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

02.10.16

Microsoft Continues to Use Software Patents to Extort/Blackmail Even More Companies That Use Linux, Forcing/Coercing Them Into Preinstalling Microsoft

Posted in GNU/Linux, Google, Microsoft, Patents at 9:05 pm by Dr. Roy Schestowitz

The ‘new’ Microsoft is more like a new Mafia, albeit with much better marketing/veneer for secret patent deals

Patent deal spin
How Microsoft announces patent deals now (covering Android and Linux), sparingly using newspeak and euphemisms (“Agreements” actually means patent settlements)

Summary: Acer is the latest large OEM to have become a victim of Microsoft’s witch-hunt against Android/Linux preloaders, whom Microsoft is coercing into becoming Microsoft’s carriers (or face litigation over software patents, with high legal fees if not injunctions or high damages upon secret settlements)

THIS article covers a subject I have been writing about for at least a decade, often in a dedicated manner (especially when it involved Novell’s patent deal with Microsoft, which put the whole of GNU/Linux in jeopardy).

“The frequently-repeated (usually by Microsoft advocacy sites) claims that “Microsoft loves Linux” are of course baloney. Everyone who has followed the news for more than a year or two surely knows this.”This article will no doubt upset some people at Microsoft, which has already been trying to silence this site in various ways (they even contacted my employer). In this article I intend not to be alarmist but merely to explain the latest embrace, extend, extinguish (E.E.E.) strategy of Microsoft, especially against the market leader (exceeding Windows in terms of market share), Android. It’s everything to do with patents, or to be even more specific, software patents. The EPO‘s dubious practices which Microsoft caused (by pressuring officials) to become the 'norm' also relate to this, but we shall leave that angle aside for another day (we already write a lot about the EPO, not only regarding software patents in Europe).

More Microsoft patent extortion has just been revealed. Microsoft is still fighting against Linux (which nowadays is mostly embodied in relatively closed systems such as Android) using patents as a weapon by which to impose spyware on everyone. Once again, software patents or monopolies on software algorithms are being used for extraordinary leverage and Microsoft puts a misleading label on patent deals, much like corporations bribe politicians but disguise the under-the-table payments as speech engagements or campaign contributions, among other semantic loopholes. The frequently-repeated (usually by Microsoft advocacy sites) claims that “Microsoft loves Linux” are of course baloney. Everyone who has followed the news for more than a year or two surely knows this. We wrote some articles about this last year, for example:

“He is basically a successor to the likes of Joachim Kempin, who not only illegally shot animals (and got arrested for it) but also famously said “I’m thinking of hitting the OEMs harder than in the past with anti-Linux. [...] they should do a delicate dance”.”The above discuss and link to articles about 5 large companies which Microsoft extorted (even quite explicitly) using patents in very much the same way that Microsoft now does Acer, a relatively fine supporter of GNU/Linux, even on some desktops. Is Microsoft really threatening to sue? Yes, see what it did to Samsung. It reached a settlement almost exactly one year ago, whereupon Samsung agreed to become Microsoft's vassal (this was confirmed later). It’s not hard to see what’s happening here; even a Microsoft booster like Mary Jo Foley acknowledges the role of patent blackmail, using unnamed software patents which Microsoft has been using to hunt down OEMs all around the world, even where software patents are not at all valid. The Microsoft booster wrote this just a few hours ago, citing Nick Parker (Corporate Vice President, Original Equipment Manufacturer Division, Microsoft). He is basically a successor to the likes of Joachim Kempin, who not only illegally shot animals (and got arrested for it) but also famously said “I’m thinking of hitting the OEMs harder than in the past with anti-Linux. [...] they should do a delicate dance”. Based on Microsoft’s current OEM Chief, in the words of Mary Jo Foley:

As of last May, there were 31 OEMs agreeing to preload Microsoft apps and services on their Android tablets and phones. Some of the other bigger names on the list include Samsung, Dell and Pegatron. As of today, there are now 74 hardware partners in 25 countries on the list. (I’ve asked Microsoft for an updated roster of those Android device makers who are part of the group.)

Though Microsoft officials don’t explicitly say that these preinstallation deals are tied to the company’s ongoing patent campaign via which Microsoft has stepped up its collection of patent royalties from Android device makers, today’s blog post does mention that “IP alignment is an important feature” of these agreements.

Last October, Microsoft’s deal with ASUS combined Office app licensing with an Android patent deal.

This isn’t even Microsoft software being put on these devices. Microsoft does not really make software anymore, it just makes malware/spyware like Vista 10 (the NSA’s dream come true, an always-on keylogger) or Skype (always-on wiretapping), with inability to opt of secret ‘updates’ [1] or even disable the mass surveillance on the desktop [2], based on new articles (see below).

“Microsoft’s latest strategy against Linux — as I foresaw it way back in the Novell days — is “do as we tell you or we shall sue you with patents.””Remember that Android distributors don’t include Microsoft malware by default/out of the box because they want to. Microsoft threatens to sue. Microsoft’s latest strategy against Linux — as I foresaw it way back in the Novell days — is “do as we tell you or we shall sue you with patents.”

Where’s the RICO Act when it needs to actually be enforced?

Microsoft’s love of Linux is the love of a python for a sheep. It just loves sheep. It’s delicious. It’s about devouring. When I said this in Twitter one person responded by saying “this industry has short memories; we’re at the “embrace” stage of embrace, extend, extinguish” (E.E.E.).

Related/contextual items from the news:

  1. Microsoft quits giving us the silent treatment on Windows 10 updates

    After effectively giving everyone the silent treatment on changes to its operating system, Microsoft has created a webpage that briefly lists stuff inside the software updates as they are released. It’s not so much bowing to pressure from users as tossing a ball over a pier and hoping you’ll all chase after it and then the whole fuss will just go away.

    “After listening to feedback regarding the level of disclosure for Windows 10 updates, we decided to implement a new system for communicating updates to the operating system,” a spokeswoman for Redmond told us earlier.

  2. Windows 10 spies on you despite disabling tracking options or installing anti-spying app

    Analyst reveals that Windows 10 is amassing huge amount user data despite of user disabling the three tracking options

    We all know that Windows 10 spies on users. We had reported spying issues associated with Windows 10 even as Microsoft had released the Windows 10 Technical Preview Version in August, 2014. After almost a year after when Windows 10 Final Build was released, Microsoft confirmed that Windows 10 spied on users in November 2015. It had added at that time that even it cant stop Windows 10’s telemetry program used for spying on users.

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. The Sickness of the EPO – Part IV: Cruel Management That Deliberately Attacks the Sick and the Weak

    The dysphoric reality at the European Patent Office, which is becoming like a large cell (with bolted-down windows) where people are controlled by fear and scapegoats are selected to perpetuate this atmosphere of terror and maintain demand (or workload) for the Investigative Stasi



  2. Links 23/2/2017: Qt 5.9 Alpha, First SHA1 Collision

    Links for the day



  3. UPC Roundup: War on the Appeal Boards, British Motion Against the UPC, Fröhlinger Recalled, and Fake News About Spain

    Taking stock of some of the latest attempts to shove the Unitary Patent (UPC) down Europe's throat, courtesy of Team Battistelli and Team UPC



  4. The Sickness of the EPO – Part III: Invalidity and Suicides

    An explanation of what drives a lot of EPO veterans to depression and sometimes even suicide



  5. The Appeal Board (PTAB) and Federal Circuit (CAFC) Maintain Good Pace of Patent Elimination Where Scope Was Exceeded

    The Court of Appeals for the Federal Circuit (CAFC) continues to accept about 4 out of 5 decisions of the Patent Trial and Appeal Board (PTAB) and the US Supreme Court (SCOTUS) refuses to intervene



  6. Software Patents Are Ebbing Away, But the “Swamp” Fights Back and Hijacks the Word “Fix”

    The club of patent maximalists, or those who profit from excess prosecution and legal chaos, isn't liking what has happened in the United States and it wants everything reversed



  7. Report From Yesterday's Debate About the European Patent Office (EPO) at the Bavarian Landtag

    A report of the EPO debate which took place at the Bavarian Landtag yesterday (21/2/2017)



  8. Links 22/2/2017: Wine-Staging 2.2, Nautilus 3.24

    Links for the day



  9. French Politician Richard Yung Tells the Government About Abuses at the European Patent Office (EPO)

    The subject of EPO scandals has once again landed in French politics, just a couple of months since it last happened



  10. The Sickness of the EPO – Part II: Background Information and Insights

    With a privatised, in-house (sometimes outsourced and for-profit) force for surveillance, policing, justice, public relations and now medical assessment (mere vassals or marionettes of the management) the EPO serves to show that it has become indistinguishable from North Korea, where the Supreme Leader gets to control every single aspect (absolutely no separation of powers)



  11. EPO Cartoon/Caricature by KrewinkelKrijst

    A new rendition by Dutch cartoonist and illustrator KrewinkelKrijst



  12. Inverting Narratives: IAM 'Magazine' Paints Massive Patent Bully Microsoft (Preying on the Weak) as a Defender of the Powerless

    Selective coverage and deliberate misinterpretation of Microsoft's tactics (patent settlement under threat, disguised as "pre-installation of some of the US company’s software products") as seen in IAM almost every week these days



  13. The Sickness of the EPO – Part I: Motivation for New Series of Articles

    An introduction or prelude to a long series of upcoming posts, whose purpose is to show governance by coercion, pressure, retribution and tribalism rather than professional relationship between human beings at the European Patent Office (EPO)



  14. Insensitivity at the EPO’s Management – Part VII: EPO Hypocrisy on Cancer and Lack of Feedback to and From ECPC

    The European Cancer Patient Coalition (ECPC), which calls itself "the largest European cancer patients' umbrella organisation," fails to fulfill its duties, says a source of ours, and the EPO makes things even worse



  15. Links 21/2/2017: KDE Plasma 5.9.2 in Chakra GNU/Linux, pfSense 2.3.3

    Links for the day



  16. EPO Caricature: Battistelli's Wall

    Battistelli's solution to everything at the EPO is exclusion and barriers



  17. The 'New' Microsoft is Still Acting Like a Dangerous Cult in an Effort to Hijack and/or Undermine All Free/Open Source Software

    In an effort to combat any large deployment of non-Microsoft software, the company goes personal and attempts to overthrow even management that is not receptive to Microsoft's agenda



  18. PTAB Petitioned to Help Against Patent Troll InfoGation Corp., Which Goes After Linux/Android OEMs in China

    A new example of software patents against Free software, or trolls against companies that are distributing freedom-respecting software from a country where these patents are not even potent (they don't exist there)



  19. Links 20/2/2017: Linux 4.10, LineageOS Milestone

    Links for the day



  20. No, Doing Mathematical Operations on a Processor Does Not Make Algorithms Patent-Eligible

    Old and familiar tricks -- a method for tricking examiners into the idea that algorithms are actual machines -- are being peddled by Watchtroll again



  21. Paid-for UPC Proponent, IAM 'Magazine', Debunked on UPC Again

    The impact of the corrupted (by EPO money) media goes further than one might expect and even 'borrows' out-of-date news in order to promote the UPC



  22. Lack of Justice in and Around the EPO Drawing Scrutiny

    The status of the EPO as an entity above the law (in Germany, the Netherlands, Switzerland and so on) is becoming the subject of press reports and staff is leaving in large numbers



  23. Links 19/2/2017: GParted 0.28.1, LibreOffice Donations Record

    Links for the day



  24. The EPO is Becoming an Embarrassment to Europe and a Growing Threat to the European Union

    The increasingly pathetic moves by Battistelli and the ever-declining image/status of the EPO (only 0% of polled stakeholders approve Battistelli's management) is causing damage to the reputation of the European Union, even if the EPO is not a European Union organ but an international one



  25. Patent Misconceptions Promoted by the Patent Meta-Industry

    Cherry-picking one's way into the perception of patent eligibility for software and the misguided belief that without patents there will be no innovation



  26. As the United States Shuts Its Door on Low-Quality Patents the Patent Trolls Move to Asia

    Disintegration of Intellectual Ventures (further shrinkage after losing software patents at CAFC), China's massive patent bubble, and Singapore's implicit invitation/facilitation of patent trolls (bubble economy)



  27. Links 17/2/2017: Wine 2.2, New Ubuntu LTS

    Links for the day



  28. Bad Advice From Mintz Levin and Bejin Bieneman PLC Would Have People Believe That Software Patents Are Still Worth Pursuing

    The latest examples of misleading articles which, in spite of the avalanche of software patents in the United States, continue to promote these



  29. Patents Are Not Property, They Are a Monopoly, and They Are Not Owned But Temporarily Granted

    Patent maximalism and distortion of concepts associated with patents tackled again, for terminology is being hijacked by those who turned patents into their "milking cows"



  30. SoftBank Group, New Owner of ARM, Could Potentially Become (in Part) a Patent Troll or an Aggressor Like Qualcomm

    SoftBank grabbed headlines (in the West at least) when it bought ARM, but will it soon grab headlines for going after practicing companies using a bunch of patents that it got from Inventergy, ARM, and beyond?


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