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. The Patents Production 'Industry' (Patent Lawyers) Still Fights Hard to Salvage Software Patents

    A review of recent writings about software patents and patents on business methods in the United States, demonstrating that patent lawyers have gotten very vocal and sneaky (trying to evade the rules)



  2. Patents as a Marketing Strategy: USPTO Now Part of the Advertising Industry

    The existence of publicity patents, or patents whose sole purpose is to advertise some products, serves to discredit the US patent office, which was originally set up to promote science and technology



  3. Microsoft Blackmails and Extorts British Politicians Over Open Standards and Free Software-Leaning Policies

    Microsoft's digital imperialism in the UK getting defended using blackmail, reminding a lot of Brits that Microsoft is just as evil as ever before



  4. Microsoft Gives Another Bug a Name, This Time Logjam™

    The Microsoft crowd is good only at marketing, even when it comes to small bugs in software



  5. Links 22/5/2015: Fedora 22 Final Release is Near, Canonical IPO Considered

    Links for the day



  6. More Utter Shame Unveiled at Battistelli's EPO: Intimidation Tactics With Help From 'Control Risks'

    The unaccountable thugs who run the EPO have hired London-based spooks to help silence their opposition and their critics



  7. GNU/Linux Still Under Attack From Apple and Microsoft, Patents Remain the Weapon of Choice

    A timely reminder of the importance of patent matters, for they are being used to eliminate the zero-cost advantage of Free/libre software and make it more proprietary, privacy-infringing, and user-hostile (as a result of blackmail)



  8. Gartner Group and NASSCOM: Will Lie for FUD, on Behalf of Microsoft and Proprietary Software

    Some of the latest arguments against Free/libre software turn out to be arriving from couriers of Microsoft and its agenda



  9. Windows is a Franchise in Demise, Don't Believe the Hype

    Ongoing propaganda about Vista 10, 'cloud', and other buzzwords or brands are put in perspective



  10. Links 21/5/2015: Fedora 22 RC2, CERN Chooses OpenStack

    Links for the day



  11. Microsoft is Again Showing Its Hatred of Free/Open Source Software by Lobbying the Indian Government to Drop a Rational National Policy

    Microsoft decides to attack Free/Open Source software (FOSS) in India, where the corporate media is very much complicit in misleading the public



  12. Links 20/5/2015: Containers, OpenStack, and EXT4 Corruption

    Links for the day



  13. The PATENT Act, Distraction of Trolls, and Lobbying for Software Patents by Protectionists

    Only large corporations and their lawyers are able to formally change the US patent system through public officials and politicians, despite recent rulings from very high courts



  14. Corporate Media and Friends of Microsoft Are Still Lying About the Cost of Vista 10

    In a desperate effort to beat operating systems that are Free (libre) and free (gratis), such as GNU/Linux or Android, Microsoft shores up the illusion of 'free' (gratis) Windows



  15. Links 19/5/2015: Linux 4.1 RC4, Thunderbird 31.7.0, OpenStack Event

    Links for the day



  16. Links 18/5/2015: Russia Chooses Jolla, Many New Distro Releases, Meizu Devices

    Links for the day



  17. Even Converting an Image to Greyscale is Now a Patent

    Simple mathematics becoming patented as Fujifilm claims 'ownership' of photographic conversion to greyscale



  18. Grooming of the World's Biggest Patent Troll, Nathan Myhrvold of Microsoft and Intellectual Ventures

    UCLA and Microsoft-linked media are framing big thugs as heroes, doing a great disservice to both academia and journalism



  19. The EPO's Fight to Bring Software Patents Into Europe is One Step Closer to a 'Victory' (for Multinationals)

    Opposition to the Unified Patent Court (UPC) is being crushed and Italy is one of the latest actors to have fallen in the battle



  20. Microsoft's 'Former' Staff Continues With His Anti-Google Rhetoric at CBS

    A Microsoft intern, who has moved on to journalism, is still showing his affinity for Microsoft with apologetics and spin



  21. More of Microsoft's False Claims About Cost of Vista 10 and More Layoffs

    Vista 10 is still being marketed using lies and Microsoft may be going down the same route as Nokia



  22. Microsoft Remotely Bricks -- Intentionally -- Xbox One

    Microsoft is showing off its kill switches, kills consoles of people whom it doesn't like



  23. IRC Proceedings: May 3rd - May 16th, 2015

    Many IRC logs



  24. Links 17/5/2015: NuTyX Saravane 15.05, Panasonic and Firefox OS

    Links for the day



  25. Links 16/5/2015: MAME Free Software. Rust 1.0, New Wine

    Links for the day



  26. Links 15/5/2015: GNOME 3.16.2, GNU Guix 0.8.2

    Links for the day



  27. Links 15/5/2015: Skrooge Releases, Linux 3.14.42, Linux 3.10.78

    Links for the day



  28. "VENOM" FUD Attack -- Like "Heartbleed" FUD Attack -- Linked to Microsoft

    Why CrowdStrike™ is motivated to smear Free software and establish a stigma of insecurity in Free software-based virtual machines/'clouds'



  29. Spinning Microsoft's Inability to Sell Windows (or Office) as a Strength

    The 'cloud' mindset, which is promoted by surveillance fanatics, increasingly used to pretend that Microsoft has a bright future, despite declining sales



  30. New Windows Ransomware: No Branding, Not Even a Mention of Windows

    New example of media bias which completely omits Windows and spares Microsoft as that may lead to bad publicity


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