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

08.17.13

Microsoft’s Emerging Attacks on Google: Bogus DMCA Notices, Fabricated Quotes, Bogus and Baseless Antitrust Complaints

Posted in FUD, Google, Microsoft at 6:56 pm by Dr. Roy Schestowitz

The rotting empire resorts to separate desperate measures

Colosseum

Summary: A glimpse at Microsoft’s latest ugly moves against Google, which is a Microsoft Nemesis in the generation of Linux/Android and services

Microsoft seems to have censored Free software which runs on Windows, reveals strong evidence. Microsoft goes further by trying to do that at Google. OpenOffice could be vanished due to a bogus DMCA notice from Microsoft. As put by Swapnil Bhartiya: “Most of the time most open source players including the Apache Foundation provides the software via torrents as it’s a better technology than direct download and these torrents are then shared across the torrent sites. These are legitimate torrents. But NSA friendly Microsoft goes ahead and terminates these links not only from its own Bing, but also from Google and other search engines.

“I think there should be some penalty for sending wrong DMCA notices to discourage the abuse of the already flawed system.”

That’s a tool Microsoft habitually abuses, as we showed before. And as part of the resurrected "Scroogled" campaign Microsoft will try to accuse Google of what Microsoft is doing.

As the above author put it:

If you are a long-term GNULinux user you would love to see Microsoft in this position. IT world and competition has suffered quite a lot under Microsoft’s abusive monopoly which killed many competitors in the bud, before iOS and Android happened.

While Microsoft’s legal team may not miss any opportunity to brag about signing bogus patent deals with Android players over undisclosed (and thus can be assumed bogus) patents, it has no respect for the work of others.

Microsoft’s Windows Phone has a very very tiny market share, and thus it’s not a viable platform for Google or any other player to create any app for Windows Phones. Looking at the popularity of YouTube, Microsoft who never bothered to create any of its apps for GNULinux, went ahead and create its own YouTube app. For the obvious reasons the app did not meet Google’s terms and conditions as it offered a download option (and removed ads) to cut the revenues of hardworking content creators who publish their content on YouTube to monetize from the ads.

Microsoft had agreed to remove the app and the two companies were supposedly working together on the problem (nice to see Microsoft getting the same treatment it’s been giving to Linux for decades).

Microsoft is now excluding Android from apps and also accusing Google of being sloppy on privacy (look who’s talking). The Microsoft-esque PR from Consumer Watchdog seems to have been more bogus than we realised. As Lauren Weinstein’s blog shows, there might be fabrication. Google never said what it’s claimed to have said. As Weinstein put it:

“There was (I like believe) a time when supposedly reputable news-oriented organizations made the effort to try independently verify “news” — at least to the extent of verifying easily available materials — before writing about or republishing items likely to inflame passions and falsely damage reputations.”

[...]

We’ve just been treated to another vivid example of this, courtesy (initially) of reliably Google-hating “Consumer Watchdog” and Putin’s propaganda channel “Russia Today (RT).”

This sorry sequence began when Consumer Watchdog breathlessly proclaimed that Google had been caught in a legal brief proclaiming that “Gmail users have no expectation of privacy.” RT picked up the story, and sites that we normally would consider to be reasonably reputable started echoing it without further investigation, playing on the current climate of government surveillance furor (and in many cases, related hyperbolic and unjustified paranoia).

[...]

I don’t really expect any better from Consumer Watchdog or Putin’s RT. But it seems reasonable to at least hope for more sense from mainstream news and other websites who portray themselves as accurate sources of information.

This JoinDiaspora discussion about it has AJ saying: “it is kind of sad, that not a single investigative reporter took the time to verify this quote

“the reason i say that is because the actual quote is sufficiently absurd, there was no need to change it :)”

Will Hill replies:

Gates gets the press he pays for. Here’s a recent example of analyst and press manipulation. You can get a small glimpse of how big the microsoft controlled press is by reading their training manuals carefully.

the financial analysts particularly carry a lot of weight. We may think that, you know, Christine Comerford and Jesse Burst and other people who write in the Windows magazines are important, but the most important analysts are the guys who work for, like, Goldman Sachs and Lehman Brothers and the other financial analysts. … everybody reads PC Week, but the VPs and above, those guys are reading the Goldman Sacks analyst reports. They’re the guys, you know, really making the decisions

There are two kinds of developer conferences. There’s those that are controlled by the platform vendors, such as our PDC. We control everything that goes on there; nobody says nothing that we don’t approve beforehand … At independent conferences, subvert them. Find the people who choose who goes on the agenda and … Just suck up to them so hard your face collapses. I mean, those people…those people are so valuable to you, it’s beyond belief, because they control who goes on that session or not.

There’s lot’s of independent programming journals. You want to infiltrate those. Again, there’s two categories. There’s those that are controlled by vendors; like MSJ; we control that. And there’s those that are independent. The ones that we control, you use. … The ones that third parties control, like the WinTech Journal, you want to infiltrate. You want to get yourself onto the advisory committee that picks out which authors are published and which ones aren’t, or which topics are covered and over these special issues, things like that Just be so helpful that they can’t do without you, and then make sure that things go your way. …that was actually my first claim to fame before I started doing presentations and forming users groups and so forth, was that I was really good on the Internet. And the main thing I did was that I was very formal and polite.

and so on and so forth. Those jerks never quit.

Microsoft, in the mean time, is also using antitrust against Google. Here is a response to this dirty trick:

Microsoft and Nokia protest “price predation” and play at being prey.

[...]

Practically, however, predatory pricing turns out to be controversial and difficult to establish. This is particularly true for predatory pricing claims against free software. An alleged predator is highly unlikely to recoup “losses” caused by free distribution, since free software’s four freedoms allow competitors liberal entry into the market. Moreover, free software licenses (including GPLv2 and Apache v2) arm these competitors with the power to redistribute royalty-free, making any alleged effort at monopoly pricing unsustainable.

[...]

Of course, Microsoft’s complaint is a bit hypocritical, since the Department of Justice and 20 states accused them of predatory pricing when they distributed Internet Explorer without charge. Recall their response at the time: That a market participant – Netscape – had already set the price for browser technology at zero. Does that sound familiar?

And by their accusations, Nokia displays ignorance about its own history with free and open source software. Speaking about Google at a recent legal conference, Nokia’s head of competition law wondered aloud: “If you make a multi-billion-dollar investment as Google has done in the Android operating system, why would you just give it away?” Presumably Google sought the same benefits as Nokia when Nokia open-sourced its own mobile operating system – Symbian.

The outcome of FairSearch’s request for a Commission investigation is not yet known. What is known is that the benefits of free software – high quality, high value, customizable, low lock-in technologies cooperatively developed, tested, distributed, and improved by an efficient global-scale community marshaled using the latest collaborative Internet tools – ring true with consumers. And these benefits, along with the disruptive business model that brings them to fruition, should identify free software distributors not as price predators, but as embodiments of “maverick firms,” a species of competitor that authorities in both the US and the EU seek to protect, not punish.

Hopefully the Commission will view free software the way consumers do and reject FairSearch’s complaint.

FairSearch is just a Microsoft proxy, one of many. We have already analysed the roots of “FairSearch” and “Consumer Watchdog” (deceiving names) before.

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. Links 23/4/2018: Second RC of Linux 4.17 and First RC of Mesa 18.1

    Links for the day



  2. The Good Work of the Patent Trial and Appeal Board (PTAB) and the Latest Attempts to Undermine It

    A week's roundup of news about PTAB, which is eliminating many bad (wrongly-granted) patents and is therefore becoming "enemy number one" to those who got accustomed to blackmailing real (productive) firms with their questionable patents



  3. District Courts' Patent Cases, Including the Eastern District of Texas (EDTX/TXED), in a Nutshell

    A roundup of patent cases in 'low courts' of the United States, where patents are being reasoned about or objected to while patent law firms make a lot of money



  4. The Federal Circuit's (CAFC) Decisions Are Being Twisted by Patent Propaganda Sites Which Merely Cherry-Pick Cases With Outcomes That Suit Them

    The Court of Appeals for the Federal Circuit (CAFC) continues to reject the vast majority of software patents, citing Section 101 in many such cases, but the likes of Managing IP, Patently-O, IAM and Watchtroll only selectively cover such cases (instead they’re ‘pulling a Berkheimer’ or some similar name-dropping)



  5. Patents Roundup: Metaswitch, GENBAND, Susman, Cisco, Konami, High 5 Games, HTC, and Nintendo

    A look at existing legal actions, the application of 35 U.S.C. § 101, and questionable patents that are being pursued on software (algorithms or "software infrastructure")



  6. In Maxon v Funai the High 'Patent Court' (CAFC) Reaffirms Disdain for Software Patents, Which Are Nowadays Harder to Get and Then Defend

    With the wealth of decisions from the Court of Appeals for the Federal Circuit (CAFC) wherein software patents get discarded (Funai being the latest example), the public needs to ask itself whether patent law firms are honest when they make claims about resurgence of software patents by 'pulling a Berkheimer' or coming up with terms like “Berkheimer Effect”



  7. Today's European Patent Office Works for Patent Extremists and for Team UPC Rather Than for Europe or for Innovation

    The International Association for the Protection of Intellectual Property (AIPPI) and other patent maximalists who have nothing to do with Europe, helped by a malicious and rather clueless politician called Benoît Battistelli, are turning the EPO into a patent-printing machine rather than an examination office as envisioned by the EPC (founders) and member states



  8. The EPO is Dying and Those Who Have Killed It Are Becoming Very Rich in the Process

    Following the footsteps of Ron Hovsepian at Novell, Battistelli at the EPO (along with Team Battistelli) may mean the end of the EPO as we know it (or the end altogether); one manager and a cabal of confidants make themselves obscenely rich by basically sacrificing the very organisation they were entrusted to serve



  9. Short: Just Keep Repeating the Lie (“Quality”) Until People Might Believe It

    Battistelli’s patent-printing bureau (EPO without quality control) keeps lying about the quality of patents by repeating the word “quality” a lot of times, including no less than twice in the summary alone



  10. Shelston IP Keeps Pressuring IP Australia to Allow Software Patents and Harm Software Development

    Shelston IP wants exactly the opposite of what's good for Australia; it just wants what's good for itself, yet it habitually pretends to speak for a productive industry (nothing could be further from the truth)



  11. Is Andy Ramer's Departure the End of Cantor Fitzgerald's Patent Trolls-Feeding Operations and Ambitions?

    The managing director of the 'IP' group at Cantor Fitzgerald is leaving, but it does not yet mean that patent trolls will be starved/deprived access to patents



  12. EPO Hoards Billions of Euros (Taken From the Public), Decreases Quality to Get More Money, Reduces Payments to Staff

    The EPO continues to collect money from everyone, distributes bogus/dubious patents that usher patent trolls into Europe (to cost European businesses billions in the long run), and staff of the EPO faces more cuts while EPO management swims in cash and perks



  13. Short: Calling Battistelli's Town (Where He Works) “Force for Innovation” to Justify the Funneling of EPO Funds to It

    How the EPO‘s management ‘explained’ (or sought to rationalise) to staff its opaque decision to send a multi-million, one-day ceremony to Battistelli’s own theatre only weeks before he leaves



  14. Short: EPO Bribes the Media and Then Brags About the Paid-for Outcome to Staff

    The EPO‘s systematic corruption of the media at the expense of EPO stakeholders — not to mention hiring of lawyers to bully media which exposes EPO corruption — in the EPO’s own words (amended by us)



  15. Short: EPO's “Working Party for Quality” is to Quality What the “Democratic People's Republic of Korea” is to Democracy

    To maintain the perception (illusion) that the EPO still cares about patent quality — and in order to disseminate this lie to EPO staff — a puff piece with the above heading/photograph was distributed to thousands of examiners in glossy paper form



  16. Short: This Spring's Message From the EPO's President (Corrected)

    A corrected preface from the Liar in Chief, the EPO's notoriously crooked and dishonest President



  17. Short: Highly Misleading and Unscientific Graphics From the EPO for an Illusion of Growth

    A look at the brainwash that EPO management is distributing to staff and what's wrong with it



  18. Short: EPO Explains to Examiners Why They Should and Apparently Can Grant Software Patents (in Spite of EPC)

    Whether it calls it "CII" or "ICT" or "Industry 4.0" or "4IR", the EPO's management continues to grant software patents and attempts to justify this to itself (and to staff)



  19. Links 21/4/2018: Linux 4.9.95, FFmpeg 4.0, OpenBSD Foundation 2018 Fundraising Campaign

    Links for the day



  20. As USPTO Director, Andrei Iancu Gives Three Months for Public Comments on 35 U.S.C. § 101 (Software Patenting Impacted)

    Weeks after starting his job as head of the US patent office, to our regret but not to our surprise, Iancu asks whether to limit examiners' ability to reject abstract patent applications citing 35 U.S.C. § 101 (relates to Alice and Mayo)



  21. In Keith Raniere v Microsoft Both Sides Are Evil But for Different Reasons

    Billing for patent lawyers reveals an abusive strategy from Microsoft, which responded to abusive patent litigation (something which Microsoft too has done for well over a decade)



  22. Links 20/4/2018: Atom 1.26, MySQL 8.0

    Links for the day



  23. Links 19/4/2018: Mesa 17.3.9 and 18.0.1, Trisquel 8.0 LTS Flidas, Elections for openSUSE Board

    Links for the day



  24. The Patent Microcosm, Patent Trolls and Their Pressure Groups Incite a USPTO Director Against the Patent Trial and Appeal Board (PTAB) and Section 101/Alice

    As one might expect, the patent extremists continue their witch-hunt and constant manipulation of USPTO officials, whom they hope to compel to become patent extremists themselves (otherwise those officials are defamed, typically until they're fired or decide to resign)



  25. Microsoft's Lobbying for FRAND Pays Off as Microsoft-Connected Patent Troll Conversant (Formerly MOSAID) Goes After Android OEMs in Europe

    The FRAND (or SEP) lobby seems to have caused a lot of monopolistic patent lawsuits; this mostly affects Linux-powered platforms such as Android, Tizen and webOS and there are new legal actions from Microsoft-connected patent trolls



  26. To Understand Why People Say That Lawyers are Liars Look No Further Than Misleading Promotion of Software Patents

    Some of the latest misleading claims from the patent microcosm, which is only interested in lots and lots of patents (its bread and butter is monopolies after all) irrespective of their merit, quality, and desirability



  27. When News About the EPO is Dominated by Sponsored 'Reports' and Press Releases Because Publishers Are Afraid of (or Bribed by) the EPO

    The lack of curiosity and genuine journalism in Europe may mean that serious abuses (if not corruption) will go unreported



  28. The Boards of Appeal at the European Patent Organisation (EPO) Complain That They Are Understaffed, Not Just Lacking the Independence They Depend on

    The Boards of Appeal have released a report and once again they openly complain that they're unable to do their job properly, i.e. patent quality cannot be assured



  29. Links 18/4/2018: New Fedora 27 ISOs, Nextcloud Wins German Government Contract

    Links for the day



  30. Guest Post: Responding to Your Recent Posting “The European Patent Office Will Never Hold Its Destroyers Accountable”

    In France, where Battistelli does not enjoy diplomatic immunity, he can be held accountable like his "padrone" recently was


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