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

02.15.12

Why Microsoft’s Blackmail Campaign Against Linux/Android May be Headed Towards the Garbage Can

Posted in GNU/Linux, Google, Microsoft, Patents at 3:09 pm by Dr. Roy Schestowitz

Trash cans

Summary: Barnes and Noble gets an upper hand and other news serves to show the weakening of Microsoft’s patent campaign/effort to disrupt fair competition

THIS site was born out of need to defend GNU/Linux from Microsoft extortion. Here we are just over half a decade later and Microsoft’s extortion affects many Android devices, not just SUSE.

According to this report, “Barnes & Noble Backed by U.S. Agency Staff in Microsoft Case” and as one commentator puts it:

CLOSED SOURCE SOFTWARE HOUSE Microsoft looks set to lose its attempt to get Barnes and Noble’s Nook tablet banned.

Microsoft had gone to the US International Trade Commission (ITC) in a bid to halt the import of Barnes and Noble’s Nook tablet and ebook reader, claiming the device infringes three of its patents. Unlike most firms, Barnes and Noble decided to fight Microsoft instead of paying up, a decision that now looks likely to pay off.

This is enough to squash some propaganda from Microsoft lobbyists, but not the appalling propaganda from Bloomberg (as can be seen here). Linux-hostile sources are seeking to portray Google as a patent aggressor and gangsters from Microsoft as “friendly”

The Microsoft lobbyists[ [cref 58126 spread (nonsense like it’s a full-time job and the target is always Android. Microsoft is very worried about Android, which enters tablets and thus affects Microsoft’s desktop share as well.

Red Hat’s unofficial response (from an employee) says:

Now let’s ignore for the moment the obvious wrongness wrt Android copying iOS etc and instead focus on the claim that 2.25% is not FRANDish enough according to the self-acclaimed expert in thsi field, Mr. Florian Mueller.

This same Mr. Mueller is working on a “research project” to find out how FRAND is the best way for the IT world etc. Hint: that research is payed by Microsoft ;-)

It is just a Microsoft lobbyist injecting the Microsoft line into publications (maybe with his usual spam-esque techniques for promoting this).

Pamela Jones and Professor Webbink tackle these sorts of issues from a legal standpoint. In this new post they help dispel some of the myths spread by the lobbyists:

With Google’s acquisition of Motorola Mobility there have been a number of competitors claiming Google (Motorola) is acting unfairly in its licensing of patents related to the H.264 and 3G/UMTS standards.

Among the complaining parties are Microsoft and Apple, both of which claim that the Motorola Mobility approach to FRAND (fair reasonable and non-discriminatory) licensing under the respective standards is anything but fair and reasonable. The fight is over the fact that Motorola Mobility (and now Google) is asking a 2.25% royalty for a single patent in each of these instances.

While it is the epitome of chutzpah for Apple and Microsoft to complain about the patent licensing behavior of any other company, that does little to clarify the issues involved in patent licensing related to standards. This article will walk through those issues so we can all have a better understanding of such licensing and why different companies perceive the terms “fair and reasonable” from very different perspectives, depending on whose ox is being gored.

Here is the type of articles Groklaw responds to. Alan Lord writes: “Makes you wonder what all those other vendors are paying #Microsoft for doesn’t it?”

On another occasion he writes: “OMG! Look what #Microsoft, the #swpat troll is claiming are being breached by B&N: is.gd/XTkkrg Trivial, not novel or innovative.”

He links to this Microsoft booster and Pamela Jones over at Groklaw. She shows Microsoft retreating:

The big news being reported by Bloomberg is that Jeff Hsu, a staff attorney at the ITC, said in an interview he will be recommending that ITC Judge Theodore Essex find Barnes & Noble has not infringed three Microsoft patents. Essex rules in April on that.

If I were a FUDster, I’d write that this means Barnes & Noble has prevailed, but I just tell you the truth, which is that this is one step in a longer process. It is, undeniably, however, fabulously good news for Barnes & Noble.

Alan Lord adds that:

Really, really bad stuff from #Microsoft’s “Android Licensing Progam”: is.gd/b1rIIy #swpats #barnesandnoble (2nd highlighted para)

Extortion is when “licensing” from Microsoft is required for a product Microsoft has nothing to do with. And as Groklaw puts it:

Barnes & Noble Files Petition for Review Re Patent Misuse Defense ~pj – Updated

[...]
But the most explosive section is where Barnes & Noble describes what Microsoft said to them when they approached Barnes & Noble with a demand that they pay for a patent license:

“And what they basically told us was, it doesn’t matter if you have defenses, whether you don’t infringe, whether our patents are invalid, you’re going to need to take a license, because there’s no way that you can get out of our grasp, that we have so many patents that we could overwhelm you.”

The document says that Microsoft demands that all OEMs take a license from them and pay for all Android phones whether or not they actually infringe.

Finally, here is an explanation of interest about damage limitations because “[a] number of comments to a recent article on the Microsoft v. Barnes & Noble reveal some confusion on the issues of damages in patent infringement actions and the role that patent marking and notice play in determining when damages begin to accrue.” The bottom line is, the case goes on and Microsoft is struggling to defend its case for extortion. Regulators too are getting involved now. Besieged by transparency.

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. Data Mining Company: EPO is Like Suicide

    LinkedIn, one of several giants that spy on people to determine what's on their mind and what's similar to them, has yielded the above (for EPO)



  2. Patents Roundup: When the Patent Systems Turn Against People and Adjust According to Patent Lawyers and Their Largest Clients

    A look at the Singaporean, US, and Chinese patent systems, which are all becoming more aggressive and more disconnected from public interests, in favour of large multinational corporations



  3. Microsoft's Former Chief Patent Counsel Praises Elevation of Software Patents in Microsoft Case, Adds to Cherry-Picking and Lobbying by Patent Lawyers

    Microsoft, which is renowned (or notorious) for patent extortion against Linux, is still a big contributor to software patenting policy and Shelston IP -- much like Microsoft's front groups -- pretends to speak for small businesses in an effort to spread software patents outside the US (in spite of Alice)



  4. Extremely Dodgy Dealings at the European Patent Office

    Yet another dodgy contract between Battistelli's EPO and private contractors overseas, this time in an effort to whitewash or cleanse the image of the EPO's current regime



  5. The EPO's Media Partners Like Les Echos Already Produce EPO Puff Pieces (Marketing/Stenography)

    EPO promotion disguised as reporting or journalism, as seen in the media partners of the EPO well before these partnerships even begin



  6. Unitary Microsoft: EPO Excludes People Who Are Not Microsoft Customers From UPC Participation

    The EPO just can't help providing special treatment to Microsoft, not only when it comes to patent applications but also when it comes to rejecting stakeholders/applicants who dare not become Microsoft customers



  7. Links 30/5/2016: Linux 4.7 RC1, Best Linux Distros

    Links for the day



  8. Make Nothing, Sue Everybody: The Reality of Patent Trolls Increasingly Understood by the 'Mainstream'

    New patent stories and even extensive coverage at PBS, which dedicated a whole program to these matters but failed to address the core issue, which is software patenting



  9. [ES] Advertencia: La Vigilancia de la EPO Surveillance Puede Haberse Convertido en Más Intrusiva

    BlueCoat, que la EPO usa para oprimir a sus empleados en sus premisas Europeas, acaba de ajustar más y hacerse más intrusiva y los empleados pueden estar en riesgo



  10. [ES] Tarjeta de Victima Termina en Otra Torpeza para Battistelli Seis de su Guardia Pretoriana

    Battistelli esta destruyéndo lo que queda de la reputación de la EPO (después de las décadas que le costó a ella construírla) mientras los medios continúan escrutinando su desastroso régimen



  11. [ES] La EPO esta Excelente, Dice Sitio de ‘Noticias’ Conectado a Ella

    Los caraduras de la ‘revista’ IAM, viejo aliado de la EPO, da la impresión a la gente de que en la EPO todo esta bien y dandy aunque claramente ese no es el caso



  12. New EPO Caricature: Nouveaux Garde-Vélo (New Bicycle Guards)

    A new cartoon poking fun at Battistelli's bicycles and the perceived threat these are under



  13. Battistelli's 'Special Relationship' With Portugal and the 'Inventor of the Year' Charade

    What makes Portugal rather unique when it comes to Mr. Battistelli, who is allegedly desperate for support from smaller countries whose vote is easier to 'win'



  14. Patent Lawyers' Marketing Dominates and Marginalises Meaningful Analyses of Software Patenting in the US

    In an effort to create demand for software patents again, patent lawyers produce a huge heap of so-called 'analyses' which piggyback just one single decision (the exception, not the norm)



  15. A Mix of Patent Aggression and Sanctions/Raids (Using Controversial Patents) Against East Asian Companies

    New stories that demonstrate patent protectionism and show how Western industry, which barely makes anything anymore, relies on patents (software and design patents included) and this self-serving patent regime perpetuates itself even in Asia, where almost everything is actually being manufactured (and often/increasingly designed/developed too)



  16. Rumour: Battistelli Wants to Extend the Term of Topić's EPO Appointment in Spite of Criminal Charges Against Him

    The EPO's 'ringleader', Mr. Battistelli, is trying to keep his confidants (like Mr. Minnoye and Željko Topić) together for several more years to come, even defying rules regarding retirement age



  17. Links 29/5/2016: NetBSD 7.0.1, Genode OS 16.05

    Links for the day



  18. [ES] La Gerencia de la EPO Bajo Creciénte Estres por las Autoridades Legales Croatas, Políticas Alemanas, y los Medios Italianos

    Las cosas no son color rosa como la calma relativa sugiere, y esperamos en las próximas semanas mayores eventos otros que la protesta en todas las sedes de la EPO a través de Europa



  19. [ES] Los Medios de Comunicación Comienzan a Informar al Público Europeo Acercas de las Desventájas de la UPC Mientras que la EPO Acelera su Cabildeo por Ratificación

    La vergonzósa promoción de la UPC por parte de la EPO da otro paso adelánte mientras que venues de la prensa Europea (incluso canales de televisión) comienzan a explorar el arreglo secreto que es negociado por los abogados de patentes (con clientes corpórativos) y las oficinas de patentes, no el público o cualquier grupo que represente los intereses del público en general



  20. [ES] Algunos Detalles Acerca de ¿Cómo el Presidente de la EPO Es Rumoreado Estar Comprando Votos, y el Porqué es Suficientemente Base Para un Despido Inmediato?

    Algo de información tras las cortinas y una detallada explicación de la dependencia finánciera sistemática, creada por Battistelli a un costode €13 millónes o más, la cuál evita una efectiva supervisión de Battistelli



  21. Mishi Choudhary and Mike Masnick Explain Why India Should Reject Software Patents

    Both an Indian activist-lawyer and a widely-recognised author from the US explain to Indians why over-reliance on patents -- and acceptance of patents on software in particular -- is a very bad idea



  22. Microsoft Boosters Pretend Microsoft Fights for Privacy While the Company Uses Malware Tactics to Put Keyloggers on Everyone's Computers

    In spite of malware-inspired tactics that should land Microsoft in courts of law all around the world (as a defendant), Microsoft-friendly circles pretend that the company fights for people's rights like privacy -- all this when Microsoft installs keyloggers on people's PCs without their consent and obviously against their will



  23. Battistelli's Assault on EPO Staff's Right to Strike in Relation to French Politics and That 'Bicycle' Pretext for Crackdowns

    The latest bicycle 'gossip' and how it's being used, based on expectations from EPO staff, to introduce further crackdowns on human/labour rights



  24. Vice-President of the EPO Under Investigation: Treason, Abuse, Violations, Giving and Receiving Bribes

    An English translation of documents involving the Organised Crime Section of the Criminal Police Department in Zagreb, where the Vice-President of the EPO faces criminal charges



  25. EPO Management Warns People About Scams When the EPO's Management is Itself Falling for Scams

    Jesper Kongstad, the Chairman of the Administrative Council of the European Patent Organisation, helps demonstrate that not even the EPO is intelligent enough to spot an obvious scam



  26. Links 28/5/2016: Wine 1.9.11, New Gentoo

    Links for the day



  27. Links 27/5/2016: Android for Raspberry Pi, Google Beats Oracle in Court

    Links for the day



  28. Warning: EPO Surveillance May Have Just Gotten Even More Intrusive

    BlueCoat, which the EPO uses to enable oppression inside its European premises, has just gotten even nastier and staff may be at risk



  29. Victim Card Ends up in Another Blunder for Battistelli and His Six Bodyguards

    Battistelli is wrecking what's left of the EPO's reputation (after decades it took the Office to earn it) as the media continues to scrutinise his appalling regime



  30. Italian Report About EPO Now Available in English

    An English translation of a TV program which earlier this month documented some of the glaring problems at the EPO


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