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

03.20.16

More Voices in the Media Against Microsoft’s Patent Aggression Against Linux, Prospects of Joining the Open Invention Network (OIN)

Posted in GNU/Linux, Microsoft, OIN, Patents at 6:38 am by Dr. Roy Schestowitz

Sign

Summary: Various journalists and bloggers express dissatisfaction with if not anger and disappointment at Microsoft’s hateful attitude towards GNU/Linux, which it is still attacking using software patents and threats of lawsuits

THERE is definitely growing awareness of Microsoft’s campaign against Linux. That’s progress. The company spent nearly a whole decade attacking Linux with patents, usually keeping a lot of it under the table, or behind NDAs. The secrecy isn’t working too well anymore.

“The Cultural Defeat of Microsoft” is a new essay which, in spite of not touching the patent aspect, helps reveal the core issues which led Microsoft to its patent aggression. Swapnil Bhartiya ‘wakes up’ to this whole situation, having written about this over a week ago (he flip-flopped on Microsoft’s intentions). Based on E-mails we’ve been receiving, many are pissed off at Bhartiya’s very latest article on the subject, saying that it’s akin to a yuppie nuremburg defense (for Microsoft). He spoke of a “section of the open source community that blindly hates Microsoft,” but that’s a fallacy because some people just know and remember what Microsoft has done, there’s no blindness about it. In fact, those who forget or are ignorant about it are blind. We’ll spare the insults here (some people are upset at Bhartiya) and just say that concern about Microsoft’s patent aggression isn’t misplaced and there’s no valid excuse for Microsoft doing this.

In relation to Phipps’ suggestions Bhartiya wrote:

5 reasons Microsoft may never give up on Linux patent claims

[...]

There are many reasons why Microsoft may not join the Open Innovation Network (OIN) anytime soon. First of all, if a company doesn’t want to use patents as a weapon, it won’t, whether or not it joins OIN.

At the same time, joining OIN doesn’t guarantee that a company won’t use patents as a weapon. Both Oracle and Google are OIN members and they have locked horns in one of the fieriest battles in the open source world. IBM is one of the founders of OIN and it has also sued companies (like Groupon) over various patents.

So as much as I believe joining OIN sends a positive message, I don’t think that’s _the_ ultimate solution.

This we can agree on. We wrote about the above issues several times before. But the joining (OIN) would at least be symbolic. There is still no indication whatsoever from Microsoft that it intends to stop the patent aggression. None. We shall expand on that point at some later stage and a later post.

Days before Bhartiya, SJVN wrote a similar article

The one thing Microsoft must do – but won’t – to gain open-source trust

[...]

So, why are people still paying up rather than fighting? Because patent litigation is incredibly expensive. It’s cheaper to pay a $5 to $15 per device licensing fee than to pay a small fortune and take even a remote chance of failure in court.

And Microsoft? Come on, back in 2014, Microsoft was already making about $3.4 billion from its Android patents. Samsung alone paid Microsoft a billion bucks to license its Android patents. This is serious money even by Fortune 500 standards.

In its last quarter, between volume licensing and patents, Microsoft accounted for approximately 9 percent of Microsoft’s total revenue.

And, that, of course, is why Microsoft is never going to stop charging for its Android patents. So long as the boys from Redmond can milk these patents for billions every year, they’re going to keep them.

An article by Susan Linton from around that time said: “A lot of speculation surrounded and followed Microsoft’s latest announcements with many questioning some its statements and motives. Most surmise it’s only because Microsoft needs Linux and Open Source that it’s changed its tune. Several have said that if Microsoft truly wanted to show its new leaf, they’d stop suing companies for dodgy patent infringement claims. Today Steven J. Vaughan-Nichols stated that’s pretty much how he sees it. Most of the patents Microsoft is suing over are for ideas already in the public domain. Microsoft will never give up that revenue stream. Why should they when companies like Canonical and Red Hat sign deals with them despite their actions? “So long as Microsoft can profit from Android patents while still working with open-source enterprises, the company has no reason whatsoever to change its ways.””

Does anyone believe that this is acceptable? Or that Microsoft “loves Linux” as it wants us to believe? Microsoft does not need to ‘make’ peace with Linux; GNU/Linux was never resisting peace, it’s only Microsoft that’s attacking. Even sites that are full of Microsoft apologists are unimpressed by what Microsoft has done. See the following:

Is Microsoft Trying To Attack Open Source And Linux With Its “Patent Bombs”?

[...]

Last week, Microsoft got involved in a legal issue and secured patent licenses from Wistron of Taiwan and Rakuten of Japan around Linux and Android technologies. While Microsoft is already making billions with its patents in Android, its history of Linux-related patent trolling isn’t hidden from anyone. The open source community remains frightened of Microsoft as no one knows who could be the next one to get a notice from Microsoft’s legal guys.

In another case that violates the trust of open source community, Microsoft has recently claimed that it came up with the idea for Continuum and “invented” the concept. On the other hand, Canonical has been working on Convergence since 2013, even though it was never released to the public up until recently.

There’s no doubt that Microsoft has made some serious contributions to the open source community and expressed its love for Linux. However, if Redmond really cares, it should work transparently to win the trust of the open source community as any company’s success in the world of open source depends on its users and developers.

Satya Nadella should also consider joining the Open Innovation Network (OIN) and sending a message the open source world to become a trusted member of the community.

Notice that both the above and the article from Bhartiya say “Innovation Network” rather than Invention Network. They don’t seem to have been keeping up with that area.

The noteworthy thing is, more and more voices now recognise the issue and call for cessation of patent aggression. That’s important progress.

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 28/8/2016: Q4OS 1.6, ConnochaetOS 14.2

    Links for the day



  2. The United States Has Gotten Over Software Patents

    A roundup of new articles about software patents in the United States, 2 years into the post-Alice era (the US Supreme Court deeming patents on software too abstract to have merit)



  3. More Lies From President Benoît Battistelli and the EPO Crisis Which Continues to Deepen

    The European Patent Office (EPO), collectively speaking, is still wrestling with a Battistelli infiltration (a circle of high-level managers) which habitually lies and viciously attacks those who dare counter these lies



  4. Links 27/8/2016: Torvalds and GPL, “DOD Must Embrace Open-Source Software”

    Links for the day



  5. Links 26/8/2016: Maru OS Resurfaces, Android More Reliable Than 'i' Things, PC-BSD Becomes TrueOS

    Links for the day



  6. Good Job, David Kappos, Says the 'Boss' (IBM)

    Responses to the latest call against Alice (eliminator of many software patents), courtesy of the man from IBM (still paid by IBM) who was responsible for the policy that blindly approved a lot of software patents in the US



  7. Being for Patent Quality or Against Patenting Excess Does Not Make You Anti-Patents

    Like IAM, which tries to portray sceptics and critics of software patents as "anti-patents", IP Watchdog (or Watchtroll as we call it) is 'trolling' the Electronic Frontier Foundation, simply because it expressed an opinion that patent maximalists cannot tolerate



  8. Erosion of Patent Quality Enables Patent Extortion With Large Portfolios of Low Validity Rate

    Revisiting the EPO's vision of poor patent examination and the effect of discriminatory granting practices, favouring patent bullies such as Microsoft (which actively attacks Linux using low-quality and usually pure software patents)



  9. The EPO's Francesco Zaccà Presenting in Turin Alongside Patent Trolls (Like the Patent Mafia Sisvel) and Lobbyists/Front Groups for Software Patents, UPC

    Benjamin Henrion (FFII) on seeing the EPO alongside patent trolls and other nefarious actors, doing what they do best, which is undermining public interests and harming patent quality



  10. The EPO, USPTO, and Patent Microcosm Peddle Myths About Patents in Public Universities and Research

    Tackling some of the commonly-spread myths about patents as "saving lives" and "promoting research" (in practice leading to the death of poor people and promoting trolls)



  11. Large Corporations' Lobbyist David Kappos Disgraces Former Employer USPTO by Meddling in Their Affairs on Software Patents, Downplaying the Supreme Court

    The latest lobbying from David Kappos, who blatantly exploits his connections in patent circles to promote software patents and work towards their resurgence after Alice v CLS Bank



  12. Journal of Intellectual Property Law and Practice Calls the European Patent Office “Rotten”, Other Sources Scrutinise Recent Moves

    The patent office which was once known for being the best bar none is rotting under the Frenchman Benoît Battistelli, who made himself and his friends the main clients of the Office



  13. PTAB Emerges as Hero of USPTO Because Quality of Patents Improves, Software Patents Are Effectively Dead (or Dying Once Reassessed)

    With help from the Patent Trial and Appeal Board (PTAB) -- not just patent courts -- software patents drop like flies by the thousands



  14. Creative Technology, Now Operating in 'Patent Troll' Mode, Shot Down by the ITC; Jawbone Too Shot Down

    Some good news from the U.S. International Trade Commission (ITC), which may have put an end to Creative's new war on Android (using old patents)



  15. Corporate Media in India Misrepresents Startups to Push for Software Patents

    A parade of misinformation as seen in Indian (but English-speaking) press this week as questions about patentability of software resurface



  16. Links 25/8/2016: Linux Turns 25, NetworkManager Turns 1.4

    Links for the day



  17. Links 24/8/2016: More From LinuxCon, Uganda Wants FOSS

    Links for the day



  18. Links 23/8/2016: GNOME 3.22 Beta, Android 7.0 Nougat

    Links for the day



  19. The Linux Foundation Gives Microsoft (Paid-for) Keynote Position While Microsoft Extorts (With Patents) Lenovo and Motorola Over Linux Use

    This morning's reminder that Nadella is just another Ballmer (with a different face); Motorola and Lenovo surrender to Microsoft's patent demands and will soon put Microsoft spyware/malware on their Linux-powered products to avert costly legal battles



  20. Not Just President Battistelli: EPO Vice-Presidents Are Still Intentionally Misrepresenting EPO Staff

    Evidence serving to show that EPO Vice-Presidents are still intentionally misrepresenting EPO staff representatives and misleading everyone in order to defend Battistelli



  21. Battistelli the Liar Causes a Climate of Confrontation in French Politics, Lies About Patent Quality (Among Many Other Things)

    Battistelli's lies are coming under increased scrutiny inside and outside the European Patent Office (EPO), where patent quality has been abandoned in order to artificially elevate figures



  22. The Collapse of Software Patents and Patent Law Firms Trying to “Overcome” Alice

    The United States continues its gradual crackdown on software patents (which are viewed as abstract and thus unpatentable), whereas in Europe things are murkier than ever



  23. Apple's Patent Wars Against Android/Linux Make Patent Trolls Stronger

    Apple's insistence that designs should be patentable could prove to be collectively expensive, as patent trolls would then use a possible SCOTUS nod to launch litigation campaigns



  24. Links 22/8/2016: Linux 4.8 RC3, Linux Mint 18 “Sarah” KDE Beta

    Links for the day



  25. Links 21/8/2016: Apple and Microsoft Down, Systemd Spreading to Mount

    Links for the day



  26. Links 20/8/2016: Android Domination, FSFE summit 2016

    Links for the day



  27. Patents Roundup: Trolls Dominate Litigation, PTAB Crushes Patents, Patent Box Regime Persists, and OIN Explains Itself

    Another roundup of patent news from around the Web with special focus on software patenting



  28. The Cost/Toll of the 'New' EPO and Where All That Money Goes or Comes From

    The European Patent Office has become a servant of the rich and powerful (including large foreign corporations) and even its own employees now pay the price associated with misguided new policies (or 'reforms' as Battistelli habitually refers to these)



  29. Links 19/8/2016: Linux Mint With KDE, Linux Foundation's PNDA

    Links for the day



  30. The End of an Era at the USPTO as Battistelli-Like (EPO) Granting Policies Are Over

    The United States is seeing the potency of patents -- especially software patents (which make up much of the country's troll cases) -- challenged by courts and by 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