Bonum Certa Men Certa

Microsoft Continues to Hammer on Linux and Android With Copyright and Patent Proxies

"On the same day that CA blasted SCO, Open Source evangelist Eric Raymond revealed a leaked email from SCO's strategic consultant Mike Anderer to their management. The email details how, surprise surprise, Microsoft has arranged virtually all of SCO's financing, hiding behind intermediaries like Baystar Capital."

--Bruce Perens



Handyman



Summary: Far from a friend of FOSS, Microsoft continues to attack FOSS platforms by proxy, through SCO, Nokia, Intellectual Ventures, and more

Patent lawyers and patent boosters like Dennis Crouch continue to cover patents as though they deserve the same legitimacy as copyrights. Terms like IP (or Intellectual Property) are used to blur the distinction. A decade ago SCO sued Linux backers using copyright claims. And a decade later the SCO case is still not over. "The SCO Group would like the US District Court in Utah to finally give it a hearing regarding its wish to go forward in its lawsuit against IBM "and other matters", whatever that last turns out to mean," writes Pamela Jones at Groklaw this week. SCO still hasn't shown what it claims to be copyright violations. Secrecy is being used to make the trial never end, billing many companies (legal fees) at the same time.



Apple too has been using secrecy and reporters challenge this secrecy, as we noted earlier this week:

On Tuesday, March 26, Gregg Leslie, the legal director of the Reporters Committee for Freedom of the Press, is scheduled to appear before the U.S. Court of Appeals for the Federal Circuit to argue in favor of unsealing court documents in the multi-billion-dollar Apple v. Samsung patent case.

The appeal is significant because the Federal Circuit, where much important patent law is made, has never had a seminal access case.

The Reporters Committee, joined by seven media organizations, filed a friend-of-the-court brief in the Court of Appeals in October 2012, arguing that records in the smartphone patent lawsuit – whose partial unsealing by a lower court was appealed by both Apple and Samsung – should be public.


Here is an update on this:

A federal appeals court aggressively questioned the scope of the public interest and trade secrets at a hearing on Tuesday over document secrecy in Apple Inc's patent litigation against Samsung Electronics Co Ltd .

A coalition of media advocacy groups and news organizations is asking the Federal U.S. Circuit Court of Appeals to uphold a lower court ruling that ordered the companies to unseal many financial documents filed in the high-stakes patent case


Apple secrecy goes many years back. The company has a lot to hide. It wants to control how its products are covered.

Apple is meanwhile being sued for patent infringement in China:

Apple is being taken to court in China for alleged copyright infringement on its Siri feature.

Shanghai's Zhizhen Network Technology Co claims Apple infringed its patent for the voice recognition software.

Siri is a "virtual personal assistant" which responds to voice commands and lets users do things such as send messages and search the internet.

Zhizhen says it patented its Xiao i Robot software in 2004, while Apple's Siri made its debut with the release of the iPhone 4S in 2011.


Watch Murdoch's propaganda press hypocritically slamming China for taking action against Apple:

The Chinese Communist Party's main propaganda outlet assailed Apple Inc.'s customer-service practices, the latest indication that China might move to check foreign companies' domination of the country's smartphone market.


What an ugly opening sentence. The WSJ and other News Corp outlets are no less propaganda than the Chinese equivalent. But anyway, in the US it's the corporations which control the press through direct ownership (e.g. Huffington Post is AOL which is Warner which is Comcast which is NBC which is GE). Recently we saw the 'Microsoft press' tilting stories in favour of Microsoft. Patent lawyers and CBS (also Microsoft-funded) do more of this [1, 2] regarding the XBox lawsuit which is the result of Microsoft aggression against Android (see our Motorola page for chronology). Recently, as discussed here, the Microsoft-controlled Nokia tried to block VP8 altogether. Pamela Jones too seems to be ready for a boyoctt of Nokia and she responded to the Microsoft lobbyist as follows:

I see folks are seeing right through Nokia and Microsoft's strategies. As KFCConspiracy put it: "When you see a company failing it never fails... It becomes a patent troll." And I'd like to highlight one other point, because FOSSPatents doesn't understand it [http://www.fosspatents.com/2013/03/nokia-comments-on-vp8-patent.html]. He got the following statement from Nokia, who of course would give it to him: "Nokia believes that open and collaborative efforts for standardization are in the best interests of consumers, innovators and the industry as a whole. We are now witnessing one company attempting to force the adoption of its proprietary technology, which offers no advantages over existing, widely deployed standards such as H.264 and infringes Nokia's intellectual property. As a result, we have taken the unusual step of declaring to the Internet Engineering Task Force that we are not prepared to license any Nokia patents which may be needed to implement its RFC6386 specification for VP8, or for derivative codecs." Remember when MPEG LA in 2011 sent out a call for anyone who could come up with a patent to block Vp8? And here comes Nokia. Remember MPEG LA's head showing up on behalf of Microsoft in the litigation in Seattle? Getting the picture? Fosspatents writes, "The way H.264 was defined definitely meets all the criteria for an open standard." No. It does not. A standard is not open if it requires paying royalties for a patent, because the GPL doesn't allow paying royalties for a patent. Linux uses the GPL. So Nokia is not offering open standards that everyone can use. This is targeting the GPL. And I believe it's been planned for a long time, that it's not just independent actors who happen to be helping each other fortuitously. The proprietary dudes want to destroy free and open, so they can make money. And they came up with a plan, one that we are watching play out. That's how it looks to me, judging from the breadcrumbs along the roadway. Android is based on the Linux kernel. There is a lot that Microsoft has done over the years to block or emasculate the GPL. SCO was part of this. Now it's Nokia stepping up to the noxious proprietary plate, and they know about the GPL, because they used to sell Linux products. And to the board: you are doing evil here. You want Nokia to be the new SCO? Why would you? No one is surprised about Microsoft trying to kill off GPL freedom, but you should be ashamed to join them. Yes. You


Slashdot has, disappointingly enough, given a platform (obviously for whitewash) to Microsoft's chief patent troll/proxy. "As a bonus on Wed. April 3, Nathan will be doing a live Q&A from 12-12:30pm PST," it says. Now watch the first comment which says: "Is the money made in patent trolling worth being that kind of scumbag?"

Rude but true. Slashdot won't actually ask that. It's just PR for Intellectual Ventures, which is the world's biggest patent troll. Sadly, large corporations like Apple (also funding Intellectual Ventures) have been joining Microsoft's attempt at patent-stacking against Android. Where are the regulators? And where is the outrage within the FOSS community? There is not enough resistance out there.

Comments

Recent Techrights' Posts

Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
 
Red Hat Keeps Behaving Like a Microsoft Reseller (for Proprietary Stuff!), Microsoft Employees as Authors in redhat.com
In some ways this reminds us of Novell
UEFI 'Secure Boot' Once Again Bricking PCs and Fake Security Models Are Perishing in Geminispace
Let's Encrypt has just fallen again
Links 17/07/2024: New Attacks on the Press, European Patents Squashed Even at Kangaroo Court (UPC)
Links for the day
Gemini Links 17/07/2024: Proponents of Censorship and New Arrivals at Gemini
Links for the day
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024