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

02.01.12

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

Posted in Apple, Bill Gates, GNU/Linux, Google, Microsoft, Oracle, Patents at 6:33 pm by Dr. Roy Schestowitz

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.

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. Patent Scavenging or Racing to the Bottom of Patent Quality

    The patent microcosm is pushing for software patents, and for litigation with such patents, but it all boils down to bottom feeding



  2. EPO and UPC Can Become the Next 'Dieselgate'

    Mischievous policies in Germany and cover-up of abuses won’t bode well for the nation; we’re already seeing some of the pushback, but can António Campinos keep the gory details under the wraps for much longer?



  3. Microsoft Partner Explains How Microsoft Screws Partners (and Free/Open Source Projects)

    "Nothing Has Truly Changed Since Netscape and Antitrust," as we put it four days ago; the 'new' Microsoft is the exact same company with the exact same strategies, which include destruction by assimilation



  4. Why Does Microsoft Even Want to Associate With Satanic Ritual Cults and Marina Abramović?

    Microsoft's 'news' sites fail to heed the warning or the toxicity (bad publicity) associated with Marina Abramović and they promote Microsoft's proprietary software using not only militarism (goggles for the Army) but borderline cannibalism



  5. IRC Proceedings: Tuesday, January 28, 2020

    IRC logs for Tuesday, January 28, 2020



  6. Links 29/1/2020: MPV 0.32, Qt Offering Changes, Thunderbird Gets New Home

    Links for the day



  7. Don't Let the Collapse of News Companies Be the Collapse of Information (or Ascent of Misinformation)

    We're growingly concerned that the collapse of the mainstream media will entail reliance not on reliable and independent alternatives but corporate marketing agencies, charlatans and frauds, sometimes even deliberate falsehoods and state-manufactured bogus stories



  8. When Police Gets in the Way of Investigations, Having Used Microsoft Products to Investigate Microsoft Issues

    In this long article we outline barriers we’ve come across in pursuit of information from the police (the pedophilia arrest at the mansion of Bill Gates — followed by conviction and arrest — has thousands of pages about it, but since September the police has shared not even one!)



  9. Guest Post: Free Software is About Software Ownership

    "In effect, companies will lose control and profit. Will they accept that?"



  10. IRC Proceedings: Monday, January 27, 2020

    IRC logs for Monday, January 27, 2020



  11. Links 27/1/2020: Linux 5.5 is Out, Work on Linux 5.6 Commences, New Solus and Award for Andrew Tridgell

    Links for the day



  12. EPO: Goodbye to the Rule of Law and Hey Hi, AI!

    The EPO’s embrace of buzzwords — no longer a unique EPO strategy (it has already spread elsewhere) — puts examiners in a very bad position and they’re grappling with nerve- and mind-racking dilemmas (risk of unemployment for truly upholding the EPC)



  13. IRC Proceedings: Sunday, January 26, 2020

    IRC logs for Sunday, January 26, 2020



  14. Links 26/1/2020: MuseScore 3.4 Released, New Kate Icon and Solus 4.1 Fortitude Available

    Links for the day



  15. MIT and Microsoft Have Done Nothing to Actually Tackle Pedophilia and Ephebophilia

    MIT never actually resolved the issue that caused Joi Ito, Richard Stallman and others to be ejected; Microsoft meanwhile continues to profit from life-changing abuse (while seeding puff pieces in friendly media, just to pretend otherwise)



  16. Opinion: If You Advocate Population Control and You Are Yourself Doubling in One Single Generation, Then You Might be Hypocritical

    People with 3-5 children (each) tell us that the world has an overpopulation problem; while the growth of the population certainly poses a risk, these people lack the moral authority to lecture us about that (unless they adopt a eugenicist worldview, wherein only particular people are permitted to reproduce)



  17. IRC Proceedings: Saturday, January 25, 2020

    IRC logs for Saturday, January 25, 2020



  18. Nothing Has Truly Changed Since Netscape and Antitrust

    The same old crimes persist, as well as the blatantly anticompetitive behaviour



  19. When the Monopolists and the Patent Litigation Industry Hijack the News They Control the Narrative

    Money buys perception and litigation firms have certainly 'bought' the media coverage, which fails to convey the issue at stake and instead paints a rational court decision as tragedy for "innovation" (by "innovation" they mean monopolies on nature and on life)



  20. Links 25/1/2020: OPNsense 20.1 RC1 and DXVK 1.5.2

    Links for the day



  21. The Linux Kernel is No Longer Free Software?

    Gardiner Bryant, the creator of The Linux Gamer as well as The Off Topical Podcast, reacts to our articles about DRM in Linux (he even pronounced my name correctly)



  22. Sometimes Proprietary Software is Proprietary (Secret) Simply Because It is Not Good and Obfuscation Helps Hide Just How Ugly It Is

    Why nonfree (or proprietary) software generally fails to catch up with Free/libre software — at least on technical grounds — and then makes up for it with marketing and FUD offensives (discrediting perfectly-functioning things, based on their perceived cost)



  23. IRC Proceedings: Friday, January 24, 2020

    IRC logs for Friday, January 24, 2020



  24. Links 24/1/2020: GNU/Linux in Russia and More New Openings

    Links for the day



  25. When EPO Press Coverage Boils Down to Lobbying, Press Releases, EPO Lies, and Bribery

    Any attempts to properly assess and explain what happens in Europe's patent landscape are being drowned out by EPO-bribed and law firms-connected media; to make matters worse, the EPO's bribes have expanded to academia, so even scholarly work in this domain is corrupted by money of special interest groups



  26. IRC Proceedings: Thursday, January 23, 2020

    IRC logs for Thursday, January 23, 2020



  27. Links 23/1/2020: Qubes OS 4.0.3, EasyOS 2.2.5, GhostBSD 20.01

    Links for the day



  28. Passion of the Microsoft

    A rough timeline of Microsoft’s interactions with Linux and the Linux Foundation since 2015



  29. The Patent Microcosm is Really Panicking as European Patents on Life and Other Spurious Junk (Invalid Patents) Are Successfully Rejected

    European Patents (EPs) may be revoked en masse if what we're seeing is the gradual emergence of 'European Mayo' (and maybe soon 'European Alice')



  30. Distractions From Microsoft's Gigantic Tax Evasion and Contribution to Denial of Climate Science

    Microsoft (connected to oil companies) wants us to think of it as a "green" company; not only does it contribute to climate denial but it also evades tax, which is a serious crime that costs tens of billions of dollars (the public pays this money instead)


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