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. Alice Case Beats Microsoft Patent Troll, USPTO Director Michelle Lee Wants Reform

    Latest developments surrounding software patents and patent trolls in the United States



  2. Links 7/7/2015: Lenovo ThinkPad With GNU/Linux, More Containers Hype

    Links for the day



  3. There is No 'New Microsoft': Under Nadella, Patent Extortion Against Linux/Android Carries on

    Kyocera is again being targeted by Microsoft, using patent aggression, with a secret settlement being reached whose negative impact on Android remains to be seen



  4. Patent Propaganda, Glamourisation, and Erosion of Citizens' Rights in the Process

    An overview of recent coverage about patents, demonstrative of inherent bias in the world of patent practitioners and the journalists whom they misinform



  5. Corporate Media Should Stop Grooming Black Duck by Calling it 'Open Source' and Repeating Its Lies

    Black Duck uses gullible (or easy to manipulate) journalists to spread its marketing talking points, which grossly overstate risks of using Free software



  6. Links 6/7/2015: Linux 4.2-rc1, YotaPhone Picks Sailfish OS

    Links for the day



  7. Microsoft Windows Unsafe at Any Speed, by Design

    More timely reminders that Windows is simply not designed to be secure, irrespective of version, status of patching, etc.



  8. After Moonlight Dies and Even Microsoft Abandons Silverlight, the Abusive Monopolist Keeps Pushing for Other Microsoft Lock-in, Injecting OOXML Traps Into Free Software (Moodle)

    Despite a long history of Microsoft formats being proven guarantee of digital obsolescence, Moodle allows itself to become Microsoft prey and a Trojan horse for OOXML in classrooms (for children)



  9. Links 4/7/2015: Mostly (Geo)Political Catchup

    Links for the day



  10. Links 3/7/2015: KDE Applications 15.04.3, Ubuntu-Flavored Compute Stick

    Links for the day



  11. Patent Lawyers and Their Firms, Still Desperate to Protect the Status Quo, Manipulate the Media

    Patent lawyers are besieged by gradual tightening of patent scope and recklessly fight back (e.g. by saturating the media) to secure their revenue sources, derived from (and at the expense of) actual scientists and true market producers



  12. Amid Controversy, Political Scrutiny and Increased Media Pressure Željko Topić and Benoît Battistelli Allegedly Cancel Today's Trip to Zagreb (Croatia) Where Topić Faces Many Criminal Charges

    The Croatian press comments on the recent declaration from the Council of Europe and Topić's not-so-sterling status in his home country, where he is wanted for alleged crimes



  13. Microsoft Gradually Embraces, Extends, Extinguishes Linux Foundation as a Foundation of GNU/Linux

    By liaising with (or hijacking) existing members of the Linux Foundation, as well as by paying the Linux Foundation, Microsoft turns the Linux Foundation into somewhat of a Windows advocacy group



  14. Microsoft India Still Lobbies and Lies About Free Software in Order to Knock Down Policy That Favours Free Software

    Microsoft continues to bully Indian politicians who merely 'dare' to prefer software that India can modify, maintain, extend, audit, etc.



  15. Patent Lawyers and Corporate Media Nervous About New Patents Barrier/Reality (Less Patents on Software and Business Methods)

    The rich and the powerful, as well as their lawyers (whose job is to protect their money and power by means of government-enforced monopoly), carry on whining after the Alice case, in which many abstract patents were essentially ruled -- by extension -- invalid



  16. Translation of Pierre-Yves Le Borgn' Speech Against EPO Management and New Parliamentarian Interventions

    More political fire targeting the EPO's management, adding up to over 100 parliamentarians by now



  17. Links 2/7/2015: KDE Plasma 5.3.2, antiX 15

    Links for the day



  18. Links 1/7/2015: OpenDaylight Lithium, OpenMandriva Lx 2014.2

    Links for the day



  19. Munich Press, Münchner Merkur, Slams the Munich-based EPO

    Pressure on Benoît Battistelli to leave (or be fired) grows as the cronies whom he filled his office with have become a huge public embarrassment to the decades-old European Patent Office



  20. The Shameless Campaign to Paint/Portray Free Software as Inherently Insecure, Using Brands, Logos, and Excessive, Selective Press Coverage

    Some more FUD from firms such as Sonatype, which hope to make money by making people scared of Free/libre software



  21. National Insecurity and Blackmail, Courtesy of Microsoft

    British members of parliament (MPs) outsourced their communication to the number one PRISM company and they are paying the price for it; The US Navy's systems continue to be unbelievably insecure (Windows XP), despite access to the world's biggest nuclear arsenal



  22. Microsoft Keeps Shrinking

    As the era of shrink-wrapped software comes to an end so does Microsoft, whose effort to become a 'cloud' company with online operations has been miserable at best



  23. They 'R' Coming: More Microsoft Money for the Linux Foundation

    The problem with having Microsoft in a Linux Foundation initiative, the R Consortium



  24. Speculations About the EPO's Possible Role in DDOS Attacks

    Readers' views on who might be behind the attacks on this site amid confirmation that it's on the 'targets' list of the EPO



  25. Links 30/6/2015: Linux Mint 17.2, OpenMandriva

    Links for the day



  26. Techrights Confirmed as a Target of EPO Surveillance, With Help From Control Risks Group (CRG)

    Unveiling the cloak of secrecy from long-term surveillance by the European Patent Office (EPO) and a London-based mercenary it hired, bypassing the law



  27. Google's Fight to Keep APIs Free is Lost, Let's Hope Google Continues Fighting

    SCOTUS refuses to rule that APIs cannot be considered copyright-'protected', despite common sense and despite Java (which the case is about) being Free/libre software



  28. Patent Trolls in the Post-Alice World

    A round-up of news about patent trolls in the United States, some of whom are are doing well and some of them not as well



  29. DDOS Attacks Against Techrights

    Information about some of the most recent DDOS attacks against this Web site and the steps to be taken next



  30. The Patent System Not What it Used to be, Large Corporations and Patent Lawyers the Principal Beneficiaries

    A look at some recent patent stories and what can be deduced from them, based on statistics and trends


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