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

06.18.13

Judge Jackson Dies While Microsoft Continues to Abuse the System, This Time Using Nokia as a Front

Posted in Antitrust, GNU/Linux, Google, Microsoft, Patents at 1:46 pm by Dr. Roy Schestowitz

“I think he [Bill Gates] has a Napoleonic concept of himself and his company, an arrogance that derives from power and unalloyed success, with no leavening hard experience, no reverses [...] They don’t act like grown-ups!”

Judge Thomas Penfield Jackson

/Thomas Penfield Jackson

Summary: The abusive behaviour of Microsoft continues unabated long after Judge Jackson warned about the sociopathic management and its dangers

M

ICROSOFT is best known to many as the champion of antitrust abuses. The judge who knows this best has just died (see biography or some corporate press coverage [1, 2, 3]). He left behind him is a lot of paper trail showing how Bill Gates and his goons repeatedly broke the law while trying to marginalise, demonise and incite judges like himself. To quote the book authored by the daughter of Microsoft’s PR leader, Microsoft said “Judge Penfield Jackson’s decision to appoint a “special master” was not appropriate and that the company would challenge it. On December 23 Microsoft did just that and filed a motion to remove Lawrence Lessig from the case. [...] In trying to get rid of Lessig, Microsoft argued the law, but they also argued bias.”

“He left behind him is a lot of paper trail showing how Bill Gates and his goons repeatedly broke the law while trying to marginalise, demonise and incite judges like himself.”See our symbolic list of personal retributions by Microsoft, which at times behaves like a dangerous cult. Microsoft’s antitrust abuses are far from over. Someone from Finland tells us about “The last of that OSS OS” which Microsoft destroyed using its mole in Nokia. In Europe, specifically in Germany, the Microsoft-run Nokia has been suing Android using patents. There is a motion for outright ban of such patents, led by Jimmy Schulz and Matthias Kirschner, the FSFE’s coordinator for Germany. Mr. Pogson and many others write about it because the key to many of Microsoft’s latest competition abuses is software patents.

The Microsoft-Apple duopoly [1, 2] is getting closely tied (search engines too) now that the mission is to destroy Google/Android. Microsoft needs a proxy to make antitrust claims against Google, for it would seem hypocritical otherwise.

Nokia to Microsoft’s rescue! Here is the article “EU to probe Google’s below cost licensing of Android: Courtesy Microsoft Nokia,” stating:

Microsoft, the company which created abusive monopoly in the PC desktop space and did not leave any room for a single player to breath and survive for almost three decades is now crying wolf when competitors are doing better.

Microsoft and it’s pizza delivery boy Nokia filed complaints with the EU, via is proxy body FairSearch, against Google’s free and open source Android OS. According to reports EU is going ahead with the probe.

FairSearch is no ‘independent body. Nicolas Petit, a professor of competition law at the University of Liege in Belgium was quoted by Computer World stating, “FairSearch.org is seen by many observers here as a Microsoft Trojan Horse Everyone understands here in Brussels that it’s Microsoft versus Google.”

As put by Pamela Jones: “This is beyond silly. Microsoft and Nokia a sore losers, and they should put more effort into their products instead of attacking Google via regulators. It’s unseemly. Of course the wrongly named “Fair Search” is involved. It’s here if you want. I hate to give them clicks: http://www.fairsearch.org/mobile/fairsearch-announces-complaint-in-eu-on-googles-anti-competitive-mobile-strategy/ but here’s the thing: every time these guys complain to the EU regulators, they have to look into it, even if it is absurd on its face. It’s how it works, and the article is clear it’s still an “informal” investigation, meaning nothing has happened except Microsoft and its little sidekick Nokia are complaining again.”

Many articles about this subject cite this original report and a FOSS-oriented site says this:

The Financial Times reports that it has access to documents indicating that the EU Commission is investigating the licensing practices for the Android mobile operating system. According to the documents, Google is offering Android below the usual market prices. The report also says that the company has been signing exclusive contracts with smartphone manufacturers related to the factory installation of Google’s mobile services. Reportedly, competitors have accused Google of exploiting its dominant market position to achieve this.

Over at CNET, the battle is said to be fought by “a group of companies that includes Microsoft, Nokia, and Oracle” (Apple friend and CPTN member). Jones writes: “Do you remember Daniel Wallace, who sued the Free Software Foundation, as well as Novell and Red Hat over the GPL, claiming it was an antitrust violation to offer it for free, because then other software couldn’t fairly compete? The judge specifically ruled that the GPL encouraged competition and innovation and was advantageous for consumers in that prices to go down instead of up, writing: “[T]he GPL encourages, rather than discourages, free competition and the distribution of computer operating systems, the benefits of which directly pass to consumers. These benefits include lower prices, better access and more innovation.

“And what, pray tell, would the remedy be, if Microsoft and its sidekick Nokia were to prevail? Force Google to charge for Android? Ban it from the market? I mean, what? This accusation, aside from being untrue, reveals that what Microsoft really wants is one of the following: 1) that Android cost more, either through patent royalties paid for Microsoft’s aged and unnecessary, maybe invalid, patents; or 2) Android’s total destruction. That’s not competition in any normal sense.”

Here is how Pogson puts it:

The idea that an owner of copyright cannot give away it’s product is plainly silly. Copyright law says the owner can make copies any way they want, charging money or not.

This just shows that Microsoft continues to abuse and misuse the system while at the same time, as Tim put it, Microsoft wants to be seen as a victim that plays “nice”. The headline says “The writing is on the wall? Microsoft wants to play nicely now?

The picture is not too great for Microsoft and its future. I’ve said recently that I believe the reason Microsoft plugs away with its phone efforts is so that it can’t be accused of patent trolling when it rakes in the profit from it’s Android licenses and as some people will probably agree, if Microsoft does have a long term future, it will be in the area’s of patents.

The worrying thing about this is (and the Microsoft Advocates are keen to point this out) is that Microsoft is not going anywhere – this is very true. It has a massive warchest of cash, a library of patents and in my view a opinion of “do it our way or not at all”. I think on the way down, Microsoft will bring many others down with it.

Microsoft play nicely with others? In my opinion, there’s more chance of Steve Ballmer spontaneously growing a full head of hair than Microsoft playing nicely with anyone.

Racketeering with patent threats and misuse of regulatory agencies through proxies is not playing “nice”, it’s acting criminal.

Judge Thomas Penfield Jackson said “Microsoft expends a significant portion of its monopoly power [...] on imposing burdensome restrictions on its customers and inducing them to behave in ways that augment and prolong that monopoly power.” He also said that it “is Microsoft’s corporate practice to pressure other firms to halt software development that either shows the potential to weaken the applications barrier to entry or competes directly with Microsoft’s most cherished software products.” This is still true. On another occasion he said that “[t]he period since 1996 has witnessed a large increase in the usage of Microsoft’s browsing technologies and a concomitant decline in Navigator’s share. … The relative shares would not have changed nearly as much as they did, however, had Microsoft not devoted its monopoly profits to precisely that end.”

To summarise in the words of Judge Thomas Penfield Jackson, “Microsoft has demonstrated that it will use its prodigious market power and immense profits to harm any firm that insists on pursuing initiatives that could intensify competition against one of Microsoft’s core products. [...] The ultimate result is that some innovations that would truly benefit consumers never occur for the sole reason that they do not coincide with Microsoft’s self-interest.”

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. Hilarious: Battistelli Goes to Former French Colony With No Patents to 'Buy' the EPO a Perception of Legitimacy

    Having toured various banana republics in pursuit of easy-to-sign deals, Battistelli now goes to Cambodia again, in order to make it seem as though the EPO is conquering Asia



  2. Patent Trolls Like Finjan Holdings and Thomas Edison; the Latest Loss for Software Patents in the US and Their Move to China

    A look at the very latest patent news, which suggests further improvements in the US, pushback from the patent microcosm, and an outsourcing of a terrible system to Chinese territories, where the overpatenting plague grows rapidly



  3. Still Waiting for Official Confirmation That Michelle Lee Will Head the Patent Office Under Donald Trump's Administration

    As of today, there is still no official word on whether or not Lee continues her tenure, which saw the demise of patents on software and along with that the demise of patent trolls and frivolous litigation



  4. Links 23/1/2017: Wine Releases, Microsoft Layoffs

    Links for the day



  5. 'Reform' at the EPO Means Destroying the Staff Union, Crushing Patent Examiners, and Imposing on Europe a System It Does Not Want (UPC)

    The chaotic transition at the EPO -- a transition from something which has been workable to something intolerable -- and the role of the Unitary Patent (UPC), which lurks in the shadows and threatens to harm the whole of Europe



  6. Shakeup Against Patent Parasites in the US and More Rumours/Speculations About USPTO Director Michelle Lee After Trump's Inauguration

    The US patent system is becoming ever more hostile towards patent trolls, owing in part to reforms introduced under Michelle Lee's tenure, but people are still not certain that she will maintain her job and continue to fix the system



  7. EPO Abuses Now Make the Netherlands Look Like a Facilitator of Human/Labour Rights Abuses

    Rather than crack down on human rights abuses, the Dutch government now sends out the signal that it's an island for those wish to violate human rights whilst enjoying immunity (EPO)



  8. Links 20/1/2017: Docker 1.13, Linux 4.4.44 LTS

    Links for the day



  9. “Federal Circuit Had Affirmed on Every Issue in 77.4% of the Patent Trial and Appeal Board Appeals it Had Seen” in 2016

    The Federal Circuit (CAFC) and Patent Trial and Appeal Board (PTAB) continue to squash a lot of patents on software, in contrast to that fake news from patent maximalists



  10. Kudelski Group Not Only Acts Like a Patent Troll But Also Run by Intellectual Ventures Person; Mobile Market in Dire State of Patent Armageddon

    The patent thicket which pervades everything that is used by billions of people, mobile technology in particular, can be traced back to a lot of non-practicing parasites (or patent trolls)



  11. Watchtroll and His Swamp Still Blame Google (Where Michelle Lee Came From) for Improving and Gradually Fixing Aspects of the US Patent System

    Shooting the messengers (even wrongly associating yours truly with Google) in an effort to undermine patent reform when it is so desperately needed due to serious injustices



  12. In an Age of Necessary Patent Reform and Permanent Uncertainty for Software Patents the Patent Microcosm Looks for Workarounds and Spin

    Commentary on the status quo in the Michelle Lee era and some examples of bias from the patent microcosm, as well as news regarding the NFL getting sued by the Kudelski Group



  13. Michelle Lee, USPTO Director, Should Recognise That the Patent Microcosm is Her Enemy Which Hates Her

    The latest outburst from the patent microcosm, which has a temper issue and notorious disdain for judges it does not agree with, is more of what we have come to expect



  14. Battistelli is an Autocrat Above the Law and It's OK, Holland's High Council Says

    Battistelli's autocratic tendencies will not be challenged by Dutch authorities, in spite of sheer condemnation from many groups all across Europe and the entire world



  15. Beware Fake News About the Unitary Patent (UPC)

    The UPC is dead, deadlocked, stuck, in a limbo and so on; those who claim otherwise are merely lobbying (in disguise of "analysis" or "news")



  16. Shame on MapR for Pursuing Software Patents While Pretending to Stand for Free/Open Source Software

    The patents gold rush sees another company joining the 'fun', albeit this company should campaign hard against software patents rather than pursue any



  17. Doomsday Scenario in the Back Mirror as Michelle Lee Keeps Her Job (and Much-Needed Patent Reform) at the USPTO

    The future of patent reform, i.e. tackling overpatenting and patent trolls, looks somewhat more promising with today's confirmation of Lee's 'extended tenure' at the Office



  18. Links 19/1/2017: PulseAudio 10.0, Linux 4.9 Longterm Kernel

    Links for the day



  19. Corporate (Wall Street) Media Agrees That Brexit Dooms the Unitary Patent (UPC)

    The nonstop lies or the fake news about the UPC starting "real soon now" don't quite pass a reality check or a basic assessment based on fundamental concepts, such as the UPC's facilitation of subordination (to Europe) in the United Kingdom



  20. Farce of an 'Independence' for the Boards of Appeal as Another Ally of Benoît Battistelli Enters as Parasite Inside the 'Overseer'/Host

    The latest cluster of lies from the President of the European Patent Office (EPO) and direct refutation of false claims of independence for the Boards of Appeal, where the former Vice-Presidents can flock, just like the Mini Minion (Minnoye) of Battistelli



  21. Links 18/1/2017: Red Hat's OpenShift 3.4, Mozilla's New Logo/Branding

    Links for the day



  22. Union-Busting Action by Team Battistelli Takes Heavy Toll, Techrights Will Continue to Expose EPO Injustices to the World

    The Staff Union of the European Patent Office, SUEPO, which faced unprecedented and probably illegal (based on local laws) attacks, is being weakened by the worst President ever, whose own management team seems to be collapsing along with the institution he is destroying in just a few years



  23. A Lot More Fake News About the UPC, Trying to Convince People That the UK is Ratifying (It's Not, It Cannot)

    Response to some of the latest misleading (self-serving) whispers about the fate of the Unified Patent Court (UPC), which is in a deadlock due to Brexit



  24. Rumours Suggest That EPO Management is Aware of Decline in Patent Quality and is Thus Actively Lying About it to the Media/Public

    Whenever Battistelli brags about patent quality he may be consciously and deliberately lying through his teeth if the latest rumours are correct



  25. Links 17/1/2017: GIMP Plans, New Raspberry Pi Product

    Links for the day



  26. Resumption of EPO Propaganda ('Meet the President') Officially Starts Tomorrow

    Yet another one of these foolish 'Meet the President' stunts, scheduled to take place tomorrow morning



  27. Caricature: Battistelli's New Year's Resolution (More EPO Lies)

    The latest cartoon being circulated within the European Patent Office (EPO)



  28. Donald Trump Gives New Hope to Patent Aggressors and Patent Trolls

    Pessimism about the prospects of patent progress or patent reform in an age of staunchly pro-business Conservatives and glorification of protectionism



  29. More Fake News About the Unified Patent Court (UPC) Based on Lobbying Tactics From Bristows UPC and the Preparatory Committee

    Unified Patent Court (UPC) lobbying has gotten so bad that it now infiltrates general media outlets, where people are asked to just blindly assume that the UPC is coming and is inevitable, even though it's clearly in a limbo and is unlikely to see the light of day



  30. EPO Totally Silent for a Month, But Deep Inside There Are Serious Cracks

    The situation at the EPO seems to be pretty grim, even at the top-level management, and the EPO has gone into permanent silence mode


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