Bonum Certa Men Certa

Bill Gates is Hijacking Open Source While Attacking It Using Lobbyists, Patents, and Patent Trolls

Microsoft's Mueller



Summary: Response to reputation laundering from Wired Magazine, the latest nonsense from Microsoft's lobbyist Florian Müller, an update on Microsoft's trolling against Android, and a little more of Apple's

WE are quite cynical about the corporate press. It has become abundantly clear that journalism is dying and instead it gets accommodated/replaced by the PR industry, working at the behest of rich people with an agenda and a nickel for any press still willing to bend over (independent press is likely to perish in the process). Like a husband who tells the policeman or the judge that he deeply loves the woman whom he beats up daily, Bill Gates/Gates Foundation would love for us to believe that he is a master of Open Source. Yes, and Cade Metz trying to portray these racketeers as friends of Open Source (whitewashing Gates at the same time). Why would anyone with integrity do reputation laundering for a criminal and his company that commits acts of extortion? Even Gutierrez gets characterised positively:



But that afternoon was different. At the invitation of the company’s chief legal minds — Smith and Gutierrez — Ramji sat down with Gates, chief software architect Ray Ozzie, and a few others to discuss whether Microsoft could actually start using open source software. Ramji and Ozzie were on one side of the argument, insisting that Microsoft embrace open source, and Gutierrez offered a legal framework that could make that possible. But other top executives strongly challenged the idea.

Then Bill Gates stood up.


No, Bill Gates has been attacking Open Source for a very long time. Remember that Letter to Hobbyists? And all those court exhibits we showed? We oughn't allow history to be rewritten like this. Over at Free Software Daily, the modified headline of this article states "Meet Mobster Bill Gates, the Man Who Charges Open Source Software even if is free Android Linux" (the original is troll article that attracted many comments, for being more inflammatory than sane).

Microsoft is currently feeding patent trolls in order to attack Linux. Microsoft does not have enough ammunition to attack Linux, so it uses help from the outside.

Pamela Jones, over at Groklaw, writes more about the case that seeks to expose MOSAID, a patent troll that Microsoft is feeding. To quote part of the analysis:

B&N and Microsoft have come to an agreement about Steve Ballmer's participation in the Microsoft v. Barnes & Noble action at the ITC. They were arguing about it, and they've now agreed that Ballmer will not have to testify live at the ITC hearing, currently scheduled for February. Instead, B&N will present designated portions of his deposition, and Microsoft's lawyers have sent a letter [PDF] to the ITC stating officially that it withdraws its motion for a protective order, attaching to the letter a proposed schedule on the parties' next steps in figuring out exactly what each side wants in the way of details. This means there will be no further motion practice on the live testimony issue.

[...]

Microsoft is also opposing Barnes & Noble's request that the record be held open to include Nokia and MOSAID's evidence, if Barnes & Noble is finally able to get it. And they parties continue to try to whittle into shape what each may use as evidence.

Lots of sealed filings, once again. But don't worry. By hook or by crook, we usually find out in due time what the filings were about.

I had a chance to talk to Andy Updegrove, of Standards Blog, who as you probably know is a lawyer who does patent work in the standards area. I wanted to pick his brain, because the 2000 patents Nokia sold to MOSAID relate to standards, according to their statements. Just how many patents could possibly be required for a phone to be built? Surely not 1,200 out of the 2,000, I was thinking. Yet, that is the claim.

[...]

He suggested that we read some Department of Justice 'business review letters' on patent pools, because a patent pool is an example of multiple patent owners getting together to agree on a price for technology required to implement a standard. That's not exactly what Microsoft, Nokia and MOSAID say they are doing, but we're getting warm. You get to read in the letters the way the pool participants set the pool up, what safeguards they took (in the request letter), and the way the DoJ analyzed the request and either approved, qualified, or rejected the request. The controls traditionally include hiring a third party expert to review each supposedly essential claim and determine whether it's valid, whether it's essential, and what it's worth relative to the other essential claims. So he thought we might find it interesting to look at what a legal pool looks like, and then we can contrast that to the actual conduct that is being alleged here.


This case has not been decided yet, but it does help shed a lot of light on Microsoft's racketeering.

The known Microsoft boosters and even lobbyists (whom they cite) try to make us believe that it's all over and Microsoft is innocent. Some people fall for it. They also push this tripe into Slashdot with all the bias and misdirection. As Homer put it in USENET, we should just ignore the Microsoft lobbyist. To quote: "Note this is only the conclusion drawn by Microsoft's pet shill, Florian Müller (who's now openly on Microsoft's payroll), and he drew this stunning conclusion from just the /title/ of a docket he doesn't even have access to, because it's still under seal.

"It's also, as the title suggests, just an "Initial Determination", and may yet be disputed by the DOJ - a fact Müller chose to ignore. He also chose to ignore several of B&N's valid complaints that might yet cause the DOJ to overturn this conclusion, even if it turns out to be true and "final", such as Microsoft deliberately withholding prior art in its various patent applications, and using NDAs to cover up extortion, under the pretext of "secrets" that are in fact a matter of public record (as all patents are required to be by law). But instead he portrayed B&N's complaint as futile, because:

"For example, Barnes & Noble claimed that Microsoft asked for excessively high patent license fees, but the OUII quoted passages from U.S. law (statutory as well as case law) that clearly said that patent law doesn't require a patent holder to grant a license on any terms."


"Then he completely ignores all the other key points (above). This seems to be the entire basis for his pessimism (or I should say "optimism", since it's clear whose side he's on)."

Microsoft is feeding lobbyists and trolls and it's easy to see this. Apple is said to have been sued by trolls again, but since Apple itself acts like a patent troll we have no sympathy for it. To quote:

A patent troll is going after Apple for patent infringement of an "electronic alignment system".


Apple's spiritual leader's friend, Larry Ellison, is still attacking Android with patents that he got from Sun. Google gets another opportunity.

Mr. Pogson summarises: "Google argues that Oracle’s experts are not expert as they had no intimate knowledge during deposition."

Basically, it seems like Oracle's patent case against Android will be coming to an end. Maybe a copyright allegation alone will be left, so think along the lines of SCO.

OIN is meanwhile growing strong:

OIN today announced a remarkable increase in the size of its community of licensees during 2011 as licensees seized the opportunity to benefit from the value of the growing OIN community and the freedom of action enabled by OIN's royalty free licensing program. During 2011, OIN's community grew to over 400 corporate licensees, a more than 60% year over year increase. OIN licensees, which include founding members and associate members, benefit from the leverage provided by a patent portfolio dedicated to the protection of Linux and access to enabling technologies through OIN and shared intellectual property resources.


What's baffling is that Oracle is in the OIN. It never ought to have attacked in the first place, but maybe it was a favour to the thermonuclear CEO, Larry Ellison's "best friend" (by his own words). It is not a far fetched hypothesis.

Recent Techrights' Posts

unixcop.com is the Latest "Linux" Site to Have Become a Slopfarm After 2 Years of Death (Inactivity)
Not a way to stage a comeback
While GAFAM/Microsoft Disguise Financial Crisis as "Investment in AI" the Slop Giants Make Up a Narrative of Wilful Slowdown
A BS artist is good at the art of BS when the artist's failures or weaknesses get twisted as moral or professional leadership
 
Microsoft Layoffs in September 2026 Are Silent, Hidden
Expect the same next month ahead of the fake results
Links 15/09/2026: 'Smartphone', Android TV Box, Stockholm Syndrome of [Slop Plagiarism] Acceptance
Links for the day
Carmen-Lisandrette Maris Prepares Audiobook to Explain Software Freedom/Digital Rights to Adolescents, Needs Help From Volunteers
needs help with narrating
Links 15/09/2026: Putin-Connected Money for The Insurrectionist Jr. and Turkey's Crackdown on Activists
Links for the day
publicdomainpictures.net Seems to Have Become Fed Up With Slop Contaminating Its Database (Wasting Storage, Bandwidth), Now It's Suitably Flagged, Should Be Demoted/Delisted
The site was redone, suffered some hours of downtime, then 'relaunched' with a new interface this week
Gemini Links 15/09/2026: Hiking in Munții Făgăraș, Scams, and Slop Plagiarism Considered Unethical
Links for the day
Linux Kernel Becoming a Slopfest - Part 1 - At the Beginning (Torvalds Knew It Was Trouble)
We still wonder if we should make and actively maintain a shame list (developer/employer) for the people who contaminate Linux the most with slop plagiarism
EPO Staff is Preparing to Take Up a Notch the Strikes and Other Industrial Actions Ahead of October's Meeting (It Can Help Oust the Corrupt Leadership)
mobilising perhaps thousands of workers at a critical time in the history of the Office
Allegedly Many PIP Layoffs in Nepal, IBM Does This Before a Known Death Toll in Avalanche (Caused by China-, Europe-, and US-Induced Global Warming)
Fresh wounds, before the bodies are even recovered (thousands still missing)
"Wail" by Alexandre Oliva
This work is licensed under the Creative Commons License BY-SA (Attribution ShareAlike) 4.0 International
This Morning The Register MS Published a Page With "AI" 83 Times in it. The Register MS Got Paid to Do This.
The Register MS is not a serious publisher and a lot of the stuff about "AI" on the Web isn't journalism but paid-for SPAM
SLAPP Censorship - Part 184 Out of 200: A Tiny Law Firm That Knows Nothing But Microsoft (But Merely Pretends to Understand "IT")
They've managed to trick some mainstream media into thinking they're "Tech" experts or "Social [Control] Media" gurus; nothing could be further from the truth
Links 15/09/2026: Sweden’s Far Right Perishing and "Iceland Just Got Played"
Links for the day
It's Not About How Developers Vote
This isn't about politics, it's about users being in control of their own computers and computing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 14, 2026
IRC logs for Monday, September 14, 2026
Gemini Links 15/09/2026: Poetry, Enshittification of Ebay, and Mecha System
Links for the day
LG Lies to Cover Up Lies About Its Spying TVs (It Records and Transmits Conversations in Rooms)
This is what a lot of "modern" technology is like
Oracle's Debt Continues to Soar (Increase of 60 Billion Dollars in 15 Months, Not Counting the Secret Debt, With Off-balance-sheet Debt Having "Grown Roughly Thirtyfold in Four Years")
Oracle debt continues to grow
It Has Cost $215,000 in Legal Costs to Sue IBM for Wrongful Termination
IBM typically settles out of court and demands secrecy (to avoid anyone else benefiting from the very expensive outcome)
Apple's iOS and macOS Measured as Bigger Than Windows in the US, Linux-Based OSes at Almost 30%
Expect the silent layoffs at Microsoft to continue at a rapid pace
Oracle, Like Microsoft, Drowns in Debt and Discards Tens of Thousands of Staff (Microsoft Does the Same More Discreetly)
The main difference between Microsoft and Oracle is that the latter is honest about what's going on
Gemini Links 14/09/2026: First Android Phone, Leaving Sony, and Rant About Gemini-to-HTTP Proxy Providers
Links for the day
Links 14/09/2026: "Scam Altman Now Trying to Gain Control of Electric Grid" and Sweden Moving to the Right
Links for the day
Vista 11 Flunked
Microsoft cannot start a "Vista 12" campaign as it would only make matters worse
Microsoft Urgently Needs Distraction: There's No "Next XBox", But There's a New Boot Screen (Like 'Dark Mode', a Feature That Can be Implemented in Mere Minutes/Hours)
Anything to distract from XBox fiasco
The PIPs or 'Voluntary Termination Offers' Help IBM Fake Its Situation
"IBM is not a tech company"
IBM Flying Away to Sweatshops (So Will Red Hat)
Even on Sunday people post about 'leaving' IBM
RFID Ambitions Already Established by Widespread Skinnerbox Adoption
A society that cannot maintain privacy for those who deserve it will not manage to assure dignity of citizens
SLAPP Censorship - Part 183 Out of 200: What Actually Happened Two Months Ago (Based on People Who Attended)
It's dangerous to assert what happened in a hearing you did not attend (there was no video stream or recording, either)
Phil Harvey, an Editor-in-Chief in a B2B Site, Explains Why ChannelFutures (Connected to TechTarget) and Other Sites That Used to Cover Linux Deleted Many Articles
Every old article in channelfutures is gone!
Software Freedom Day 2026 is 5 Days From Now, Fresh Reminder to Boycott Proprietary Software
Let this be a timely reminder of why people should avoid proprietary software
Links 14/09/2026: Slop Hardly Used for Actual Work (Chatbots Are for Lonely People), Slop Bots (Scrapers, Plagiarism) "Are Thirsty for Power"
Links for the day
Gemini Links 14/09/2026: Trip, Hiding, and OCR
Links for the day
IBM PIPs Are Layoffs (RAs Come Later Even If You Satisfy the "Performance" and "Plan")
Notice how "the media" almost never mentions silent layoffs, as if just because they're silent, there's nothing to investigate, nothing to see there
Slop Companies Engage in Plagiarising the Web, Now They Pay People to Contaminate the Web With Their Lies
Remember that the lawfare against us is funded by slop salaries!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 13, 2026
IRC logs for Sunday, September 13, 2026
Microsoft is Laying Off All Year Long (It's Just Keeping Quiet About It)
The issue here is also the media. It's complicit.
MElon's Twitter Takeover Was Meant to Amplify People Like Himself or David Heinemeier Hansson (Slop Pyramid Schemes and Bigotry)
Social control media is not neutral
Microsoft Lunduke of 'Linux Sucks' (and Microsoft Corp.) Tries to Replace GNU/Linux With Toxic Discussions About Toxic Politics
Poisoning the well people drink from
General Assembly Covers EPO Strikes on Thursday, September 17th (2026)
The EPO's staff representation at The Hague has asked people to join an upcoming online session about industrial actions
Links 13/09/2026: Republican Campaign Aide Uses Nazi Photo and Convicted Felon is Wielding Power to Stifle Speech
Links for the day
Gemini Links 13/09/2026: Never Settling, Plain Text Digital Life, and Newsgroups
Links for the day
SLAPP Censorship - Part 182 Out of 200: UK Dockets With Machine-Generated Applications to the Court (From American Slop Companies)
Earlier this year Garrett was using machine-generated output as legal papers and submissions
Efforts to Cancel Matt Mullenweg Have Made Us More Sympathetic Towards Mullenweg and More Sceptical of the People Who Run Automattic (Named After Mullenweg)
Mullenweg, unlike Automattic, is not "in it for the money"
Boosters of Omarchy Are No 'Underdogs'
There are many Arch derivatives that do not rely on "viral" marketing in MElon's child porn-pushing social control media and are instead relying on real development, not slop
PIPs Are a Setup: They Set Workers Up to Fail While Working Their Arse Off Before Getting Kicked (Out) in the Arse
Malicious and exploitative
SLAPP Censorship - Part 181 Out of 200: This is Really More Like Brett Wilson LLP v Schestowitz (Using Money From American Slop Companies, Plagiarism Pushers)
We approach the parts where we explain that the Application to the Court with Garrett's name on it was instead complaining about fair criticism of the combative law firm (irrelevant to any injunctions) as if it was impermissible to explain what it had done - and still does - to my wife and I
It Sometimes Feels Like Slop Companies Are Committing Online/Digital Crimes
"GPT" out of control
Gemini Links 13/09/2026: Why Omarchy is "Plain Disgusting" and "AI Slop" and Why "Plain Text To Do List" Rocks
Links for the day
Links 13/09/2026: Scam Altman Admits Issues (Financial), Rival Says Stop Slop (Plagiarism)
Links for the day
Windows Down to New Lows as Switzerland's Federal Government Abandons Microsoft (Where Feasible for Now)
That's how it starts...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 12, 2026
IRC logs for Saturday, September 12, 2026