Bonum Certa Men Certa

Google Validates Techrights' Assertion That Microsoft and Apple Are Part of a Cartel Against Linux

Patent stooges



Summary: When Microsoft and Apple "get into bed together you have to start wondering what's going on," claims a Senior Vice President from Google, furthermore stressing that there is a "hostile, organized campaign" against the Linux-powered Android

THE patent attacks on Google are more or less coordinated as those who sue over Android are aware of other lawsuits and also speak about them. Microsoft, for example, implicitly congratulated Apple on its lawsuits against Android. These two companies also pool money together in order to form patent cartels (e.g. Nortel, CPTN) at the cost of billions. The US DOJ is investigating the Nortel sale based on numerous sources including Microsoft boosters who say:



The $4.5 billion Nortel patent sale to Microsoft, Research in Motion and Apple is reportedly the focus of a deeper investigation by U.S. antitrust regulators. The Wall Street Journal reports that the Justice Department is trying to determine whether the purchase would unfairly hurt smartphone makers that use Google's Android operating system.

The consortium of businesses out-bid Google for the patent portfolio auctioned off by the bankrupt Nortel Networks last month. The extensive patent portfolio -- 6,000 in total -- touches nearly every aspect of telecommunications and additional markets as well, including Internet search and social networking.


There are some other notable pieces on the subject and Microsoft boosters try to either predict doom for Android or daemonise Google for buying IBM patents as recently found out and explained by one blogger:

Yesterday I noticed a very large number of new patents listed in the USPTO assignment records for Google from IBM, and made note of them in a post, Google Acquires Over 1,000 IBM Patents in July.

I didn’t expect or anticipate the interest that my post would stir up, though I probably should have, given what seems to be an increased amount of litigation directed at Google involving patent infringement claims, with Apple taking on HTC and Google, Oracle and Google disputing use of Java in Android, Purple Leaf taking exception to Checkout, and other suits.

Given the interest in the IBM patents in a number of places on the web and some conversations I had, I thought it might be a good idea to provide the list of patents that Google acquired earlier this month. Google acquired a number of additional patents from IBM earlier this year and last year as well. I included those in my February post, Google Patents, Updated and Google Self Driving Cars Get Jumpstart from IBM Patents.


Groklaw, which is very IBM-friendly, has a lot to say not only about the patent sale (remember what Professor Webbink does for a living) but also about the Oracle vs. Google case [1, 2, 3] which it helps suppress. It does seem likely that Oracle will be disappointed at the end.

Google calls patents the same as Richard Stallman calls them, based on the headline "Google On The Nortel Loss, Patents As Government-Granted Monopolies, And Plates Of Spaghetti" (source)

There is a lot of coverage linking back to Bloomberg. "Bloomberg reports that Google General Counsel Kent Walker likened patent purchases, and their resulting use, as a battlefield and added that it was hard to find a way through the "mess" of litigation," says one news site.

"Google calls patents the same as Richard Stallman calls them..."Google claims that "It's hard to find what's the best path - there's so much litigation [...] We're exploring a variety of different things."

The seminal report is here and there are second-hand accounts too, coming from many directions [1, 2, 3, 4]:

"I have worked in the tech sector for over two decades. Microsoft and Apple have always been at each other's throats, so when they get into bed together you have to start wondering what's going on," writes David Drummond, SVP and chief legal officer.

Drummond said that Android was becoming more and more popular and winning more and more users, however he added that its successes were being tarnished.


That latest claim is mentioned in this audiocast

"Google Responds To Microsoft’s “Gotcha”: They’re Diverting Attention With A Trick That Failed," says the Washington Post headline. To quote:

Yesterday, Google wrote a post calling out Microsoft, Apple, Oracle, and others for using “bogus” patents to try to kill Android. Some of the patents Google’s Chief Legal Officer David Drummond mentioned included the ones Microsoft acquired from Novell (not to be confused with Nortel, which happened later). When Microsoft saw this, two senior officials took to Twitter to effectively pants Google. You see, Microsoft had tried to get Google to partner with them to buy the Novell patents — Google turned them down. And Microsoft had the email to prove it.


This diversion/controversy is hinged upon Google's post which validates an interesting take from Muktware:

Microsoft seems to be the favorite disciple of the Indian Guru. I have been covering Microsoft since the days it made bogus claims that Linux infringes on it patents and then the way they got their OOXML approved as an ISO standard by by hook or by crook. Ever since I take everything that this monopoly say with a grain of salt.

Yesterday when Google blogged about how Apple and Microsoft are piling up software patents to intensify attack on Android, I was certain of any confusion statement from Microsoft's. It happened, we covered it here. We were expecting a response from Google and it came.

Daring Fireball: an Apple fan's assessment of the situation What's more exciting to see is that Apple fanboys cum blogger are all excited about Microsoft's ambiguous statement. Daring Fireball's John Gruber writes, "So if Google had acquired the rights to these patents, that would have been OK. But when others acquired them, it’s a 'hostile, organized campaign'."

What more evidence does he need than the fact that Apple has sued almost every Android player in the market over patent issues because the company doesn't know what the healthy competition is. And Microsoft, like an extortion gang, is going after Android players demanding $15 per unit which is far more than the licence of Microsoft's own WP 7. Still Mr Gruber doesn't see any hostility here?

He goes on to say, "It’s OK for Google to undermine Microsoft's for-pay OS licensing business by giving Android away for free, but it's not OK for Microsoft to undermine Google's attempts to give away for free an OS that violates patents belonging to Microsoft?"


Dr. Glyn Moody makes another call to abolish software patents:

As long-suffering readers will know, I've been warning about the growing problem of patent thickets in the field of software for some time now. Until relatively recently, I and a few others have been voices crying in the wilderness: the general consensus has been that patents are good, and more patents are better. But in the last few weeks, the first hopeful signs have appeared that at least some people are beginning to realise that software patents not only do not promote innovation, they actually throttle it.


Here is the part where Moody mentions Google while also taking note of these comments:

Finally, a very interesting interview with Google’s Senior Vice President & General Counsel appeared yesterday, in which he said:

“Patents are government-granted monopolies,” Walker then says quite matter-of-factly. “We have them to reward innovation, but that’s not happening here,” he says.

So, as you might expect, I'm pleased that people are finally waking up to the seriousness of the situation. More and more are beginning to talk about abolishing software patents altogether - something I have been advocating for years now. But I don't think that goes far enough: we need to abolish all patents, for everything.


From Google's point of view, there is a cartel in action:

Google chief legal officer David Drummond has claimed that Apple, Microsoft, Oracle, and other companies have waged a "hostile, organized campaign" against Google's Android operating system using "bogus patents".

"I have worked in the tech sector for over two decades. Microsoft and Apple have always been at each other’s throats, so when they get into bed together you have to start wondering what's going on," Drummond said on Wednesday in a blog post.


CNET did cover this because when the cartel strikes, ignoring it would lead to allegation of bias. As more and more reports give room for Google's plea, more members of the public will perhaps be incited against patents.

Pamela Jones is meanwhile back to blogging and she says that Microsoft breaks antitrust rules:



The trouble with FUD is at first it sounds correct, or at least plausible. So when Google complained about the Apple-Microsoft partnership and the deliberate patent policy against Google, Microsoft's first response sounded like a killer blow. It said it had asked Google to join them. But… let's take a little bit closer look, because in doing so, it let slip a fact that we did not know until now -- that Google tried to get the 800 or so Novell patents that CPTN, an entity Microsoft set up with Oracle, Apple and EMC, eventually won.

That revelation tells us the most fundamental fact about patent law in the US today -- namely that even if you have as much money as Google, you can't freely innovate and provide fabulous products because the patent thicket is so dense already and the Proprietary Patent Club is joining hands to keep any newcomer out of the competition. And that's exactly why articles about Google "whining" or viewing this as just a verbal war are missing the point Google was making, namely pointing out that it can be *illegal* to use patents for an anticompetitive purpose. There's a line, and Google is indicating that it thinks that line has been crossed.

As we saw in the Novell patent scenario, the Department of Justice agreed that the deal was not acceptable, intervening to protect the Open Source community, so it understood the danger and altered what Microsoft in particular was allowed to do with the patents it arranged to buy.

So Google isn't dreaming. This is antitrust reality and that may be why Microsoft took Google's initial complaint seriously enough to respond.

This isn't about patents. It's about antitrust.


Microsoft's booster Josh Lowensohn plays ball for Microsoft using CNET as the platform, leading to the illusion of balance (Microsoft is the aggressor really, not a victim)

Another audiocast from CNET touches the subject, but it is too conformist. As it is sponsored by Apple and Microsoft as key advertisers, it is also filled with conflicts of interest. In any event, Google wastes more money on this whole patent bureaucracy while HTC too finds itself needing to put up a fight against Apple, having surrendered to Microsoft. Here is an interesting take on it:

HTC Develops Workaround To Bypass Apple Patent Attacks



[...]

If the workaround are suitable HTC may share them with other partners of the Open Handset Alliance to help boost the deployment of Android.


MPEG-LA and Microsoft booster have posted a silly headline echoing MPEG-LA's allegations against Google. One of them is in our IRC channel supporting the cartel known as MPEG-LA while the other previously spammed us with MPEG-LA promotion. Google would hate to depend on MPEG-LA as Ubuntu is already extorted by MEPG-LA (the main proponents of MPEG-LA are Microsoft, Apple, and Nokia). One reader wrote to us to say: "The [Ubuntu Forums] thread doesn't really go anywhere but it does raise the interesting issue of whether any technology is safely imported into and used in the US these days."

It is worth noting that Rick F., the Patent Troll Tracker, has just had his blog abducted by some cricket spammer. We really need more reporters to expose the shady workings of trolls like MPEG-LA (headed by a patent troll who hides behind a separate entity), which sometimes work at the behest of a "criminal enterprise” using them as a proxy. Thankfully, people are starting to realise how this whole industry of patents really works. It's repellent.

Comments

Recent Techrights' Posts

Microsoft: Work Weekends Too
Microsoft literally working its workers to death
 
September at IBM: Silent Layoffs on Day 1
PIPocalypse at IBM
Last Month IRC Entered Its 39th Year and It's Still Growing (New IRC Networks)
There are 511+ known IRC networks
Links 01/09/2026: Climate, Disinformation, Microsoft Overworking People
Links for the day
Richard Stallman's Site Still Offline (Third Day), But Richard Stallman is Active Online
he is busy online despite his site not being accessible so far this week
PIP Layoffs at Microsoft, Even in India
Microsoft is trying to hide the true scale of the layoffs
Layoff Trackers Are a Sham, They're Like US 'Unemployment Data'
Layoff trackers are similarly misleading as they only measure what companies openly admit and register with WARN notices
The Peculiar Case of OSNews, Which Experiments With Slopfarming
It wasn't published in error. It has been there for two months.
Russian Federation is Removing Windows From Computers
Windows is going "out of fashion"
XBox CEO Has No Clue What She is Selling
Some people believe Microsoft will parcel and offload the whole "gaming" unit to some other companies
analognowhere.com and xkcd.com Selling Physical Copies of Webcomics
That's one way to support their work
PIP/GVSA at Microsoft: Mass Layoffs Disguised as Something Else
Microsoft is trying to cheapen the workforce because the numbers don't add up
Microsoft Lunduke Uses Twitter ("X") Because It's Algorithmically Designed to Boost His Worldview/s, He Ignores What "X" Is
Maybe all those people really deserve one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 31, 2026
IRC logs for Monday, August 31, 2026
Censorship by Threats
It should be noted that the Web site of Richard Stallman will soon enter its third day of downtime
In Romania, GNU/Linux Reaches 6%, According to Clownflare
Tomorrow we'll see the latest data from statCounter (for September)
Gemini Links 01/09/2026: Denali Park Train Trip, Crafts, and Community-Building in smol.pub
Links for the day
Microsoft Workers Doing 80 Hours a Week After Microsoft Culled Their Colleagues
there are days when they work 17 hours a day (barely any time left to sleep and eat) and work starts at 5AM
IBM Defrauds Shareholders With Fake News (Bribed Press) About "Quantum"
That says a lot about the state of "Tech Giants" and also the utterly shameless state of the media
Record Highs for GNU/Linux, Especially in the United States of America
the "market share" of GNU/Linux is about 9%, still about a third of what Vista 11 stands at
PIPocalypse at IBM
Silent layoffs
Spending Over a Million Bucks on Lawsuits Abroad When There's a Big Mortgage to Pay in America
Priorities, priorities...
Gemini Links 31/08/2026: Announcing ROOPHLOCH 2026, smol.pub Discussion, and LLM Plagiarism Engines Target Geminispace
Links for the day
Richard Stallman's GNU Turns 43 in 4 Weeks, FSF Growing
In a few weeks GNU turns 43
IBM's Cuts Are Worsening Security in GNU/Linux
IBM is still run by the same idiot who proposed taking over Red Hat
Links 31/08/2026: Anthropic Sued Again for Copyright Infringement of Massive Scale, 'Tokenmaxxing' Shows Slop is a Worthless Liability
Links for the day
Links 31/08/2026: "Teslas Are Still Driving Into Oncoming Freight Trains" and "LLM Moats Quickly Evaporating"
Links for the day
Stallman Has Explained Slop is "Marketing Hype Campaign" and Torvalds Agreed. The Difference is the Bribes.
So be like Stallman
Debian Project Discards About 25% of the Votes on LLM Slop, Microsoft Votes in the General Resolution (GR)
"[t]he rules of the vote saw community members asked to rank each of the eight proposals. Just under 600 people voted, but Debian’s election team rejected many for unspecified reasons, leaving almost 450 valid votes to count."
Essentiality of Rest and Killing Oneself for Vicious Companies
Working for Microsoft is foolish
In the UK, Bing (Microsoft) Down to Lowest Level Since January
our tax money being passed to Microsoft via MoUs (back door deals with kickbacks)
SLAPP Censorship - Part 167 Out of 200: The Court of Appeal Might be the Next Step
Today is our last vacation day
German Government Sponsors IBM Because of GNU/Linux
Flatpak is sponsored by, run, and controlled by IBM
Richard Stallman Speaks to Christine Hall of FOSS Force, stallman.org is Down for Over a Day
interview does a good job addressing the hype about LLMs too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 30, 2026
IRC logs for Sunday, August 30, 2026
Gemini Links 31/08/2026: Holidays, Stream of Consciousness, and Posting Online
Links for the day
Anniversaries Next Month
The month should be otherwise quiet and uneventful for us
Coding is Not Obsolete
we drown ourselves in chaff to meet "LOC" objectives while ignoring everything else
Microsoft Layoffs Perpetual But Silent, People Pushed Out Using Pressure or Incentive Schemes
Earlier this month we named some of the programs
Links 30/08/2026: Apple Rant and LLM (Slop) Scrapers Target Gemini Protocol and Gopher
Links for the day
Salaries Are Counted in Money, Not in Participation in the Employer's Scheme
articles greatly exaggerating GAFAM salaries
Walls in Free Software
mind your own business and move on
Even Linux Cannot Cope With Slop
Bots on the Web are truly obnoxious
What a Summer!
Tomorrow is the last day of this month
Links 30/08/2026: Soldiers in Niger Attack Presidential Palace and Airport, Nepali City Struggles to Handle the Many Dead Bodies
Links for the day
Clownflare Sees GNU/Linux Rising to 11% This Past Week
Is it the year of "Linux in China"?
Links 30/08/2026: Russian Strike on a Ukrainian Warehouse and Rhetoric Escalations
Links for the day
Gemini Links 30/08/2026: Photography, Paper Books, Linux Kernel and the Debian Projects Permitting Slop Plagiarism
Links for the day
Imagine a World Where Nobody Fights for Software (and Computing) Freedom
The community keeps fighting back, so some of these ambitions are delayed or watered down
FSF Has Grown (More Staff) After a Year of Financial Growth
On October 4 the FSF turns 41
GNU/Linux Has Become More Mainstream in the United Kingdom
It's a long weekend here and we guess some people dabble in GNU/Linux migrations, at least at home
SLAPP Censorship - Part 166 Out of 200: Garrett Wasn't Found Innocent Per Se, the Court Wanted More Evidence of Who Was Behind Particular Accounts Using Tor
It's complicated
Criminals Don't Obey Laws, California Does Not Enhance Online Safety
It has been a while since we last mentioned so-called 'age-verification' laws
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 29, 2026
IRC logs for Saturday, August 29, 2026