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

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 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. Microsoft Loves Linux to Death and Still Tries to Kill GNU/Linux

    Microsoft's relentless attacks on GNU/Linux and Free software in general (even if it runs on Windows) are so evident that claims of 'love' remain laughable at best (if not infuriating)



  2. Censorship, Self-Censorship and Intimidation Now the Modus Operandi at EPO

    The European Patent Office has ceased even trying to pretend that it respects human rights, including the right to free speech



  3. Patent Practitioners: "The Unitary Patent Might be Able to Open the Floodgates for Software Patents in Europe"

    The EPO-backed Unitary Patent scheme threatens to bring software patents to Europe and along with them a lot of patent trolls from all around the world (especially the United States)



  4. Microsoft Lies About Vista 10 and Increases Microsoft Surveillance (Even Beyond Vista 10 and Into Android, Vista 7/8)

    Windows surveillance expands retroactively, making its way into platforms other than Windows and also expanding to predecessors of Vista 10



  5. Another Suicide at the EPO, Fifth by Our Count

    Yet another EPO member of staff has just committed suicide, leading to the inevitable question: how many people need to die before Battistelli and his minions are out of the Office for good?



  6. Links 27/8/2015: ownCloud Desktop Client 2.0, Red Hat Downgraded

    Links for the day



  7. Microsoft-connected Mesosphere Threatens to Eliminate Free Software in the Datacentre

    Hiding behind a misleading 'open' label while actually backed by Microsoft (and based on new rumours may join Microsoft), Mesosphere wishes to eradicate Free and back doors-free software in large datacentres hosting a lot of physical and virtual servers



  8. Microsoft Aggression Against GNU/Linux Amid Vista 10's Failure

    A look at the recent assault on GNU/Linux in Munich and the likely cause for this assault (in such a timely fashion, too)



  9. Message to LinuxCon Regarding Microsoft: “It is Necessary to Get Behind Someone in Order to Stab Them in the Back.” -Sir Humphrey Appleby

    Jim Zemlin, executive director of the Linux Foundation, helps Microsoft gain influence in the Foundation after payments are received



  10. Market Share Estimates Confirm That Vista 10 Failed in a Major Way

    Confirmatory evidence that Vista 10 is failing in the market about a month after its much-hyped (paid coverage) release



  11. When Microsoft, the Master of Patent Trolls, Complains About Trolls

    Possibly the world's biggest patent abuser and monopolist, which also creates many patent trolls (including by far the biggest one), takes on a far smaller abuser in Court



  12. Letter Signed by Two German Officials Becomes a Microsoft Weapon of Propaganda

    Microsoft and its minions refuse to leave Munich alone, even though the vast majority in Munich are perfectly happy with Free/libre software



  13. Links 25/8/2015: Linux Kernel 4.2 Final RC, KDE Ships Plasma 5.4.0

    Links for the day



  14. Sabine Pfeiler and Otto Seidl Should Take Note as Russia -- Like China -- is in the Process of Banning Microsoft Windows for Security Reasons

    A look at a strange suggestion, signed by Sabine Pfeiler and Otto Seidl, who suggest going back to Microsoft which is basically a spyware company now



  15. Microsoft Windows Leads to Espionage and Blackmail: Latest Examples

    Another news overview, detailing high-profile examples of high-cost Windows deployments (including the cost of litigation and settlement)



  16. Links 23/8/2015: BcacheFS Benchmarks, Blackphone 2

    Links for the day



  17. Links 22/8/2015: Chromebook Gains, GNOME 3.18 Clues

    Links for the day



  18. Alice v. CLS Bank (the Alice Case/§101) Continues to Crush Software Patents in the United States

    Patent scope in the United States continues to be narrowed down as more software patents get their wings clipped



  19. Company of Hype and 'Fanbois' Continues Its Patent Attacks on Android/Linux

    Apple's attacks on Android (using bogus patents) may be soon be escalated to the US Supreme Court (SCOTUS)



  20. EPO Corruption of Patent Boundaries: Business Methods and Algorithms Patented

    How the European Patent Office (EPO) not only turns a blind eye to European law while patenting or granting patents on software but also openly advocates this now



  21. Who's Obsessing Over Patent Trolls in Latest 'Reform' Efforts? Larger Patent Trolls Such as Xerox

    Response to claims that the patent problem is being tackled by focusing on patent trolls and their favourite courts in the Eastern District of Texas



  22. Links 20/8/2015: Fedora 24 Plans, Ubuntu Phones in India

    Links for the day



  23. Blackmail and Lies From the Press and the Government of New Zealand Attempt to Sell to the Public a Deal That Broadens Patent Scope

    Corporate conquest or takeover of New Zealand culminates in empty promises from government officials and blackmail against citizens of New Zealand, especially the country's dairy industry



  24. Vista 10 Turns PCs Into Zombies: Microsoft to Remotely Delete Software From Windows, Like Amazon Deleted Books From Kindle

    Microsoft allows itself to remotely delete software from Vista 10 (not just Microsoft's software), as revealed by the mainstream media not too long after the failed launch (poor adoption so far)



  25. Black Duck Still Destroying, Lying, Rewriting History

    Black Duck is still carrying water for Microsoft and pretends to be working for 'Open Source', despite doing it much harm and doing nothing that is actually Open Source



  26. Ashley Madison Disaster Apparently the Fault of Microsoft Windows

    New reports serve to show that Ashley Madison's data which got leaked includes complete dump of corporate Windows passwords



  27. After OOXML Propaganda, New Assocham Propaganda Calls for Back Doors, Spyware and Other Malicious, Self-defeating Traps Inside Government of India

    Assocham is showing its true colours yet again, lobbying for the interests of foreign companies and endorsing serious abuse or compromise of India's national sovereignty



  28. Links 19/8/2015: LinuxCon Everywhere

    Links for the day



  29. Links 18/8/2015: Linux 4.2 RC7, IBM's LinuxOne

    Links for the day



  30. Patents Roundup: Patent Reform, Google's 'Startups' Ploy, JDate, Fitbit, Cisco, and UPC in the UK

    A collection of news stories about patents, accumulated over the past week or so


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