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 22/10/2018: New Kernel Release and Linus Torvalds is Back in Charge

    Links for the day



  2. Lack of Patent Quality Means Lack of Patent Validity and Lack of Legal Certainty

    35 U.S.C. § 101 at the U.S. Patent and Trademark Office (USPTO) -- like the European Patent Convention (EPC) on the Grant of European Patents -- stresses patent quality and scope; will patent offices get things right before it's too late or too expensive to undo?



  3. Data Engine Technologies (DET) Just One Among Many Microsoft-Connected Patent Trolls That Pick on Microsoft's Biggest Competitors

    Lawyers' articles/blog posts continue to obscure the fact that Data Engine Technologies is merely a satellite or unit (one among many) of patent trolling giant Acacia Research Corp., connected to Microsoft and sporting a long history of lawsuits against GNU/Linux



  4. Alice/Mayo and Hatch-Influenced US Patent Office

    The U.S. Patent and Trademark Office (USPTO) seems to be serving those who pay the most to define the scope or limits of patenting; this means that even nature and life are being 'privatised' (or turned into someone's "intellectual" property)



  5. Funded by the Public to Prey on the Public: The Absurdity of Patent Sales and 'Enforcement' by Government

    Government or US Government-funded entities are looking to tax private companies using patents that were actually funded by the public; in practice this helps private firms or insiders (individuals) personally gain from something that the public subsidised and should thus be in the public domain



  6. Lockpath Patents Demonstrate That the US Patent Office -- Unlike US Courts -- Keeps Ignoring 35 U.S.C. § 101/Alice

    35 U.S.C. § 101 isn’t being entirely followed by examiners of the U.S. Patent and Trademark Office (USPTO); in fact, evidence suggests that mathematics are still becoming monopolies of private firms — something which should never happen



  7. The Eastern District of Texas and Its Patent Trolls Affinity Not a Solved Issue

    The American patent system continues to distribute monopolies on algorithms and some of these cause litigation to reach courts that are notorious for intolerance of 35 U.S.C. § 101, resulting in unnecessary payments to lawyers and patent trolls



  8. More 'Blockchain' Nonsense in Pursuit of Bogus, Nonsensical Software Patents

    The U.S. Patent and Trademark Office (USPTO) is still granting abstract software patents because words like "blockchain" get mentioned in the applications; companies that do this hope to shield themselves from disruptive technology and possibly facilitate future patent blackmail



  9. A Warning About MPEG-G, the Latest Software Patents Trap That Threatens Innovation Everywhere

    Combining patents on software and on life, MPEG-G assembles a malicious pool with malignant ramifications for bioinformatics



  10. MIT and the Prior Art Archive Perpetuate Existing Problems

    Large companies with many tens of thousands of patents (each) would have us believe that broadening access/reach of prior art (e.g. to patent examiners) would solve the issues; This may very well work for these large companies, but it overlooks the broader picture



  11. Links 20/10/2018: Mesa 18.2.3 Released, FreeBSD 12.0 Beta 1

    Links for the day



  12. Unified Patents Demolishes Some More Notorious Patent Trolls and Offers Bounties to Take Down More of Them

    Even though the new management of the US patent office treats patent trolls as a non-issue, groups that represent technology firms work hard to improve things (except for the litigation zealots)



  13. The Identity Crisis of the European Patent Office, Wrongly Believing It Exists to Serve Lawyers and Patent Trolls Outside Europe

    The European Patent Office doesn’t even feel like it’s European anymore; it’s just an international patent office that happens to be based (primarily) in Munich; insiders and outsiders alike need to ask themselves what these ‘European’ officials (employing firms outside Europe) have turned the Office into



  14. Links 19/10/2018: OpenBSD 6.4 and OpenSSH 7.9 Released

    Links for the day



  15. Ingve Björn Stjerna Has Just Warned That If Team UPC and the European Patent Office Rigged the Proceedings of the German Constitutional Court, Consequences Would be Significant

    The EPO is back to mentioning the Unified Patent Court and it keeps making it abundantly clear that it is only working for the litigation 'industry' rather than for science and technology (or "innovation" as they like to euphemise it)



  16. Links 18/10/2018: New Ubuntu and Postgres

    Links for the day



  17. It's Almost 2019 and Team UPC is Still Pretending Unitary Patent (UPC) Exists, Merely Waiting for Britain to Join

    Refusing to accept that the Unified Patent Court Agreement (UPCA) has reached its death or is at a dead end, UPC proponents — i.e. lawyers looking to profit from frivolous litigation — resort to outright lies and gymnastics in logic/intellectual gymnastics



  18. IAM and IP Kat Are Still Megaphones of Battistelli and His Agenda

    IAM reaffirms its commitment to corrupt Battistelli and IP Kat maintains its stance, which is basically not caring at all about EPO corruption (to the point of actively deleting blog comments that mention such corruption, i.e. 'sanitising' facts)



  19. The EPO Under António Campinos Relaxes the Rules on Software Patenting and the Litigation 'Industry' Loves That

    EPO management, which is nontechnical, found new terms by which to refer to software patents -- terms that even the marketing departments can endorse (having propped them up); they just call it all AI, augmented intelligence and so on



  20. Links 17/10/2018: Elementary OS 5.0 “Juno” Released, MongoDB’s Server Side Public Licence

    Links for the day



  21. Improving US Patent Quality Through Reassessments of Patents and Courts' Transparency

    Transparency in US courts and more public participation in the patent process (examination, litigation etc.) would help demonstrate that many patents are being granted — and sometimes asserted — that are totally bunk, bogus, fake



  22. Ask OIN How It Intends to Deal With Microsoft Proxies Such as Patent Trolls

    OIN continues to miss the key point (or intentionally avoid speaking about it); Microsoft is still selling 'protection' from the very same patent trolls that it is funding, arming, and sometimes even instructing (who to pass patents to and sue)



  23. Links 1610/2018: Linux 4.19 RC8, Xfce Screensaver 0.1.0 Released

    Links for the day



  24. Judge-Bashing Tactics, Undermining PTAB, and Iancu's Warpath for the Litigation and Insurance 'Industries'

    Many inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) leverage 35 U.S.C. § 101 against software patents; instead of putting an end to such patents Director Iancu decides to just serve the 'industry' he came from (a meta-industry where his firm had worked for Donald Trump)



  25. 'Cloud', 'AI' and Other Buzzwords as Excuses for Granting Fake Patents on Software

    With resurgence of rather meaningless terms like so-called 'clouds' (servers/hosting) and 'AI' (typically anything in code which does something clever, including management of patents) the debate is being shifted away from 35 U.S.C. § 101 (Section 101); but courts would still see past such façade



  26. Corporate Media's Failure to Cover Patents Properly and Our New Hosting Woes

    A status update about EPO affairs and our Web host's plan to shut down (as a whole) very soon, leaving us orphaned or having to pay heavy bills



  27. Links 15/10/2018: Testing Ubuntu 18.10 Release Candidates, KaOS 2018.10 Released

    Links for the day



  28. USPTO FEES Act/SUCCESS Act Gives More Powers to Director Iancu, Supplying Patents for Litigation 'Business' and Embargo (ITC)

    Corruption of the US patent system contributes to various issues which rely on the extrajudicial nature of some elements in this system; companies can literally have their products confiscated or imports blocked, based on wrongly-granted patents



  29. Court of Appeals for the Federal Circuit Decides That USPTO Wrongly Granted Patents to Roche

    Patent quality issues at the U.S. Patent and Trademark Office (USPTO) — motivated by money rather than common sense — continue to be highlighted by courts; the USPTO needs to raise the bar to improve the legal certainty associated with US patents



  30. Even Judge Gilstrap From Texas is Starting to Accept That Software Patents Are Invalid

    Amid new lawsuits from Texas (e.g. against Citrix) we’re pleased to see that even “reprehensible” Rodney Gilstrap (that’s what US politicians call him) is learning to accept SCOTUS on 35 U.S.C. § 101


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