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

05.12.13

Matt Asay is Wrong, Microsoft Does Sue (SLAPP Action), Doesn’t Just Threaten

Posted in GNU/Linux, Google, Microsoft, Patents, TomTom at 11:06 pm by Dr. Roy Schestowitz

In Soviet Russia, only Microsoft ever gets sued

Matt Asay

Summary: Misleading article helps portray the aggressor as a negotiator, using patently false claims that are easily disprovable

The notion of SLAPP (strategic lawsuit against public participation) is well understood in the legal world. If the cost of defending oneself in court is higher than the cost of settlement and the outcome at the court is not so crucial (e.g. if you make Android devices but not Android itself), then the legal system can be perturbed and radically manipulated. It enables people in suits to call ‘business’ what really is the direct equivalent of the Mafia demanding ‘protection’ money from local shops. It’s akin to what some label “financial terrorism”, evoking particular detrimental behaviour through economic strangulations.

“It enables people in suit to call ‘business’ what really is the direct equivalent of the Mafia demanding ‘protection’ money from local shops.”Matt Asay, whom we sometimes refer to as Mac Asay for his advocacy of Apple products and Microsoft apologism*, has this article titled “Microsoft’s Mobile Patent Strategy: Threaten, Don’t Sue” (untrue, see TomTom and others, as it was definitely neither the first nor last). The article comes from a site formerly (until very recently) managed by an inflammatory anti-Linux man.

SLAPP tactics are not taken into account by Mr. Asay, so his hypothesis is misleading. It makes Microsoft look quite soft. Asay cites this article from many years ago and says “Microsoft has never been one to sue. In its long history, the company has only taken someone to court a small handful of times, and itself has had to pay out more than $9 billion in damages. Perhaps because of how hard Microsoft has been spanked by the courts, it has taken a different tactic with Google Android.”

This is nonsense. Microsoft sued plenty of times. We covered many examples.

“As reported by Reuters,” he continues, “Microsoft now makes far more on Android patent royalties than it does on its own Windows Phone OS. (For some this might make Microsoft a patent troll, but we’ll leave that for a separate blog post.) In fact, by some estimates Microsoft will clear $3.4 billion in Android royalty fees in 2013, and is on pace to top $8.8 billion within the next few years.”

“Truthfully, given Microsoft’s business practices, it deserves no real opportunity in mobile devices and its executives should be trailed for racketeering, among other abuses.”No evidence for that, as we noted the other day. These are mere guesses and FUD that Microsoft just loves printed/echoed in the media (it leads to intimidation against Android adoption by companies). There are numerous other issues with Asay’s article. He doesn’t use facts properly. But it it is easy to agree with his closing words: “It’s time to give Microsoft the chance to prove itself in mobile, too, rather than collect fees on others’ hard work.”

Truthfully, given Microsoft’s business practices, it deserves no real opportunity in mobile devices and its executives should be trailed for racketeering, among other abuses.

Gutierrez, Smith and other top lawyers, even Steve Ballmer and Bill Gates to some degree, are behind the racketeering. There is a law against racketeering and it should be put to use at long last. It was put there for a reason.
____
* Asay, a former Novell employee, routinely communicates with Microsoft employees and he was also interviewed for a job at Microsoft at one point, later letting the company intrude the FOSS world via OSBC, OSI, etc.

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

3 Comments

  1. Ian Waring said,

    May 14, 2013 at 2:53 pm

    Gravatar

    While I’d totally agree with the sentiments of the article, you have mischaracterised Matt Asay totally. In my own experience, he is an Open Source Advocate and at no time a Microsoft apologist. He is a VP of 10gen, unashamedly an open source software company.

    I think your aims would be furthered by focussing on the subject at hand, and not picking on your own side with false assertions.

    So, when are the authorities going to bring the racketeering allegations to be aired in public?

  2. Ian Waring said,

    May 14, 2013 at 3:15 pm

    Gravatar

    The source article contains a comment from Florian Mueller. Is that the same guy bing paid by Oracle to issue fud against Google during their Court Case a few months back? Credible source then!

    It did look like Barnes & Noble were going to “out” the Android licensing story, taking Microsoft and Nokia to places they felt very uncomfortable – until Microsoft agreed a strategic investment (and the case got dropped at that time). There was quite a commentary on Groklaw at the time.

    If the patents are genuine, it would probably be to everyone’s benefit (Microsoft in particular) if they were transparent and could show their tech being used authoritively. By going behind closed doors, there will always be a suspicion of playground bully demanding menaces…

    Dr. Roy Schestowitz Reply:

    Florian Müller works for Microsoft and Linux foes. There is a lot of money invested in FUD.

What Else is New


  1. Links 20/11/2017: Why GNU/Linux is Better Than Windows, Another Linus Torvalds Rant

    Links for the day



  2. “US Inventor” is a “Bucket of Deplorables” Not Worthy of Media Coverage

    Jan Wolfe of Reuters treats a fringe group called “US Inventor” as though it's a conservative voice rather than a bunch of patent extremists pretending to be inventors



  3. Team Battistelli's Attacks on the EPO Boards of Appeal Predate the Illegal Sanctions Against a Judge

    A walk back along memory lane reveals that Battistelli has, all along, suppressed and marginalised DG3 members, in order to cement total control over the entire Organisation, not just the Office



  4. PTAB is Safe, the Patent Extremists Just Try to Scandalise It Out of Sheer Desperation

    The Leahy-Smith America Invents Act (AIA), which gave powers to the Patent Trial and Appeal Board (PTAB) through inter partes reviews (IPRs), has no imminent threats, not potent ones anyway



  5. Update on the EPO's Crackdown on the Boards of Appeal

    Demand of 35% increases from the boards serves to show that Battistelli now does to the 'independent' judges what he already did to examiners at the Office



  6. The Lobbyists Are Trying to Subvert US Law in Favour of Patent Predators

    Mingorance, Kappos, Underweiser and other lobbyists for the software patents agenda (paid by firms like Microsoft and IBM) keep trying to undo progress, notably the bans on software patents



  7. Patent Trolls Based in East Texas Are Affected Very Critically by TC Heartland

    The latest situation in Texas (United States District Court for the Eastern District of Texas in particular), which according to new analyses is the target of legal scrutiny for the 'loopholes' it provided to patent trolls in search of easy legal battles



  8. Alice Remains a Strong Precedential Decision and the Media Has Turned Against Software Patents

    The momentum against the scourge of software patents and the desperation among patent 'professionals' (people who don't create/develop/invent) is growing



  9. Harm Still Caused by Granted Software Patents

    A roundup of recent (past week's) announcements, including legal actions, contingent upon software patents in an age when software patents bear no real legitimacy



  10. Links 18/11/2017: Raspberry Digital Signage 10, New Nano

    Links for the day



  11. 23,000 Posts

    23,000 blog posts milestone reached in 11 years



  12. BlackBerry Cannot Sell Phones and Apple Looks Like the Next BlackBerry (a Pile of Patents)

    The lifecycle of mobile giants seems to typically end in patent shakedown, as Apple loses its business to Android just like Nokia and BlackBerry lost it to Apple



  13. EFF and CCIA Use Docket Navigator and Lex Machina to Identify 'Stupid Patents' (Usually Software Patents That Are Not Valid)

    In spite of threats and lawsuits from bogus 'inventors' whom they criticise, EFF staff continues the battle against patents that should never have been granted at all



  14. The Australian Productivity Commission Shows the Correct Approach to Setting Patent Laws and Scope

    Australia views patents on software as undesirable and acts accordingly, making nobody angry except a bunch of law firms that profited from litigation and patent maximalism



  15. EPO 'Business' From the United States Has Nosedived and UPC is on Its Death Throes

    Benoît Battistelli and Elodie Bergot further accelerate the ultimate demise of the EPO (getting rid of experienced and thus 'expensive' staff), for which there is no replacement because there is a monopoly (which means Europe will suffer severely)



  16. Links 17/11/2017: KDE Applications 17.12, Akademy 2018 Plans

    Links for the day



  17. Today's EPO and Team UPC Do Not Work for Europe But Actively Work Against Europe

    The tough reality that some Europeans actively work to undermine science and technology in Europe because they personally profit from it and how this relates to the Unitary Patent (UPC), which is still aggressively lobbied for, sometimes by bribing/manipulating the media, academia, and public servants



  18. Links 16/11/2017: WordPress 4.9 and GhostBSD 11.1 Released

    Links for the day



  19. The Staff Union of the EPO (SUEPO) is Rightly Upset If Not Shocked at What Battistelli and Bergot Are Doing to the Office

    The EPO's dictatorial management is destroying everything that's left (of value) at the Office while corrupting academia and censoring discussion by threatening those who publish comments (gagging its own staff even when that staff posts anonymously)



  20. EPO Continues to Disobey the Law on Software Patents in Europe

    Using the same old euphemisms, e.g. "computer-implemented inventions" (or "CII"), the EPO continues to grant patents which are clearly and strictly out of scope



  21. Links 16/11/2017: Tails 3.3, Deepin 15.5 Beta

    Links for the day



  22. Benoît Battistelli and Elodie Bergot Have Just Ensured That EPO Will Get Even More Corrupt

    Revolving door-type tactics will become more widespread at the EPO now that the management (Battistelli and his cronies) hires for low cost rather than skills/quality and minimises staff retention; this is yet another reason to dread anything like the UPC, which prioritises litigation over examination



  23. Australia is Banning Software Patents and Shelston IP is Complaining as Usual

    The Australian Productivity Commission, which defies copyright and patent bullies, is finally having policies put in place that better serve the interests of Australians, but the legal 'industry' is unhappy (as expected)



  24. Patent Trial and Appeal Board (PTAB) Defended by Technology Giants, by Small Companies, by US Congress and by Judges, So Why Does USPTO Make It Less Accessible?

    In spite of the popularity of PTAB and the growing need/demand for it, the US patent system is apparently determined to help it discriminate against poor petitioners (who probably need PTAB the most)



  25. Declines in Patent Quality at the EPO and 'Independent' Judges Can No Longer Say a Thing

    The EPO's troubling race to the bottom (of patent quality) concerns the staff examiners and the judges, but they cannot speak about it without facing rather severe consequences



  26. The EPO is Now Corrupting Academia, Wasting Stakeholders' Money Lying to Stakeholders About the Unitary Patent (UPC)

    The Unified Patent Court/Unitary Patent (UPC) is a dying project and the EPO, seeing that it is going nowhere fast, has resorted to new tactics and these tactics cost a lot of money (at the expense of those who are being lied to)



  27. Links 15/11/2017: Fedora 27 Released, Linux Mint Has New Betas

    Links for the day



  28. Patents Roundup: Packet Intelligence, B.E. Technology, Violin, and Square

    The latest stories and warnings about software patents in the United States



  29. Decline of Skills Level of Staff Like Examiners and Impartiality (Independence) of Judges at the EPO Should Cause Concern, Alarm

    Access to justice is severely compromised at the EPO as staff is led to rely on deficient tools for determining novelty while judges are kept out of the way or ill-chosen for an agenda other than justice



  30. Links 14/11/2017: GNU/Linux at Samsung, Firefox 57 Quantum

    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