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

Small Codebase is Typically Safer (More Aftermarket Snakeoil Means More Holes)
Rust is just more code
Spending Christmas Pasting Microsoft's Chatbot Garbage - Anti-Linux and Anti-BSD FUD - Into LinuxSecurity.com (Under the Guise of 'Article')
In 2025 we need to tackle this problem
 
Happy Birthday to Linus Torvalds (55)
he's not the "git" which bashers and haters say he is
'LaunchLibre' and Introducing People to Software Freedom While They're Still Young
announcement from "carmenmaris"
With 5 Days Left (Sans Time Extension, Which is Expected) FSF Has Already Raised 60% of the Money It Sought
Technically 59.6485%
Links 27/12/2024: Ongoing Demise of Real Healthcare, Gemlog Cleanup, Fingers Point to Russia After Passenger Plane Crash
Links for the day
Links 27/12/2024: Perfect Desk, Banning Cellphones, Many Cables Cut Near Finland
Links for the day
Gemini Links 27/12/2024: Slop and Self-hosting
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 26, 2024
IRC logs for Thursday, December 26, 2024
Microsoft Openwashing Stunts Initiative (OSI) is A Vulture in "Open" Clothing
it's quite telling that the OSI isn't protecting the Open Source Definition
Gemini Links 25/12/2024: Reality Bites and Gopher Thanks
Links for the day
Links 26/12/2024: Japan-China Mitigations and Mozambique Prison Escape (1,500 Prisoners)
Links for the day
2025 Will be Fought and Fraught With LLM Slop or Fake 'Articles' (Former Media/News Sites Turning to Marketing Spam)
The elephant in the room?
Links 26/12/2024: Ukraine's Energy Supplies Bombed on Christmas Day, Energy Lines Cut/Disrupted in the Baltic Sea Again
Links for the day
Gemini Links 26/12/2024: Rot Economy, Self-hosted Tinylogs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 25, 2024
IRC logs for Wednesday, December 25, 2024
[Meme] Time to Also Investigate Bill Gaetz
Investigation overdue
IBM Has Almost Obliterated or Killed the Entire Fedora Community (Not IBM Staff)
Remaining Fedora insiders are well aware of this, but bringing this up (an "accusation" against IBM) might be a CoC violation
Links 25/12/2024: Fentanylware (TikTok) Scams and "Zelle Scams Lead to $870M Loss"
Links for the day
Brittany Day Can Rest and Let Microsoft/Chatbots Write Fake 'Articles' About "Linux" This Christmas
Who said people don't work on Christmas? Chatbots or plagiarism-as-a-service work 24/7, every day of the year except during Microsoft downtimes
Links 25/12/2024: Windows TCO Brought to SSH, Terence Eden 'Retires'
Links for the day
Links 25/12/2024: Latest Report Front Microsoft Splinter Group, War Updates
Links for the day
Links 25/12/2024: Hong Kong Attacks Activists During Holidays, Xerox to Buy Lexmark
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 24, 2024
IRC logs for Tuesday, December 24, 2024
Gemini Links 25/12/2024: Open Source Social and No Search
Links for the day