Bonum Certa Men Certa

The Difference Between Microsoft's Racketeering Against Linux and Oracle's Racketeering Against Linux

Tennis racket and ball



Summary: The General Dynamics Itronix patent deal deciphered; Oracle -- unlike Microsoft -- takes the outrageous Android complaint to Google, which has good reasons to put up a fight; it also names actual patents

THE LATEST Microsoft extortion deal has just been announced and the coverage about it controlled to an extent. Rather than pay attention to the success of Android/Linux ("500,000 Android device activations per day"), the Microsoft boosters try to associate Android with patent lawsuits, malware, etc. Among the Microsoft tax-tainted Android devices we previously had Samsung, LG, HTC, and thankfully not the Nook, which unlike the Kindle (Amazon, not Android) is being defended by B&N. Notice the pattern though, as those extorted are located where the US pushes disgraceful treaties to force-feed software patents.



Free Android is still available from Sony, Motorola, ASUS, Dell, Acer, Cisco, Archos, Toshiba, Sharp, and many more. Companies to avoid for their payments to Microsoft (for unknown patents, allegedly relating to Linux) are Novell/SUSE/Attachmate, Xandros, Turbolinux LG, Fuji Xerox, Brother, Melco, Samsung, Kyocera Mita, I-O Data, and HTC. Motorola and B&N fought back, so there is an ongoing battle in court and Google should try to help those companies that attend the courtrooms. They are under fire because Microsoft is desperate to make Linux more expensive and also its own cash cow. Microsoft's boosters play along with this outrageous plot. For example, the now-spineless (maybe for the safety of her job at ZDNet) Mary Jo Foley does nothing to promote justice in her shallow coverage of the news from Microsoft's PR department:

On June 27, Microsoft announced that General Dynamics Itronix signed a patent agreement with Microsoft for Itronix devices running Android. Microsoft characterized the agreement as providing “broad coverage under Microsoft’s patent portfolio for General Dynamics Itronix devices running the Android platform.”


Some journalists asked me for comments about it. A press release broke the news (Microsoft probably pushed it to them early under embargo) with Microsoft boosters who were possibly briefed so as to cushion the extortion and play with talking points. For those who missed the news, Microsoft merely extorted another company which sells Linux. Microsoft uses software patents. As usual, out of the blue Florian had to jump right at my face (in Twitter), as though he was almost celebrating the extortion. He tends to sympathise with Microsoft's racketeering [1, 2, 3, 4, 5, 6, 7].

Here is the PR which the boosters are parroting. General Dynamics Itronix "devices running the Android platform" will be "covered", says the PR, as if extortion has much to do with "coverage" (of one's back maybe). The signing of a patent agreement is a case of putting a smile on something very hostile, as we explained before. Microsoft threatens to sue and then makes an escape route conditional upon "protection money" and pretense of the deal being amicable. To Microsoft is is important to say that "the contents of the agreement have not been disclosed" (more uncertainty) and "the parties indicate that Microsoft will receive royalties from General Dynamics Itronix under the agreement." That's extortion. Now watch what Microsoft's lead extortionist says to promote further extortions: “We are pleased to have reached this agreement with General Dynamics Itronix, which is an example of how industry leaders address intellectual property.” Translations: those who do not agree to cough up "protection money" are disrespectful of the law.

This deal demonstrates Microsoft's continued bullying and persistent attempts to get around Google and tax its Linux-based operating system, usually by intimidating distributors of Android with lawsuit threats. Microsoft knows that for such companies to fight the case in court there would be less incentive than for Google, which currently battles against Oracle to defend Android from software patents. This deal is yet another example of the harms of software patents, which seem to provide a sort of welfare system to former monopolies or monopolies on the decline. People must ask themselves whether the patent system promotes innovation or promotes litigation which merely raises the price of everything we buy and reduces incentives for developers, whose jobs are dropped to give way to patent lawyers.

Glyn Moody wrote about the subject of software patents that fail against Android. That was just hours before the above announcement and it basically said that software patents are clearly failing:

I've noted before that we are witnessing a classic patent thicket in the realm of smartphones, with everyone and his or her dog suing everyone else (and their dog.) But without doubt one of the more cynical applications of intellectual monopolies is Oracle suit against Google. This smacked entirely of the lovely Larry Ellison spotting a chance to extra some money without needing to do much other than point his legal department in the right direction.

[...]

Even assuming that Google has wilfully infringed on all the patents that Oracle claims - and that has still to be proved - it's hard to see how Oracle has really lost “opportunities” as a result. If anything, the huge success of Android, based as it is on Java, is likely to increase the demand for Java programmers, and generally make the entire Java ecosystem more valuable - greatly to Oracle's benefit.

So, irrespective of any royalties that may or may not be due, Oracle has in any case already gained from Google's action, and will continue to benefit from the rise of Android as the leading smartphone operating system. Moreover, as Android is used in other areas - tablets, set-top boxes, TVs etc. - Oracle will again benefit from the vastly increased size of the Java ecosystem over which it has substantial control.

Of course, I am totally unsurprised to find Oracle doing this. But to be fair to the Larry Ellison and his company, this isn't just about Oracle, but is also to do with the inherent problems of software patents, which encourage this kind of behaviour (not least by rewarding it handsomely, sometimes.)


Oracle could sue distributors of Android other than Google and then extort them. But Oracle does not play as dirty as Microsoft. Only SCO, given funding from Microsoft, could possibly use such a strategy, although even SCO did not go as far as Microsoft.

To Microsoft, being able to milk other people's work may be essential for survival because the company has debt (and it didn't actually pay billions for Skype as it may have journalists believe, for reasons we've covered separately). Microsoft's cash cows are dying and as my co-host Tim put it:

Like a parasite, Microsoft feeds off another, yet can you blame them? Windows Phone 7 isn’t the Iphone killer that Microsoft PR would have you believe and that’s just one “cog” in its product catalogue. Microsoft has battles all across the board, its firing in all directions and all the while its competitors are coming out with products that people want to buy.

To me it’s very telling that Microsoft doesn’t go after Google directly. I wonder why that is? Could it be like the schoolyard bully they pick on those smaller than themselves, knowing full well that their patent claims won’t be tested in court? Could it be that Microsoft knows exactly how much “worth” there is in their claims and knows Google would fight back.

And Microsoft wonders why its name is mud with many in the tech world? To me these actions show Microsoft as a parasite and coward. If you feel you can justify Microsoft’s actions then I’d love to hear from you. If you can’t, then maybe you are as disgusted as me how Microsoft is allowed to carry on like this.


"Nessuno" in USENET writes: "Convinced 'em, all right.€ € "Nice little family you have there.€ € Be too bad if something happened to your little girl."

"Of course they make more money from shaking down Linux than they make selling their own crap."

Here is what a pro-Linux site had to say about the deal:

Last month, a Citi analyst said that Microsoft is receiving $5 per Android phone from HTC, and is aiming to squeeze $7.50 to $12.50 per device from other vendors. According to some observers, the $150 million per year sum from HTC is five times more income than Microsoft receives for its Windows Phone.

While many of the Linux device agreements appear to relate to patents Microsoft claims over the FAT filesystem, as was revealed in Microsoft's successful lawsuit against TomTom, the Android claims could instead relate to UI techniques. At least this is what was revealed by Microsoft when Barnes & Noble refused to pay protection money to Microsoft over its Android-based Nook e-reader, and was sued by Redmond in March. Microsoft's official statements in that case suggested that the cited UI techniques may be similar to those covered in the HTC case.


This settlement is good news for Microsoft Florian (he tried to push the abused into submission) and it is also validating the position of other lobbyists for software patents (and their own pockets), such as Steve Lundberg, who is still going at it.

Microsoft's dream is a world where every device running just about any operating system will be a revenue source for Microsoft, due to software patents. That's the vision they have -- a vision where people write monopolies (patents), not code. Apple too is starting to lean that way now that Linux gives it a run for the money. Apple and Microsoft are part of the same problem and as we explained earlier, they try to impose US law (with USPTO monopolies) in Asian countries that actually make a lot of Linux-based devices. Apple Began pressuring Samsung with a patent lawsuit (they don't go after Google) and "Apple’s long divorce from Samsung near final," writes The Register. "The strained relationship between Apple and Samsung has moved a step closer to fracturing completely, with a report in the Chinese-language Commercial Times refreshing rumours that TSMC will become Cupertino’s new best friend."

"Even if Apple jumped in 2012, its business would only represent about 2 percent of TSMC’s business," explains the author.

"The rest probably goes to Android," remarks "Homer" in USENET.

"Well I must say I'm shocked and amazed this happened after Apple shafted Samsung with a bogus looky-feely lawsuit.

"Now it seems the shiny Samsung, er, I mean Apple iPhoney is set to become a considerably less shiny Korean iPhoney ... made from only the finest plastic. The good news is it'll also come with a free case made from dog fur, and a two feet tall antenna so you can actually get a signal."

Comments

Recent Techrights' Posts

The Register is Desperate for Money, According to The Register
I decided to check how they're doing as a business
Some Cola Formulas Aren't Secret, But the Barrier is the Branding
That's the power of the channel/distribution, marketing, and brand recognition (accomplished through endless marketing)
Tesla's Debt More Than Doubled in 2 Years and the Company Will Operate in the Red (at a Loss) Quite Soon
If your first-quarter net income is $409 million and you borrow billions from banks, plus interest to pay on those loans, then you're not far from returning to losses
Microsoft and Windows Have Many Back Doors, But LLM Slop Keep Claiming That Linux Has "Backdoor"
It's another example of LLM slop as FUD amplifier, via slopfarms as well
 
Shortly After a Microsofter Took Over The Register as Editor in Chief Microsoft Tim (Tim Anderson) is Back and It's Still Microsoft Propaganda, Sometimes Funded by Microsoft
Notice his focus
Stricter Enforcement of Worker Adjustment and Retraining Notification (WARN) Act is Sorely Needed
Who's keeping track anyway?
Calling Plagiarism "Intelligence" is Pure Genius, Brilliance!
One thing to "like" (or dislike) about LLMs is how they're falsely marketed using various buzzwords
Geminispace Promises Simplicity But Also Provides a "bunch of forums that get flood-filled by agitation against the very essence of Gemini itself"
claims of stagnation in Geminispace started because of a person who spent a long time agitating against GNU/Linux as well
Zimbabweans Aren't Into Windows or Microsoft
This cannot be good news for GAFAM
Microsoft's Washington Layoffs Aren't Everything, They're Definitely Not Happening in Just One State in the US
Washington is just more strict with WARN notices
Gemini Links 05/08/2025: Lagrange v1.18.6, No Stagnation in Geminispace, and Fake Coding (Slop)
Links for the day
The Register's Editor in Chief (Who Left for Google) Told Me "AI" Was a Bubble, But Now The Register Gets Paid to Participate in Inflating This Bubble
A lot of the online media is a scam
Introducing Mission:Libre and FreeXR (and BreakXR)
efforts that accompany the foundations put there by the Free Software Foundation in 1985
Slopwatch: WebProNews, LinuxSecurity, and Some Success Stories
Google News still has a slopfarm issue
Links 05/08/2025: Hey Hi (AI) Passing Fads and GAFAM "Embracing the Military"
Links for the day
Links 05/08/2025: Samsung and Microsoft Layoffs
Links for the day
Rumours of Mass Layoffs at Red Hat Next Week (August 11th, 2025)
The eleventh means next Monday
IBM is Shutting Down (Piecewise)
IBM is basically being liquidated
The Debian Language Police Department (PD)
"there has never been complaints about anyone that was offended by this -off package"
When The Register MS Says "Linux Backdoor" It Actually Talks About Malware
The leading story in The Register US/MS this morning is Microsoft
Microsoft Windows Fell to 19% "Market Share" in Montenegro
Microsoft must be well aware of this trend
Why We Also Include Gopher Links in Our Gemini (Protocol) Links
There are still many people who use Gopher to relay their messages (like blog posts). They're mostly technical people.
Shouting is an Indication of a Lack of Convincing Argument
Beware what they are attempting to distract from
Mongolia: Microsoft Windows at All-Time Low
in 2009 when Windows was at 99.45% in Mongolia the company was "worth" less than 200 billion dollars
About a Quarter of Today's "linux" News in Google News Came From One Domain and It's a Slopfarm
Not kidding!
Gemini Links 05/08/2025: Zombie Threat and Switching to NixOS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 04, 2025
IRC logs for Monday, August 04, 2025
ChatGPT in Trouble
Watch out for the newer buzzwords
The Register MS Links to the Wrong statCounter Page
They link to older data
Dr. Andy Farnell Explains How Google Turned From "Librarian" Into "Oracle", Telling Us What to Think Instead of Where to Look
Google was always a lousy librarian
Microsoft Layoffs Continue in August 2025
If Microsoft is doing so well, how come about 10 rounds of layoffs in about 7 months in 2025?
In Many Countries Vista 11 Adoption Stalled or Became Negative
Not just because people move to GNU/Linux
Microsofters' Lawyers Are Name-calling and Insulting Microsoft Critics, Even Their Spouses
How not to win arguments
Flagging or Tagging Slop That We Find Online
Right now we use ImageMagick
Links 04/08/2025: Very Bad Weather and Travel Restrictions in China
Links for the day
Gemini Links 04/08/2025: Misiamisia and Mobile Linux
Links for the day
Microsoft's Stock is Like a Religion, Microsoft Goes Into 'Hiding' (From Shareholders)
like a religious person or devout believer, the media just parrot anything Microsoft says
Links 04/08/2025: 80 Years Since Last Nuclear War, IPv6 in China
Links for the day
Groklaw Static Site Relaunches With New Theme, But Many Pages and All the Comments Are Missing
We suppose that's still a lot better than the site being offline, as it was for several months
"For Five decades; For freedoms; For all users" (Original EMACS Turns 50 Next Year)
Linus Benedict Torvalds was only 6 when EMACS started
In Spain, Microsoft's Search Engine Market Share Fell to 2%
16 years have passed since Bing was introduced
Protecting GNU/Linux-Centric Journalism From Serial Sloppers
Unoriginal slop is taking away traffic from the people who did all the real work
It Looks Like Managers at Oracle Now Use LLM Slop to Write Blog Posts
Did he cheat by prompting LLMs for mindless text "filler"?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 03, 2025
IRC logs for Sunday, August 03, 2025
Gemini Links 04/08/2025: Qubes OS and Curious crypto case of certificates (CCCC)
Links for the day
They Tell Us That "Cloud Storage" is Safe and Robust to Incidents Like Fires
Do you have backups? Where are they and who controls them?
"Allowing SDL to default to Wayland caused a number of customer issues so keep the default at X11 for now"
2025 is another year of Wayland ambitions. It's also a year of self-fulfilling prophecies.
In The United Kingdom (UK), Microsoft Search (Bing) Falls to All-Time Low
Grow? What grow??? It's collapsing.
GNU/Linux Reaches 5% in Oman
Some GNU/Linux distros are made in Oman
Google's "AI Mode" is a Pathetic Joke Prematurely Introduced in the UK (Like "Bard", Which Sank the Company's Shares)
what Google "thinks" about PCLinuxOS
What the Free Software Foundation Started Four Decades Ago is Becoming Mainstream
"Four decades; Four freedoms; For all users"
Doing a Better Job at Labelling Slop Images
we'll label screenshots that contain slop, typically with red-coloured text overlay
Social Control Media is Out of Style
What's your excuse for wasting time on (or in) it?
Maldives: GNU/Linux at All-Time High, Windows at New Lows
data from statCounter shows a reassuring trend
Efficiency is Good, So Why Won't Governments Cull LLM Companies Using Stronger, Stringent Policies?
Like every bubble that ever existed, including some recent ones, an end will come
The Defunct Site LinuxConfig Has Published a Fake Article About Richard Stallman Using LLM Slop, Which Stallman Calls "Bullshit Generator"
Worse yet, it is writing using a "Bullshit Generator" (the term used by Stallman) about Stallman's health
Microsoft Windows Falls to All-Time Lows in Morocco and Algeria
About 70% or even less
StopGenAI in the Cyber Show (C|S)
covering a theme that we too covered a lot lately
Gemini Links 03/08/2025: Once-a-Decade Couch Shopping and Blessings in Disguise
Links for the day
Links 03/08/2025: Political Catch-up, Global Warming, and Hunger
Links for the day
Brittany Day Entered LLM Slop Into LinuxSecurity.com and Something Hilarious Happened: The Site is "Exploited"
The brainless, effortless copypasta of "slop artists" shows its limits
Links 03/08/2025: Microsoft Exchange 0-day Exploited and Avoidable Nuclear Escalation
Links for the day
Next Month 'New Techrights' Turns Two
Next month, on the fourth week, it'll be 2 years since the migration
Definitely Not a Ponzi Scheme
Bitcoin v Microsoft
Online Safety Act Tries to Accomplish the Impossible
All I can say is, "good luck with that!"
The Electronic Frontier Foundation (EFF) is a Billionaires' Lobby
Billionaires that control tech companies
Microsoft Borrows 3 Billion Dollars Per Month, a Company Truly Worth Trillions Would Not Do This
if Windows (and Office) "market share" fell from about 90% to barely 30%, how come Microsoft is now "valued" at 20 times more?
It's Even Worse Than Microsoft Lunduke Puts It; GNOME is SLAPPing Journalists
In our experience, GNOME is so malicious - some elements of it in particular - that it would launch multiple simultaneous SLAPP campaigns not only against journalists but also their spouses
GNU/Linux Adoption Reaches All-Time Highs in Chile, statCounter Indicates
This month marks 4 years since Vista 11 came out (as a fake "leak") and some surveys still measure its adoption at less than 40%
Slop Will Not Change the World
Some of us grow up sooner and leave that nonsense behind (or altogether avoid/skip it)
Gemini Links 03/08/2025: Nostalgia and TOFU
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 02, 2025
IRC logs for Saturday, August 02, 2025