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

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.

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. Links 1/9/2014: Poettering on systemd, ITNews on DBMSs

    Links for the day



  2. Moving Away From Windows to GNU/Linux and the Abandonment of Windows as the Modest Proposal These Days

    Morale of GNU/Linux and an embrace of GNU/Linux is very high, despite recent propaganda from Microsoft MVPs and boosters (primarily security-themed and Munich-themed FUD)



  3. Korean Press Slams Microsoft Over Patent Extortion Against Linux/Android as New Abuses Resurface

    Harsh words from the national press of South Korea as Nokia's role in Microsoft's anti-Linux tactics becomes more apparent



  4. More Good News About Patents and Their Demise in the United States

    A roundup of news about software patents and patent trolls in the land where these thrive



  5. Links 31/8/2014: Linux 3.12.27, Akademy 2014

    Links for the day



  6. Links 30/8/2014: Jailhouse 0.1, *buntu 14.10 Beta

    Links for the day



  7. Links 28/8/2014: Many New Games, CTO of Red Hat Steps Down

    Links for the day



  8. We Are Gradually Winning the Battle Against Software Patents

    The once-elusive war on software patents is finally leading to some breakthrough and even the Federal Circuit reinforces the trend of software patents' demise



  9. Free/Open Source Software (FOSS) Companies Versus FOSS Moles (VMware, Sonatype, Xamarin)

    A look at three entities which pretend to be pro-FOSS but are actually FOSS-hostile and very much determined to replace FOSS with proprietary software



  10. Links 27/8/2014: GNU/Linux in Space, China, LinuxCon

    Links for the day



  11. FUD Against Google and FOSS Security Amid Microsoft Windows Security Blunders

    In the age of widespread fraud due to Microsoft Windows with its back doors there is an attempt to shift focus to already-fixed flaws/deficiencies in competitors of Microsoft



  12. Microsoft Spin Watch: IDG Turns to More Microsoft Propaganda, Hires Microsoft Boosters

    Media in Microsoft's pocket is telling Microsoft's lies and deceives the public for Microsoft's bottom line



  13. Microsoft's Massive Tax Evasion Becomes Better Known

    A new report about Microsoft's admission that it plays dirty tricks with tax (sometimes using moles in government) is increasing awareness of Microsoft's criminal aspects



  14. Links 25/8/2014: China's Linux Revolution Imminent

    Links for the day



  15. Links 24/8/2014: GNU/Linux Specialisation and Benchmarks

    Links for the day



  16. Links 23/8/2014: GNU/Linux Growth

    Links for the day



  17. Microsoft-Funded Attacks on Android Security and Patent/Copyright

    A look back at examples of people who smear Android and are receiving (or received) money from Microsoft



  18. Blowback in Chile and Munich After Microsoft Intervention

    Microsoft's attacks on the digital sovereignty of countries involves lobbying, corruption, an attack on standards (e.g. ODF), an attack on FOSS policies, and even an attack on accurate reporting (truth itself)



  19. The End of Microsoft is Nigh

    A look back at a tough year for Microsoft and a not-so-promising future



  20. Links 22/8/2014: Linux Foundation LFCS, LFCE

    Links for the day



  21. UPS Burned by Microsoft Windows, Gives Away Massive Number of Credit Card Details

    UPS is the latest victim of Microsoft's shoddy back door with software on top of it (Windows); attempts to blame FOSS for data compromise actually divert attention from the real culprit, which is proprietary software



  22. Microsoft's Funding of ALEC and Other Systemic Corruption

    Microsoft role in writing of laws by proxy, via groups such as ALEC



  23. Microsoft is Still Preying on British Taxpayers, Playing Politics

    Some news from the UK showing how Microsoft uses politics to extract money out of taxpayers, irrespective of their preferences



  24. Microsoft's Patent Troll Intellectual Ventures is Collapsing as 20% of Staff Laid Off

    More good news regarding the demise of patents as Microsoft's leading patent proxy is collapsing more rapidly than anyone ever imagined and software patents too are collectively doubted



  25. Links 21/8/2014: Conferences of Linux Foundation, Elephone Emerges

    Links for the day



  26. Links 20/8/2014: Linux Event, GNOME Milestone

    Links for the day



  27. Corruption Watch: Microsoft Lobbying Designed to Kill Chile's Free Software Policy and Promote Microsoft With Subsidies, More Dirty Tricks Emerge in Munich

    icrosoft is systematically attacking migrations to GNU, Linux and Free software, using dirty tricks, as always



  28. Vista 8 Such a Disaster That Even Microsoft Cannot Cope With It, Vapourware Tactics Start Early

    Microsoft's Windows-powered services are failing and Windows gets bricked by Microsoft patches, whereupon we are seeing yet more of Microsoft's vapourware tactics (focusing in imaginary, non-existent versions of Windows)



  29. On BlackBerry and Other Patent Trolls

    A roundup regarding patent trolls, starting with the bigger and latest joiner, BlackBerry's new patents apparatus



  30. Links 19/8/2014: Humble Jumbo Bundle 2 Betrayal, Mercedes-Benz Runs GNU/Linux

    Links for the day


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