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

01.29.13

Microsoft Patents and Secrets in APIs

Posted in Antitrust, Microsoft, Novell at 3:46 pm by Dr. Roy Schestowitz

Man with cigarette

Summary: Groklaw’s latest articles about Microsoft’s abuses

APIs are ripe for patent extortion, so Microsoft fights hard to maintain API domination, e.g. with Mono and Moonlight — projects that Microsoft helped fund indirectly. Novell and Microsoft are still arguing over WordPerfect. The latest update comes from Pamela Jones, who writes:

Microsoft has filed its brief [PDF] in the appeal of Novell v. Microsoft, the antitrust litigation Novell brought against Microsoft over WordPerfect. I’ve done it as text for you. The judge in the case handed Microsoft a win on summary judgment after a jury couldn’t reach a verdict. So now it’s before the 10th Circuit Court of Appeals.

Microsoft’s airy arguments go something like this: Yes, we were a monopoly with 95% of the desktop market at the time, and yes, we reversed course after encouraging Novell to use APIs that we then decided not to support, but hey, we don’t owe competitors anything. “A monopolist generally has no duty to cooperate with or assist a competitor whether the decision is ‘intentional’ or otherwise.” We can change our business model any time we want to, as long as we are even-handed and the effect is on everyone, not just Novell. (Novell, however, was the one that Microsoft encouraged to use the APIs, and it was the one Microsoft feared, according to Novell, writing that the decision to drop support for the APIs “involved the intentional inducement of reliance.”)

Microsoft now uses API domination for patent extortion, with leading examples such as FAT. It is like the FRAND trick, which Microsoft likes to use to tax competitors including FOSS. Jones has two new updates regarding the use of FRAND against Android, courtesy of Microsoft in its own biased turf, Seattle. Jones writes:

Tomorrow, Monday, Microsoft and Motorola meet in a courtroom in Seattle at 1:30 PM to argue at a hearing before the Hon. James L. Robart about the meaning of a 2005 Google-MPEG LA patent license agreement and regarding a motion for summary judgment by Microsoft. I have all the documents for you so you can see what it is all about.

Don’t worry if you don’t understand everything when you read them. The parties’ lawyers don’t understand the licenses fully either, not for sure, in that they don’t agree at all on what they mean, and that’s why they are in a court of law.

Here is a report from the courtroom, which is being stuffed with Microsoft boosters acting and entering as 'reporters'.

We had a volunteer in the courtroom for the hearing in Seattle between Microsoft and Motorola, and we have his first report.

The hearing was in two parts. The first part had to do with the validity of Motorola’s patents, which Microsoft is challenging. The second part was on whether Google’s 2005 license agreement with MPEG LA sweeps Motorola’s FRAND patents at issue in this litigation into MPEG LA’s clutches and control. It’s all about how much Microsoft has to pay Motorola, if anything. For background, go here and here for lots more details and context on the license agreement issue.

MPEG-LA is a cartel and FRAND should be banned as a whole, but the above confrontation began with Microsoft suing. Google has tried to create deterrence against more Android extortion.

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. Publicly-Available Information About the Meeting of the EPO's Administrative Council

    The EPO "crisis" -- as Board 28 called it -- lingers on because no substantial steps were taken towards Battistelli's removal from Office for his violation of Office rules (his own rules) among other laws that Eponia perceives itself as exempt from



  2. Battistelli's Last Moves Are Desperate Attempts to Crush the Messenger (SUEPO), Which Will Almost Certainly Backfire on (if Not Fire) Battistelli

    By implicitly declaring a war on those who speak truth to power or those who are associated with perceived truth-tellers, Battistelli reinforces the perception that he is protecting the bad people at all cost (even his very own career)



  3. EPO Staff Representative Jesus Areso Explains the Crisis to the Administrative Council

    An intervention by an EPO Central Staff Committee (CSC) member who is under gag orders from Battistelli's regime and cannot speak about his case, which apparently involves truly severe disciplinary actions for merely helping or contributing to a staff survey (not controlled by and paid for by Battistelli)



  4. Shadows of Alleged Criminality Over the European Patent Office (EPO)

    Cases against Željko Topić, a Vice-President at the European Patent Office, are moving forward in Croatia, where he still faces many criminal charges



  5. You Know That UPC is Quite Likely Dead (at Least in the UK) When Even Baroness Neville-Rolfe Dodges the Question (Updated)

    The UPC appears to be a dead end, much like Battistelli's career, not only in the UK but in Europe as a whole (it has been all along designed with London/England/UK in mind)



  6. Short Report From Today's EPO Protest in Munich

    A few noteworthy points about the staff protest which coincided with the Administrative Council's meeting earlier today in Munich



  7. Growing Consensus Even Among Patent Professionals That UPC is Dying Everywhere If Not Just in the UK

    The UPC continues to sink as more and more people come to grips with the complexity of the current situation, irrespective of what countries other than the UK do next



  8. Battistelli Attacks Not Only His Staff But Also Patents Themselves (Their Quality) and the Legal Legitimacy Surrounding the EPO

    Battistelli's EPO is having not only reputation problems but also staff retention problems, patent quality problems and problems pertaining to perception of fair trials or justice regarding patents



  9. Battistelli is Creating an Atmosphere of Terror at the EPO While Exploiting Terror Attacks to Garner Sympathy

    "As if Laurent were a terrorist, the Office has imposed a house arrest and has forbidden him to enter the EPO premises," according to SUEPO, writing about one of its members at The Hague who is "maliciously accused via a fabricated procedure"



  10. Rumours That EPO President Battistelli Got Sacked to be Replaced by Christoph Ernst Appear to be Baseless

    Dr. Christoph Ernst is claimed to be the successor (interim or permanent) of the notorious Battistelli, but these claims have little or no evidence to support them



  11. Links 29/6/2016: SteamOS 2.83 Beta, Alpine Linux 3.4.1

    Links for the day



  12. The EPO Has Become Battistelli's Circus and the Administrative Council Has Been Reduced to (Illegal) Circus Animals Controlled With 'Treats'

    Battistelli's attack on justice and on the rule of law is debated among insiders who have grown increasingly impatient with the Administrative Council's tolerance of Battistelli and sometimes even Kongstad's amazing complicity



  13. The Latest Lies About the Unitary Patent (UPC) Would Have Us Believe That It's Alive and Well

    How patents-centric sites (some of which are in bed with the EPO) have responded to the 'Brexit' vote and why they're not telling us the truth about the Unitary Patent scam (often created and promoted by the same people who run and/or fund such sites)



  14. EPO Management Bunker: “The Bailiff Who Came to Deliver the Subpoena was Escorted off the Property by Five Security Guards.”

    Battistelli has essentially turned the European Patent Office (EPO) into a barracks, where he continues to enjoy immunity from the rule of law and discourages those who wish to challenge this immunity



  15. Keeping the Guard and Securing Society From Software Patents

    The policies over which Indians and Europeans have kept guard are being 'stolen' by vested interests



  16. Benoît Battistelli Further Weaponises His EPO 'Stasi' With CA/52/16

    A glimpse at what Benoît Battistelli will shortly attempt to do to the EPO, in order to cement his power in the face of growing opposition from many directions



  17. EPO Caricature: Administrative Council Control of Benoît Battistelli

    Another new caricature regarding the President of the European Patent Office (EPO) and lack of effective oversight from the Administrative Council (European Patent Organisation)



  18. EPO Caricature: Firing Benoît Battistelli

    The latest caricature regarding the President of the European Patent Office (EPO)



  19. Links 28/6/2016: Red Hat Summit 2016, Hadoop Events

    Links for the day



  20. Today's Media Coverage Says Microsoft Loves Linux, But Today Microsoft Extorted Linux Using Software Patents Again

    Luna Mobile has just been extorted by Microsoft (using dubious software patents, as usual) for using Android/Linux, but Microsoft-influenced media carries on spreading the lie that "Microsoft loves Linux"



  21. New Efforts to Work Around Barriers to UPC in Light of 'Brexit'; Behind These Efforts Are Self-Serving Patent Profiteers

    look at who's trying to work around the latest barriers to the widely-unwanted (by the public) Unitary Patent regime and what is being planned behind the scenes, or behind closed doors (by and for those who stand to profit from the Unitary Patent regime)



  22. Injunction Against Battistelli's Investigative Unit (Known Internally as 'Gestapo') Amid Serious Injustices and Bogus 'Trials'

    SUEPO, the EPO's staff union, steps up its spiel in a case against the "European Patent Organization" as defendant and "SUEPO/VEOB" (Trade Union of the European Patent Office) as claimants



  23. [ES] Con la UPC Muerta por el Resto del Termino de Battistelli, No Hay Razón para que la EPO o el Consejo Administrativo Sigan Manteniéndolo Más

    Pensamientos acerca de lo que pasará al líderazgo de la EPO después de ‘Brexit’ (salida Británica de la EU), lo que sevéramente socava el proyecto más grande de Battistelli el que usaba habituálmente para justificar sus increíbles abusos



  24. [ES] El Caradura Benoît Battistelli Debería Renunciar a Luz de la Filtrada Nueva Decisión en Su Vendeta en Contra de un Juez que se Atrevió a Decir la Verdad (Actualizado)

    Benoît Battistelli continúa quebrando las propias reglas de la EPO, no sólo las leyes naciónales, como una nueva decisión ayuda a revelar



  25. [ES] Cada Vez Más Parece Que Battistelli está Escondiéndo ‘Evidencia’ Falsa y/o Ilegalmente Obtenda de la Unidad Investigativa de la EPO

    El porqué creemos que Benoît Battistelli está cada vez mas desesperado de esconder operaciónes ilícitas de reunir ´evidencia´ lo que eventuálment lo puso a él mismo — no al acusado — en una situación catastrófica situacion que lo puede forzar (esperamos) a us renuncia



  26. Links 28/6/2016: Vista 10 Updategate, OpenMandriva 3.0 Beta 2

    Links for the day



  27. Links 27/6/2016: Linux 4.7 RC 5, OpenMandriva Lx 3.0 Beta 2

    Links for the day



  28. From Alleged Organised Crime to Vice-President of the European Patent Office (EPO)

    Željko Topić's situation in Croatia illuminated by means of recent documents from the authorities



  29. Battistelli May Still be on the Way Out as Pressure Grows in Germany, UPC in Shambles

    Pressure on Battistelli is growing even from within circles that are traditionally protective of him and a long letter is sent to Dr. Christoph Ernst, who some believe will replace Battistelli



  30. Caricature: European Patent Office (EPO) Under Battistelli

    The latest caricature about the state of the European Patent Office (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