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 2/6/2015: Black Lab Linux Releases, Krita Fundraiser

    Links for the day



  2. IRC Proceedings: May 17th - May 30th, 2015

    Many IRC logs



  3. Sharp Drop in Microsoft Patents, But Not in Patent Assaults, Coordinated Attacks on Android/Linux, and Googlebombing

    Using patent blackmail (antithetical to the original goal of patents) and other forms of blackmail, Microsoft is desperately trying to crush GNU/Linux and Android, all while Windows 'sales' fall and investors lose confidence



  4. EPO Reluctantly (and Privately) Confirms Giving Public Money for Military-connected 'Control Risks' to Spy on Journalists and Their Sources While Techrights is Under Fresh DDOS Attacks

    The EPO President -- or anyone who is referred to as 'appointing authority' -- finds himself even deeper in a scandal as he silently attacks the very same people whom he pretends to negotiate with by contracting spies from London (to maliciously target British journalists)



  5. Links 1/6/2015: wattOS R9, Tanglu 3

    Links for the day



  6. Supreme Failure: With SCOTUS Approval of Patent Trolls and a Push by Justice Department to Reinforce Copyright on APIs (at SCOTUS Level) the Future Looks Gloomy

    The patent system goes wild in terms of scope, the nature of the plaintiff (merely purchasing patents), and the extension of patents to monopolies on named APIs (by virtue of deranged interpretation of copyright law)



  7. McAfee Associates Free Software and Anonymity With Crime

    Insecurity firm McAfee, whose record on Free software is appalling (it is Windows-centric for its business), continues years of tradition by slinging mud at Tor



  8. The EPO Still Wastes Public Money on Publicity Stunts and 'Reputation Management' Campaigns

    The European Patent Office (EPO) is misusing public funds to manufacture self-congratulatory publicity for itself whilst attacking those who write negative commentary



  9. The Lessons of Stuxnet: Never Use Microsoft Windows

    Windows is sufficiently 'NSA-compatible' for remote compromise and physical damage (sabotage) to highly sensitive, high-risk equipment



  10. Links 30/5/2015: Wine 1.7.44, Berry Linux 1.20

    Links for the day



  11. White House Intervention Harms Android and Every Software Developer on the Planet

    US Solicitor General Donald Verrilli urges the Supreme Court (SCOTUS) to let APIs be covered by copyrights, rendering almost every program a potential copyright violation



  12. Microsoft Lobbying in India Shoots Down or At Least Weakens Free/Libre Software Policy

    Microsoft's covert efforts (lobbying with the help of public partners like NASSCOM) to eliminate an India-leaning software policy in India is finally paying off



  13. Propaganda Mode for UPC Agreement Whilst EPO Increasingly Grants Patents on Software

    In order to make the Unitary Patent a reality (towards a 'no place to hide' patent approach) misleading claims are being made



  14. Patents Are Not Source Code

    Ford is once again misleading regarding Open Source, mischievously associating a patent pledge with Open Source



  15. Links 29/5/2015: ALT Linux 7.0.5, Google I/O 2015

    Links for the day



  16. Links 28/5/2015: SourceForge Hijack, RIP Marco Pesenti Gritti

    Links for the day



  17. Censorship on Reddit Has Gotten (Condé) Nasty and Silent, Even Actively Silenced

    Condé Nast has turned Reddit into a platform of censorship after the acquisition



  18. The Supreme Court of the United States Helps Patent Trolls

    In an unforeseen kind of ruling, the same court which slapped down a lot of software patents last year is now legitimising the actions of a patent troll



  19. Patent Lawyers Fight Hard for the Future of Software Patents

    Media that is dominated by patent lawyers and targets an audience of patent lawyers refuses to accept the post-Alice reality



  20. Fortune Glorifies Patent Troll Jay Walker (Patent Utility)

    Jay Walker, a patent troll, creates a Web-based trolling/'licensing' service and the corporate media helps him



  21. Stealing Android's Thunder, Making It All About Apple and Microsoft During Google I/O

    Misleading articles and conjoined media/analyst attacks on Android coincide with Google's event where major Android announcements are being made



  22. British Government May be a Step Closer to GNU/Linux (on the Desktops, Not Just Servers)

    The British government stops paying the criminal company that blackmails its members, thereby increasing the possibility of complete escape from proprietary software



  23. Microsoft's Patent Allies LG and Sony Agree to Put Microsoft Inside Android

    LG and Sony (of Rockstar Consortium) follow Samsung and Dell in Microsoft's campaign to turn Android into 'Microsoft Android' using patents-induced pressure/leverage



  24. Yet Another Major Security Deficiency in UEFI

    UEFI is inherently insecure, more so than the alternatives which it strives to replace, including Free/libre ones



  25. Links 27/5/2015: Fedora 22 is Out, Mandriva Liquidated

    Links for the day



  26. Patent Scope at the EPO is Totally Out of Control, UPC Will Make Things Worse

    A look at the practical issues with the EPO, where patent scope and litigation scope have been vastly extended so as to benefit multinational corporations and possibly patent trolls



  27. Links 26/5/2015: Reviews of Kubuntu 15.04, Linux 4.1 RC5

    Links for the day



  28. Süddeutsche Zeitung Says Talking Helps While EPO Management Back-stabs Other Side of the Table

    German media gives the impression that there is peace and harmony now that Benoît Battistelli and his circle of power speaks to staff, but nothing is said about simultaneous (albeit covert) attacks against that staff



  29. Large Corporations Call the Shots in US Patent Reform

    A reminder of where we stand on the issue of patent 'reform' in the US and who is controlling or shaping it



  30. Microsoft Puts Proprietary Windows and Hyper-V Inside the Free Software-Centric OpenStack

    OpenStack, which celebrates rapid growth in this month's event in Canada, is facing a proprietarisation threat from Microsoft


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