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03.05.13

Microsoft Florian Goes Ad Hominem in AstroTurf Against Android, Oracle and Microsoft Help Apple Attack Google

Posted in Apple, GNU/Linux, Google, Microsoft, Oracle, Patents at 1:38 pm by Dr. Roy Schestowitz

Android screenshot

Summary: New smears against Android come from an Oracle- and Microsoft-funded lobbyist; Oracle and Microsoft now openly collaborate in the fight against Android while Apple, longtime friend of Oracle and Microsoft, fails to stop Android’s momentum

The antics of Microsoft Florian, better known as Florian Müller or (anti-)FOSS Patents, are well known by now and his history of deception should leave no informed journalist in a position/decision to cite him. But groomed by Microsoft’s PR and the MSBBC he is doing some more of his personal attacks. It’s almost as though the PR agents ‘serve’ him with smears to publish (which according to my communications with him is likely, hence making him a communications proxy). To quote the latest from the BBC:

Sir Robin – who is also a law professor at University College London (UCL) – is now acting as a consultant to a law firm helping Samsung defend itself against a patent infringement complaint filed in the US by network equipment provider Ericsson.

After news of this spread his clerk, John Call, issued a statement.

“Sir Robin had not discussed any role as an expert, or any related matter, with Samsung or any of its representatives either directly or indirectly before 9 January 2013, when he was approached through his clerk by Bristows in the normal way to enquire as to his availability to give an expert opinion,” it said.

“Sir Robin accepted those instructions on 21 January 2013.

“Sir Robin’s role is entirely unrelated to his judgment in the Court of Appeal given on 18 October 2012 in the case of Samsung Electronics (UK) Ltd and Apple Inc. The instruction does not relate to any UK litigation or advice of any kind. Sir Robin is being remunerated for providing his expert opinion at his usual rates.”

As Open Source Consortium (UK) put it the other day:

#swpats and reputations – good article http://www.bbc.co.uk/news/technology-21613152 … note anonymous sniping at Prof Jacob reminiscent of #odf and Peter Quinn

BBC is Android-hostile and has been like this for quite some time. It did not point out Microsoft’s ties to Florian, only Oracle’s. Here is a rebuttal:

FOSS Patents is a blog run by Florian Mueller who gets paid by Microsoft (and Oracle) and writes anti-Android stories in wholesale. He then feeds them to lazy bloggers who prefer copy+paste over doing their own research. He has again weaved an anti-Android story. This time he has questioned the integrity of the UK judge Sir Robin Jacob by writing a blog titled “UK judge who issued extreme ruling for Samsung against Apple hired by… Samsung!”

I am not saying that he gets paid by Microsoft and Oracle to write anti-Android stories and spread FUD against Android, but looking at the amount of time he spends on long boring posts, I wonder when does he get time to do anything else. Nilay Patel of The Verge once wrote, “Mueller’s enormous volume of output on FOSS Patents fairly raises the question of when he finds the time to do any serious consulting work for Oracle in between his diligently granular tracking of several international patent lawsuits, his frequent media appearances, and his additional work as a paid consultant to Microsoft.”

Another Linux foe actually takes a shot at Apple after promoting SCO for years. Oracle’s case (SCO 2) is back in the court and to quote this one report: “Oracle tries to undo Google’s successful defense of Android by claiming that software code is no different than literary text in matters of copyright.”

Florian has spread a lot of copyright-themed lies about Android, including some for Oracle’s case, which is actually supported by Microsoft. Check out this BSA event. “Of course,” Pamela Jones pointed out, “Microsoft General Counsel and Executive VP Brad Smith will be there, as will Oracle SVP, General Counsel, and Secretary Dorian Daley, and IBM Software Group VP and Assistant General Counsel Neil Abrams.”

The Business Software Alliance (BSA) shows Microsoft and Oracle standing shoulder to shoulder. Microsoft is behind Oracle in it and Jones has the details which are based on the original documents. She says: “That is, of course, exactly what SCO was asking for, before it flamed out and fell into oblivion. SCO used the same law firm as Oracle, Boies Schiller, so perhaps it’s not astounding that they raised that same theory of copyright for SCO, an adventure Microsoft and Sun (now part of Oracle) funded, and here it is again, this time in Microsoft’s mouth. I’d like to correct several misleading elements in this amicus brief. And we now have all the amicus briefs as PDFs.”

Apple and Oracle are closely connected by their leaders as well and Jones has this update on Apple’s foremost case:

I told you that the jury’s damages award in Apple v. Samsung would not stand. And this isn’t even the end, but Judge Lucy Koh has just ruled on both Apple and Samsung’s motions on damages. The jury’s award, she says, was excessive, being based on wrong theories. In some cases, she can’t even figure out what they did, and so she has ordered a new trial on damages for certain products and has reduced the award on those she could figure out herself to $598,908,892:

Apple is truly desperate to stop Samsung:

“To say that the Samsung momentum is an issue for Apple is an understatement,” said Barclays analyst Ben Reitzes.

Apple has got the most to lose here; Oracle and Microsoft mostly clear the path to Apple, perhaps fearing that Free/open source platform will become a de facto standard (Oracle and Microsoft have de facto proprietary monopoly in desktop and databases). This is case of patent stacking and conspiracy to sue.

Samsung stole Apple’s thunder and it shows. All that Apple can do now it take public knowledge that was funded by the public (later purchased by Apple to deprive others from having it) and then use patents around it to hound Android/Samsung. As a pro-Microsoft site, put it:

“Here’s a great example of this R&D ecosystem at work: Apple’s iPad. It’s amazing – a device that perhaps only Apple could have designed. But every distinctive aspect of this device – the multi-touch user interface, the sensors, the processor – has its origins in federally sponsored research,” said Lazowska in his written testimony.

That’s about all we have to say about the war on Android for now. It’s more complicated that an outsider may realise. There is a cartel at work.

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