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 26/11/2014: Docker Patched, New DragonFlyBSD

    Links for the day



  2. Message to the Corporate Media: Bill Gates is Not an Ebola Expert

    Brainwash in the corporate media, including media that the Gates Foundation bribes in exchange for sheer bias, paints the super-rich as the solution rather than the problem



  3. US Government Finally Probes Microsoft Over Financial Fraud, Microsoft Then Bullies the Government With a Lawsuit

    Microsoft is finally being investigated -- perhaps properly too -- for its well-known tax abuses that have so far proved that Microsoft is "too big to jail"; Microsoft is suing the investigator, exerting its abusive power to discourage further investigation



  4. Gagging Critics: Micro Focus-Run SUSE Bribes Journalists in Exchange for Positive Coverage

    Amid the takeover by Micro Focus, SUSE pays journahayess (especially critics) who in turn become some kind of advertisements feed of Novell



  5. Links 25/11/2014: Tizen News, Jolla Tablet Past Million

    Links for the day



  6. Links 24/11/2014: Linux 3.18-rc6, Qualcomm Eyes GNU/Linux Servers

    Links for the day



  7. Boycotting Micro Focus International

    Microsoft's "Partner of the Year" is taking over the patron of SUSE and all of Novell's remains, except the patents (Microsoft has already grabbed those)



  8. Vesna Stilin's Remarks on Željko Topić: Part XI

    Vesna Stilin speaks about her confrontation with EPO Vice-President Željko Topić, who has criminal lawsuits against him in Croatia



  9. Links 22/11/2014: Linux Mint 17.1, Ubuntu MATE

    Links for the day



  10. Links 21/11/2014: Problems at Debian, Jolla Tablet

    Links for the day



  11. Links 18/11/2014: Linux 3.18 RC 5, New DigiKam

    Links for the day



  12. Special Report: Many Criminal Charges Against EPO Vice-President Željko Topić

    The abuses of Željko Topić, who has gained notoriety in his home country, are rapidly becoming public knowledge across all of Europe



  13. Links 16/11/2014: Xfdesktop 4.10.3, GNU Hello 2.10

    Links for the day



  14. Microsoft is Going Into the Anti-Whistleblowing Business, Dodges Criticism Over 19-Year Bug Door in Windows

    With Aorato acquisition Microsoft helps protect the criminals (from whistleblowers) and with lies about .NET Microsoft distracts from a bug that has facilitated remote access into Windows (by those in the know) for nearly two decades



  15. Reaffirming Microsoft's Long-Known Hostility Towards Net Neutrality, Microsoft Crashed Juniper

    Steve Ballmer is ranting against net neutrality and Juniper's business is in trouble after a lot of executives from Microsoft took over most top positions there



  16. Another Massive Step Towards Elimination of Software Patents as Even CAFC Rules Against Them

    After SCOTUS gets involved in the Ultramercial case, the CAFC finally decides to actually serve justice rather than dogma



  17. The GOP's Patent Reform Plan Not Effective Enough to Stop Massive Patent Trolls Like Microsoft/Nokia

    The corporations-serving GOP says that it wants a patent reform, but another reminder is needed of the futility of the suggested changes



  18. How the EPO's Executive Branch (Battistelli and Topić) Banned Scrutiny and Created Authoritarian Model of Control: Part X

    A look at highly dubious moves by EPO President Battistelli and his right-hand man Topić, whose abuses are becoming hard to oversee or even report



  19. Links 15/11/2014: Linux Mint 17.1 Release Candidate, Popcorn Time 0.3.5

    Links for the day



  20. IRC Proceedings: October 26th, 2014 – November 8th, 2014

    Many IRC logs



  21. The Terrible Joke Which is Microsoft 'Loving' Linux: Nightmares With UEFI 'Secure' Boot (i.e. Windows Monopoly Imposed) Continue to Affect GNU/Linux Users

    A reminder of Microsoft's sheer hostility towards GNU/Linux and long-reaching sabotage of GNU/Linux installations



  22. Patent Lawyers Worry About Section 101 in 'Alice' (and Other Patent News)

    A quick roundup of news of interest regarding software patents



  23. Will Write for FUD (Against FOSS)

    Black Duck rears its ugly head again, serving to show that it is in the business of changing perceptions and not in the information or analysis business



  24. Debunking Several Days of Never-Ending Lies About Microsoft and .NET

    .NET is not "Open Source", it cannot be forked (there remains patent threat), Visual Studio is still completely proprietary and it is expected to come to other platforms only because Windows has lost its dominance and Microsoft wants to perpetually control APIs (with software patents) and hence reign over developers



  25. Links 14/11/2014: LibreOffice 4.3.4, Ads Now in Firefox

    Links for the day



  26. Links 14/11/2014: GNOME 3.14.2, PulseAudio 6.0

    Links for the day



  27. Microsoft Windows is Still Designed as a Paradise of Back Doors, Intrusion, Wiretaps, and Interception

    At many levels -- from communication to storage and encryption -- Windows is designed for the very opposite of security



  28. Forget the FUD About Bash and OpenSSL, Microsoft Windows Blamed for Massive Credit Cards Heist

    Home Depot learns its lesson from a Microsoft Windows disaster, but it stays with proprietary software rather than move to software that is actively audited by many people and is inherently better maintained (Free/libre software)



  29. Windows 'Update' and NSA Back Doors, Including a 19-Year Bug Door in Microsoft Windows

    The back doors-enabled Microsoft Windows is being revealed and portrayed as the Swiss cheese that it really is after massive holes are discovered (mostly to be buried by a .NET propaganda blitz)



  30. Revealed: Microsoft is Trying to Corrupt the UK in Order to Eliminate Its OpenDocument Format-Oriented Standards Policy

    Microsoft interference with Britain's preference for ODF is now confirmed, thanks to a valuable news report from Computer Weekly; OOXML lock-in is being unleashed by Microsoft on Android users


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