Bonum Certa Men Certa

There is No 'New Microsoft': Under Nadella, Patent Extortion Against Linux/Android Carries on

Kyocera



Summary: Kyocera is again being targeted by Microsoft, using patent aggression, with a secret settlement being reached whose negative impact on Android remains to be seen

AS LONGTIME readers may recall, back in 2007 Microsoft picked Kyocera for its anti-Linux patent campaign, leading us to years of research and protests, even when Kyocera adopted Android, only to be sued by Microsoft earlier this year (with 'partners' like these, who needs enemies?). Kyocera is not "just peanuts"; despite not being so well known in Western nations, this is a company with 68,185 employees (not much smaller than Microsoft, which is still on the process of shrinking based on what I privately get told by Microsoft staff).



"Kyocera is not allowed to speak about what Microsoft did to it, for that might damage Microsoft's reputation or harm Microsoft's future efforts to blackmail other companies using patents."US News has this new article titled "Microsoft Seeks a Comeback – But Is It Too Late?" The article alleges that Microsoft is falling way behind Google/Android/Linux. No wonder Microsoft is has been in layoffs mode for half a decade or so, with pace of layoffs increasing over time. Microsoft is now relying more and more on patents; Kyocera is a victim again, as this time it actually fought in court (unlike that time in 2007 where it just bent over).

According to Tech Times, there has just been a secret settlement with all details unknown. Kyocera is not allowed to speak about what Microsoft did to it, for that might damage Microsoft's reputation or harm Microsoft's future efforts to blackmail other companies using patents.

"A few months ago," Tech Times wrote, "Microsoft filed a lawsuit against Kyocera, claiming that three Android smartphones from the Japanese company violated seven Microsoft patents. The smartphones in question were the Duraforce (pictured), Brigadier and Hydro. The patents, meanwhile, cover a wide range of mobile technologies that Microsoft alleged the Android devices violated.

"Microsoft has dozens of licensing agreements in place with Android OEMs, including Samsung, but it will not back out of a litigation if it doesn't reach an amicable agreement. Microsoft went after Kyocera in March, asking a Seattle court for a U.S. sales ban on the three phones that infringed its patents."

Microsoft is euphemistically calling racketeering "Technology Sharing Agreement" in its short press release. To quote the Microsoft press release: "In addition to strengthening the partnership between the two companies, it also resolves a patent-infringement lawsuit brought earlier this year in U.S. District Court. The remaining details of the agreement are confidential."

The words "strengthening the partnership" serve to insinuate that Microsoft uses patent pressure (and rising litigation costs) to coerce Kyocera into becoming Microsoft's vassal, just as Microsoft did to Samsung shortly before suing Kyocera (March 2015).

The Samsung settlement had conditions from Microsoft, essentially turning Samsung's Android devices into "Microsoft Android" devices (this has actually been confirmed since the settlement, after mere speculations and rumours). So, there is nothing peaceful about it. This is blackmail. The loaded gun of the Mafia in this case is a pile of patents, usually software patents.

Tech Times does not cover any of this, but the report concludes with: "It remains unclear, however, just how much Kyocera will pay to use Microsoft's patents."

So it is possible that Microsoft got Kyocera to pay Microsoft for Android and also preinstall Microsoft malware on future Kyocera handsets. How nice of Microsoft... what a peaceful company.

Looking for any additional takes on this, we only found a proponent of software patents ("AmeriKat") commenting poorly in a lawyers' blog. Remarking on these attacks on Android, he wrote that "Kyocera follows Barnes and Noble, Foxconn, Invetec and Samsung in the line of companies that have recently settled with Microsoft."

"It's about Microsoft forcing companies to turn to Windows or "Microsoft Android", making malware with surveillance (spyware) mandatory installed apps."It's hardly a settlement. It's extortion. Microsoft essentially killed Barnes and Noble by tilting it in Windows' direction in exchange for a so-called 'settlement' (we wrote a lot about this) and Samsung did this in exchange for becoming courier of Microsoft rather than an Android company. Kyocera may turn out to be just more of the same. It's about Microsoft forcing companies to turn to Windows or "Microsoft Android", making malware with surveillance (spyware) mandatory installed apps.

Curiously enough, in China (where many Microsoft bits of software are now officially banned for use by government agencies) Samsung is now facing a lawsuit over installed apps. We may safely assume that since Samsung agreed to preinstall Microsoft malware on many of its devices (after patent extortion) the Chinese government won't be too happy. To quote the Shanghai Daily, "Shanghai Consumer Rights Protection Commission yesterday formally announced it has taken legal action against manufacturers Samsung and Oppo over their practice of pre-installing apps on their smartphones.

"The Shanghai No. 1 Intermediate People’s Court said on Wednesday it had accepted separate cases against Tianjin Samsung Telecommunications Technology Co Ltd and Guangdong Oppo Mobile Telecommunications Co Ltd.

"We may safely assume that since Samsung agreed to preinstall Microsoft malware on many of its devices, the Chinese government won't be too happy.""Tao Ailian, secretary-general of the commission, said it filed the public interest lawsuits after investigating complaints from the public about unwanted apps.

"In a study of 20 smartphones, the commission found several that were sold with apps already installed, many of which could not be removed. It also claimed that some phones “stole” cellular data."

For many users of Galaxy devices, Microsoft malware is clearly "unwanted apps", so maybe the Shanghai Consumer Rights Protection Commission should also go after Microsoft, both for racketeering, for bundling, and maybe also for mass surveillance, for which it is most notorious (far worse than Google).

Recent Techrights' Posts

Comparing U.E.F.I. to B.I.O.S. (Bloat and Insecurity to K.I.S.S.)
By Sami Tikkanen
New 'Slides' From Stallman Support (stallmansupport.org) Site
"In celebration of RMS's birthday, we've been playing a bit. We extracted some quotes from the various articles, comments, letters, writings, etc. and put them in the form of a slideshow in the home page."
Thailand: GNU/Linux Up to 6% of Desktops/Laptops, According to statCounter
Desktop Operating System Market Share Thailand
António Campinos is Still 'The Fucking President' (in His Own Words) After a Fake 'Election' in 2022 (He Bribed All the Voters to Keep His Seat)
António Campinos and the Administrative Council, whose delegates he clearly bribed with EPO budget in exchange for votes
Adrian von Bidder, homeworking & Debian unexplained deaths
Reprinted with permission from Daniel Pocock
Sainsbury’s Epic Downtime Seems to be Microsoft's Fault and Might Even Constitute a Data Breach (Legal Liability)
one of Britain's largest groceries (and beyond) chains
 
People Don't Just Kill Themselves (Same for Other Animals)
And recent reports about Boeing whistleblower John Barnett
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 18, 2024
IRC logs for Monday, March 18, 2024
Suicide Cluster Cover-up tactics & Debian exposed
Reprinted with permission from Daniel Pocock
Gemini Links 19/03/2024: A Society That Lost Focus and Abandoning Social Control Media
Links for the day
Matthias Kirschner, FSFE: Plagiarism & Child labour in YH4F
Reprinted with permission from Daniel Pocock
Linux Foundation Boasting About Being Connected to Bill Gates
Examples of boasting about the association
Alexandre Oliva's Article on Monstering Cults
"I'm told an earlier draft version of this post got published elsewhere. Please consider this IMHO improved version instead."
[Meme] 'Russian' Elections in Munich (Bavaria, Germany)
fake elections
Sainsbury's to Techrights: Yes, Our Web Site Broke Down, But We Cannot Say Which Part or Why
Windows TCO?
Plagiarism: Axel Beckert (ETH Zurich) & Debian Developer list hacking
Reprinted with permission from Daniel Pocock
Links 18/03/2024: Putin Cements Power
Links for the day
Flashback 2003: Debian has always had a toxic culture
Reprinted with permission from Daniel Pocock
[Meme] You Know You're Winning the Argument When...
EPO management starts cursing at everybody (which is what's happening)
Catspaw With Attitude
The posts "they" complain about merely point out the facts about this harassment and doxing
'Clown Computing' Businesses Are Waning and the Same Will Happen to 'G.A.I.' Businesses (the 'Hey Hi' Fame)
decrease in "HEY HI" (AI) hype
Free Software Needs Watchdogs, Too
Gentle lapdogs prevent self-regulation and transparency
Matthias Kirschner, FSFE analogous to identity fraud
Reprinted with permission from Daniel Pocock
Gemini Links 18/03/2024: LLM Inference and Can We Survive Technology?
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 17, 2024
IRC logs for Sunday, March 17, 2024
Links 17/03/2024: Microsoft Windows Shoves Ads Into Third-Party Software, More Countries Explore TikTok Ban
Links for the day
Molly Russell suicide & Debian Frans Pop, Lucy Wayland, social media deaths
Reprinted with permission from Daniel Pocock
Our Plans for Spring
Later this year we turn 18 and a few months from now our IRC community turns 16
Open Invention Network (OIN) Fails to Explain If Linux is Safe From Microsoft's Software Patent Royalties (Charges)
Keith Bergelt has not replied to queries on this very important matter
RedHat.com, Brought to You by Microsoft Staff
This is totally normal, right?
USPTO Corruption: People Who Don't Use Microsoft Will Be Penalised ~$400 for Each Patent Filing
Not joking!
The Hobbyists of Mozilla, Where the CEO is a Bigger Liability Than All Liabilities Combined
the hobbyist in chief earns much more than colleagues, to say the least; the number quadrupled in a matter of years
Jim Zemlin Says Linux Foundation Should Combat Fraud Together With the Gates Foundation. Maybe They Should Start With Jim's Wife.
There's a class action lawsuit for securities fraud
Not About Linux at All!
nobody bothers with the site anymore; it's marketing, and now even Linux
Links 17/03/2024: Abuses Against Human Rights, Tesla Settlement (and Crash)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 16, 2024
IRC logs for Saturday, March 16, 2024
Under Taliban, GNU/Linux Share Nearly Doubled in Afghanistan, Windows Sank From About 90% to 68.5%
Suffice to say, we're not meaning to imply Taliban is "good"
Debian aggression: woman asked about her profession
Reprinted with permission from Daniel Pocock
Gemini Links 17/03/2024: Winter Can't Hurt Us Anymore and Playstation Plus
Links for the day