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

06.09.12

Aiding Criminals

Posted in GNU/Linux, Microsoft, Novell, Patents, Ubuntu at 10:59 am by Dr. Roy Schestowitz

Al Capone mugshot and Steve Ballmer

Summary: Criticism of Canonical’s unnecessary and potentially harmful promotion of Microsoft

THE criminal history (and present) of Microsoft is not a matter of question but a matter of fact. For those who need to recall notable examples, this Web site documents many.

These days, Microsoft doesn’t get enough from its illegally-obtained monopolies; it is therefore imposing Microsoft on Linux stacks, too. One example of this is the continued attempts by Microsoft to put its proprietary software inside OpenStack — a subject that we covered here before [1, 2, 3].

But right now we are seeing more of the same strategy, wherein it’s Microsoft which sits at the bottom of GNU/Linux inside the stack (i.e. totally in control of anything on top). Techcentral and Techspot provide some coverage of the Ubuntu-Microsoft deal. “Microsoft has shown,” said the head of the Linux Foundation a few years ago, “that despite claims of acquiring a newly found respect for open principles and technology, developers should be cautious in believing promises made by this “new” Microsoft. [...] There is one other fact clear from this case. Microsoft does not appear to be a leopard capable of changing its spots.” (source)

Despite those words from Jim Zemlin, the Linux Foundation Executive Director, people like Mark Shuttleworth have a short memory span and Microsoft exploits this.

Michael Larabel says that Canonical “touts its new Microsoft partnership” because Shuttleworth did exactly that and Jono Bacon, the community manager of Ubuntu, claims this to be a victory for Free software (this would not be so comical to the FSF).

Microsoft’s PR/charm offence (link to Microsoft booster) is aided by Canonical in the sense that whatever companies tell competition regulators about Microsoft (e.g. B&N) will have less credibility. Peter Bright and colleagues who are Mono apologists too amplify the praises from Shuttleworth, which help nobody at all (except Canonical and Microsoft). To be fair to Canonical, it is not alone in this, but other distributions hardly brag about it.

For Mark Shuttleworth, based on his blog post, principles come later because he used to complain about Microsoft’s criminal behaviour. In IRC, iophk says: “Pushing Windows (Azure) is not going to help solve bug #1… rather the opposite. One could argue that it’s not even putting money first. No partner has ever done well before.”

“If he wants anything it is probably the continued lock-in or even extending lock-in.”
      –iophk
To quote just some of the things Shuttleworth said about Microsoft a few years ago, what they did with Novell and the following accompanying FUD he considered to be “extortion and we should call it what it is.”

“Microsoft is asking people to pay them for patents [...] that’s illegal. It’s racketeering,” said Mark Shuttleworth around the same time. So MS (Mark Shuttleworth, not Microsoft) knows that Microsoft’s behaviour is criminal, but now that Microsoft can help him make money (at the expense of other distros) all the principles are down the garbage can.

“Uncle Fester just wants his money,” Ryan says jokingly, but “[i]f he wants anything it is probably the continued lock-in or even extending lock-in. Money is only a tool in the control,” notes iophk. “Shuttleworth adopted the mentality of a Microsoft MVP or business partner,” I wrote in Identi.ca. “Never mind the crimes, if it helps me make money, I’ll perfume it…”

“Again,” notes another person, “it might not help him make money. Partners never survive well.”

An important question was raised by Sean Michael Kerner and it’s about the patent situation in this deal. He believes that the patent fees won’t be applied or added to Ubuntu on Microsoft’s subscription store, but it’s too early to tell:

That statement would imply that there is no patent deal with Canonical. But that hardly seems fair to SUSE then right? SUSE went out of its way to sign a special deal with Microsoft. How come Ubuntu gets to ‘play’ in the same field then?

It’s a question that I don’t have a definitive answer on. It’s the same kind of murky territory that Global organizations also face (in a significantly more serious sense, i’m just reaching and it’s not a direct comparison by any means) with China. Everyone wants to make a buck, but no one really wants to compromise their ethical standing.

I haven’t yet seen the full pricing for Azure and specifically the differences between SUSE pricing and Ubuntu pricing. Perhaps it’s just a margin thing that Microsoft builds in as a way to placate their intellectual property interests. Or perhaps they just don’t care at this point as Azure is trying to gain share.

We shall see what happens cost-wise. Remember Shuttleworth’s Invitation to OpenSUSE developers several years ago. “I know that posting this message to an OpenSUSE list will be controversial,” he noted, but still, he tried to distinguish Ubuntu based on ethical grounds.

“Canonical did advertise Windows Azure in their press release,” MinceR noted. Ryan said, “they haven’t paid Microsoft anything or acknowledged their patents afaik… they dumped Mono in 12.04.”

“Canonical did advertise Windows Azure in their press release”
      –MinceR
In Ubuntu, “Bug #1″ which is “CRITICAL” and “IN PROGRESS” is titled “Microsoft has a majority market share” and it is assigned to Mark Shuttleworth. What is he going to do about it?

To see Ubuntu lumped in with SUSE is quite disheartening because Microsoft’s propaganda/spin can adapt accordingly. Now Microsoft is selling Linux, the propaganda will say. Microsoft was hoping to control Linux distributions which are popular and one step at a time it is getting there. Let’s remember that Ballmer claims Red Hat customers owe Microsoft money (video here), so the pressure on Red Hat continues to increase. “I once preached peaceful coexistence with Windows. You may laugh at my expense — I deserve it,” said Be’s CEO Jean-Louis Gassée, but Mr.Shuttleworth has not been paying attention as of late. While bashing Red Hat and some other GNU/Linux players (whose code he preys on) he keeps saying nice things about Apple and Microsoft. So much for a flag bearer (with a private jet and admiration for extremely rich people).

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 (European Patent Office) Under António Campinos is Just Another Battistelli EPO; Still UPC and Software Patents Lobbying

    Campinos has done pretty much nothing but a single blog post since taking Office; it makes one wonder what he's doing all day and whether he ever intends to tackle all the abuses that compelled the Council to replace Battistelli



  2. Cisco v Arista Networks is a Stain on the Reputation of the US International Trade Commission (ITC) and It's Beginning to Recognise This

    Cisco is leveraging software patents which PTAB deemed to be invalid against a much smaller firm (revenue ~30 times smaller), demanding an embargo and bypassing the ordinary routes of justice by turning to the ITC



  3. Openet Has Been Intimidated by Amdocs Using Another Patent Infringement Lawsuit

    Amdocs is still engaging in legal intimidation and litigious bullying against its much smaller rivals/competitors; Openet is the latest reminder of it, having paid an undisclosed amount of money to end the dispute



  4. Federal Circuit Judges Moore, Dyk and Reyna Tell Allergan That It is Not Above the Law

    Allergan and a Native American tribe have lost their ridiculous case; after swapping tens of millions of dollars in pursuit of immunity for patents they've lost again (in what's likely their last resort/appeal); expect the patent microcosm to attempt to distract from it (like they did Oil States)



  5. Links 20/7/2018: MusicBrainz is Back, Microsoft Pushing .NET Through Canonical

    Links for the day



  6. Some US Patents' Quality is So Low That There's a Garden Clearance/Fire Sale

    Rather than shoot worthless patents into orbit where they belong the Allied Security Trust (AST), collector of dubious patents, will try to sell them to gullible opportunists and patent trolls (even if the said patents would likely perish in courts)



  7. When Amplifying the Message of 'Global Innovation Index 2018' IP Watch Sounds Like WIPO and IP Watchdog (Watchtroll)

    In addition to senatorial efforts and misleading debates about patents, we now contend with something called “Global Innovation Index 2018," whose purpose appears to be similar to the debunked Chamber of Commerce's rankings (quantifying everything in terms of patents)



  8. Erosion of Patent Justice in Europe With Kangaroo Courts and Low-Quality European Patents

    The problematic combination of plaintiff-friendly courts (favouring the accuser, just like in Eastern Texas) and low-quality patents that should never have been granted



  9. Mafia Tactics in Team UPC and Battistelli's Circle

    Mafia-like behaviour at the EPO and the team responsible for the Unified Patent Court (UPC); appointments of loyal friends and family members have become common (nepotism and exchange of favours), as have threats made towards critics, authorities, and the press



  10. Australia Says No to Software Patents

    Rokt is now fighting the Australian patent office over its decision to reject software patents; Shelston IP, an Australian patent law firm (originally from Melbourne), already meddles a great deal in such policies/decisions, hoping to overturn them



  11. Links 19/7/2018: Krita 4.1.1, Qt Creator 4.7.0, and Microsoft-Led Lobby Against Android in EU

    Links for the day



  12. IAM is Pushing SEPs/FRAND Agenda for Patent Trolls and Monopolists That Fund IAM

    The front group of patent trolls, IAM, sets up an echo chamber-type event, preceded by all the usual pro-FRAND propaganda



  13. “Trade Secrets” Litigation Rising in the Wake of TC Heartland, Alice, Oil States and Other Patent-Minimising Decisions

    Litigation strategies are evolving in the wake of top-level decisions that rule out software patents, restrict venue shifting, and facilitate invalidation of patents even outside the courtroom



  14. The EPO -- Like the Unified Patent Court (UPC) and Unitary Patent System -- is an Untenable Mess

    The António Campinos-led EPO, nearly three weeks under his leadership, still fails to commit to justice (court rulings not obeyed), undo union-busting efforts and assure independence of judges; this, among other factors, is why the Office/Organisation and the UPC it wants to manage appear more or less doomed



  15. Links 18/7/2018: System76's Manufacturing Facility, Microsoft-Led Lobby for Antitrust Against Android

    Links for the day



  16. What Patent Lawyers Aren't Saying: Most Patent Litigation Has Become Too Risky to be Worth It

    The lawyers' key to the castle is lost or misplaced; they can't quite find/obtain leverage in courts, but they don't want their clients to know that



  17. Software Patents Royalty (Tax) Campaign by IBM, a Serial Patent Bully, and the EPO's Participation in All This

    The agenda of US-based patent maximalists, including patent trolls and notorious bullies from the United States, is still being served by the 'European' Patent Office, which has already outsourced some of its work (e.g. translations, PR, surveillance) to the US



  18. The European Council Needs to Check Battistelli's Back Room Deals/Back Door/Backchannel With Respect to Christian Archambeau

    Worries persist that Archambeau is about to become an unworthy beneficiary (nepotism) after a Battistelli setup that put Campinos in power, supported by the Belgian delegation which is connected to Archambeau, a national/citizen of Belgium



  19. PTAB and § 101 (Section 101) Have Locked the Patent Parasites Out of the Patent System

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) have contributed a great deal to patent quality and have reduced the number of frivolous patent lawsuits; this means that firms which profit from patent applications and litigation hate it with a passion and still lobby to weaken if not scuttle PTAB



  20. Patents on Computer Software and Plants in the United States Indicative of Systemic Error

    The never-ending expansion of patent scope has meant that patent law firms generally got their way at the patent office; can the courts react fast enough (before confidence in patents and/or public support for patents is altogether shattered)?



  21. Yesterday's Misleading News From Team UPC and Its Aspiring Management of the Unified Patent Court (UPC)

    The Unified Patent Court (UPC) enthusiasts — i.e. those looking to financially gain from it — continue to wrestle with logic, manipulate words and misrepresent the law; yesterday we saw many law firms trying to make it sound as though the UPC is coming to the UK even though this isn’t possible and UPC as a whole is likely already dead



  22. Time for the European Commission to Investigate EPO Corruption Because It May be Partly or Indirectly Connected to EU-IPO, an EU Agency

    The passage of the top role at the EU-IPO from António Campinos to Christian Archambeau would damage confidence in the moral integrity of the European Council; back room deals are alleged to have occurred, implicating corrupt Battistelli



  23. Links 17/7/2018: Catfish 1.4.6 Released, ReactOS 0.4.9, Red Hat's GPL Compliance Group Grows

    Links for the day



  24. Links 16/7/2018: Linux 4.18 RC5, Latte Dock v0.8, Windows Back Doors Resurface

    Links for the day



  25. Alliance for US Startups and Inventors for Jobs (USIJ) Misleads the US Government, Pretending to Speak for Startups While Spreading Lies for the Patent Microcosm

    In the United States, which nowadays strives to raise the patent bar, the House Small Business Committee heard from technology firms but it also heard from some questionable front groups which claim to support "startups" and "jobs" (but in reality support just patents on the face of it)



  26. 'Blockchain', 'Cloud' and Whatever Else Gets Exploited to Work Around 35 U.S.C. § 101 (or the EPC) and Patent Algorithms/Software

    Looking for a quick buck or some low-quality patents (which courts would almost certainly reject), opportunists carry on with their gold rush, aided by buzzwords and hype over pretty meaningless things



  27. PTAB Defended by the EFF, the R Street Institute and CCIA as the Number of Petitions (IPRs) Continues to Grow

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) come to the rescue when patently-bogus patents are used, covering totally abstract concepts (like software patents do); IPRs continue to increase in number and opponents of PTAB, who conveniently cherry-pick Supreme Court (SCOTUS) decisions, can't quite stop that



  28. IAM/Joff Wild May Have Become a de Facto Media Partner of the Patent Troll iPEL

    Invitation to trolls in China, courtesy of the patent trolls' lobby called "IAM"; this shows no signs of stopping and has become rather blatant



  29. Cautionary Tale: ILO Administrative Tribunal Cases (Appeals) 'Intercepted' Under António Campinos

    The ILO Administrative Tribunal (ILO-AT) is advertised by the EPO's management as access to justice, but it's still being undermined quite severely to the detriment of aggrieved staff



  30. Asking the USPTO to Comply With 35 U.S.C. § 101 is Like Asking Pentagon Officials to Pursue Real, Persistent Peace

    Some profit from selling weapons, whereas others profit from patent grants and litigation; what's really needed right now is patent sanity and adherence to the public interest as well as the law itself, e.g. Supreme Court (SCOTUS) decisions


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