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

10.04.15

Microsoft Continues to Extort Linux and Android OEMs Using Software Patents, This Time ASUS (Forced to Pre-Install Microsoft Spyware With OOXML)

Posted in Deception, GNU/Linux, Google, Microsoft, Open XML, Patents at 10:06 am by Dr. Roy Schestowitz

Embrace and Extend
Credit: unknown (Twitter)

Summary: A roundup of news illustrating that Microsoft is still very much in a total war against Android, (mis)using federal regulators and even software patents to get its way

MICROSOFT’S attacks on Linux never stopped. Anyone thinking otherwise must not have paid attention. To make matters worse, Microsoft is manipulating the media into pretending that “Microsoft loves Linux” and that there is “peace”. In this post we are going to share some stories of interest to assure readers that nothing has changed except Microsoft’s rhetoric and some of the attacks have become more discreet.

“The FTC is wrong about antitrust fears over Android,” writes Microsoft's booster Bill Snyder in IDG, summarising it as follows: “Microsoft can’t develop a successful mobile operating system, so it’s making a crybaby case against Google”

If Android (Free software) is an antitrust violation, what does that make proprietary software? Microsoft and its proxies, as we have shown over the years, were behind these complaints. Remember that back in the SCO days, i.e. around 2003-2005, the Microsoft minions (and few others) tried to frame the GPL itself as anti-competitive. They failed, but it took time and cost money. One of the first questions that the FTC must tackle here is, who is behind the complaints? They may find that it’s little more than a Turf War. (Mis)Using Feds as pawns in the battle (a Turf War), as in using the government to derail one’s competition (even Free software), should be a crime. It is a waste of resources. When the media claims that Microsoft and Google now have “peace” (on patents) be sure to reminder the reporters of what Microsoft has done to cause Google (and Android) antitrust trouble. It is very well documented and we wrote over a dozen articles touching on this subject alone.

“Tell Mary Jo Foley that this is not a “deal” but an extortion.”As we noted the other day (and many people read this article, some news sites even linked to our analysis), Microsoft under Nadella is no different from Microsoft under Ballmer, at least when it comes to patents. The monopolist, under Nadella specifically, has already attacked Samsung, Kyocera, and Dell (over Linux/Android). Where is the love? Does Microsoft have patent peace with Android now? No, of course not. There is no peace even with Google, there is just a settlement in the Motorola case. Microsoft is leaving Motorola aside and is just attacking the OEMs instead, continuing with this latest assault on ASUS. Microsoft is still blackmailing companies, using patents, into bundling Microsoft spyware with non-standards (lock-in). This is extortion. Tell Mary Jo Foley that this is not a “deal” but an extortion. Tell this to others who believed that we have a ‘peace’ for our time after Google and Microsoft reached one settlement (regarding Motorola).

Android is being infiltrated by Microsoft now. It wouldn’t have worked without patent extortion. As Microsoft’s Mouth (Mary Jo Foley) put it: “As nearly two-dozen Android, Chrome OS and Linux vendors are doing, ASUS seemingly is licensing Microsoft’s patents to cover anything that is in those operating systems which potentially infringes on Microsoft’s intellectual property.

“But ASUS also is agreeing, as part of the deal announced today, to pre-install unspecified Microsoft “productivity services” on Android smartphones and tablets. When I asked, a Microsoft spokesperson said the services included the Microsoft Office suite.”

“Patents are being used for leverage.”So Microsoft is embracing and taking over Android inside ASUS. Remember the ASUS EEE? It used to run GNU/Linux before Microsoft intervened. Microsoft calls it EEE, which also stands for “embrace, extend, extinguish” — Microsoft's currently principal strategy against Android. Mark Hachman chose the headline “Microsoft strikes a deal with Asus: We won’t sue if you put Office on your Android devices” (we fought for years against it, starting with the Microsoft/Novell deal). Untimately what we are seeing it is a strategy that first became publicly known after Microsoft had done this to Samsung (earlier this year). Threatening to sue companies if they don’t serve Microsoft’s agenda is not a new strategy even when it comes to GNU/Linux as a whole, Android set aside. See the Microsoft/Novell deal (2006). Patents are being used for leverage.

The media has hardly covered this scandal. Reuters is busy writing about the Microsoft/Google settlement and Microsoft propagandists are everywhere to be seen. Why does ECT, for example, keep quoting its occasional writer Rob Enderle as an ‘expert’ regarding Microsoft, which paid him for Linux FUD? It’s gross. ETC talks about “Rob Enderle, principal analyst at the Enderle Group.” It’s a one-man group and he gets paid by ECT and Microsoft. Why is he approached for his views on Android and Google? Do they think the readers are this dumb? Here is some promotional Microsoft messaging found therein: “There’s strong, scientifically verifiable evidence indicating Microsoft’s move to join the rest of the tech world in open source and collaboration was propelled by a compelling force: the Nadella effect. While tech analysts and reporters had fun with CEO Satya Nadella’s odd “cloud first, mobile first” mantra last summer, his much less concise — yet more encouraging — message has been one of collaboration, and meeting consumers on their terms. For example, Microsoft pushed Office 365 to all major platforms.”

ECT quoted Enderle not just once but at least twice last week, in both cases regarding Linux matters, e.g. in this article titled “Microsoft Pushes Deeper Into Linux, Containers, IoT”. In it, ECT asks Hilwa, who used to work for Microsoft, about Microsoft and Linux (no disclosure in the article about his Microsoft background). Rob Enderle, who also worked for ECT and is notoriously close to Microsoft, is simply described by ECT as “Rob Enderle, principal analyst at the Enderle Group.”

“Rob Enderle, who also worked for ECT and is notoriously close to Microsoft, is simply described by ECT as “Rob Enderle, principal analyst at the Enderle Group.””What a sham. Richard Adhikari basically interviews Microsoft moles regarding Linux when he’s not busy writing his lots of anti-Android articles (usually regarding security). Al Hilwa and Rob Enderle being his “sources” tells us a lot more about him, perhaps his agenda too. Well, to be fair and to give him the benefit of the doubt here, quite often when it comes to so-called ‘analysts’, everywhere you look it’s proprietary software (e.g. Microsoft) and its minions. Even Dana Blankenhorn, who used to cover Open Source for ZDNet (sometimes being an apologist for Microsoft), has just said in the financial press that “Microsoft has stopped fighting with open source” .

Well, that is complete and utter nonsense. It didn’t stop, Microsoft still does all sorts of things to both Linux and Android. Other financial press says that Microsoft “has finally succumbed to the free OS Linux” because Microsoft copies Linux code, raising all sorts of GPL-related questions and potential issues [1, 2].

the bottom line is, don’t believe for even a second that Microsoft is some gentle aging giant. It’s a vicious abusive monopolist, as its actions against Android (in particular Android because of the platform’s market share) continue to demonstrate.

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 10/12/2018: Linux 4.20 RC6 and Git 2.20

    Links for the day



  2. US Courts Make the United States' Patent System Sane Again

    35 U.S.C. § 101 (Section 101), the Patent Trial and Appeal Board (PTAB) and other factors are making the patent system in the US a lot more sane



  3. Today's USPTO Grants a Lot of Fake Patents, Software Patents That Courts Would Invalidate

    The 35 U.S.C. § 101 effect is very much real; patents on abstract/nonphysical ideas get invalidated en masse (in courts/PTAB) and Director Andrei Iancu refuses to pay attention as if he's above the law and court rulings don't apply to him



  4. A Month After Microsoft Claimed Patent 'Truce' Its Patent Trolls Keep Attacking Microsoft's Rivals

    Microsoft's legal department relies on its vultures (to whom it passes money and patents) to sue its rivals; but other than that, Microsoft is a wonderful company!



  5. Good News: US Supreme Court Rejects Efforts to Revisit Alice, Most Software Patents to Remain Worthless

    35 U.S.C. § 101 will likely remain in tact for a long time to come; courts have come to grips with the status quo, as even the Federal Circuit approves the large majority of invalidations by the Patent Trial and Appeal Board’s (PTAB) panels, initiated by inter partes reviews (IPRs)



  6. Florian Müller's Article About SEPs and the EPO

    Report from the court in Munich, where the EPO is based



  7. EPO Vice-President Željko Topić in New Article About Corruption in Croatia

    The Croatian newspaper 7Dnevno has an outline of what Željko Topić has done in Croatia and in the EPO in Munich; it argues that this seriously erodes Croatia's national brand/identity



  8. The Quality of European Patents Continues to Deteriorate Under António Campinos and Software Patents Are Advocated Every Day

    The EPC in the European Patent Office and 35 U.S.C. § 101 in the USPTO annul most if not all software patents; under António Campinos, however, software patents are being granted in Europe and the USPTO exploits similar tricks



  9. Team UPC is Still Spreading False Rumours in an Effort to Trick Politicians and Pressure Judges

    Abuses at the European Patent Office, political turmoil and an obvious legislative coup by a self-serving occupation that produces nothing have already doomed the Unitary Patent or Unified Patent Court (UPC); so now we deal with complete fabrications from Team UPC as they're struggling to make something out of nothing, anonymously smearing opposition to the UPC and anonymously making stuff up



  10. Patents on Life and Patents That Kill the Poor Would Only Delegitimise the European Patent Office

    After Mayo, Myriad and other SCOTUS cases (the basis of 35 U.S.C. § 101) the U.S. Patent and Trademark Office is reluctant to grant patents on life; the European Patent Office (EPO), however, goes in the opposite direction, even in defiance of the European Patent Convention



  11. EPO 'Untapped Potential'

    "Campinos is diligently looking for ways to further increase the Office’s output without increasing the number of examiners," says the EPO-FLIER team



  12. Links 9/12/2018: New Linux Stable Releases (Notably Linux 4.19.8), RC Coming, and Unifont 11.0.03

    Links for the day



  13. Links 8/12/2018: Mesa 18.3.0, Mageia 7 Beta, WordPress 5.0

    Links for the day



  14. The European Patent Organisation is Like a Private Club and Roland Grossenbacher is Back in It

    In the absence of Benoît Battistelli quality control at the EPO is still not effective; patents are being granted like the sole goal is to increase so-called 'production' (or profit), appeals are being subjected to threats from Office management, and external courts (courts that assess patents outside the jurisdiction of the Office/Organisation) are being targeted with a long-sought replacement like the Unified Patent Court, or UPC (Unitary Patent)



  15. Links 7/12/2018: GNU Guix, GuixSD 0.16.0, GCC 7.4, PHP 7.3.0 Released

    Links for the day



  16. The Federal Circuit's Decision on Ancora Technologies v HTC America is the Rare Exception, Not the Norm

    Even though the PTAB does not automatically reject every patent when 35 U.S.C. § 101 gets invoked we're supposed to think that somehow things are changing in favour of patent maximalists; but all they do is obsess over something old (as old as a month ago) and hardly controversial



  17. The European Patent Office Remains a Lawless Place Where Judges Are Afraid of the Banker in Chief

    With the former banker Campinos replacing the politician Battistelli and seeking to have far more powers it would be insane for the German Constitutional Court to ever allow anything remotely like the UPC; sites that are sponsored by Team UPC, however, try to influence outcomes, pushing patent maximalism and diminishing the role of patent judges



  18. Many of the Same People Are Still in Charge of the European Patent Office Even Though They Broke the Law

    "EPO’s art collection honoured with award," the EPO writes, choosing to distract from what actually goes on at the Office and has never been properly dealt with



  19. Links 6/12/2018: FreeNAS 11.2, Mesa 18.3 Later Today, Fedora Elections

    Links for the day



  20. EPO, in Its Patent Trolls-Infested Forum, Admits It is Granting Bogus Software Patents Under the Guise of 'Blockchain'

    Yesterday's embarrassing event of the EPO was a festival of the litigation giants and trolls, who shrewdly disguise patents on algorithms using all sorts of fashionable words that often don't mean anything (or deviate greatly from their original meanings)



  21. The Patent Litigation Bubble is Imploding in the US While the UPC Dies in Europe

    The meta-industry which profits from feuds, disputes, threats and blackmail isn't doing too well; even in Europe, where it worked hard for a number of years to institute a horrible litigation system which favours global plaintiffs (patent trolls, opportunists and monopolists), these things are going up in flames



  22. Links 5/12/2018: Epic Games Store, CrossOver 18.1.0, Important Kubernetes Patch

    Links for the day



  23. Links 4/12/2018: LibrePCB 0.1.0, SQLite 3.26.0, PhysX Code

    Links for the day



  24. EPO Management Keeps Embarrassing Itself, UPC More Dead Than Before, and Nokia Turns Aggressive

    The EPO’s race to the bottom of patent quality continues, it’s now complemented by direct association with patent trolls and law stands in their way (for they repeatedly violate the law)



  25. The Intellectual Property Owners Association (IPO) and IBM Are Part of the Software Patents Problem in the United States

    IBM's special role in lobbying for software patents (and against PTAB) needs to be highlighted; even Ethereum’s co-founder isn't happy about IBM's meddling in the blockchain space (with help from Hyperledger/Linux Foundation)



  26. The Patent Trial and Appeal Board (PTAB) Not Falling for Attempts to Prevent It From Instituting Challenges

    In the face of patent maximalists' endless efforts to derail patent quality the tribunal keeps calm and carries on smashing bad patents



  27. Links 2/12/2018: Linux 4.20 RC5, Snapcraft 3.0, VirtualBox 6.0 Beta 3

    Links for the day



  28. The Patent Microcosm Hopes That the Federal Circuit Will Get 'Tired' of Rejecting Software Patents

    Trolls-friendly sites aren't tolerating this court's habit of saying "no" to software patents; the Chief Judge meanwhile acknowledges that they're being overrun by a growing number of cases/appeals



  29. 35 U.S.C. § 101 Continues to Crush Software Patents and Even Microsoft Joins 'the Fun'

    The Court of Appeals for the Federal Circuit (CAFC) and even courts below it continue to throw out software patents or send them back to PTAB and lower courts; there is virtually nothing for patent maximalists to celebrate any longer



  30. The Anti-Section 101 (Pro-Software Patents) Lobby Looks at New Angles for Watering Down Guidelines and Caselaw

    By focusing on jury trials and patent trolls the proponents of bunk, likely-invalid abstract patents hope to overrule or override technical courts such as the Patent Trial and Appeal Board (PTAB)


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