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. Links 31/1/2015: Open Lunchbox, Librem 15 at Around $400,000

    Links for the day



  2. Links 30/1/2015: CERN Adopts 64-bit GNU/Linux, Inkscape 0.91 Released

    Links for the day



  3. Apple- and Microsoft-Friendly Media Continues Attacking Android/Linux

    Some of the latest examples where corporate media (funded and run by large corporation) distorts facts, selectively covers facts, and generally serves to protect the Apple-Microsoft duopolist world view



  4. Qualys Admits That Its Scare Campaign (So-called 'GHOST') Somewhat Baseless

    Even the company that bombarded the media with its "GHOST" nonsense admits that this bug, which was fixed two years ago, does not pose much of a threat



  5. European Unitary Patent and Court System in Trouble

    New resistance to the Unitary Patent amid allegations of misconduct in the European patent authorities



  6. Text of Ruling/Decision Against Željko Topić (Regarding Audi as a Bribe)

    The legal loss of Željko Topić laid bear for the public to see even outside Croatia



  7. Media Coverage of Demonstration Against Jesper Kongstad of the Administrative Council (EPO)

    Last week's EPO demonstration has been covered by Danish media, raising awareness of the "banana republic" state of the EPO



  8. Links 29/1/2015: Android Shipments in 2014 Exceed 1,000,000,000, LibreOffice 4.4 is Out

    Links for the day



  9. Corporate Media, Led Astray by Patent Lawyers, Continues to Distort the Reality of Software Patents Post-Alice

    The press of the rich and the powerful continues its attempt to preserve software patents, despite the US Supreme Court's decision to abolish a lot of them on the basis of abstraction



  10. An Estimated 1,000 EPO Employees-Strong Legion Engulfs Danish Consulate to Protest Jesper Kongstad's (of Administrative Council) Protection of Benoît Battistelli

    A large protest waged by staff of the EPO targets one of the key facilitators of Battistelli's terrifying tyranny



  11. Links 28/1/2015: Ubuntu Touch Windowed Mode, NVIDIA Linux Legacy Drivers Updated

    Links for the day



  12. Breaking: EPO Vice-President Željko Topić Loses Defamation Case in Croatia

    The EPO's notorious Vice-President, whose appointment at the EPO is still raising some alarming questions, has just lost his case in Croatia (one of many cases), motivating us to accelerate coverage about the persona known as Željko Topić



  13. Qualys Starts Self-Promotional FUD Campaign, Naming a Bug That Was Already Fixed 2 Years Ago and Distros Have Covered With Patches

    Responding to the media blitz which paints GNU/Linux as insecure despite the fact that bugs were evidently found and fixed



  14. The Openwashing of Microsoft is Now Threatening to Eliminate the Identity of Free Software

    More openwashing of Microsoft, including in the corporate media, shows just to what great an extent and how quickly the old "Microsoft Open Source" Big Lie grows feet



  15. Links 27/1/2015: Plasma 5.2, Dell Precision With GNU/Linux

    Links for the day



  16. Microsoft's Media Attack on Free Software and GNU/Linux

    Brainwash war is still being waged by Microsoft and its friends to convince people that Windows is universally dominant and that Microsoft is now part of the Free software world



  17. Microsoft Accounting Practices After Fire Again, After Previous Abuses and Book-Cooking

    After the infamous IRS brawl comes another confrontation between Microsoft and the SEC, which is unhappy with Microsoft for seemingly cooking the books again



  18. Links 26/1/2015: Debian 8.0 “Jessie” RC1, Linux Kernel 3.19 RC6

    Links for the day



  19. Links 25/1/2015: Android Wear 5.0, Tizen in Bangladesh

    Links for the day



  20. IRC Proceedings: January 11th, 2015 – January 24th, 2015

    Many IRC logs



  21. Links 24/1/2015: Zenwalk Linux Reviewed, Netrunner 14.1 Released

    Links for the day



  22. The Latest 'Microsoft is Open Source' Propaganda a Parade of Lies

    Microsoft myth makers continue their assault on what is objectively true and try to tell the public that Microsoft is a friend of "Open Source"



  23. Apple -- Like Microsoft -- Not Interested in the Security of Its Operating Systems

    Apple neglected to patch known security flaws in Mac OS X for no less than three months and only did something about that vector of intrusion when the public found out about it



  24. As Battistelli Breaks the Rules and Topić Silences Staff, New European Parliament Petition for Tackling the EPO's Abuses is Needed

    The neglected (by EPO) Article 4a of the European Patent Convention (EPC) and the European Parliament petition/complaint against the EPO's crooked management



  25. Links 23/1/2015: Red Hat on IBM Power, Meizu Leaks With Ubuntu

    Links for the day



  26. Links 23/1/2015: Plasma 5.2, Manjaro 0.9-pre1

    Links for the day



  27. Microsoft is Dying Due to Free Software, Tries to Infect GNU/Linux With .NET and to Infect Moodle in Schools With Microsoft Office and OOXML Lock-in

    'Free' drugs (a proprietary software analogy) the new strategy of Microsoft in its latest battle against Free software, especially in schools where choice is a rarity (if not an impossibility), with the premeditated intention of forming dependency/addiction among young people



  28. Microsoft Symptoms of a Dying Company: More Boosters Depart, Back Doors Revealed, Microsoft's Outlook Cracked

    Bad news for Microsoft shortly before the marketing extravaganza served to cover much of it up



  29. The Collapse of European Patent Office Management Culminates With Resignations

    No blood is spilled, but even the management of the EPO is falling apart as the Director of Internal Communication is said to have just resigned



  30. New LCA Talk: Open Invention Network's Deb Nicholson on Software Patents and Patent Trolls

    Deb Nicholson's LCA talk is now publicly accessible


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