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

03.21.15

Microsoft Hates Linux – Part II – Patent Lawsuits Against Android/Linux Still Going On, New Ones Filed

Posted in GNU/Linux, Google, Microsoft, Patents at 5:34 am by Dr. Roy Schestowitz

‘Loving’ Linux a little too much?

Compassion

Summary: Microsoft and Intellectual Ventures are suing Android companies using software patents while some Android vendors settle by becoming slaves of Microsoft

MICROSOFT hates GNU/Linux with a very great passion. Its actions speak volumes and it’s easy to see the motivation given that no operating system threatens Microsoft’s very existence like GNU/Linux does. Microsoft needs a ubiquitous Windows as the common carrier, so it responds to the threat of GNU/Linux not by making better products but by undermining GNU/Linux by means of bullying, extortion, bribes, spurious litigation etc. Therein lies the issue.

Weeks ago we wrote that Microsoft was reportedly using patent blackmail to pressure Samsung into becoming a Microsoft peon and later we updated our article to state that Mary Jo Foley had been distorting or making up ‘facts’ about Microsoft’s patent attacks on Android/Linux. Well, Mary Jo Foley (Microsoft’s mouth) now reveals that it’s true that Microsoft blackmailed Samsung into a “Microsoft Android” sort of programme (Android base which runs Microsoft apps and gives users’ data to Microsoft). Mary Jo Foley’s headline, however, is marketing nonsense (for Microsoft). Her headline should say “Samsung Galaxy S6 offers more proof Microsoft is a blackmail and extortion company”. There are other Microsoft-friendly sources (like Mary Jo Foley) confirming this. But wait, it gets worse!

As the Microsoft-paid lobbyist and patent propagandist shows in his latest Android-hostile posts, Microsoft is now suing yet another company for using Android. Microsoft even pursues a ban on Android devices:

Microsoft has asked a court in Seattle to ban Kyocera’s DuraForce, Hydro and Brigadier lines of cellular phones in the U.S., alleging that they infringed seven Microsoft patents.

The software giant has in its complaint in the U.S. District Court for the Western District of Washington charged that some Kyocera phone features that come from its use of the Android operating system infringe its patents.

Wow. Microsoft sure loves Linux, eh?

Those two companies made a patent deal several years ago (with impact on Android), so this is how Microsoft treats its ‘partners’.

One article stated that “Microsoft may be taking some steps to make nice with the Android world, but the company is still willing to pick fights when its royalty payments are at stake. The Windows maker has sued Kyocera in the US over claims that Android phones like the Brigadier and Hydro series violate seven patents on features like location tracking and messaging.”

Only Microsoft boosters would foolishly state that Microsoft is being “nice” towards Android. Trying to abduct and derail it is bad; there’s nothing nice about it. In the Microsoft lawsuit against Kyocera notice that these are software patents, not hardware patents. Hence, Microsoft is still a corrupt bullies’ den, where Horacio and fellow patent aggressors get promoted while others get demoted or ousted. This is where Microsoft is heading strategically! Will settle if Kyocera notice convert to “Microsoft Android” as Samsung did? Well, one sure thing is that Microsoft is still an extortion company. It sues Linux users through vendors, passing liabilities to users. Will it settle if the users are forcibly converted to “Microsoft Android”? How is that not extortion?

The Kyocera news (lawsuit and effort to ban) ought to wake up all the fools (but not corruptible 'journalists') who say that Microsoft loves Linux.

An additional report by Joe Mullin, who tends to focus on patent trolls (for more than half a decade now), says that “Microsoft claims Kyocera infringes its patents with three of Kyocera’s lower-cost Android phones. The accused models include the Duraforce, Hydro, and Brigadier.”

Microsoft is still operating more or less like a patent troll. Watch how it behaves. Watch the strategy. No difference, except the size/scale of the troll.

Turning back again to the Microsoft booster from The Register (Microsoft Gavin, formerly a colleague of Mary Jo Foley), we sure see that Microsoft continues blackmail and extortion against GNU/Linux using software patents. This is based on a conversation with the OIN’s CEO, dated March third (shortly before the Kyocera news). The article titled “Microsoft to Android OEMs: ‘Show me the money’” says:

Microsoft has reserved the right to nail firms making Android devices running its Office suit for possible Windows patent infringements.

The giant has decided against signing a licence with Open Invention Network (OIN), a group of 1,300 companies dedicated to defending Linux against patent suits.

Signing an OIN licence could have stopped the practice of Microsoft accusing Android and other Linux makers of infringing on its Windows patents and signing them up to IP licensing deals.

The decision followed a meeting with OIN in December, where the subject of Microsoft signing an OIN licence was apparently discussed.

OIN veteran chief executive Keith Bergelt met Microsoft’s then-new chief of patent licensing and intellectual property, Eric Andersen.

Bergelt told The Reg Monday his meeting had been a courtesy call to discuss differences and that he’d also held such a meeting with Andersen’s predecessor, Horacio Gutierrez.

Proceedings were “constructive”, Bergelt said, but any hopes that Andersen’s appointment heralded a shift in the giant’s shakedown of Linux device makers and software firms were dashed shortly after, when the OIN chief followed up.

This ought to remind us how Microsoft views Linux and Android. There is no love there at all. Here is how Microsoft’s longtime mouthpiece Todd Bishop framed extortion against Linux. Very shallow. Other popular sites offered equally shallow commentary. It’s virtually useless. They just parrot two PR departments and call that “journalism”.

Perhaps Microsoft loves Linux too much. That’s why Microsoft is suing Linux so often. Perhaps. Make believe!

Making matters even worse, Microsoft can be seen as suing Android also by proxy. Joe Mullin reveals that the Bill Gates- and Microsoft-funded troll, the world’s biggest patent troll, is now attacking Android/Linux at the core (Motorola/Google) with software patents, yet again (it’s not the first time).

As Mullin put it: “Patent-holding giant Intellectual Ventures (IV) began enforcing some of its massive stash of patents with lawsuits in 2010. But its first case, against Motorola Mobility, ended in a mistrial last year when a jury couldn’t agree on the outcome.”

Patent Troll Tracker mentioned this troll a week and a half ago, asking: “Do you mean to tell me that the life sciences industry sees Intellectual Ventures and IPNav as patent trolls? Will wonders never cease.”

Intellectual Ventures is not just another patent troll, it is tool of Microsoft and Bill Gates. They are almost inseparable and they are all exceptionally abusive.

Perhaps we’re just wrong though. Perhaps Microsoft just can’t help ‘loving’ Linux — so much that this month alone it attacks it with software from multiple angles. Or perhaps Microsoft’s Mr. “loves Linux” Nadella is a PR fraud whose role is to play dumb while Bill, Steve, Horacio and their patent trolls attack Linux (he pretends to have nothing to do with it, that’s the likely arrangement).

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 22/4/2019: Linux 5.1 RC6, New Release of Netrunner and End of Scientific Linux

    Links for the day



  2. USPTO and EPO Both Slammed for Abandoning Patent Quality and Violating the Law/Caselaw in Order to Grant Illegitimate Patents on Life/Nature and Mathematics

    Mr. Iancu, the ‘American Battistelli’ (appointed owing to nepotism), mirrors the ‘Battistelli operandi’, which boils down to treating judges like they’re stooges and justices like an ignorable nuisance — all this in the name of litigation profits, which necessitate constant wars over illegitimate patents (it is expensive to prove their illegitimacy)



  3. IRC Proceedings: January 27th, 2019 – March 24th, 2019

    Many IRC logs



  4. IRC Proceedings: December 2nd, 2018 – January 26th, 2019

    Many IRC logs



  5. Links 21/4/2019: SuperTuxKart's 1.0 Release, Sam Hartman Is Debian’s Newest Project Leader (DPL)

    Links for the day



  6. The EPO's Use of Phrases Like “High-Quality Patent Services” Means They Know High-Quality European Patents Are 'Bygones'

    The EPO does a really poor job hiding the fact that its last remaining objective is to grant as many European Patents as possible (and as fast as possible), conveniently conflating quality with pace



  7. A Reader's Suggestion: Directions for Techrights

    Guest post by figosdev



  8. Links 20/4/2019: Weblate 3.6 and Pop!_OS 19.04

    Links for the day



  9. The Likes of Chartered Institute of Patent Attorneys (CIPA), Team Campinos and Team UPC Don't Represent Europe But Hurt Europe

    The abject disinterest in patent quality and patent validity (as judged by courts) threatens Europe but not to the detriment of those who are in the 'business' of suing and printing lots of worthless patents



  10. The Linux Foundation Needs to Change Course Before GNU/Linux (as a Free Operating System) is Dead

    The issues associated with the Linux Foundation are not entirely new; but Linux now incorporates so many restrictions and contains so many binary blobs that one begins to wonder what "Linux" even means



  11. Largest Patent Offices Try to Leave Courts in a State of Disarray to Enable the Granting of Fake Patents in the US and Europe

    Like a monarchy that effectively runs all branches of government the management of the EPO is trying to work around the judiciary; the same is increasingly happening (or at least attempted) in the United States



  12. Links 19/4/2019: PyPy 7.1.1, LabPlot 2.6, Kipi Plugins 5.9.1 Released

    Links for the day



  13. Links 18/4/2019: Ubuntu and Derivatives Have Releases, digiKam 6.1.0, OpenSSH 8.0 and LibreOffice 6.2.3

    Links for the day



  14. Freedom is Not a Business and Those Who Make 'Business' by Giving it Away Deserve Naming

    Free software is being parceled and sold to private monopolisers; those who facilitate the process enrich themselves and pose a growing threat to freedom in general — a subject we intend to tackle in the near future



  15. Concluding the Linux Foundation (LF) “Putting the CON in Conference!” (Part 3)

    Conferences constructed or put together based on payments rather than merit pose a risk to the freedom of free software; we conclude our series about events set up by the largest of culprits, which profits from this erosion of freedom



  16. “Mention the War” (of Microsoft Against GNU/Linux)

    The GNU/Linux desktop (or laptops) seems to be languishing or deteriorating, making way for proprietary takeover in the form of Vista 10 and Chrome OS and “web apps” (surveillance); nobody seems too bothered — certainly not the Linux Foundation — by the fact that GNU/Linux itself is being relegated or demoted to a mere “app” on these surveillance platforms (WSL, Croûton and so on)



  17. The European Patent Office Does Not Care About the Law, Today's Management Constantly Attempts to Bypass the Law

    Many EPs (European Patents) are actually "IPs" (invalid patents); the EPO doesn't seem to care and it is again paying for corrupt scholars to toe the party line



  18. The US Supreme Court (SCOTUS) Once Again Pours Cold Water on Patent Maximalists

    Any hopes of a rebound or turnaround have just been shattered because a bizarre attack on the appeal process (misusing tribal immunity) fell on deaf ears and software patents definitely don't interest the highest court, which already deemed them invalid half a decade ago



  19. Links 17/4/2019: Qt 5.12.3 Released, Ola Bini Arrested (Political Stunts)

    Links for the day



  20. Links 16/4/2019: CentOS Turns 15, Qt Creator 4.9.0 Released

    Links for the day



  21. GNU/Linux is Being Eaten Alive by Large Corporations With Their Agenda

    A sort of corporate takeover, or moneyed interests at the expense of our freedom, can be seen as a 'soft coup' whose eventual outcome would involve all or most servers in 'the cloud' (surveillance with patent tax as part of the rental fees) and almost no laptops/desktops which aren't remotely controlled (and limit what's run on them, using something like UEFI 'secure boot')



  22. Reader's Claim That Rules Similar to the Code of Conduct (CoC) Were 'Imposed' on LibrePlanet and the FSF

    Restrictions on speech are said to have been spread and reached some of the most liberal circles, according to a credible veteran who opposes illiberal censorship



  23. Corporate Media Will Never Cover the EPO's Violations of the Law With Respect to Patent Scope

    The greed-driven gold rush for patents has resulted in a large pool of European Patents that have no legitimacy and are nowadays associated with low legal certainty; the media isn't interested in covering such a monumental disaster that poses a threat to the whole of Europe



  24. A Linux Foundation Run by People Who Reject Linux is Like a Children's Charity Whose Management Dislikes Children

    We remain concerned about the lack of commitment that the Linux Foundation has for Linux; much of the Linux Foundation's Board, for example, comes from hostile companies



  25. Links 15/4/2019: Linux 5.1 RC5 and SolydXK Reviewed

    Links for the day



  26. Links 14/4/2019: Blender 2.80 Release Plan and Ducktype 1.0

    Links for the day



  27. 'Poor' (Multi-Millionaire) Novell CEO, Who Colluded With Steve Ballmer Against GNU/Linux, is Trying to Censor Techrights

    Novell’s last CEO, a former IBMer who just like IBM decided to leverage software patents against the competition (threatening loads of companies using "platoons of patent lawyers"), has decided that siccing lawyers at us would be a good idea



  28. Guest Post: The Linux Foundation (LF) is “Putting the CON in Conference!” (Part 2)

    Calls for papers (CfP) and who gets to assess what's presented or what's not presented is a lesser-explored aspect, especially in this age when large corporate sponsors get to indirectly run entire 'community' events



  29. Patent Maximalists Are Enabling Injustices and Frauds

    It's time to come to grips with the simple fact that extreme patent lenience causes society to suffer and is mostly beneficial to bad actors; for the patent profession to maintain a level of credibility and legitimacy it must reject the deplorable, condemnable zealots



  30. Further Decreasing Focus on Software Patents in the United States as They Barely Exist in Valid Form Anymore

    No headway made after almost 4 months of Iancu-led stunts; software patents remain largely dead and buried, so we’re moving on to other topics


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