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


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. The EPO's Balkan Express Keeps Chugging Along Despite Predictions of Derailment

    The latest part in the series regarding the reappointment of the two Vice-Presidents, Casado and Topić

  2. Advice to Journalists: Stop Repeating Propaganda of the EPO, a Serial Liar With a Track Record

    The EPO is weaponising its propaganda and pushing hard for media across Europe to repeat this propaganda while severely punishing anyone who 'dares' contradict it

  3. Leaked: Ljiljana Kuterovac Covering Željko Topić's (EPO) Back

    Leaked E-mail from June 2012 regarding Željko Topić, an EPO Vice-President who reportedly faces many criminal charges in Croatia

  4. Leaked: Budget and Finance Committee Outcomes That Jeopardise What's Left of the EPO's Future

    A look at the latest reckless step from the Budget and Finance Committee of the Administrative Council (chaired by Battistelli's pet chinchilla), which marginalises yet more oversight or a branch which facilitates patent quality control (thereby concealing the effect of Battistelli's ruinous sausage factory mentality)

  5. Links 27/10/2016: Major Changes in Unity 8, Nextcloud Targets Phones

    Links for the day

  6. 'Balkan Express' Teaser: EPO's Željko Topić, Kuterovac, Campinos, Gurry, Battistelli and the DKPTO (Kongstad)

    Various photos of Topić and Kuterovac. Some more photos with other IP "luminaries" such as Campinos of the EUIPO and Gurry of the WIPO.

  7. The United States Pressures India to Broaden Patent Scope and Other Monopolies

    The envoy of the US is trying to tell India how to run the country (stricter laws regarding copyrights, trademarks, and patents), as a condition for foreign investment by multinational corporations

  8. Budget and Finance Committee of the Administrative Council (EPO) Confirms Exile of the Boards of Appeal

    Crushing of highly-skilled staff, propaganda in the form of new press releases, and recruitment attempts that won't succeed because the world now knows what goes on inside the European Patent Office

  9. Links 26/10/2016: “softWaves” in Debian 9, Rust in GNOME

    Links for the day

  10. Leaked: EPO's Vice-President Willie Minnoye Saying the Unsayable, Then Threatening Anyone Who Keeps Record (Evidence) of It

    E-mail that would leave Vice-President Willie Minnoye bashful, as it helps show not only bad policy but also attempts at suppression of discussion about it

  11. Puff Pieces of the EPO-IPO (EPO+EUIPO) Have Begun to Appear Amid New Evidence of Brain Drain, Lowered Standards

    The grim vision of the EPO which is losing all its talent (over time), becomes more like a production line (quality does not matter), and produces propaganda for "media positioning" (or "placements") -- all under the guise of 'studies'

  12. Leaked: Minutes From the Administrative Council of the EPO Regarding the 'Reform' (Exile) of the Boards of Appeal

    Details of the relatively secret proceedings back in June (belatedly released only a short while ago), carefully abbreviated to demonstrate which delegations helped Battistelli crush the Boards of Appeal and which ones insisted on maintaining the status quo, as per the EPC

  13. No Promising Future For the EPO Under Battistelli (If Any Future At All)

    Pessimism becomes realism at the European Patent Office as units are being torn apart, patent quality discarded, "unified" patent courts dreamed of (more patent lawsuits, higher damages), and EUIPO (EU-associated, unlike Eponia) gets closer to the EPO

  14. Leaked Minutes From the EPO Reveal That Battistelli is Detached From Reality and Blames Everything on “Union Officials”

    Minutes of the Administrative Council's meeting reveal some truly bizarre rants from Battistelli, who simply refuses to accept that the European Patent Office is burning (without a future direction, only burnout and brain drain) under his poor and abusive leadership

  15. Tata/TCS is Still Pushing for Software Patents in India

    The obnoxious company that is promoting Microsoft and software patents in a country that needs neither makes the headlines again (Financial Express)

  16. Links 25/10/2016: Rackspace's Praise of FOSS, Chain Chooses the GPL(v3)

    Links for the day

  17. Links 24/10/2016: Linux 4.9 RC2

    Links for the day

  18. Battistelli Plans to Expand the Social [sic] 'Study' (Then 'Conference') Propaganda Until Next Month, Under the 'Workshop' Umbrella

    Milking his shameless propaganda (paid-for 'studies'), Battistelli wants to rewrite the record by all means possible, then pretend that EPO staff participates in it

  19. EPO and EUIPO Join Hands to Release Propaganda (for European Media to Parrot) Some Time Tomorrow

    EPO and EUIPO in collaboration for the promotion of the notion that they are both necessary (and reinforced speculations about growing overlap between them)

  20. UPC Preparatory Committee Puts the Brakes on UPC Amid Brexit and Growing Uncertainty

    The Unified Patent Court (UPC) preparatory committee recognises that the UPC isn't going anywhere (any time soon) and false job advertisements -- or advertisements for jobs that will never exist -- are withdrawn

  21. Updates Regarding EPO and BoAC: Unrest and Injustice Carry on

    Some of the latest information which is publicly and privately available to us, in particular regarding the case of a suspended judge which represents unprecedented erosion of the appeal boards' independence (and hence lack of justice in the Organisation)

  22. EPO and the “Iberian Connection”: Patricia García-Escudero Márquez - Battistelli's Pet Chinchilla on the Boards of Appeal Committee?

    Why the Boards of Appeal Committee has begun showing prominent signs that it is anything but independent and capable of standing up to Battistelli (or his circle at the Office, which includes the “Iberian Connection")

  23. Links 23/10/2016: Alcatel's New Android Smartphones, Another Honorary Doctorate for Stallman

    Links for the day

  24. Open Letter Exposing the Farce Which Was Battistelli's 'Social Conference' Coinciding With Further (New) Attacks on EPO Staff Representatives

    A detailed letter reveals legitimate concerns expressed by staff representatives at the EPO ahead of the so-called Social Conference, in which we have highlighted severe factual flaws

  25. Translation of Latest Rant From French MP Philip Cordery About Benoît Battistelli's Abuses at the EPO

    Philip Cordery crosses horns with Benoît Battistelli, who has become a source of embarrassment for France with his autocratic tendencies and misguided policies that rapidly ruin the European Patent Office (EPO)

  26. Battistelli-Commissioned PwC ‘Study’: Leaked Document Shows PwC's Dishonesty and Misrepresentation of EPO Staff

    An in-depth analysis (but not comprehensive, just preliminary) of the so-called 'study' from PwC, which basically did what it was paid for (pay to say)

  27. Links 22/10/2016: Deus Ex for GNU/Linux, Global DDoS (DNS)

    Links for the day

  28. Battistelli-Commissioned PwC ‘Study’: Survey Comparison Shows Serious Deterioration and Efforts by PwC to Disguise the Truth

    The latest output from PwC turns out to be even worse than initially thought, indicating that not only did it find a degradation in the EPO but also attempted to hide/obscure it

  29. EPO Teaser - The "Iberian Connection" - Some Photos of García-Escudero and His Royal/Government Connections

    A look at the undeniably close connections between Mr. García-Escudero and the most powerful people in Spain

  30. Disruption to Site's Service

    A technical note about why Techrights has not been publishing many articles recently


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