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. Great News: While IBM et al Try to Undermine Patent Reform the Supreme Court Deepens the Reform in TC Heartland Case

    In a unanimous decision, with the court ruling 8-0 against TC Heartland, the monkey business in East Texas (beneficial to patent trolls and large businesses that leverage software patents) may have just come to an end



  2. Speculations About Battistelli's End of Term, Campinos at EUIPO, and Failed UPC Ambitions

    Rumours and speculations surrounding the fate of the EPO's leadership now that the UPC gravy train is stuck again and Battistelli's protector, Jesper Kongstad, is about to leave



  3. Martijn van Dam is Wrong to Believe That Battistelli's Abuses Are Somehow Acceptable or Tolerable Because His Term is Possibly Ending

    Coverage of Martijn van Dam’s stance (he is the Dutch State Secretary for Economic Affairs) reveals that economic gain trumps ethics and justice, irrespective of what the law says



  4. Media and Staff Association Elections at EPO and WIPO Are Compromised

    A campaign of abuse (legal bullying) and gifting to the media, combined with a wide-ranging assault on critics who represent the interests of staff, have led WIPO and EPO down the route to totality



  5. New Documents Help Demonstrate That ILO Delivers Institutional Injustice to EPO Employees and Cushions Team Battistelli

    The International Labour Organisation Administrative Tribunal (ILOAT) delivers not justice but merely the illusion of justice, probably in defiance of Article 6 of the European Convention on Human Rights (ECHR)



  6. Leaked: 2017 European Inventor Award Finalists, or Stooges Whom the Tyrant Battistelli Exploits for PR Purposes and Media Manipulation

    The stupidest ceremony in Europe (turning serious science into something sketchy such as Eurovision) is disliked among EPO staff and is exploited by the person who destroys the EPO (Benoît Battistelli) to pretend all is fine and dandy, at huge expense to the Office (as extraordinary as about 5 million Euros for a ~2-hour show)



  7. EPO: Can the Staff Union of the European Patent Office (SUEPO) Still Save It?

    Genuine concerns about the slow process at the European Court of Human Rights (ECHR) and the lack of progress at ILO, which coincide with weakening of the unions and threat to jobs of patent examiners (leaving ordinary Europeans more vulnerable to meritless patent lawsuits)



  8. Links 21/5/2017: Linux 3.18.53, Tizen 4.0

    Links for the day



  9. Cloudflare's Enemy is Software Patents, Not Just One Software Patent or One Patent Troll

    With a bounty of $50,000, which is likely less than the cost of legal defense, Cloudflare looks for help with its own case rather than the underlying issues that need tackling worldwide



  10. Patent Laws -- and Especially Eligibility of Software Patents -- Are Being Hijacked by Large Corporations and Their Front Groups

    Intervention by large multinational corporations and their lawyers, front groups, etc. (like the classic lobbying model) gives room for concern in multiple continents where most software development is done



  11. Links 18/5/2017: Catching Up With the Past Three Days

    Links for the day



  12. The US Supreme Court Consults USPTO Director Michelle Lee Regarding the Patent Trial and Appeal Board (PTAB) Which is Invalidating Software Patents With CAFC's Approval

    Software patents continue to get knocked out by the Leahy-Smith America Invents Act (AIA) whose introduction of PTAB gave a helping hand to companies that are susceptible to abusive litigation (with bogus patents)



  13. IBM and Its Revolving Doors Lobby Are Plotting to Undermine Supreme Court Rulings to Restore Patentability of Software

    IBM has become so evil that it is now trying to steal democracy, label programmers "thieves", and basically attack the rule of law by extra-judicially overturning a Supreme Court decision



  14. 3 Years After the Alice Case at the Supreme Court the Plague of Software Patents is Easier to Cope With

    Litigation figures are down, rejection rates of software patents remain high, and only spin (e.g. cherry-picking) or constant lobbying can save those who used to profit from software patents



  15. The Attacks of Patent Trolls as Outlined in the Media This Past Week

    An outline of some of the latest troll cases to be aware of and their consequences too (e.g. software patents being used to literally shut down entire programs)



  16. Links 14/5/2017: Linux 4.12 RC1 and KDE Frameworks 5.34.0

    Links for the day



  17. Industry Giants Challenge Qualcomm's Patent Practices While the Federal Trade Commission (FTC) Closely Examines Such Behavior

    Scrutiny of Qualcomm's patent aggression and coercion -- scrutiny that can profoundly change the way software patents, SEPs and FRAND are viewed -- as seen in various amicus briefs (amici) from industry giants that are affected



  18. Professor Lisa Larrimore Ouellette Questions Whether Patents Work When Patent Scope is Too Broad

    Citing MIT economist (and MacArthur “genius”) Heidi Williams, Professor Lisa Larrimore Ouellette from Stanford challenges old myths and quotes: “we still have essentially no credible empirical evidence on the seemingly simple question of whether stronger patent rights—either longer patent terms or broader patent rights—encourage research investments.”



  19. OIN is Still a Distraction Unless We Want GNU/Linux to Coexist With Software Patents (Rather Than Eliminate Those)

    Another wave of media coverage by/for the Open Invention Network (OIN) necessitates a reminder of what OIN stands for and why it is not tackling the biggest problems which Free/Open Source software (FOSS) faces



  20. Links 13/5/2017: Neptune Plasma 5 ISO, a Shift to Free (FOSS) Databases

    Links for the day



  21. Countries With a Dozen European Patents Are an Easy Photo-Op 'Sell' for Battistelli While the EPO's Demise is Largely Ignored by the Patent Microcosm

    Behind the façade of legitimacy, the EPO suffers from an incompetent, insecure and delusional boss, whose actions will almost certainly lead to the collapse of both the Office and the entire Organisation (whose founding document he routinely shreds to pieces)



  22. Our Assessment: Unitary Patent (UPC) Will Crumble Along With Battistelli's Regime at the EPO

    A reflection and an opinion on where the EPO stands and what it means for the UPC, which doesn't seem to be going anywhere (it's all talk and lobbying)



  23. The European Patent Office Has a Long History/Track Record of 'Screwing' Contractors

    The European Patent Office (EPO) appears to have quite an extensive track record/reputation for ‘screwing’ contractors and then misusing immunity to get away with it



  24. Links 12/5/2017: Wine 2.8, Kdenlive 17.04.1, NHS Windows Syndrome

    Links for the day



  25. Links 11/5/2017: New OpenShot, GIMP, and GNOME (3.24.2)

    Links for the day



  26. The Sickness of the EPO – Part IX: Using Confidential Medical Records as a Weapon Against Staff

    In defiance/violation of labour laws and medical oaths etc. the EPO is passing around medical information, either for dismissal pretexts or a sort of blackmail -- a serious abuse in its own right



  27. The EPO is in Disarray and Additional Complaints to the European Court of Human Rights (ECHR) May Be Imminent

    Team Battistelli reaps what it has sown, as complaints are being made to a court with “47 member states [that] are contracting parties to the Convention,” (European Convention on Human Rights) according to Wikipedia



  28. By Promoting the UPC, in Defiance of Public Will, the EPO Has Become Patent Trolls' Best Friend

    The patent–industrial complex, aided by the EPO under Battistelli's iron-fisted reign, is trying to convince us that the UPC is coming soon and that it is desirable (it's neither of those things)



  29. Links 10/5/2017: Mesa 17.1, Git 2.13, Qt Creator 4.3 RC1, MINIX 3.4 RC6

    Links for the day



  30. Team UPC Still Twists and Fabricates Statements to Make It Seem Like Unitary Patent is Happening Soon

    The Unified Patent Court (UPC), a terrible system which was envisioned and covertly constructed by those who stand to benefit/profit from injunctions and trolling, is not going anywhere, but media which is dominated by Team UPC would have us believe otherwise


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