Bonum Certa Men Certa

Microsoft and the BSA Align With Oracle in Patent Fight Against Android/Linux

Leveled against the #1 rival

Level



Summary: Microsoft and a Microsoft front are trying to help Oracle tax Android

IT DID not take long for Microsoft to show its true face and intentions. Google and Oracle are back to the court's procedures, exchanging all sorts of legal papers and the BSA shows its ugly face along with Microsoft. Here is how Groklaw put it:



Microsoft, BSA, Scott McNealy, others file amicus briefs in support of Oracle's appeal against Google ~pj



Yesterday there were numerous amicus briefs filed all on the same day and all in support of Oracle against Google in Oracle's appeal at the Federal Circuit. None of the briefs are posted publicly yet, but they should be available soon.

Microsoft has filed one, together with EMC Corporation, and NetApp, Inc. Scott McNealy has filed one with Brian Sutphin. Can McNealy be a witness for Oracle at trial, which he was [PDF], and also file an amicus brief? Well, he has. The Picture Archive Council of America, Inc. has filed one with the Graphic Artists Guild. Also there's one from the BSA. And finally Eugene Spafford, Zhi Ding, and Lee A. Hollaar have filed an amicus in support of Oracle. Hollaar seems to file a lot of amicus briefs.



Susan Decker wrote the article "Microsoft Joins Oracle to Defend Software Patents Against Google":

The top lawyers for Microsoft Corp. (MSFT) and Oracle Corp. (ORCL), saying software patents are important drivers of U.S. innovation and economic growth, pressed Congress today to reject calls to limit that legal protection.

Companies including Google Inc. (GOOG) and Facebook Inc. (FB) have said too many software patents are being used primarily to generate lawsuits instead of contributing to new products and services. Microsoft, the world’s biggest software maker, and Oracle say discussions of ways to curtail litigation shouldn’t become an excuse to limit the ability to patent software.


The partly Gates-owned Monsanto also got support from the BSA, as noted in the previous post and Microsoft is well aware of the BSA's involvement in this latest move. Microsoft IPG ‏wrote in Twitter:

Microsoft to join @BSANews, @ShopFloorNAM in DC on Thurs to discuss #softwarepatents & innovation. http://bit.ly/WnDCyl


Here is a Reuters report:

Microsoft Corp is backing Oracle Corp's bid to revive a billion-dollar copyright lawsuit over Google's use of the Java programming language, according to court filings on Tuesday.

Oracle's intellectual property battle against Google has attracted intense interest from software developers, many of whom believe the structure of a programming language should not be subject to copyright protection.

Last year a San Francisco federal judge found that Oracle could not claim copyright protection on much of the Java language that Google used on its Android mobile platform. Oracle has appealed.


For background on this case we have ECT's article:

There appears to be little to encourage Oracle to believe it can win a reversal of the verdict Google won in last year's bitter Java trial. Nevertheless, it has mounted an appeal, arguing that Google stole its intellectual property just as surely as fictional author Ann Droid plagiarized a Harry Potter book. Oracle might need to cast a spell on the appellate court to pull this one off, though.


In other Android patent news we have this update on Apple:

On February 14, Apple and Samsung met with the Hon. Lucy Koh, who is presiding over their current patent dispute in Apple v. Samsung II, in the very same courtroom where she presided over their first patent litigation in San Jose, CA back in August. The purpose was to go over the parties' claims in the patents they say are infringed, explaining to her how the technology works. This is in preparation for the upcoming Markman hearing next month, where they will argue officially over what the terms in the claims mean. We had a volunteer in the courtroom, and we have that report for you.

Meanwhile, in Apple v. Samsung I, which is still going on, the parties will be arguing before the Federal Circuit on March 26, as both parties believe the magistrate judge is threatening to unseal too many documents in that case, and things are on hold until the appeals court decides who is right. So far, that is about the only thing the parties *do* agree on, that the magistrate has gone too far. Here's Apple's supplemental appeal brief [PDF] on that issue of sealing from Apple v Samsung I. William Lee of Wilmer Cutler will argue [PDF] for Apple on March 26, and Victoria F. Maroulis of Quinn Emanuel will argue [PDF] for Samsung. That's at 10 AM on March 26 at the US Court of Appeals for the Federal Circuit in Washington, DC.


One ought to remember the undeniable personal tie between Apple and Oracle (whose CEO considers Steve Jobs to be his "best friend"). There is surely a conspiracy of companies liaising against Android.

Recent Techrights' Posts

Video: The Rise of GNU/Linux and Free Software as Seen by RMS in 2004
DTP's founder argued that when Windows goes below 85% "market share", it'll lose its grip in the monopoly sense
When (Almost) One-Man Operations Are Disguised as Medium-Sized Companies
the CEO hides in the US (hiding from his ex-wives, 4 daughters from those wives, and Sirius staff that he defrauded)
Microsoft Actually in Trouble, Microsofters Unable to Obey Judges' Orders
For the second time in a week, Microsofters are unable to obey orders
Over at Tux Machines...
GNU/Linux news for the past day
 
Operating Systems' Statistics in New Zealand: GNU/Linux Up, Windows Down to All-Time Lows
Remember all this when the media says that Microsoft became like 10 times more valuable in those 15 years (from 400 billion to 4,000 billion in alleged "worth")
Microsoft Windows "Market Share" Measured Around 2.7% in Iraq, Plunges to 6.5% in Saudi Arabia
Microsoft isn't on the agenda in Iraq
GNU/Linux Share in Sweden Has Doubled Since PewDiePie, A Swede, Recommended It
months ago he moved to GNU/Linux, then told others to consider doing the same
GNU/Linux Hits Record High in Portugal
GNU/Linux picking up in Portugal
Gemini Protocol is Not Dying, It's Growing
When people say things like "Gemini Protocol is dying" the data does not support them
GNU/Linux is Thriving This Summer
It is meanwhile acknowledged, even by Microsoft pushers, that many GNU/Linux PCs will get sabotaged next month
The End of Microsoft's Reign in Spain: Windows Falls to All-Time Lows in Spanish Web Traffic
Windows sank to new lows in Spain
The Bots Never Sleep: In The Weekends, Slopfarms Dominate Google News, Majority of Entries in Google Are Fake Articles About 'Linux'
Google is fast becoming an ocean of plagiarism; the same goes for Google News, which was supposed to have extra quality control
Russia's Yandex Has Caught Up With Bing in Terms of "Market Share"
Microsoft has been firing loads of Bing workers for over 2 years already
Canada: GNU/Linux Up to Records Highs, Windows Down to Record Lows
Microsoft already announcing some plans to shut down Vista 11
Gemini Links 02/08/2025: Transducers in Typed Racket and American ISPs
Links for the day
Links 02/08/2025: Microsoft Already Kills Vista 11 SE, Smartphone Sales Down, Truth Gets "You're Fired!" in the US
Links for the day
Russia: GNU/Linux Rises to Highest Adoption Level Since Invasion of Ukraine
Moving up in the north
Microsoft's Latest Financial Report: We "Gained" 300 Million Dollars in "Goodwill" and Liabilities Grew by 32 Billion Dollars
Microsoft's debt has reached an all-time high
The Register US = The Register MS
Formerly The Register UK
Weeks After Microsoft Shut Down Its Operations in Pakistan Windows Falls to All-Time Lows
Only less than a month ago it was quietly revealed, based on laid-off staff, that Microsoft shut down in Pakistan
Criminal Behaviour is the Standard Operating Procedure at Microsoft
In the future I'll be able to tell how, when dealing with SLAPPs from Microsofters, their Microsoft services failed me and sometimes even blocked my contacts
GNU/Linux Rises to All-Time Highs in Europe
many people will get fired for buying Microsoft
All-Time Highs for GNU/Linux on the Client Desktop/Laptop, Based on Steam Survey
GNU/Linux rose to 2.89% in Steam
Links 02/08/2025: Blaugust 2025 and "Russia Declares Navalny Memoir ‘Extremist’"
Links for the day
Free Software is Not a Business Model
Go ahead, ask your friend, "how do you plan to monetise your children?"
LLM Slop Harms Real Literature, Real Web Sites, Real Journalism
LLM slop is a parasite and it'll run out of legitimate outputs
Upcoming OSI Scandal Series
The OSI is a rogue actor because it serves Microsoft in exchange for money
Slopwatch: The Issue Persists, But the Consensus in the Media Changes as Google Enrages It With LLM Plagiarism
We've meanwhile assessed the latest output from Linuxiac
IRC Proceedings: Friday, August 01, 2025
IRC logs for Friday, August 01, 2025
Links 02/08/2025: İstanbul Retail Inflation Reaches 42.48%, US FBI Opens Office in New Zealand
Links for the day
Gemini Links 02/08/2025: ZFS, LLM Hype, and Fake Modules
Links for the day
Links 01/08/2025: Health, Conflict, and Attacks on Freedom of the Press
Links for the day
Microsoft's Debt Exploded by 15.4 Billion Dollars in the Past 9 Months Alone (Despite All the Layoffs)
As of minutes ago, at 6PM on a Friday, the numbers are made public
Meeting (Webchat) With Maria Arranz Gomez, Florian Grundies, Jürgen Janda and Konstantinos Kortsaris Confronts EPO Management About Breaking Promises and Crushing Workers
The lack of consistent messages suggests plans other than what's advertised and the lack of consultation (secrecy) likewise
Links 01/08/2025: "The Great British Firewall" and U.S. Army Sponsors Palantir
Links for the day
For Second Day in a Row, Top Story in The Register MS is "Microsoft Says"
The editor in chief exercises control over everybody else
LLMs as Attack Method Against Free Software and Programming
DDoS in "hey hi" (slop) clothing
Stability and Reliability, Backward Compatibility
I don't fancy relying on social control media as "sources"
What "the News" Looks Like in 2025
The "says" (or "sez") phenomenon
History Will Be Distorted, Sometimes Intentionally, Under the Guise of Intelligence (Manipulated/Curated Slop)
Militarised misinformation or military-grade chaff is a national security threat, even domestically
Financial Engineering Companies: A Company Worth 4 Trillion Dollars Would Not Borrow 100+ Billion Dollars at Interest Rates Like Today's
Many headlines perpetuate the lie Microsoft had just 2 waves of layoffs
Microsoft is Googlebombing "Linux" While Paying Former News Sites to Publish SPAM
How much lower will IDG sink?
Google as a 'Bullshit Generator' Disguised as Intelligence
It'll probably cause Google to get sued a lot, both by individuals and companies
As Expected, Google in the UK Now Experiments With Slop Instead of Web Search
At this point more people ought to stop and think: Does Google's search engine deserve trust?
The Data You Don't Give Away is Your Advantage
stop sharing data that does not need to be shared
Being Obedient or Doing the Right Thing
The world always changes for the better because of people who think "Outside the Box", not the cogs
Gemini Links 01/08/2025: Happy Hacking Keyboards and New Gemini Arrivals
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 31, 2025
IRC logs for Thursday, July 31, 2025
Sabotaging Linux on Behalf of Microsoft With UEFI 'Secure' Boot (De Facto Remote 'Kill Switch'), Then Defaming, Stalking and Harassing Critics of 'Secure' Boot for 12 Years, Then SLAPPing Their Spouses and Them
The sorts of stubborn lunatics we've been dealing with
Moving on in Techrights, Geeks Gonna Geek
In the coming weeks we plan to focus (as we explained last week) on patents, GNU/Linux issues, and the occasional philosophical essays
Slopwatch: Google News Has Lost the Plot
Almost the majority of articles returned for "Linux" are fakes
Links 31/07/2025: Australia Restricts YouTube Access, Personal Privacy at Risk
Links for the day
Links 31/07/2025: Spotify Collapses and Spotify Now Forcing Some Users to Undergo Face-Scanning
Links for the day
A Lot of Supposedly "Successful" Businesses Are Just Debt-Racking Vessels Without Any Prospects of Financial Sustainability
The probability of bankruptcy of any business is more than 0%
theregister.com: The Voice of Microsoft US?
It basically sold out
Yes, You Can Love and Adore Things Whilst Also Criticising Them
Is society being divided and groomed/primed to be resistant to constructive criticism?
Links 31/07/2025: War in Ukraine, Security News, and Cyberattacks Against Journalists on the Rise
Links for the day
Gemini Links 31/07/2025: Fake Money and Gemini Diaries
Links for the day
An Illusion and Cult Worship of Magnitude (Ubiquity as "Victory")
GNU has been around for over 40 years and it'll likely continue to exist for another 40 (in some form)
Google: From Pointing to Relevant Sites to Pointing to Social Control Media to Actually Parroting Social Control Media as "Facts"
Google has become a misinformation company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 30, 2025
IRC logs for Wednesday, July 30, 2025