amongst other entities or efforts. That’s their next big plan for making money. They can disguise it all they want using expensive PR campaigns, but people are not dumb enough to fall for it. An increasing number of bloggers and publications speak openly about the truth, which places Gates, Allen, Myhrvold down at the bottom alongside villains like Edison and Rockefeller (he too has been trying the whole PR spiel).

“What does it mean that “Microsoft can limit the speed of such incursions”? How exactly? What does the Wall Street Journal mean by that? Using litigation?”
      –Pamela Jones, Groklaw
Over at Groklaw, Pamela Jones links to some whitewashing of Microsoft and notes that her friend “Todd Bishop wonders why so little attention is being paid [to Microsoft antitrust/oversight expiry]. I think it’s because the compliance required is to the Final Judgment, not to any other issues since. If you look at page 11 of the PDF, the status report, you’ll see that. It says, “As of April 18, 2011, Microsoft had received 32 complaints or inquiries since the March 2011 Joint Status Report. None of these complaints is related to any of Microsoft’s compliance obligations under the Final Judgments.” So this is old stuff. The court isn’t about anything that wasn’t ordered by the Final Judgment. The world has moved on. And the second reason no one cares is we’ve seen this court at work, and our expectations are low for anything meaningful.”

Todd Bishop is still promoting Microsoft in his new site, GeekWire. At his previous employer, the Microsoft-paid TechFlash, there is some more Microsoft PR, this time in HTC flavour. Jones quotes the following from an HTC interview:

So are patents good or bad for the industry? It’s a difficult balance, I think, between protecting the hard work that people have done to design innovative products and, of course, offering the best products and experience to customers. I think there probably does need to be some reform in the way patents are granted, the way the patent office works, but I’m not a lawyer.

According to one source that we found at the time, Microsoft was about to sue HTC for using Android, but HTC decided to avoid the lawsuit and instead it made it look like it had signed an amicable patent deal with Microsoft, agreeing to pay Steve Ballmer and fellow thugs for Linux. Later on HTC also agreed to pay Myhrvold. The threat of the burden of litigation was a weapon. It’s called racketeering, blackmail, or extortion when this type of thing is done. That’s the ‘New Microsoft’. It’s worse than ever and regulators ought to step in.

Microsoft’s co-founder Traul Allen has become a patent troll. Woz (of Apple fame) defended him at one stage, but he apparently regrets the stance, based on this highly-cited Rik Myslewski report which says:

Apple cofounder Steve Wozniak has no love for the US patent system, and prefers split-pea soup to “that patent-troll thing” as practiced by Microsoft cofounder Paul Allen in his current patent-infringment lawsuit against Apple, Google, Facebook, Yahoo!, and others.

“A lot of patents are pretty much not worth that much,” Wozniak told his keynote audience at the Embedded System Conference Silicon Valley (ESC) taking place this week in San José, California.

“In other words, any fifth-grader could come up with the same approach.”

When asked about patent-trolling, Wozniak had two personal stories to tell: one about Allen, and one about an early experience that soured him on patents held and enforced by deep-pockets companies.

Dr. Glyn Moody added: “confused? he was, you will be”

Jones wrote about the same article: “I recall Justice Stevens in the i4i v. Microsoft oral argument asking if it was a really big problem or a little one. What someone should probably do is make a list of really stupid patents that have already issued. You’d need to explain how and why it’s silly, of course.”

Microsoft is not against software patents. It opposes only software patents which can be used against Microsoft. Meanwhile it is bragging about taking payments from Volkswagen and guess what for:

Microsoft licensing patent over “Quick Filename Lookup Using Name Hash” to VW

Sounds familiar? It ought to. Microsoft uses filename lookup to extort the most popular kernel, Linux. Yes, Microsoft is completely distorting the market with its lawsuits, patent trolls, and lobbyists. To quote a well-known critic of zealous intellectual monopolist: “CNET News reported that Google was asked to pay $5 million for the infringement, a relatively small amount for the internet search and video giant. But a Google spokesperson remarked that the company would “continue to defend against attacks like this one on the open-source community,” and that “the recent explosion in patent litigation is turning the world’s information highway into a toll road, forcing companies to spend millions and millions of dollars defending old, questionable patent claims, and wasting resources that would be much better spent investing in new technologies for users and creating jobs.”

“Google profits from making things abundant and available to everyone; Microsoft is the exact opposite and only one can be described as a democratising force.”That’s what makes Microsoft so unique and by no means a scapegoat; what a disgusting company it must be in comparison to Google, for example. Google profits from making things abundant and available to everyone; Microsoft is the exact opposite and only one can be described as a democratising force.

Watch what “Microsoft IP&L” (The official Twitter account for Microsoft’s Intellectual Property and Licensing at Redmond, WA) is doing in Twitter right now. This is what these people publish: “Tips for prosecuting a successful IP Portfolio: set goals for creating patent hits; invest more $ in High level patents & watch your plan”

Microsoft is “creating patent hits”. Impressive, eh? Who would defend such abusive attitudes and litigious minds?

Well, Microsoft Florian is promoting Windows phones and bashing Google this week (linking to Microsoft TEs like the slimy Michael Gartenberg [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15] for the purpose), then promoting puff pieces about Intellectual Ventures, the world’s largest patent troll, by linking to promotional nonsense and troll PR. It ought to be added that this Microsoft troll even bought some of Linus Torvalds’ patents from Transmeta (these are hardware patents, for microprocessors developed at Transmeta). Mike Milinkovich of Eclipse fame has also just denounced Intellectual Ventures, and quite rightly so. He wrote:

There is something seriously wrong with any business model that requires 12% of its market to go to litigation

Microsoft now relies on attacks from proxies, which is why it passes Linux-hostile patents [1, 2, 3, 4, 5, 6].

Peer To Patent, just like OIN, is trying to address the problem one patent at the time and abolitionists like the FFII’s president are sceptical, as usual.

Be the first to share your knowledge on this application! #patent #priorart http://fb.me/YRNnRiS8

In order to stop Microsoft’s attacks on Linux (in addition to the attacks it has other companies launch against Linux) we must get rid of software patents altogether, as a whole. Tacking patents one by one is not the best approach to deal with the issue. It’s mostly ineffective in fact, just like a nuclear ‘defense system’ which is easily defeated by increasing the number of simultaneous targets.

“Fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria.”

Richard Stallman

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

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 26/1/2021: Mozilla Firefox 85.0, Tails 4.15, Zentyal Server 7.0, GNOME 40 Alpha

    Links for the day



  2. Instead of Making Access to COVID-19 Solutions Easier Bill Gates Has Made It Harder (Patent Profits)

    Counterproductively — and at a great cost to human civilisation — Bill Gates has once again put profits and monopoly ahead of global goals such as collective health



  3. We Need More Documents Leaked to Know Intel (From the) Inside

    We invite more leaks from the belly of the beast "chipzilla", seeing that it is becoming a drone of Microsoft again, yearning for the "Wintel" days instead of moving on to a world dominated by GNU/Linux and Free/libre software



  4. Why GNU/Linux Users (and the Public at Large) Should Support Leaking/Whistleblowing Sites (Including Wikileaks)

    To demonstrate the value of "scientific journalism" (a term apparently coined by Wikileaks) we take a look at Red Hat's response to embarrassing leaks (demonstrating what a scam their certification and examination programmes really are)



  5. EPO President António Campinos is Still Not Listening, According to Internal EPO Documents

    Increasingly arrogant and unaccountable management of Europe's second-largest institution (EPO) has left staff disillusioned but still defiant; there's clearly unsuitable or unfit-for-purpose management at the EPO, self-selecting based on nepotism/loyalty so as to cover up abuses



  6. Why You Should Give Falkon (the Web Browser) a Chance on GNU/Linux, BSD, or Windows

    In this crazy new world where advertisers are the real customers and Web users ("audiences") have been reduced to mere products we need a browser that isn't controlled by a company; try Falkon



  7. Kluwer Patent Spin and Distortion of Facts (Regarding UPC and More)

    Kluwer Patent Blog disgraces the firm that puts its name on it; instead of sticking to facts they're distorting the facts and the sole/principal goal is to manipulate/mislead the public and public servants



  8. Links 26/1/2021: 4MLinux 35.1, GParted 1.2, Gnuastro 0.14

    Links for the day



  9. IRC Proceedings: Monday, January 25, 2021

    IRC logs for Monday, January 25, 2021



  10. It's Wrong to Assume Red Hat Competes With Microsoft

    The community ought to stop pretending that one monopoly seeks to replace another despite close partnerships (some would say "collusion") between the two



  11. EPO Staff Representation Complains That EPO Management Exploits Pandemic and 'House Arrests' to Overwork Staff, Lower Quality

    The EPO keeps breaking its promises to workers; not only are key employees seeing their net salary cut (inflation factored in) but pensioners too are being robbed and in the meantime the total time spent on work is increasing



  12. Fake News is Not a 'Wing' Thing

    The two-party corporate-led system (and media) would have us obsess/bicker about accuracy of news based on some binary/dual system of blind loyalty rather than underlying facts and priorities



  13. Links 25/1/2021: Huawei on GNU/Linux, NuTyX 20.12.1, Whisker Menu 2.5.3, Lutris 0.5.8.3, Linux 5.11 RC5

    Links for the day



  14. Fear, Uncertainty, and Doubt (FUD) in ZDNet is the Norm

    ZDNet continues to emit lots of garbage 'journalism', in effect Microsoft PR and what's known as "black PR" for Linux; just like Bleeping Computer, which ZDNet hired this writer from, there's no adherence to facts, just smears and innuendo



  15. Truth Tellers Aren't an Enemy of Free Software

    There's a perpetual attack on people who speak out against actors and corporations in positions of great power, however subtle and indirect those attacks may seem on the surface (they don't wish to be held accountable for defaming activists)



  16. The Linux Foundation, With Over 124 Million Dollars in Annual Revenue, is in Trouble Because of the Pandemic, So It's Trying to Reinvent Itself as Training and Certifications Outfit

    With mountains of cash and a Public Relations (PR) or marketing business model the so-called 'Linux' Foundation became reliant on travel, lodging, booths and speeches on sale; COVID-19 is a great risk to that business model



  17. IRC Proceedings: Sunday, January 24, 2021

    IRC logs for Sunday, January 24, 2021



  18. Our Move Further Away From the World Wide Web, the Browser Monopolies, HTTP, and HTML

    The World Wide Web (WWW) is going down a bad path and a clearly regressive direction; the solution isn't going 'retro' but exploring more sophisticated systems which are robust to censorship (localised or globalised) and downtime (related to censorship) while reducing surveillance by leveraging encryption at the endpoints



  19. Important Issues Not Entertained in the Community, Especially Critics of the Status Quo

    here's corporate infiltration inside communities (for oligarchy hunts volunteer, unpaid labour) and those who speak about that as a threat to our cause and objectives are painted as misguided outcasts who must be ignored



  20. Internet Origins of the Mob

    Reprinted with permission from Daniel Pocock



  21. When Proprietary Software Users Dictate the Freedom-Leaning Communities

    Fedora doesn't care about software freedom and its steward (or parent company) is sometimes imposing proprietary software on staff; they've quit caring



  22. In 2020 Onwards 'Open Source' is Just a Marketing Ploy of Monopolies, Unlike Free Software

    More people are nowadays seeing or witnessing 'Open Source' for what it truly is; the term has become a misleading marketing term of proprietary software firms looking to rebrand as "ethical" (e.g. by sharing some code with other proprietary software firms, over proprietary platforms such as GitHub)



  23. Microsoft: The Year After We Bought GitHub There Was a Significant Decline in Number of New Projects on GitHub

    Microsoft has just admitted that in 2019 GitHub saw a very significant decline in number of new projects (and users, which it is conveniently miscounting by adding 'phantom' ones) on the site. Just what we had heard before they confirmed it (and they foresaw this effect of the takeover, hence the lies about "loving" Linux).



  24. Social Control Media is a Passing Fad, We Should All Go Back to Blogging and Subscribing to RSS Feeds

    The whole "social control media" phenomenon has been oversold or promoted using lies; in reality, as a mountain of evidence serves to show, it's a way to manage society at a macro scale



  25. As Andrei Iancu Removes Himself From the Patent and Trademark Office All Eyes Are on Biden's Next Nomination

    Patent zealots and their front groups already lobby Joe Biden to put one of them in charge of the U.S. Patent and Trademark Office; we'll soon see if Joe Biden "means business" or simply means monopoly/large corporations (and their law firms/departments)



  26. Data Point: GNU/Linux Share in Desktops/Laptops Nearly Tripled in the Past Decade, Peaking This Past Month (All-Time High)

    Contrary to what some publishers try to tell us, GNU/Linux is still growing and mostly at the expense of Windows



  27. IRC Proceedings: Saturday, January 23, 2021

    IRC logs for Saturday, January 23, 2021



  28. Links 24/1/2021: Nouveau X.Org Driver Release and GhostBSD 21.01.20

    Links for the day



  29. InteLeaks – Part XXX: Harbor Research's Pseudo-scientific 'Research' for Intel, Bizarrely Suggesting a Microsoft Partnership for a Domain Largely Controlled or Dominated by Linux

    The full document that Intel paid for and in turn used to justify cracking down on Free software (obliterating Free software-based workflows inside Intel), instead outsourcing all sorts of things to proprietary software traps of Microsoft



  30. Chromium and Chrome Are Not Free Software But an Example of Microsoft-Fashioned Openwashing Tactics

    It's time to reject Google's Web monopoly (shared with other companies but still an oligopoly); removing its Web browser would be a good start


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

Recent Posts