Bonum Certa Men Certa

Horacio Gutierrez Has Left Microsoft, But the Patent Extortion Against Linux Continues, Also by Satellites

The legacy of Ballmer and Gutierrez remains at Nadella's Microsoft

Horacio Gutierrez
Picture contributed by a reader in 2008



Summary: Reactions to the exit of Horacio Gutierrez and a reminder that Microsoft has implemented no change of strategy as it pressures Linux (with software patents) not only directly

AS we noted in our previous post, more writers now agree with us that Microsoft's patent aggression against Linux is not acceptable and probably serves as proof that Microsoft still hates Linux. Nearly a week ago it became apparent that the architect of Microsoft'a patent strategy against Linux was leaving. Mike Masnick retweeted Re/code and wrote: "This guy once spent an hour in a conference room lecturing me on just how *amazing* patent licensing is..."



That was the first time we noticed a report about it. It came from the Microsoft booster (who was among the loudest cheerleaders for the patent extortion even way back in her Novell days/era at CNET). Yes, Ina Fried covered it and her employer wrote "Spotify taps top Microsoft lawyer Horacio Gutierrez as general counsel" (it's pretty big news and it seems like Re/code may have broken the story).

"Based on reports we have been reading, we don't know if this Microsoft Mafioso has decided to quit his job or Microsoft simply told him to go (being associated with patent extortion/blackmail is enormously detrimental for Microsoft's public image)."As we mentioned him just two days beforehand (translation in Spanish was posted the following afternoon) we cannot help but wonder if some of our recent articles served to convince him to change jobs or even had Microsoft rethink its patent strategy. In the past month we got about 30 million hits at the cache level, so surely many people read about Microsoft's patent aggression (we wrote numerous articles about it, going weeks back) and some even wrote their own articles about it (partly inspired by what we had published).

Based on reports we have been reading, we don't know if this Microsoft Mafioso has decided to quit his job or Microsoft simply told him to go (being associated with patent extortion/blackmail is enormously detrimental for Microsoft's public image).

Gavin Clarke (historically a Microsoft apologist) has only just noticed -- days late! -- that this Mafioso left Microsoft. He called him "Linux Inquisitor" in the headline (strong words!) and said:

Linux and Android device makers can breath a little easier: their IP bête noir has left Microsoft.

The lawyer running Microsoft’s intellectual property inquisition, Horacio Gutierrez, has left after 18 years. He’s jumped to streaming service Spotify.

Gutierrez joined Microsoft in 1998 but ran the company’s LCA innovation and intellectual property group between 2006 and 2014.

He was in charge of Microsoft’s legal team on global patents, copyrights, trademarks, licensing, standards and regulatory compliance.


Someone told us in the comments last week: "So, will Spotify now start suing over software patents now that Gutierrez has moved? It's bad news for Spotify to get "former" Microsofters."

"Gutierrez was a Mafioso, and like some in the Mafia he was walking around in a suit."Will they basically become non-practising patent parasites? They're mostly in the area of copyrights, not patents. In fact, days ago they signed a high-profile copyright deal (beyond the scope of this article).

IAM, to its credit, was also relatively quick to report on the departure of Gutierrez. To quote: "Microsoft’s current general counsel and former head of IP Horacio Gutierrez, who was one of the major players in the company’s lucrative multi-billion dollar per year Android licensing campaign, is leaving his role to take up the corresponding position at music streaming service Spotify. Gutierrez became general counsel and corporate vice president at Microsoft after a reshuffle in November last year which saw his predecessor Brad Smith promoted to company president and chief legal officer. Prior to that – in July 2014 – Gutierrez was appointed corporate vice president and deputy general counsel in the Microsoft legal function’s products and services division."

Gutierrez was a Mafioso, and like some in the Mafia he was walking around in a suit.

"One way to stop Microsoft's patent extortion is to make it financially less viable (economically unsustainable) by convincing technology experts (who choose what to buy for their companies) to drop Microsoft contracts, effectively boycotting the company while clarifying that patent aggression is the cause."Some may be led to believe that Microsoft will soon stop its patent aggression, but there is no indication of it. Moreover, Microsoft still attacks Linux through patent proxies, including some patent trolls. IAM reminded us of RPX the other day, among other trolls (IAM does not say "trolls", just NPEs and SEPs, who are paying IAM). Several divisions of Microsoft are both SEPs and NPEs. The company acts little better than a patent troll, with a much broader patents pool. Uniloc is now flirting with the Microsoft-connected Acacia. To quote IAM: "Even with the battering that most public IP companies (PIPCOs) have weathered on the capital markets over the last few years, Uniloc’s $189 million offer for Acacia, which was announced earlier today, seems far too low. A few years ago Acacia was a multi-billion dollar business with a licensing model that investors flocked to, and which produced a steady stream of revenues."

For Microsoft to demonstrate that it is prepared to enter a peaceful co-existence with Linux it will need to not only stop its patent aggression but also stop proxies such as Intellectual Ventures from doing the same thing. One way to stop Microsoft's patent extortion is to make it financially less viable (economically unsustainable) by convincing technology experts (who choose what to buy for their companies) to drop Microsoft contracts, effectively boycotting the company while clarifying that patent aggression is the cause.

Recent Techrights' Posts

Nonfree Software in My Bank, by Richard Stallman
Updated 8 hours ago
Richard Stallman is Usually Right Because He Thinks "Outside the Box"
he is able to observe society (mores and norms) as somewhat of an outsider
 
This Monday WebProNews Absolutely Flooded the Web With Fake (LLM Slop) 'Articles' About "Linux", Google News Promoted Them as Legitimate
All of the following are fake articles attributed to pseudonyms or authors that don't exist; the images are also slop. Why does Google promote these?
Linuxiac is Not a Slopfarm, But at Least Some of Its Articles Are Machine-Generated Fakes
what we said about it was correct
Expect More Microsoft Layoffs
"Are more job cuts coming?"
Microsoft Behaving Like It's Running Out of Money to Pay Salaries
Does that seem like the behaviour expected from a company which claims it is "worth" trillions?
LWN Downtime Due to Linode, Not LLM Bots
"I’ve received an email letting me know that there is a potential for data loss."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 28, 2025
IRC logs for Monday, July 28, 2025
Links 28/07/2025: Science, Health, and Conflicts
Links for the day
Gemini Links 28/07/2025: Healthy Self-Image With Autism and a "New Life"
Links for the day
Links 28/07/2025: COVID-19 Sped up Brain Aging, "Circumvention is More Popular Than Compliance"
Links for the day
LWN Has Been Down for a Long Time, Another Casualty of LLM Bots?
Time will tell. How much time though?
Slopfarms Versus 'Linux' (and Against People Who Write Real Articles About GNU/Linux)
LLM slop in slopfarms by Brian Fagioli and Redazione RHC
Gemini Links 28/07/2025: Bila Yarrudhanggalangdhuray and Running pkgsrc in a FreeBSD Jail
Links for the day
Microsoft Turns News Sites Into Spamfarms
Is the site The Register MS the next IDG?
The Register MS/The Register US
On Saturday I contacted them for a comment (before issuing criticism)
Hacking revelations at Vatican Jubilee of Digital Missionaries
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 27, 2025
IRC logs for Sunday, July 27, 2025
The Week to Come
Planning ahead
LLM Slop Has Only Been a Boon for Misinformation Online
The very same companies that were supposed to maintain quality (again, not limited to Google with PageRank) are now actively participating in generating and spreading slop
When They Tell You It's Free, Does That Mean No Charges (If So, Who's Paying and Why)?
there's "no free lunch"
We're Going to Focus Less on the Molotov Cocktail-Throwing Microsofters and More on Patents
We can get back to focusing on what we wanted to focus on all along
Just Trying to Keep Web Sites Honest (Journalistic Integrity)
the latest articles in LinuxIac are real
Links 27/07/2025: Political Affairs, Data Breaches, Attacks on Freedom of the Press
Links for the day
Gemini Links 27/07/2025: Hot in Japan and Terminal Escape Codes
Links for the day
Links 27/07/2025: More Microsoft Layoffs Coming, Science and Hardware News
Links for the day
Links 27/07/2025: FSF Hackathon and "Hulk Hogan Was a Very Bad Man"
Links for the day
Gemini Links 27/07/2025: DAW Mixer Chains and Simple Software
Links for the day
The Register MS is Inventing or Giving Air Time to New Conspiracy Theories so as to Distort the Narrative As High-Profile Agencies Fall Prey to Microsoft Holes
But the problem is holes, i.e. Microsoft making bad products; the problem is Microsoft
Most Editors at The Register Are American, Including the Editor in Chief, a Decade-Long Microsoft Stenographer (Writing Prose to Sell Microsoft)
It's not easy to tell where the site is based (we tried) because it's hiding behind ClownFlare and CrimeFlare hasn't been well lately
Pushers of systemd Rewrite History (Richard Stallman Said UNIX "Was Portable and Seemed Fairly Clean")
Unlike systemd
"New Techrights" Soon Turns 2 (A Few Days Before the FSF Turns 40)
We have a lot more to say about LLM bots
When Silence Says So Much
Garrett, a 'secure' boot pusher, will need to defend himself in the UK High Court
The Register in Trouble
There is not much that can be done at this point
Trajectory of The Register: From News Site/s Into "B2B"... and Into Microsoft Salespeople
Something isn't right at The Register
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 26, 2025
IRC logs for Saturday, July 26, 2025
Misinformation in Social Control Media
Social control media passes around all sorts of tropes
Slopwatch: Fake Linux 'Articles' and Slopfarms With "Linux" in Their Names/Domains
throwing bots at "Linux" to make some fake articles