EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

12.23.11

Microsoft’s Attack on Linux in the Courtroom

Posted in GNU/Linux, Microsoft, Patents at 3:27 pm by Dr. Roy Schestowitz

Steve Ballmer license

Image from Wikimedia

Summary: A quick overview encompassing Microsoft’s latest actions against Linux, using software patents and Linux-taxing minions like Tuxera

MICROSOFT is attacking Linux/Android with lawsuits as well as extortion that goes on behind the scenes, away from the sight of regulators. The Microsoft booster covers this along with others who neglect to denounce Microsoft. The anti-Linux lawsuits all started nearly 3 years ago when Microsoft sued TomTom over FAT and Tuxera now helps Microsoft spread this kind of Linux tax on file systems, using new products which nobody really needs. As Zonker put it some days ago:

Patent Nastiness

One of the biggest disappointments for me in the 12-plus years that I’ve been writing about technology is the increasing amount of time and attention that one has to devote to patent lawsuits. Unfortunately, that trend doesn’t seem to be reversing itself.

A quick, cursory search for “cloud” in just the title of patent claims shows more than 181 hits. (Though, to be fair, some of them are unrelated to cloud services – like this one.)

The “good” news is that the major players may have little to gain from suing each other, since they all have major patent portfolios. The bad news is that patent trolls have nothing to lose from suing Amazon, Microsoft, VMware, Rackspace or any of the other companies doing business in the cloud. I expect to start seeing some shakedowns around cloud-related patents in 2012.

Ironically, Zonker, the author, chose to work with the company that had sidled with Microsoft on patents.

Microsoft is attacking Linux very hard because it is Linux that dominates in devices, whereas Microsoft has no such products left and thus no appearance in CES, either (we won’t go into that bit of Microsoft bashing today, but Microsoft has become pathetic in this area). The only thing Microsoft can hope to win now is frivolous lawsuits with trivial patents. To quote:

Motorola Mobility’s Android devices infringe on aspects of one Microsoft patent, according to a preliminary ruling by the International Trade Commission (ITC). But in a move that has left both sides claiming victory, the judge declined to find Motorola Mobility in violation of six other Microsoft patents.

Groklaw has this update about Oracle’s case against Android, which now sees 700,000 devices activated per day (rendering Linux victorious in another area). “On December 6,” writes Prof. Webbink, “Judge Alsup issued a tentative order with respect to Google’s third motion in limine seeking to exclude portions of Dr. Cockburn’s (Oracle expert) damages report. (642 [PDF; Text]) In that tentative report Judge Alsup had largely sided with Google. However, Judge Alsup gave each party the opportunity to weigh in on the tentative order, and they have now done so.”

In this broken patent system even the use of a programming language can be viewed as a patent violation. Oracle’s case is blurring gaps between copyrights and patents and the former president of the FFII writes:

Ah, effin Ch4 is done. Last line: “Burn the patent system to the ground. There can be no compromise with a fatal disease.”

It also spreads like a disease, currently to China. Some think that reform is the solution, but reform can come in all sorts of forms and even more things worse. To quote:

As we seek to further calibrate the delicate balance so critical to our regime of incentivizing innovation, we should reform software patents, not repeal them.

It is not about incentive to innovate but about monopoly privileges. Microsoft is a great example of it and it is not alone among those examples. We will write about what Microsoft does behind the scenes also in the next post.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 24/8/2016: More From LinuxCon, Uganda Wants FOSS

    Links for the day



  2. Links 23/8/2016: GNOME 3.22 Beta, Android 7.0 Nougat

    Links for the day



  3. The Linux Foundation Gives Microsoft (Paid-for) Keynote Position While Microsoft Extorts (With Patents) Lenovo and Motorola Over Linux Use

    This morning's reminder that Nadella is just another Ballmer (with a different face); Motorola and Lenovo surrender to Microsoft's patent demands and will soon put Microsoft spyware/malware on their Linux-powered products to avert costly legal battles



  4. Not Just President Battistelli: EPO Vice-Presidents Are Still Intentionally Misrepresenting EPO Staff

    Evidence serving to show that EPO Vice-Presidents are still intentionally misrepresenting EPO staff representatives and misleading everyone in order to defend Battistelli



  5. Battistelli the Liar Causes a Climate of Confrontation in French Politics, Lies About Patent Quality (Among Many Other Things)

    Battistelli's lies are coming under increased scrutiny inside and outside the European Patent Office (EPO), where patent quality has been abandoned in order to artificially elevate figures



  6. The Collapse of Software Patents and Patent Law Firms Trying to “Overcome” Alice

    The United States continues its gradual crackdown on software patents (which are viewed as abstract and thus unpatentable), whereas in Europe things are murkier than ever



  7. Apple's Patent Wars Against Android/Linux Make Patent Trolls Stronger

    Apple's insistence that designs should be patentable could prove to be collectively expensive, as patent trolls would then use a possible SCOTUS nod to launch litigation campaigns



  8. Links 22/8/2016: Linux 4.8 RC3, Linux Mint 18 “Sarah” KDE Beta

    Links for the day



  9. Links 21/8/2016: Apple and Microsoft Down, Systemd Spreading to Mount

    Links for the day



  10. Links 20/8/2016: Android Domination, FSFE summit 2016

    Links for the day



  11. Patents Roundup: Trolls Dominate Litigation, PTAB Crushes Patents, Patent Box Regime Persists, and OIN Explains Itself

    Another roundup of patent news from around the Web with special focus on software patenting



  12. The Cost/Toll of the 'New' EPO and Where All That Money Goes or Comes From

    The European Patent Office has become a servant of the rich and powerful (including large foreign corporations) and even its own employees now pay the price associated with misguided new policies (or 'reforms' as Battistelli habitually refers to these)



  13. Links 19/8/2016: Linux Mint With KDE, Linux Foundation's PNDA

    Links for the day



  14. The End of an Era at the USPTO as Battistelli-Like (EPO) Granting Policies Are Over

    The United States is seeing the potency of patents -- especially software patents (which make up much of the country's troll cases) -- challenged by courts and by the Patent Trial and Appeal Board (PTAB)



  15. Battistelli's European Patent Office Goes to the United States to Speak About the UPC and Software Patents

    The European Patent Office is showing its utter contempt -- not just disregard -- for the very fundamental rules that put it in its place and brought it into existence



  16. Turkey Subjected to the European Patent Convention (EPC) But Benoît Battistelli is Not?

    The ‘constitutional crisis’ at the European Patent Office in the context of Turkey, which has signed "the EPC and as such recognises the competence and the decisions of the institutions which have been introduced in the convention."



  17. Links 18/8/2016: EFF Slams Vista 10, Linux Foundation Makes PNDA

    Links for the day



  18. Links 17/8/2016: GNOME and Debian Anniversaries

    Links for the day



  19. Personal Audio LLC and Patent Troll Jim Logan Demonstrate the Harms of Software Patents and Why They Must Never Spread to Europe

    Jim Logan of Personal Audio (a notorious Texas-based patent troll) is still fighting with his bogus patent, having already caused enormous damage with a single software patent that should never have been granted in the first place (due to prior art, not just Alice)



  20. The Patent Microcosm Hopes That the Originators of Software Patents Will Undermine the Patent Trial and Appeal Board

    Now that the actions of the Patent Trial and Appeal Board (PTAB), which have been consistently upheld by the CAFC in precedential decisions, are suddenly being questioned the patent microcosm gets all giddy and tries to undermine PTAB (again)



  21. That Time When the Administrative Council Helped Battistelli Crush Oversight (Audit Committee) and What ILO Said About It a Month Ago

    Things are becoming ever more troublesome at the EPO as the Administrative Council enjoys inaction from the International Labour Organization (ILO), in spite of its role in destroying much-needed oversight at the behest of Battistelli



  22. The EPO's Administrative Council Keeps Postponing Debate About Grounds for Firing the President

    A recollection of events prior to the latest Administrative Council meeting, where Benoît Battistelli's failings and accountability for failing to correct them never even came up



  23. A Surge of Staff Complaints About the European Patent Office Drowns the System, Disservice to Justice Noted

    Self-explanatory graphs about the state of the justice [sic] system which is prejudiced towards/against EPO workers, based on internal reports



  24. Links 16/8/2016: White House Urged by EFF on FOSS, Go 1.7 Released

    Links for the day



  25. Links 15/8/2016: Linux 4.8 RC2, Glimpses at OpenMandriva Lx 3.0

    Links for the day



  26. Clawing Back the Staff Benefits at the European Patent Office (EPO)

    Staff of the EPO is leaving (or retiring) in droves as abusive management continues to be the norm and staff benefits are being taken away or gradually revoked



  27. The Patent Microcosm is Panicking and Spinning Alice/§ 101 Because US Software Patents Are Still Dying

    A look at recent developments in the software patents scene in the United States, with increased focus on (or fear of) the Patent Trial and Appeal Board



  28. 21,000 Posts in Techrights in Less Than a Decade

    This post is the 21,000th post and the next one will make it more than twenty-one thousand posts in total. We are turning 10 in November.



  29. Patent Microcosm Shuts Out the Poor: Unified Patent Court (UPC) Promotion by Practising Law Institute (PLI) Only for the Wealthy

    The people who are profiting from patent feuds, disputes, lawsuits etc. are still trying to muscle their will into European law and they keep the general public out of it by locking down (or pricing out of reach) their meetings where they influence/lobby decision-making officials



  30. The United States Has a Growing Patent Trolls Epidemic as Very High Proportion of Lawsuits Filed by Them

    A look at the high proportion of patent lawsuits that are filed by entities that make nothing at all and thus serve no role whatsoever in innovation


CoPilotCo

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

CoPilotCo

Recent Posts