07.17.16

Gemini version available ♊︎

Microsoft and Its Patent Minions at Nokia Still Have Patent Stacking Ambitions Against Android/Linux OEMs

Posted in Free/Libre Software, GNU/Linux, Google, Microsoft, Patents, RAND at 12:35 pm by Dr. Roy Schestowitz

The role of Ericsson and the EPO’s PR agency is mentioned as well

Calculator for tax

Summary: Weaponisation of European companies for the sake of artificial elevation of prices (patent taxes) a growing issue for Free/Open Source software (FOSS) and those behind it are circulating money among themselves not for betterment of products but for the crippling of FOSS contenders

THE long if not endless war waged by Microsoft against GNU/Linux is far from over. This past week, e.g. in our daily links, we gave several examples of the latest assaults by Microsoft (Android antitrust, Linux booting restrictions, lobbying against freedom-respecting policies and more), aside from the patent angle. Microsoft sure knows what it’s doing and if Microsoft succeeds, Linux-powered products will lose their broad appeal due to removed (thanks to legal threats) features and artificially-elevated prices. In this post we shall focus on the patent aspects alone, as we so typically do in order to keep things simpler.

“Microsoft sure knows what it’s doing and if Microsoft succeeds, Linux-powered products will lose their broad appeal due to removed (thanks to legal threats) features and artificially-elevated prices.”Let’s start with the Microsoft-friendly advocacy site, IAM ‘magazine’. IAM’s innuendo-filled focus on China’s patent activity as of late [1, 2] finally culminates in China’s “misuse of competition law for protectionist policies,” as if the West never ever does this (it’s certainly the norm at the USPTO and ITC). IAM wants to make China’s system (patents, courts etc.) look unfair and unjust, as it did the other day too. China is apparently very mean because there’s bias there that’s hardly unique to China. Huawei is the one major Android OEM that Microsoft never managed to blackmail using patents (it reportedly did try over the years) and IAM now says that “Huawei attracts flak from Nokia, while adversary Samsung signs major deal with the Finnish company” (good cop, bad cop). It is obviously a loaded headline and IAM does not tell readers that Nokia’s patent troll, MOSAID (now Conversant), is paying IAM. What a farce of a ‘news’ site. MOSAID (fed with Nokia patents at Microsoft’s instruction) can be viewed as somewhat of an extension of these entities and after Microsoft effectively hijacked Nokia it’s taxing Google/Android (hence Linux) in a royalty stacking fashion. This happens right now not only in the Western world but also in Asia, albeit Huawei has been one of the very few exceptions (the Chinese government, which is connected to it, seems to have protected it). “Here’s Why Nokia Is About To Get More Money Out Of Its Patents” is a new article from Fortune (writing a lot about patents so far this month) which reminds us that Microsoft essentially turned Nokia into a patent aggressor. Put another way, Microsoft made Nokia yet another one of its (many) patent trolls that are openly against Android and Linux. “I booked http://nokiaplanp.com,” wrote Benjamin Henrion, but that was “years ago, I was right.” The P stands for Patents and it happened around the time people were making jokes about Nokia’s plans under Microsoft’s mole, Elop (there were nearly a dozen such plans with a different alphabetic letter for each).

People are kindly asked to remember what Microsoft did to Nokia as revisionism about it is quite routine nowadays. Not only Nokia engages in such behaviour; Ericsson does this too and it goes as far as south Asia, e.g. India. European patent trolls come to India even if there are no software patents in India and virtually no patent trolls either, as we mentioned here before. Well, Micromax was last mentioned here a couple of months ago in relation to patent trolls, primarily Ericsson’s (the equivalent of MOSAID/Conversant to Nokia) and here is a new blog post about it:

Ericsson has been going all out to enforce its Standard Essentials Patents (SEP) against several mobile phone companies, such as Micromax, Intex and Lava, among others, who are primarily selling mobile phones in India. The outcome of these law suits will no doubt play a significant role in defining the future of licensing and enforcement of SEP in India.

The latest in these law suits is an interim judgement by The High Court of Delhi in the matter between TELEFONKTIEBOLAGET LM ERICSSON (Ericsson) and LAVA INTERNATIONAL LTD (Lava). The interim judgement is in favour of Ericsson. More importantly, the judgement deals with various aspects of licensing and enforcement of SEP.

Ericsson keeps 'hiding' behind proxies that are patent trolls in order to shake down practicing companies. It’s hardly even covert like Microsoft’s scheme. Everyone knows that Ericsson is doing this. Standard-essential patents (SEPs) are used here (Nokia has many of these too) and speaking of which, the Kat who is the most pro-software patents (based on years of posting history) wrote about the EPO's PR firm the other day, noting its take on SEP holders. “The final speaker was Mark Bezant from FTI consulting,” she wrote. “He mentioned that he is amongst the FRAND experts in the pending UK case of Unwired Planet v Samsung and Huawei [last reported by IPKat here]. He noted the two key issues in FRAND disputes: (a) the obligations placed on the SEP holders, and (b) the appropriate level of royalty rates. After reminding the audience of some of the methods discussed by Garreth Wong, he mentioned particular issues that arise in practice, such as having to rely on outdated licences or inherently complicated agreements. With respect to the incremental method of calculating royalties, he noted the difficulty in understanding the exact value a single patent has added to a standard. The most common approach, he explained, is looking at established comparable rates and matching them to the situation at hand. Mr Bezant concluded that one must establish a number of factors before assessing whether a licence is FRAND, such as the validity of the patents, the number of declared essential patents, the number of essential patents confirmed by a court, and the qualitative assessment performed by experts on the patents.”

“Remember that there are practically no workarounds for SEPs (by definition) and FRAND is not compatible with FOSS.”It’s rather curious to see Battistelli’s PR firm (at the expense of the EPO) promoting a software patents loophole and patent aggression. Then again, they also promote the UPC and pay IAM, which incidentally gets paid by patent trolls also. It is a hostile world out there and it makes life hard for FOSS proponents. Remember that there are practically no workarounds for SEPs (by definition) and FRAND is not compatible with FOSS.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Microsoft and the EPO: A History of Threats and Suppression Against the Free Press

    Bribed and blackmailed media isn't covering EPOnia's corruption anymore; somebody should, but that's not as easy as it may seem on the surface (not even for a distant outsider)



  2. [Meme] The B4 Summit: Baltic Benoît Battistelli in Belarus

    It should not be surprising that when Benoît Battistelli and António Campinos get to 'fix' their own election by the EPO‘s Administrative Council that very same Administrative Council will later rubber-stamp virtually every proposal of theirs, even unlawful proposals



  3. Links 20/9/2021: Telegram Desktop 3.1, Arcan as Operating System Design

    Links for the day



  4. [Meme] Looting Europe and Taking Away From the Office

    The staff of the EPO is being robbed by corrupt officials, who arrogantly assume that they can get away with anything (because they have facilitators all over Europe)



  5. IRC Proceedings: Sunday, September 19, 2021

    IRC logs for Sunday, September 19, 2021



  6. Formally Challenging the EPO and Microsoft for Apparent Efforts to Suppress Reporting With Evidence of Crimes, Including Violations of EPO Data Protection Guidelines

    The largest cross-institutional European den of corruption, the EPO, will be hearing from lawyers and hopefully from public officials too. The criminal behaviour is long overdue for review and the Administrative Council too should be investigated (for repeatedly abetting this behaviour, for personal gain).



  7. Links 20/9/2021: Linux 5.15 RC2 and pgAdmin 4 5.7 Released

    Links for the day



  8. [Meme] Warning - Tree Felling in Progress

    Warming up for our next EPO series



  9. Links 19/9/2021: Sparky 2021.09, Whisker Menu 2.6.0, HarfBuzz 3.0, and gThumb 3.12

    Links for the day



  10. EPO Management is Hiding Under the 'Cloud' While Violating Privacy Laws

    Facing a barrage of scrutiny for outsourcing the EPO's systems to Microsoft, the EPO has just arranged yet another expensive PR stunt, looking to somehow 'normalise' the unacceptable and the likely illegal



  11. Maintenance and Development Updates

    We've been doing a lot of work on the back end (or operations) of Techrights, more so this past month, and we're almost ready to resume the normal publication pace



  12. [Meme] Microsoft Says Its Paying Clients (Like EPO) Don't Violate Privacy Law

    The ever-so-docile EPO will gladly oblige when companies like Microsoft lie about the legality of their industrial espionage operations, masked as “clown” computing (and other buzzwords)



  13. Coming Soon: EPO Series on Lawlessness

    Some time soon we’ll start an important series about the EPO, seeing that the management of the EPO is panicking and trying to put out the fire created by prior ones (more on that shortly)



  14. Links 19/9/2021: Jolla's Sailfish OS 4.2 and FreeBSD Technology Roadmap

    Links for the day



  15. IRC Proceedings: Saturday, September 18, 2021

    IRC logs for Saturday, September 18, 2021



  16. Links 18/9/2021: LibreOffice 8.0 Plans and Microsoftcosm Uses WSL to Badmouth 'Linux'

    Links for the day



  17. Links 18/9/2021: GIMP 2.10.28 Released and Azure Remains Back Doored

    Links for the day



  18. IRC Proceedings: Friday, September 17, 2021

    IRC logs for Friday, September 17, 2021



  19. Links 17/9/2021: Ubuntu 18.04.6 LTS, Manjaro 21.1.3, “2021 is the Year of Linux on the Desktop”

    Links for the day



  20. Links 17/9/2021: WSL Considered Harmful

    Links for the day



  21. [Meme] Microsoft Loves Linux Bug/Back Doors

    Microsoft is just cementing its status as little but an NSA stooge



  22. Lagrange Makes It Easier for Anybody to Use Gemini and Even Edit Pages (With GUI)

    Gemini protocol and/or Gemini space are easy for anyone to get started with or fully involved in (writing and creating, not just reading); today we take a look at the new version of Lagrange (it was first introduced here back in March and covered again in April), which I installed earlier today because it contains a lot of improvements, including the installation process (now it’s just a click-to-run AppImage)



  23. IBM is Imploding But It Uses Microsoft-Type Methods to Hide the Demise (Splits, Buybacks, and Rebranding Stunts)

    A combination of brain drain (exodus) and layoffs (a lack of budget combined with inability to retain talent or attract the necessary staff with sufficiently competitive salaries) dooms IBM; but the media won't be mentioning it, partly because a lot of it is still directly sponsored by IBM



  24. IRC Proceedings: Thursday, September 16, 2021

    IRC logs for Thursday, September 16, 2021



  25. [Meme] 70 Days of Non-Compliance

    António Campinos would rather fall on his sword than correct the errors or work to undo the damage caused by Team Battistelli, which is still at the EPO



  26. EPO “Board 28” Meeting: Imaginary Dialogue Between EPO President Campinos and the Chair of the Administrative Council, Josef Kratochvíl

    The EPO‘s chaotic state, which persists after Benoît Battistelli‘s departure, is a state of lawlessness and cover-up



  27. Links 16/9/2021: Linux Mint Has New Web Site, LibreOffice 7.2.1, KDE Plasma 5.23 Beta, and Sailfish OS Verla

    Links for the day



  28. If Git Can be Done Over the Command Line and E-mail, It Can Also be Done Over Gemini (Instead of Bloated Web Browsers)

    In order to keep Git lean and mean whilst at the same time enabling mouse (mousing and clicking) navigation we encourage people everywhere to explore gemini://



  29. Techrights Examines a Wide Array/Range of Gemini Clients/Browsers

    After spending many months examining an array of different types of software for Gemini (including but not limited to clients/browsers) we take stock of what exists, what's supported (it varies a bit), and which one might be suitable for use by geeks and non-geeks



  30. Links 16/9/2021: KStars 3.5.5 and Chafa 1.8

    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