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 Microsoft never rescinded or withdrew this, except on April 1st (as a prank).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. MIT and Microsoft Have Done Nothing to Actually Tackle Pedophilia and Ephebophilia

    MIT never actually resolved the issue that caused Joi Ito, Richard Stallman and others to be ejected; Microsoft meanwhile continues to profit from life-changing abuse (while seeding puff pieces in friendly media, just to pretend otherwise)



  2. Opinion: If You Advocate Population Control and You Are Yourself Doubling in One Single Generation, Then You Might be Hypocritical

    People with 3-5 children (each) tell us that the world has an overpopulation problem; while the growth of the population certainly poses a risk, these people lack the moral authority to lecture us about that (unless they adopt a eugenicist worldview, wherein only particular people are permitted to reproduce)



  3. IRC Proceedings: Saturday, January 25, 2020

    IRC logs for Saturday, January 25, 2020



  4. Nothing Has Truly Changed Since Netscape and Antitrust

    The same old crimes persist, as well as the blatantly anticompetitive behaviour



  5. When the Monopolists and the Patent Litigation Industry Hijack the News They Control the Narrative

    Money buys perception and litigation firms have certainly 'bought' the media coverage, which fails to convey the issue at stake and instead paints a rational court decision as tragedy for "innovation" (by "innovation" they mean monopolies on nature and on life)



  6. Links 25/1/2020: OPNsense 20.1 RC1 and DXVK 1.5.2

    Links for the day



  7. The Linux Kernel is No Longer Free Software?

    Gardiner Bryant, the creator of The Linux Gamer as well as The Off Topical Podcast, reacts to our articles about DRM in Linux (he even pronounced my name correctly)



  8. Sometimes Proprietary Software is Proprietary (Secret) Simply Because It is Not Good and Obfuscation Helps Hide Just How Ugly It Is

    Why nonfree (or proprietary) software generally fails to catch up with Free/libre software — at least on technical grounds — and then makes up for it with marketing and FUD offensives (discrediting perfectly-functioning things, based on their perceived cost)



  9. IRC Proceedings: Friday, January 24, 2020

    IRC logs for Friday, January 24, 2020



  10. Links 24/1/2020: GNU/Linux in Russia and More New Openings

    Links for the day



  11. When EPO Press Coverage Boils Down to Lobbying, Press Releases, EPO Lies, and Bribery

    Any attempts to properly assess and explain what happens in Europe's patent landscape are being drowned out by EPO-bribed and law firms-connected media; to make matters worse, the EPO's bribes have expanded to academia, so even scholarly work in this domain is corrupted by money of special interest groups



  12. IRC Proceedings: Thursday, January 23, 2020

    IRC logs for Thursday, January 23, 2020



  13. Links 23/1/2020: Qubes OS 4.0.3, EasyOS 2.2.5, GhostBSD 20.01

    Links for the day



  14. Passion of the Microsoft

    A rough timeline of Microsoft’s interactions with Linux and the Linux Foundation since 2015



  15. The Patent Microcosm is Really Panicking as European Patents on Life and Other Spurious Junk (Invalid Patents) Are Successfully Rejected

    European Patents (EPs) may be revoked en masse if what we're seeing is the gradual emergence of 'European Mayo' (and maybe soon 'European Alice')



  16. Distractions From Microsoft's Gigantic Tax Evasion and Contribution to Denial of Climate Science

    Microsoft (connected to oil companies) wants us to think of it as a "green" company; not only does it contribute to climate denial but it also evades tax, which is a serious crime that costs tens of billions of dollars (the public pays this money instead)



  17. Confirmation: System1/Startpage Offered Pay to People Who Pushed for (Re)Listing in Privacy Directories

    The debate is now settled; those arguing in favour of listing Startpage as privacy-respecting are in fact secretly 'compensated' by Startpage (in other words, they're Startpage 'shills')



  18. Vandana Shiva: “Bill Gates is Continuing the Work of Monsanto”

    A recent interview on what Bill Gates is really up to in that sham ‘charity’ of his



  19. IRC Proceedings: Wednesday, January 22, 2020

    IRC logs for Wednesday, January 22, 2020



  20. Extending Linux With DRM, Azure and exFAT

    An insufficiently 'conservative' Linux ceases to be freedom-respecting



  21. Linux Foundation (LF) Now Dominated by Lots of Microsoft People and LF Chiefs Join Microsoft in Smearing GPL/Copyleft

    We continue to see additional evidence which serves towards reinforcing our view that the so-called 'Linux' Foundation is actually hostile towards many things that are associated with Linux (unlike those looking to exploit/hijack Linux for proprietary ends)



  22. Links 22/1/2020: Wayland 1.18 Alpha, ODF 1.3 Approved

    Links for the day



  23. IRC Proceedings: Tuesday, January 21, 2020

    IRC logs for Tuesday, January 21, 2020



  24. Poor Excuses for Granting Poor (and Often Illegal/Invalid) Patents

    A quick look at some of the latest examples of software patents advocacy (not by actual software professionals, obviously) and why it's deeply misguided (or guided solely by greedy law firms)



  25. A Simple Plan For a Universal Free Software Community

    "For software to be free as in freedom, we need more people to care personally about software freedom."



  26. Links 21/1/2020: Wine 5.0 and Red Hat Enterprise Linux 8.2 Beta

    Links for the day



  27. Startpage/System1 Almost Definitely Pay for People to Lie About Their Surveillance

    A longterm investigation suggests that there are forces in the debate that aren't objective and are being super evasive and dodgy; this typically happens only when somebody has much to hide



  28. The Internet is an Appalling Medium for News and It Has Only Gotten Worse

    Something ought to change in the way people gather and assess news; at the moment — as proper journalism runs out of steam (and budget) — things only deteriorate and quality suffers; this rapidly exacerbates as people come to rely on — and then relay — hearsay, not fact-checked bodies of work



  29. Media Reactions to the EPO Coming to Grips With Fake Patents That It Granted (Spoiler: the Media is Controlled by Lawyers of Monopolists and EPO Partners)

    Appalling quality of reporting and truly awful bias in the media, primarily owing to the fact that it is dominated/manned not by actual reporters but the firms looking to patent life itself; they use their lawyers and operatives who are literally funded by these lawyers (wearing "journalist" badges to mislead)



  30. Links 21/1/2020: EarlyOOM Fedora Decision and AMD Zen 3 Microcode

    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