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

06.01.16

Microsoft Extortion Against Android OEMs (Even Chinese Companies) Continues in Spite of Departure of Horacio Gutierrez

Posted in Google, Microsoft, Patents at 6:26 am by Dr. Roy Schestowitz

Xiaomi patent settlement

Summary: Microsoft reminds us that it is still engaging in patent extortion by signing yet another patent settlement deal which requires surrendering to Microsoft

JUST over a month ago Microsoft officials made it clear that the patent war against Android was still on. Now it’s confirmed by actions.

Today’s post is reactionary, as usual, and it will be about Microsoft extortion. We shall provide some background information to help explain why European regulators should put Microsoft on trial instead of taking Microsoft’s lobbying in Europe seriously, imposing fines on Google and acting as Google watchdogs.

Microsoft’s patent extortion against companies in China isn’t entirely new. Remember what it did to ZTE 3 years ago. Chinese authorities got visibly irritated by Microsoft’s patent shakedown and released a previously-secret list of patents Microsoft uses to extort companies in China, compelling them to obey Microsoft’s demands so as to avert costly litigation. Xiaomi is the latest victim, but to Microsoft the high-prized deal would be with Huawei, which is a growing force and dominant OEM in the Android domain. Huawei, based on reports we mentioned in past years, doesn’t surrender.

“Xiaomi is the latest victim, but to Microsoft the high-prized deal would be with Huawei, which is a growing force and dominant OEM in the Android domain.”More patent extortion from Microsoft serves to remind us that there is no strategic change at Microsoft. Microsoft cannot coexist with Linux and leave it alone/live in peace; it cannot help itself, it’s a scorpion (riding on a tortoise/turtle as per the famous parable) and it just keeps pinching that which it’s exploiting for a free ride (Android in this case) while relying on regulators — through lobbying — to prevent defensive reaction from Google. Horacio Gutierrez may be gone, but nothing substantial happened or changed. Don’t believe for a second that just because Microsoft’s patent Mafia don has left it somehow means the extortion strategy stopped. Microsoft never rescinded or withdrew this, except on April 1st (as a prank).

For those who are not sure what Microsoft is doing here, how it misleads the media, and what it means in practical terms, see this article about Acer. The above is repetition of the same strategy. They are putting lipstick on a pig again.

“This has nothing to do with access to services, it’s just how they dress up patent extortion and the coercion which comes with it.”In short, Microsoft tells Xiaomi, “do what we say or we’ll sue you with patents.” In other words, Microsoft threatens litigation and gives a “get out” clause (make Android become just a Microsoft platform). Having just killed Windows on mobile, this is all Microsoft has left. It uses blackmail tactics to impose its malware/spyware on potentially billions of phones. The ‘official’ announcement says this:

Microsoft Corp. and Xiaomi Inc. have expanded their global partnership to provide innovative user experiences on mobile devices. As part of the agreement, Xiaomi will ship Microsoft Office and Skype on Xiaomi Android smartphones and tablets. As a result, tens of millions of consumers and business customers in China, India and around the world will have new ways to work, collaborate and communicate. The companies’ new collaboration also includes a cross-license and patent transfer agreement.

Don’t be misled by “cross-license and patent transfer agreement.” It’s a settlement basically. The FFII’s President responded to this as follows: “Microsoft is the biggest patent troll.”

This has nothing to do with access to services, it’s just how they dress up patent extortion and the coercion which comes with it. And they tell us Microsoft “loves Linux”… does anybody still believe that? Not even Microsoft’s marketing staff should be gullible enough to believe it.

Update: Based on updates given to relatively high-profile reporters (and those who updated their puff pieces accordingly), Microsoft managed to get ‘protection’ money too, albeit not in the traditional form. Xiaomi has just been pressured to have paid (unless it just wanted to pay) Microsoft for useless patents; this is either a novel way to disguise another case of blackmail against Linux or part of Xiaomi’s patent hoarding efforts. Either way, it’s starting to become apparent that Xiaomi paid Microsoft, one way or another (the amount is not known). “The Wall Street Journal reports that Xiaomi will purchase 1,500 patents from Microsoft as part of the deal,” says one writer, citing an article that says “Xiaomi Corp. has agreed to purchase around 1,500 patents” (the term “agreed to purchase” suggests that it came from Microsoft, not from Xiaomi).

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

A Single Comment

  1. dennis.cellodude said,

    June 1, 2016 at 8:48 pm

    Gravatar

    Thank you for this article. I am looking to get a new smartphone and it was a toss-up between Xiaomi and Huawei.

    Having read this article, I’m definitely going for Huawei. I consider myself fortunate to have been pointed here by Linux Today.

    DL

What Else is New


  1. Links 20/7/2019: Weston 7.0 Alpha, Nageru 1.9.0

    Links for the day



  2. Companies That Collapse Because the European Patent Office (EPO) Gave Them Fake Patents in a Hurry

    False hopes and false promises won’t do any favours to European Patents, whose legal certainty suffers because Campinos and Battistelli measure nothing but ‘production’ (quantity) rather than quality of patents



  3. Slack Committed a Very Major Crime That Can Cost Many Billions If Not Trillions in Damages for Years to Come

    The inevitable has happened to Slack, which no longer deserves to exist as a company; moreover, the people who ran the company must be held criminally accountable



  4. Demand for European Patents Will Continue to Decrease If a Lot of European Patents Turn Out to be Invalid, Worthless

    The EPO's abandonment of patent justice and quality (in pursuit of so-called 'production' targets) is likely to doom the Office as the whole or render it vastly less relevant to the rest of the world



  5. 35 U.S.C. § 101 Still in Tact in the United States and Software Patents Rot Away

    The United States, where the number of granted patents decreased last year, becomes more productive; there are more signs that patent maximalism (patent litigation, patent scope etc.) has receded



  6. Links 19/7/2019: Deepin 15.11 and GNU/Linux Back on GPD MicroPC

    Links for the day



  7. Violence is Not Free Speech and Laws Exist Against Violence

    Free speech is certainly under attack and the debate is being framed within the context of Nazism; but this overlooks the fact that there are actual death threats and calls for genocide in the mix



  8. Links 19/7/2019: Oracle Linux 8.0, Latte Dock 0.9 Beta and PCLinuxOS KDE Darkstar 2019.07

    Links for the day



  9. Why Does Jim Zemlin Publicly Congratulate Microsoft?

    The signs aren't particularly encouraging when one considers that the leadership of the Linux Foundation is a fan of Microsoft and sometimes connected to Microsoft



  10. 2 Days Later (Case in Progress) and Still Media Silence About G 2/19

    The very legitimacy of years' worth of rulings and the EPO's abusive attacks on judges are under the microscope; but the media isn't paying any attention, perhaps deliberately



  11. The 'Linux' Foundation is Acting Like a Microsoft ISV Now, Commitment to Linux and FOSS Deteriorates Even Further

    The Linux Foundation has just announced a new Microsoft-funded initiative that's pushing GitHub and CLAs (passing copyrights on code to corporations)



  12. Links 18/7/2019: OPNsense 19.7, Krita 4.2.3 and KDevelop 5.3.3 Released

    Links for the day



  13. Index: G 2/19 (Enlarged Board of Appeal, EPO)

    G 2/19 (Enlarged Board of Appeal, EPO)



  14. EPO Looney Tunes – Part 4: G 2/19 - Faites Vos Jeux…

    "Josefsson needs to bring in the “desired result” for his political masters in the Administrative Council if he wants to be in with a chance of reappointment."



  15. Media Not Interested in G 2/19, Which Demonstrates Patent Justice is Nowadays Impossible at the EPO

    The EPO spreads patent injustices to other countries and courts; the media is miraculously enough not interested, almost as though there's a coordinated blackout



  16. Librethreat Database Updated

    Database which keeps track of variants of attack vectors on Free/libre software now includes two more forms of threat



  17. A Look Back (and Forward) at Friendly Programming

    Historical perspective on computer languages and how to do better



  18. Red Hat's Freedom Reduced to Just Online Partner Enablement Network (OPEN) and Microsoft as a Close Partner; Canonical's Ubuntu Just an 'App' for Windows?

    Free software is being snapped up by proprietary software giants and patent bullies that treat it as little more than an 'add-on' for their proprietary offerings



  19. Linux Foundation Apparently Celebrates Sysadmin Day With a Microsoft Windows Site!

    The Linux Foundation shows ‘love’ to actual GNU/Linux (the real thing) by apparently rejecting it and badmouthing it



  20. EPO Looney Tunes – Part 3: The Legal Line-up for G 2/19

    The deck appears to have already been stacked for G 2/19, a decision on EPO judges' exile to Haar (veiled disciplinary action/collective punishment by those whom the judges are supposed to 'oversee')



  21. Links 17/7/2019: VirtualBox 6.0.10 and Mageia 7.1 Releases, Mint Betas

    Links for the day



  22. Links 16/7/2019: Btrfs Gets 'Cleaned Up', Clonezilla Live 2.6.2-15

    Links for the day



  23. EPO Looney Tunes - Part 2: The “Difficult Legacy” and Its Dark Historical Shadow

    Assuming that he was informed, then it seems fair to say that Battistell’s little “joke” at the expense of the Boards was in very bad taste



  24. EPO Noise Machine Turned On as Haar Hearing Kicks Off, Patrick Corcoran Defamed Again

    The EPO does not want people to hear about Haar; it just wants people to hear about how wonderful the EPO is and there are some who have just decided to slander Patrick Corcoran again



  25. Microsoft is 'Doing Kamikaze' (神風) on Linux

    An analogy for what the Linux (only in name!) Foundation and Microsoft mean to Linux — or by extension to GNU/Linux and Free software whose largest repository Microsoft took control of



  26. The 'New' Linux.com Sometimes Feels Like a Microsoft Promotion Site

    Anything that the ‘Linux’ Foundation touches seems to turn into its proprietors’ agenda; one of those proprietors is Microsoft, which has a "Jihad" against Linux



  27. IBM is a Threat to the Internet, Not Just to Software Development (Due to Software Patents Aggression)

    IBM continues its aggression against technology — a fact that’s even more distressing now that IBM calls the shots at Red Hat



  28. EPO Looney Tunes - Part 1: Is D-Day Approaching for Battistelli’s “Difficult Legacy”?

    European patent justice isn’t working within the premises of EPOnia; a bunch of ‘show trials’ may in fact turn out to be just that — a show



  29. Links 16/7/2019: LXD 3.15, Q4OS 3.8 and D9VK 0.13f

    Links for the day



  30. Links 15/7/2019: Vulkan 1.1.115 and Facebook Openwashing

    Links for the day


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

Recent Posts