Bonum Certa Men Certa

US Citizens: Contact Your Representatives, Seeking Prosecution of Microsoft Executives for Perpetrating Extortion Racket

Because racketeering is a crime

Al Capone mugshot and Steve Ballmer



Summary: Kind request for the RICO Act to be upheld and enforced now that federal agents are under active pressure from Barnes and Noble, Google, and others

MICROSOFT has engaged in a new type of crime for about 5 years now. A lot of it happens behind closed doors. Extortion rackets are not legal, but they can be spun or painted as something else provided that the perpetrators are rich enough to buy the press, to buy lobbyists, to buy politicians, and to change the law with all of those things. The tide is beginning to turn against Microsoft now that the extortion racket has grown too big to be ignored.



While Groklaw does not look at the Oracle vs. Google case (its main focus these days [1, 2, 3]) it looks again at Microsoft and then covers what we covered here before. Microsoft lobbyists such as charlatan/crook Florian Müller and Novell will collude with Microsoft and try to get regulators off their back. Who can blame them? Microsoft pays their wages to do this. They are aiding crooks because it's profitable. One tactic has been to divert attention to the victim, Google, portraying it as an aggressor. Here is one article among many about pursuit of "DOJ probe into Microsoft patent tactics". "The overview, in the slides, of Microsoft's anti-competitive behavior is the following," writes Pamela Jones, who then quotes:

* Publicly Claiming Control of Android and Other Open Source Operating Systems

* Requiring Potential Licensees to Enter into Overly Restrictive Non-Disclosure Agreements

* Demanding Royalties Commensurate with Owning the Entire Android Operating Sysem (and Similar to Royalties for a Windows Phone License) Even Though Microsoft Only Owns Trivial Patents

* Imposing Licensing Provisions Unrelated to Microsoft's Patents and Designed to Prevent Competitor Innovation

* Filing Frivolous Patent Infringement Actions Against Companies That Refuse to Enter Into Anticompetitive Licensing Agreements

* Deal with Nokia Includes an Agreement to Engage in a Coordinated Offense Use of Patents Against Open Source Software

* Purchasing Patent Portfolios that Threaten Open Source Software


"It’s almost as Martin Niemöller said," writes Pogson, “First they came for the communists, and I didn’t speak out because I wasn’t a communist.

Then they came for the trade unionists, and I didn’t speak out because I wasn’t a trade unionist.

Then they came for the Jews, and I didn’t speak out because I wasn’t a Jew.

Then they came for me and there was no one left to speak out for me.”

It is time to call out this nonsense and actually make Microsoft afraid of the law being enforced. What it is doing almost certainty violates the RICO Act, it's just that nobody bothers to actually enforce the law and Microsoft uses NDAs to hide evidence of its criminal activities, just as it hid OOXML bribes to ensure it can corrupt ISO without the watchdogs sending anybody to jail.

Microsoft commits crimes of extortion and only gets away with it because of crooked political systems and a PR campaign it funds to whitewash its behaviour. If you are are US citizen who is tired of this, make sure you let your government representatives know (Microsoft is based in the US, so it has to be done there). A talented writer says that an expert claims regulators are "slow to catch up" to Microsoft patent bullying. In a sane system, Ballmer and his buddy Horacio would possibly be put in prison for a very long time, but as Timothy B. Lee makes apparent, the government is too afraid to take legal action against billionaires (we see this in Wall Street, too). Well, nobody wants to say that the emperor is naked because the PR campaign keeps talking about the garments, not the obvious absurdities:

Expert: Regulators "slow to catch up" to Microsoft patent bullying



Google and at least one of its Android partners—Barnes and Noble—have been agitating for a government antitrust investigation of Microsoft's patent licensing practices. Last month, Barnes and Noble submitted a formal request for the Department of Justice to launch a probe.

According to Barnes and Noble, Microsoft claims to have over 60,000 patents. Fewer than 20,000 of those were granted by the patent office; Microsoft presumably purchased the other 40,000 from other firms. The result is one of the world's largest "patent thickets." Microsoft has so many patents that it's difficult to build a software product as complex as a mobile operating system without infringing dozens, maybe even hundreds, of them.

And Microsoft is taking full advantage of that fact, approaching each Android-based phone manufacturer in turn and demanding stiff licensing fees—fees that are allegedly at least as high as the fees Microsoft charges for its own Windows Phone 7 operating system. Microsoft has also been cagey about identifying the specific patents allegedly infringed by Android vendors. Some observers (including me) have characterized the process as a shakedown.

So does Microsoft's conduct run afoul of antitrust law? Michael Carrier, an antitrust scholar at Rutgers-Camden, is skeptical. "I'm concerned by a lot of this conduct," he said, but antitrust law has "limited tools" to deal with it. And antitrust regulators tend to be slow to adapt to changing market circumstances.


Nobody suggests an "Occupy Redmond"; we only ask US citizens to demand enforcement of the RICO Act, which was not put in place for mere 'decoration' or symbolism. It is the legal rights of US citizens to contact their elected officials and at the very least share with us their responses. We need to apply pressure. The president of the FSFE calls this whole thing "extortion" in one of his latest tweets, but he cannot do much about it. To quote:

Barnes & Noble: Microsoft trying to make #android as expensive as Windows Mobile through patent extortion


Steven J. Vaughan-Nichols wrote one of the best articles about this. To quote:

While Google has been fighting with Oracle over Java’s intellectual property (IP) and Android, it hasn’t been doing a lot for its Android allies who have been being whipsawed by Apple, Microsoft and patent trolls such as Intellectual Ventures. That may be changing. Google executive chairman Eric Schmidt said today in Taiwan that Google will stand by the phone vendors firms in any Android patent lawsuit.

According to Focus Taiwan, Schmidt said, “We disagree with Microsoft that anyone needs to pay Microsoft a royalty fee for products they didn’t build. I want to emphasize that Google built these products [Android and Chrome], not Microsoft. We tell our partners, including the ones in Taiwan, that we will support them.”

It’s not just Microsoft though that Schmidt is giving notice to that Google won’t be sitting back in patent lawsuits. “For example, we have been supporting HTC in its dispute with Apple because we think that the Apple thing is not correct.”

I also suspect it’s because, as Google gets closer to sealing the deal that will bring it Motorola Mobility. Google will be able to use its Motorola Mobility patent arsenal against Android’s enemies in the courtroom.


Pogson cited this and added:

Some other nuggets:

see Oracle v Google where the judge has seen patent claims and copyright claims whittled away to almost nothing compared to the $billions Oracle made. Google’s lawyer stated in court, “when Android was announced in 2007, Sun didn’t throw up their hands and say, oh, my gosh, you’re infringing, Sun congratulated Google on Android, welcomed Android to the Java community, put Android on Sun products, asked Google how they could help Android.”

see A suggestion that the ugly Apple v Samsung global war was actually the result of Steve Jobs’ vanity and may soon be resolved.

The world of IT needs this war to be short and decisive. There is hope.


According to a new article from Reuters, "Google offers support to Android firms in lawsuits". Well done:

Google Inc will continue to offer support to firms using its Android system that are involved in legal disputes, its executive chairman Eric Schmidt said on Wednesday, as the Internet giant looks to cement alliances in the face of toughening competition.


It would be unfair to name only Microsoft for its extortion of Android. Apple's former CEO too vowed to use up to $40 billion just trying to kill Android in the courtroom, as though the courtroom is just a little playground for him -- a playground by which to subvert competition, maybe even by liaising with his best friend Larry Ellison. Watch this new patent from Apple, the company which only pretends to innovate. When it does 'innovate', it's stuff like this:



It has been suggested elsewhere that Steve Jobs' own words should be used to report Apple too -- not just Microsoft -- for abusing the legal system for anti-competitive purposes, incidentally colluding with Microsoft at the same time. The bottom line though is clear; it is time to actually use the law the way it was supposed to be used -- to serve justice, not to derail competitors, extort competition, bankrupt competitors, intimidate competitors, and present fake evidence to block imports of the competition.

US citizens: the Barnes and Noble complaint text can be (re)used to contact representatives without having to do much work. If you hear back, please let us know and share.

Comments

Recent Techrights' Posts

If You Don't Want "Linux" to Become "Windows", Then Follow GNU
GAFAM isn't a friend of Linux; it's only a user in the same sense clients are "users" of a brothel
This is What the Slop Bubble Popping Can Look Like
Maybe not an overnight collapse, but getting there gradually
More Confirmatory Rumours Regarding "Massive" Red Hat Layoffs
Ecosystem and sales said to be targeted
Office Meetings Are Most Useful to the Least Productive Workers
In my "office life" days I really didn't like meetings
Claim That the Board of Directors at IBM Isn't Happy With How the Company is Run
IBM tries to project an image of strength to the whole world, especially to its clients
 
Rudeness and Vulgarity Won't Stop Journalism About Free Software
we seem to be on the right path
Readers Pleased With Layout Changes
Two days ago we began improving clarity and accessibility in the site
IBM Plans for Layoffs Becoming Clearer With "Employee Reviews"
Of course this impacts Red Hat as well
IBM is Outsourcing Red Hat's Fedora to Slop to 'Save Money'
If IBM cared about quality rather than alleged "cost savings" (cutting corners), it would assign more IBM staff to Fedora, but instead the exact opposite happened, with the likes of Cotton and Miller removed from the project
European Patent Office (EPO) Industrial Actions Formally Start in Two Hours
As per the latest (revised) action plan, today workers will slow down their work and limit patent grants
Microsoft Under Fresh Investigation by the Italian Competition Authority
In 2025 we kept a running tally of 30,000+ Microsoft layoffs, so 40k this year would not be unthinkable
The "Alicante Mafia" - Part VI - More Strikes Planned at the EPO, Starting This Month
Yesterday we said that friends of Berenguer or inside Berenguer's circle may have left
Gemini Links 20/01/2026: New Tea, Using a Roku at a Hotel, and "Voltage-Based Power Management for Any Raspberry Pi"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 19, 2026
IRC logs for Monday, January 19, 2026
Links 19/01/2026: National Broadcasters on World or Local Affairs Up to a Week Ago
Links for the day
Gemini Links 19/01/2026: Game Boy and "The Lounge" (IRC) for the Elderly
Links for the day
Slopfarms in Google News (at Least Three Today) With Fake 'Articles' About "Linux"
Google itself is trying to promote its own slop ("Overview") at the expense of original and credible sources
Links 19/01/2026: ChatGPT’s Defects and The Guardian on Why So-called "AI Companies Will Fail"
Links for the day
IBM Quiet About Its Plan for Red Hat Amid Accelerated Bluewashing
Something is going on at Red Hat
The "Alicante Mafia" - Part V - It Seems Like Some People Are Already Leaving "The Mafia"
they have a rough idea of what's coming
Microsoft Means War, Microsoft is on the Side of ICE
Microsoft, people-ready
Proprietary UNIX is What We'll Have If IBM Red Hat Gets Its Way
IBM Red Hat wants to control everything, even if that means killing everybody
Free Software in Times of Peace (and Times of War, Too)
GAFAM and IBM are war companies
Founder of GNU/Linux (RMS) Speaks in US University (College) This Week
The auditorium has very high capacity and this is his "college comeback" talk in the United States
LinuxSecurity and Linuxiac Are Still Slopfarms, Even Anthony Pell Does It
We suppose waiting another month or another year won't change a thing
Links 18/01/2026: Legal Trouble for xAI, Climate Concerns, Data Breaches and More
Links for the day
'Vibe Coding', Chatbots, and Other Bots (e.g. "Agents" Disguised as "Superintelligence") Aren't Saving You Time
False marketing, FOMO marketing tactics
Gemini Links 19/01/2026: Analog Cameras and Plucker in 2026, US Losing Acceptability in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 18, 2026
IRC logs for Sunday, January 18, 2026
Links 18/01/2026: The "Deepfake Porn Site Formerly Known as Twitter" and Turkey to Block Kids' Access to Social Control Media
Links for the day
Gemini Links 18/01/2026: Against English as Language of the Net, "Symposium of Destruction"
Links for the day
You Would Expect This Kind of Misleading Narrative Shortly Before Microsoft (or GAFAM) Mass Layoffs
misleading PR
FOSDEM 2026: democracy panel, GNOME & Sonny Piers modern slavery experiment
Reprinted with permission from Daniel Pocock
Pump-and-Dump With IBM Shares, Courtesy of People Who Stand to Gain From the 'Pump'
"3 Reasons to Buy IBM Stock Right Now"
IBM: Spying on Staff Like Never Before and Implementing Silent Layoffs This Month, Say Insiders
what we heard from whistleblowers seems to corroborate
'Cancel Culture' Doesn't Work (in the Long Run)
Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
IBM is Not a Free Software Company (It Never Was)
Red Hat's main product, RHEL, is full of secret sauce and has 'secret recipes' (it is basically proprietary)
IBM Turning Up the 'RTO' (Stress) and 'PIP' (Fear) Heat on Workers, Rebellion May be Brewing
Sometimes it feels like today's executives at IBM view IBM workers as a liability
Links 18/01/2026: Indonesia Against Comedy, Media-Hostile (Censors Comedians) Convicted Felon in White House Defecting to Opponents of NATO
Links for the day
GNU/Linux Still up (statCounter Says to 6%) in Bosnia And Herzegovina
Let's see where it is at year's end
Making Layout Changes
Feedback can be sent to us
Behind an Economy of Fake 'Worths' and Fictional 'Valuations' or 'Market Caps'
They normalise white-collar crime and say "everyone is doing it!"
Links 18/01/2026: "South Africa is Running Out of Software Developers", Companies Spooked to Find Slop is a Major Liability
Links for the day
Eventually the Joke (and Financial Fraud) is on Microsoft, Stigmatised for Slop
Is Microsoft trying to commit suicide?
GNU/Linux Leaps to All-time Highs in Virgin Islands
it seems to have started around the "end of 10"
Place Your Bets: Who Will Die First? Microsoft or IBM?
Not even joking; make a guess
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
Over at Tux Machines...
GNU/Linux news for the past day