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

06.21.14

China Attacks Microsoft’s Patent Plot Against GNU/Linux and Russia Seems to be Following China’s Foray Into GNU/Linux

Posted in Free/Libre Software, GNU/Linux, Microsoft, Patents at 11:54 am by Dr. Roy Schestowitz

Summary: Amid tightening relationships and collaborations between China and Russia, two common targets of espionage attacks by the West, more moves are seen which rid themselves of Microsoft

WE HAVE been patiently watching and accumulating reports about China’s hostile treatment of Microsoft, including — quite notably — the ban on Windows, which is a serious security risk that should be avoided not only for security reasons (back doors and much more). China is boldly moving to domestically-developed operating systems, based on GNU and Linux (so that China can properly study the source code). Over the past few days there were many articles about China’s attempt to de-fang Microsoft’s blackmail monster, essentially by making a ‘namedrop’ of all the patents involved. This will prove exceptionally helpful to the FOSS community, for reasons we shall explain later.

In our daily links (posted just an hour ago) we included an important link from Phoronix. It indicates that Russia is now dodging x86, probably ensuring that no system will be able to run Microsoft Windows or even proprietary programs for Microsoft Windows. This is potentially huge and perhaps there will be a lot of media coverage on Monday.

Both China and Russia have solid, defensible reasons for abandoning Microsoft Windows. This operating system has been used for political and economic espionage that requires illegal (hence secret, even at the court level) surveillance. Microsoft is the NSA’s software-centric best friend (in telecommunications the NSA has many more good friends) and in another post (tomorrow) we shall say more about it.

So, what exactly has China just done?

Years ago we wrote about what Microsoft had done in China. It’s a sort of political corruption, boosted in part by Bill Gates’ lobbying.

Well, China seems to have had enough of that nonsense and it won’t tolerate Microsoft’s blackmail, either. As The Mukt put it, the “Chinese government exposes Microsoft’s secret patents used against Android” as “Microsoft is one such company which has been trying to abuse the flawed US patent system to extort money from those companies with use GNU/Linux based systems including Android and Chrome OS.”

Here is a report from an Android-hostile site which uses the term “Android patents” (similar to FOSSPatents, which is an absurd FUD term) rather than “patents used against Android” (as put in other sites).

We wish to remind readers that Huawei, now known as a target of the NSA (the NSA attacked Huawei’s network and infiltrated it), was reportedly (since 2012 or thereabouts) pursued by Microsoft for an Android patent extortion deal — one that Microsoft never got. Given the close relationship between Huawei and the Chinese government (in the West too the government is closely tied with telecommunications companies) one has to wonder if Huawei was the source of this new disclosure. Unlike ZTE, Huawei never surrendered to Microsoft’s extortion and blackmail (most likely violations of the RICO Act in the United States). With evidence out there, might there finally be federal action against Microsoft? It might help China’s Huawei and the other giant, ZTE, so it’s easy to see China’s interests here. But it’s not just about China. Many companies in east Asia, west Europe, and even the United States are also victims of Microsoft’s bullying. Many articles correctly pointed out the similarity here to the Barnes and Noble saga, where Microsoft ended up bribing Barnes and Noble to drop the case and almost drop Android/Linux, as well [1, 2, 3, 4].

Days ago we wrote about Microsoft squeezing their own users for money (especially businesses) and now Microsoft is trying to squeeze also those who leave Microsoft (to GNU/Linux). In reference to Microsoft-friendly circles covering the latest incident, one person quoted this bit: “Microsoft General Counsel Brad Smith and licensing chief Horacio Gutierrez sat down with Fortune recently to map out their strategy for getting FOSS users to pay royalties” (because FOSS too is property of Microsoft, apparently).

Now that China fights/ousts world’s largest patent troll (which also spawned Intellectual Ventures) Dr. Glyn Moody writes this insightful piece:

Well, they prove that the Microsoft method of bullying and insinuation works. But despite that, they didn’t prove that Android infringed on Microsoft’s patents because – as usual – the latter refused to reveal what exactly they were. That’s because their power really lay in their vagueness. While companies were unsure which patents Microsoft was talking about, it was more or less impossible for them to check whether they were affected. That meant they would probably be open to an easy deal with Microsoft – better to pay up than have a patent sword of Damocles hanging over you.

And that, until recently, was pretty much the state of play. Many Android manufacturers decided that discretion was the better part of valour, and signed licensing agreements with Microsoft – all secret, and therefore all maintaining the vagueness and the power to threaten. But something dramatic has just happened: in order for Microsoft to gain approval from the Chinese Ministry of Communications (MOFCOM) for the company’s purchase of Nokia, Microsoft was obliged to provide lists of the patents it claims are infringed upon by Android. That’s presumably because so many smartphones made in China use Android or a variant of it, that the authorities there were concerned Microsoft might be able to threaten its local companies.

Here is some more coverage that says:

A Chinese government website has published lists of the patents that Microsoft claims are necessary to the functioning of Android smartphones, the first time such lists have been made public.

The patents were analysed by the Chinese Ministry of Commerce (MOFCOM) as part of its review of Microsoft’s acquisition of Nokia’s handset business, which China approved in April.

Pogson correctly points out: “Thanks to inquiries in China, a list is now public. This will permit M$’s competitors to organize a cooperative response rather than suffering under “divide and conquer” conditions.”

China is moving away from Windows rather than pay Microsoft to be spied on by espionage champions like the NSA. Will Hill says: “I’m not sure if Ars is recycling really old fud against gnu/linux or if people in China are going to cut all the FAT out of Android to avoid Microsoft bullshit.”

What Barnes and Noble tried to do before selling out might actually resume with China’s strong lead. This may include resistance to Nokia (e.g. opposition to takeover), which Microsoft plans to use as a patent proxy and a source of patent-stacking (through trolls like MOSAID).

Special credit must go to Joe Mullin. The earliest report we found about this latest development came from him and stated: “For more than three years now, Microsoft has held to the line that it has loads of patents that are infringed by Google’s Android operating system. “Licensing is the solution,” wrote the company’s head IP honcho in 2011, explaining Microsoft’s decision to sue Barnes & Noble’s Android-powered Nook reader.

“Microsoft has revealed a few of those patents since as it has unleashed litigation against Android device makers. But for the most part, they’ve remained secret. That’s led to a kind of parlor game where industry observers have speculated about what patents Microsoft might be holding over Android.

“That long guessing game is now over. A list of hundreds of patents that Microsoft believes entitle it to royalties over Android phones, and perhaps smartphones in general, has been published on a Chinese language website.

“The patents Microsoft plans to wield against Android describe a range of technologies. They include lots of technologies developed at Microsoft, as well as patents that Microsoft acquired by participating in the Rockstar Consortium, which spent $4.5 billion on patents that were auctioned off after the Nortel bankruptcy.

“The list of patents was apparently produced as part of a Chinese government antitrust review relating to Microsoft’s purchase of Nokia. Microsoft described the results of that review in an April 8 blog post, writing that the Chinese Ministry of Commerce (MOFCOM) “concluded after its investigation that Microsoft holds approximately 200 patent families that are necessary to build an Android smartphone.”

FOSS guru Steven J. Vaughan-Nichols correctly points out that “[n]ow that the Chinese government has revealed the patents within Microsoft’s Android patent portfolio, Microsoft may soon be facing challenges from vendors over its Android patent licensing agreements.”

China may have derailed Microsoft’s extortion by removing the NDA barrier (the same trick Microsoft used when dividing OEMs to conquer the industry). Android will definitely benefit from it and so will derivatives of Android, including China’s. Vaughan-Nichols has an explanation worth reading.

We should probably stress that not all derivatives of Android are safe to use. Nokia turns Android into a Microsoft surveillance platform and the CIA’s top partner, Amazon, has reportedly taken surveillance in Fire (Android-based but altered) to new and rather scary levels [1,2]. We don’t know yet if China will do the same, but reports from years ago said that China had put back doors in its own official distribution of GNU/Linux. This was quite likely correct.

Related/contextual items from the news:

  1. Amazon’s Fire Phone might be the biggest privacy invasion ever

    Amazon is a fascinating company, and the Amazon Fire Phone is a fascinating machine for connecting you with stuff to buy. It’s probably also the biggest single invasion of your privacy for commercial purposes ever.

    And no one seems to have noticed.

  2. Is the Amazon Fire Phone the NSA’s wet dream?
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

2 Comments

  1. linuxcanuck said,

    June 22, 2014 at 5:24 am

    Gravatar

    This is a huge story that deserves wider coverage. I am sure Microsoft would like to see it buried. Fan the flames! Thanks.

    Dr. Roy Schestowitz Reply:

    I saw another (second) article about it today. It mentions ROSA (based on Mandriva).

    http://hothardware.com/News/Russia-Industry-And-Trade-Ministry-To-Replace-Untrusted-Intel-And-AMD-Processors-With-Their-Own-ARM-Designs/#!162iU

    “Russia’s Baikal processor will be built around an ARM Cortex A57, which ties into Vladimir Putin’s goal, established in 2010, to move all government computers over to Linux – another move that’s easy to understand given the OS’ open-source and modular nature.”

    Wait for more coverage (I hope) on Monday…

What Else is New


  1. The Death of Software Patents and Microsoft's Coup Against Yahoo! Made the Company Worthless

    A look at what happens to companies whose value is a house of software patents rather than code and a broad base of users/customers



  2. Munich Attack Mentioned by EPO But Not Ansbach

    The EPO does the usual right-wing thing (exploiting disaster/emergency for domestic crackdowns), but some bemoan the omission of the explosion at Ansbach (also in Germany)



  3. Kluwer Thinks People Are Clueless About the Unitary Patent System and Pretends It's Business as Usual

    Flogging the dead UPC horse at times of great uncertainty (enough to bring the UPC to a standstill)



  4. Almost Everything That the Government Accountability Office Says is Applicable to the EPO

    The Government Accountability Office in the United States produces reports which can serve as a timely warning sign to the European Patent Office, where patent quality is rapidly declining in order to meet 'production' goals



  5. Microsoft Says It Loves Linux, But Its Anti-Linux Patent Trolls Are Still Around and Active

    Highlighting just two of the many entities that Microsoft (and partners) use in order to induce additional costs on Free (as in freedom) software



  6. Links 26/7/2016: Microsoft Growing Desperate, Linux 4.8 Visions

    Links for the day



  7. Links 25/7/2016: Linux 4.7 Final, PostgreSQL 9.6 Beta 3

    Links for the day



  8. Leaked: Boards of Appeal Face 'Exile' or 'Extradition' in Haar After Standing up to Battistelli

    A look at some of the latest moves at the European Patent Office (EPO), following Battistelli's successful coup d’état which brought the EPO into a perpetual state of emergency that perpetuates Battistelli's totalitarian powers



  9. The US Government Accountability Office (GAO) Comes Across as Against Software Patents, Relates to the EPO as Well

    Some analysis of the input from the Government Accountability Office (GAO) with focus on the EPO and software patents



  10. In the US, Patent Trolls Engage in Patent Wars and Shakedowns, Whereas in China/Korea Large Android OEMs Sue One Another

    Highlighting some of the differences between the US patent system and other patent systems



  11. Links 24/7/2016: Elive 2.7.1 Beta, New Flatpaks and Snaps

    Links for the day



  12. Links 23/7/2016: Leo Laporte on GNU/Linux, Dolphin Emulator’s Vulkan Completion

    Links for the day



  13. Links 22/7/2016: Wine 1.9.15, KaOS 2016.07 ISO

    Links for the day



  14. Haar Mentioned as Likely Site of Appeal Boards as Their Eradication or Marginalisation Envisioned by UPC Proponent Benoît Battistelli

    Not only the Staff Union of the European Patent Office (SUEPO) is under severe attack and possibly in mortal danger; the increasingly understaffed Boards of Appeal too are coming under attack and may (according to rumours) be sent to Haar, a good distance away from Munich and the airport (half an hour drive), not to mention lack of facilities for visitors from overseas



  15. EPO Attaché Albert Keyack Viewed as Somewhat of a Mole, Reporting From the US Embassy in Brazil Until Shortly Before the Temer Coup

    Public responses to the role played by Albert Keyack on behalf of the United States inside the European [sic] Patent Office



  16. EPO Insiders Explain Why the EPO's Examination Quality Rapidly Declines and Will Get Even Worse Because of Willy Minnoye

    Public comments from anonymous insiders serve to highlight a growing crisis inside the European Patent Office (EPO), where experienced/senior examiners are walking away and leaving an irreplaceable bunch of seats (due to high experience demands)



  17. Patents Roundup: BlackBerry, Huawei, PTAB, GAO, Aggressive Universities With Patents, and Software Patents in Europe

    Various bits and pieces of news regarding patents and their fast-changing nature in the United States nowadays



  18. Glimpse at Patent Systems Across the World: Better Quality Control at the USPTO Post-America Invents Act (2011), Unlike the EPO Post-Battistelli (2010)

    While the EPO reportedly strives to eliminate pendency and appeal windows altogether (rubberstamping being optimal performance as per the yardstick du jour), the USPTO introduces changes that would strengthen the system and shield innovation, not protect the business model of serial litigants



  19. Blockstream Has No Patents, But Pledges Not to Sue Using Patents

    Blockstream says that it comes in peace when it comes to software patents, which triggers speculations about coming Blockchain patent wars



  20. Links 21/7/2016: Ubuntu 16.04.1 LTS, Linux Mint 18 “Sarah” Xfce Beta

    Links for the day



  21. Links 21/7/2016: An Honorary Degree for Alan Cox, Looks Back at DebConf16

    Links for the day



  22. EPO USA: Under Battistelli, the 'European' Patent Office Emulates All the Mistakes of the USPTO

    Conservative Benoît Battistelli is trying to impose on the European Patent Office various truly misguided policies and he viciously attacks anyone or anything that stands in his way, including his formal overseers



  23. Links 19/7/2016: ARM and Opera Buyout

    Links for the day



  24. Large Corporations' Software Patenting Pursuits Carry on in Spite of Patent Trolls That Threaten Small Companies the Most

    With unconvincing excuses such as OIN, large corporations including IBM continue to promote software patents in the United States, even when public officials and USPTO officials work towards ending those



  25. Battistelli Has Implemented De Facto EPO Coup to Remove Oversight, Give Himself Total Power, and Allegedly Give UPC Gifts (Loot) to French Officials

    Benoît Battistelli's agenda at the EPO is anything but beneficial to the EPO and suspicions that Battistelli's overall agenda is transitioning to the UPC to further his goals grow feet



  26. EPO Social [sic] Report is a Big Pile of Lies That Responsible Journalists Must Ignore

    A reminder of where the EPO stands on social issues and why the latest so-called 'social' report is nothing but paid-for propaganda for Battistelli's political ambitions



  27. Links 18/7/2016: Vista 10 a Failure, FreeType 2.7

    Links for the day



  28. Exploiting Perceived Emergencies/Disasters, Suspending the Rule of Law, and Suspending Judges: How Erdoğan is Like Battistelli, Except the Coup

    Pretexts for crackdown on law-abiding people or figureheads who are remote and independent the hallmark not only of Erdoğan but also the EPO's President, Benoit Battistelli



  29. The Impotence of Gene Quinn

    Attacking the enforcer of Alice v CLS because it's doing harm to his source of income, which makes him angry



  30. After the FTI Consulting-EPO Reputation Laundering Deal's Expansion in Germany Süddeutsche Zeitung 'Forgets' That the EPO Even Exists

    Relative apathy if not complete silence regarding the EPO at Süddeutsche Zeitung following reports of FTI Consulting's deal expansion (media positioning in Germany), with hundreds of thousands of Euros (EPO budget) thrown at the controversial task


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