08.16.11

Gemini version available ♊︎

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

Posted in Apple, GNU/Linux, Google, Microsoft, Patents at 8:36 am by Dr. Roy Schestowitz

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?

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 7/12/2021: Plasma Mobile Gear 21.12 and Tails 4.25

    Links for the day



  2. All IRC Logs Now Available as GemText Over Gemini Protocol

    Today we've completed the transition from plain text over gemini:// to GemText over gemini:// for IRC logs



  3. IRC Proceedings: Monday, December 06, 2021

    IRC logs for Monday, December 06, 2021



  4. [Meme] Rowing to the Bottom of the Ocean

    The EPO‘s Steve Rowan (VP1) is failing EPO staff and sort of “firing” workers during times of crisis (not at all a crisis to the EPO’s coffers)



  5. EPO Gradually Reduced to 'Fee Collection Agency' Which Eliminates Its Very Own Staff

    Mr. Redundancies and Mr. Cloud are outsourcing EPO jobs to Microsoft and Serco as if the EPO is an American corporation, providing no comfort to long-serving EPO staff



  6. Linux Foundation 2021 Annual Report Made on an Apple Mac Using Proprietary Software

    Yes, you’re reading this correctly. They still reject both “Linux” and “Open Source” (no dogfooding). This annual report is badly compressed; each page of the PDF is, on average, almost a megabyte in size (58.8 MB for a report of this scale is unreasonable and discriminates against people in countries with slow Internet connections); notice how they’re milking the brand in the first page (straight after the cover page, the 1991 ‘creation myth’, ignoring GNU); remember that this foundation is named after a trademark which is not even its own!



  7. Links 7/12/2021: OpenIndiana Hipster 2021.10 and AppStream 0.15

    Links for the day



  8. Microsoft “Defender” Pretender Attacks Random Software That Uses NSIS for installation; “Super Duper Secure Mode” for Edge is a Laugh

    Guest post by Ryan, reprinted with permission



  9. Links 6/12/2021: LibreOffice Maintenance Releases, Firefox 95 Finalised

    Links for the day



  10. “Wintel” “Secure” uEFI Firmware Used to Store Persistent Malware, and Security Theater Boot is Worthless

    Guest post by Ryan, reprinted with permission



  11. No Linux Foundation IRS Disclosures Since 2018

    The publicly-available records or IRS information about the Linux Foundation is suspiciously behind; compared to other organisations with a "tax-exempt" status the Linux Foundation is one year behind already



  12. Jim Zemlin Has Deleted All of His Tweets

    The Linux Foundation‘s Jim Zemlin seems to have become rather publicity-shy (screenshots above are self-explanatory; latest snapshot), but years ago he could not contain his excitement about Microsoft, which he said was "loved" by what it was attacking. Days ago it became apparent that Microsoft’s patent troll is still attacking Linux with patents and Zemlin’s decision to appoint Microsoft as the At-Large Director (in effect bossing Linus Torvalds) at the ‘Linux’ Foundation’s Board of Directors is already backfiring. She not only gets her whole salary from Microsoft but also allegedly protects sexual predators who assault women… by hiring them despite repeated warnings; if the leadership of the ‘Linux’ Foundation protects sexual predators who strangle women (even paying them a salary and giving them management positions), how can the ‘Linux’ Foundation ever claim to represent inclusion and diversity?



  13. Microsoft GitHub Exposé — Part IX — Microsoft's Chief Architect of GitHub Copilot Sought to be Arrested One Day After Techrights Article About Him

    Balabhadra (Alex) Graveley has warrant for his arrest, albeit only after a lot of harm and damage had already been done (to multiple people) and Microsoft started paying him



  14. The Committee on Patent Law (PLC) Informed About Overlooked Issues “Which Might Have a Bearing on the Validity of EPO Patents.”

    In a publication circulated or prepared last week the Central Staff Committee (CSC) of the EPO explains a situation never explored in so-called 'media' (the very little that's left of it)



  15. Links 6/12/2021: HowTos and Patents

    Links for the day



  16. IRC Proceedings: Sunday, December 05, 2021

    IRC logs for Sunday, December 05, 2021



  17. Gemini Space/Protocol: Taking IRC Logs to the Next Level

    Tonight we begin the migration to GemText for our daily IRC logs, having already made them available over gemini://



  18. Links 6/12/2021: Gnuastro 0.16 and Linux 5.16 RC4

    Links for the day



  19. Links 5/12/2021: Touchpad Gestures in XWayland

    Links for the day



  20. Society Needs to Take Back Computing, Data, and Networks

    Why GemText needs to become 'the new HTML' (but remain very simple) in order for cyberspace to be taken away from state-connected and military-funded corporations that spy on people and abuse society at large



  21. [Meme] Meanwhile in Austria...

    With lobbyists-led leadership one might be led to believe that a treaty strictly requiring ratification by the UK is somehow feasible (even if technically and legally it's moot already)



  22. The EPO's Web Site is a Parade of Endless Lies and Celebration of Gross Violations of the Law

    The EPO's noise site (formerly it had a "news" section, but it has not been honest for about a decade) is a torrent of lies, cover-up, and promotion of crimes; maybe the lies are obvious for everybody to see (at least EPO insiders), but nevertheless a rebuttal seems necessary



  23. The Letter EPO Management Does Not Want Applicants to See (or Respond to)

    A letter from the Munich Staff Committee at the EPO highlights the worrying extent of neglect of patent quality under Benoît Battistelli and António Campinos; the management of the EPO did not even bother replying to that letter (instead it was busy outsourcing the EPO to Microsoft)



  24. IRC Proceedings: Saturday, December 04, 2021

    IRC logs for Saturday, December 04, 2021



  25. EPO-Bribed IAM 'Media' Has Praised Quality, Which Even EPO Staff (Examiners) Does Not Praise

    It's easy to see something is terribly wrong when the people who do the actual work do not agree with the media's praise of their work (a praise motivated by a nefarious, alternate agenda)



  26. Tux Machines is 17.5 Years Old Today

    Tux Machines -- our 'sister site' for GNU/Linux news -- started in 2004. We're soon entering 2022.



  27. Approaching 100

    We'll soon have 100 files in Git; if that matters at all...



  28. Improving Gemini by Posting IRC Logs (and Scrollback) as GemText

    Our adoption of Gemini and of GemText increases; with nearly 100,000 page requests in the first 3 days of Decembe (over gemini://) it’s clear that the growing potential of the protocol is realised, hence the rapid growth too; Gemini is great for self-hosting, which is in turn essential when publishing suppressed and controversial information (subject to censorship through blackmail and other ‘creative’ means)



  29. Links 4/12/2021: IPFire 2.27 Core Update 162 and Genode OS Framework 21.11

    Links for the day



  30. Links 4/12/2021: Gedit Plans and More

    Links for the day


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

Recent Posts