Bonum Certa Men Certa

Former Microsoft Lawyer and Pro-Microsoft Lobbyist Lie and Distort Android Legalities to Distract From Motorola Sale

Meerkats



Summary: Team Microsoft provides a distraction to take people's attention away from the news about Android getting more solid legal basis

WELL, guess what? It seems as though we correctly predicted this sale of Motorola to Google even a day before it happened. "It's all about the patents," says ZDNet in the headline and it is probably true. Motorola also gives Google a chance to fight Microsoft and Apple in court, defending Android from some insidious allegations, using counter-attacks with Motorola patents (Google inherits these legal cases which were invoked separately by Microsoft and Apple). Google is buying them at above real value and Google's CEO explains why. Here is Google's official statement. A lot has been written about this already, so we need not say much except that it harms the efforts to fix the patent system but probably helps Linux in the short term.



Here is where it gets interesting. Apart from some dishonest 'journalists' who try to spin this against Google, there are some dishonest people, such as a lawyer previously employed by Microsoft (who later spread some lies about Android), who talk nonsense to distract from the above news. It is proposed by Microsoft's buddy Naughton that Google's Android has GPL problems. Well, just google "Naughton microsoft" and you will get "Lawyer behind Android infringement claim has Microsoft ties" (he hid his Microsoft ties by deletion and later got caught doing this). We covered this at the time while some reposted known lies. Anyway, his latest decoy spawned some headline trolling [1, 2, 3] and a storm over nothing, possibly promoted by Florian Müller's 'spamming' of journalists. He is debunked in Slashdot and other such sites (waste of space and focus), including Groklaw which writes:

Attorney Edward Naughton of Brown Rudnick has written [ Part II] more misinformation about the GPL in yet another false prediction of Android's doom. Once again Mr. Naughton takes a non-story and blows it out of proportion, and of course, FOSSPatents does its part to blow hot air into the story as well.

If the idea is to scare off potential Android OEM's or purchasers of Android-powered phones, this sort of scare tactic is just rubbish. It has failed in the past, and it will fail this time.

People who don't understand the GPL probably shouldn't write about it, including lawyers. I'll show you the mistakes in the article, and please note that while I am a member of the board of directors of Software Freedom Law Center, which will factor into this story, I speak only for myself and Groklaw, not for SFLC in this article.


Bradley M. Kuhn too has responded to this:

Unfortunately, Edward Naughton is at it again, and everyone keeps emailing me about, including Brian Proffitt, who quoted my email response to him this morning in his article.

As I said in my response to Brian, I've written before on this issue and I have nothing much more to add. Naughton has not identified a GPL violation that actually occurred, at least with respect to Google's own distribution of Android, and he has completely ignored my public call for him to make such a formal report to the copyright holders of GPL violations for which he has evidence (if any).


Here is a summary of some responses:

Even as Google announced their acquisition plans for Motorola Mobility today, vague legal accusations were re-hashed by IP attorney Edward J. Naughton that imply that all Android manufacturers are at risk of losing their rights to distribute Android because of they did not comply with the terms of the GNU General Public License (GPL). But the head of the Software Freedom Conservancy states there are still, despite the arm waving, no legitimate claims made on Android GPL violation. Actually, Naughton doesn't just imply problems for Android vendors, he just comes right out and says it: Android manufacturers have already lost their licenses to distribute GPLed code inside Android. "Not long ago, open source advocates sued more than a dozen major consumer electronics manufacturers, claiming that the manufacturers had lost the right to use GPL'd software in their devices. It looks like the same could be said of Android: virtually every one is unlicensed," Naughton wrote in his blog.

One of Naughton's biggest cheerleaders, FOSSPatent author Florian Mueller, is also explicit in his own amplification of Naughton's theories:


Nothing to see here then. Microsoft is still briefing its gang which includes lobbyists like Microsoft Florian, who occasionally communicates with Naughton as well. it's just a coordinated attack on Android. You can only cry "Wolf!" twice. Why is anyone paying attention to those people rather than cover the real news, which is about Android gaining a patent shield against Apple's and Microsoft's patent cartel?

Recent Techrights' Posts

Machine-Generated Legal Documents, Over 2,000 Pages Sent to Us Today Alone
We now know that the papers we receive are produced using bots (algorithms)
 
When EPO Team Managers (TMs) Are Harassing People Who Strictly Apply the European Patent Convention (EPC) in Patent Examination
There are two strikes planned for this month
Confirmed: Using Slop Gets You Fired
Let the story of Benj Edwards be a cautionary tale
Links 03/03/2026: "No one wants to read your AI slop" and "chatbots in the kill chain"
Links for the day
EPO and "Equivalent to More Than 100 Days of Strike"
The industrial actions continue and already have a positive effect
Streisand Effect, the Microsoft Way
Microsoft has once again proven the Streisand Effect
Keeping Track of IBM Layoffs in March 2026
IBM depends on bribery
GNU/Linux Measured at 7% in Yemen
Windows is too hostile and dangerous
Links 03/03/2026: Security Breaches, Iceland Wants EU Membership, and "Wall Street–Backed Lawmakers Want to Help Banks Gouge You"
Links for the day
Queensland Health Payroll System: IBM billion-dollar-blowout inquiry
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 02, 2026
IRC logs for Monday, March 02, 2026
Gemini Links 03/03/2026: GrapheneOS and Keyboard Shortcuts
Links for the day
Tomorrow should be sunny (at long last!) and a generally productive dayProductive Week Ahead
Tomorrow should be sunny (at long last!) and a generally productive day
Only One Slopfarm Seems to Have Targeted "Linux" Today
It certainly does feel like the slop hype is reaching the "late life crisis" and companies that benefited from this bubble are overdue for a day of reckoning
Microsoft Mass Layoffs: Being Sacked at 1AM in the Morning
Watch what happens to Microsoft employees who get pregnant
Links 02/03/2026: More Social Control Media Bans, Climate Change Woes, and "Journalist With Germany's Deutsche Welle Arrested in Turkey"
Links for the day
Gemini Links 02/03/2026: Small Phones, "I 3D Printed My Brain", and "Managing 5 Servers at Once with tmux"
Links for the day
IBM is Trying to Hide Mass Layoffs, Not Only With NDAs and 'Scripted' LinkedIn Posts
From what we can gather (screenshot above), today many people leave IBM and Red Hat
Richard Stallman is Giving a Public Talk This Week (Friday in Lucerne School of Computer Science and Information Technology)
His birthday is just around the corner.
Windows Falls to New Low in World's Largest Population (India)
Windows is now down to 7%
Never Miss a Good Opportunity to Shut Up and Drink Coffee
Threats come at a cost; each time you issue a threat you stigmatise yourself as a bully
Last Month Matthew Garrett Said Ridiculous Things After His Spouse Had Called Him a "Rapist", Now He's Trying to Take the Site Offline and Put My Family in Prison
The real issue of concern to him (and his alleged reputation) is the spouse and the matter is to be dealt with in America, not the UK
Reporting to Our Politicians/MPs the Failure of the SRA to Stop Hired Guns Who Help Americans (Men Who Attack Women and Nowadays Also Attack British Reporters)
About a month ago my wife wrote to politicians to get the ball rolling
The Topic Many People Don't Want to Talk or Write About
"DEI" is inherently about making racial and gender patterns better reflect society's
XBox is Virtually Dead Already, What Next Will Die at Microsoft?
Now that there are mass layoffs at Microsoft datacentres it is not premature to speculate about what dies after XBox
For the First Time, statCounter Measures Internet Explorer at 0.01% "Market Share"
What Microsoft replaced it with is just a Chrome clone with extra spyware
Was a Lot of "Windows" and "Unknown" in Iran Just GNU/Linux in Disguise?
more than 1 in 10 desktop/laptop requests is estimated to be GNU/Linux
"Here in the UK, GNU/Linux rose to all-time high at Windows' expense"
Will this entail Software Freedom as well? This depends on all of us
Links 02/03/2026: Claude Code Causes a Mexican Government Cyberattack, "London Repair Week" Noted
Links for the day
2026 Microsoft Mass Layoffs in So-called 'AI' Datacentres, Why Doesn't the Mainstream Media Cover The News?
What does this tell us about the state of the media?
Don't Fall for "Top X Law Firms" in "Discipline Y", They Pay $Z to Get False Endorsement/s
It's a scheme, a scam, an elaborate fraud
More Publishers Have Turned From Slop Boosters Into Slop Sceptics and Critics
There's a "hidden cost" when one participates (for profit) in "pump and dump" schemes
TeX Live Has New Release, But Planet Debian Won't Tell You That
It 'unpersoned' the developer
LLM Slop Does Not Know People (It Knows Nothing) and Cannot Distinguish Between People. It's a Recipe for Disaster.
no way of knowing who's who
"Over 1,100 Law Firms Gone in Five Years" in the United Kingdom (UK) Alone
There are basically way too many lawyers (looking for "business", e.g. threats and lawfare) and not enough positions to fill
Microsoft FUD From Microsoft Site Helps Distract From Actual Microsoft Back Doors
Published on a Sunday
Free Software Foundation Needs to Become More Active in Europe to Avoid Impersonation by Microsoft-Sponsored Groups
So far we've hardly seen the FSF saying anything at all about the US president
Links 02/03/2026: "Not Envious of Billionaires" and Palantir SLAPPs "Swiss Magazine For Accurately Reporting That The Swiss Government Didn't Want Palantir"
Links for the day
There Has Never Been a Better Time to Quit Social Control Media
Those networks are selling something. And that something is not peace because peace does not sell "attention".
Microsoft Users Drowning in Slop, If They Complain Microsoft Censors Them
Like an authoritarian regime
IBM is Killing Red Hat's Portfolio - Including Linux - to Prop Up Ponzi Scheme ("AI")
IBM is killing Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 01, 2026
IRC logs for Sunday, March 01, 2026
Speed of Sites Matters
Being easily accessible all the time matters to us
Gemini Links 02/03/2026: Weird Phone Calls, Small Phones, and Exploring Racket
Links for the day
Dr. Andy Farnell on "Good Tech"
in the age of "rent everything" and "own nothing"
Gemini Links 01/03/2026: Simpler Software and Announcing OFFLFIRSOCH (OFFLine-FIRst SOftware CHallenge) 2026
Links for the day
EPO "Cocaine Communication Manager" - Part V - Jobs at the EPO for Those Connected to Cocaine Addicts (Skills Not Required)
EPO management is trying to shoot the messenger
Booz Allen Hamilton, the Former Employer of Edward Snowden (NSA Contractor), is Drowning in Debt
Can Supreme Leader Cheeto bail it out like he does slop companies?
On the Concept of "Protected Class" (or Race) at IBM
It's self-harming as in practice it imperils the company and harms the reputation/brand
The Mass Layoffs at Microsoft That Nobody in the "News Industry" Wants to Talk About (and TheLayoff.com Censored, Then It Censored the Evidence of the Censorship)
They basically cover up how they censored the news about Microsoft layoffs
Richard Stallman to Give at Least Three Talks in Switzerland, Starting This Week
No mention (yet) of the Bern talk
On Who 'Speaks for' Techrights
typically a case of misrepresenting the site
'FSFE' an Imposter in Europe, Paid by GAFAM to Represent GAFAM Interests
The Microsoft-sponsored 'FSFE', which violates the terms of use of its name, is causing confusion [...] formally-recognised institutions got tricked into thinking that the Microsoft-sponsored 'FSFE' is the FSF
Lots of Lies From the Slop Industry
The slop industry relies on fake news to give a notion or fake demand
Links 01/03/2026: American Plutocrats Buy American Media While American Constitution Shredded
Links for the day
Teaser: The Next Series About the SRA, Which Would be Just as Effective as It Is Right Now If It Had Zero Employees
the lapdog (of the "litigation industry") that is meant to be perceived as a watchdog
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part I - Introduction
The SRA is a sham. Many people know this already, but we want to document our own experiences with it.
Live Simply, Live Better
Life isn't about "collecting" possessions; it's about doing things that matter and accumulating knowledge so as to make better choices
Now That XBox is Pretty Much Dead and There Are Mass Layoffs at Microsoft
This means our predictions about Microsoft (and XBox) are "falling into place"
Gemini Links 01/03/2026: "In the Spirit of OFFLFIRSOCH" and "Delete Patreon"
Links for the day
ACM Lowers Its Standards for Age of Autocracy
IBM is more than happy to work with autocracies
The term FUD (fear, uncertainty, doubt) was created to describe IBM's tactics and IBM is doing it again
Rob Thomas or "RT"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 28, 2026
IRC logs for Saturday, February 28, 2026