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

03.04.18

Microsoft Should be Subjected to Antitrust Action For an Extensive Network of Patent Blackmail, But With a Lobbyist in Charge (Trump Appointee) Don’t Hold Your Breath

Posted in Antitrust, GNU/Linux, Microsoft, Patents at 11:59 am by Dr. Roy Schestowitz

Elaborate plot to tax Linux/Android/ChromeOS will continue unabated

RacketSummary: While it seems unlikely that renewed antitrust action will be invoked against Microsoft, there’s ample evidence that Microsoft continues to feed patent trolls while offering ‘protection’ from them (e.g. in the form of “Azure IP Advantage,” which echoes the Microsoft/Novell strategy for collecting what they called “patent royalties” one decade ago)

THE CHANCES of regulation under Trump seem slim. There are many reasons for this, but we would rather focus on patents rather than pure politics.

Makan Delrahim is a lobbyist, yet he is in charge of antitrust now. It’s almost unthinkable, but with Trump in power anything is possible, e.g. people governing or regulating industries which they themselves came from and may go back to (revolving doors). Dennis Crouch’s thoughts on Delrahim were mentioned some days ago in a blog of patent maximalists. To quote a portion:

Makan Delrahim, the leader of the Antitrust Division of the U.S. Department of Justice of the Trump Administration, has made several interesting comments concerning patents and the antitrust interface. In a recent post on the Patently Obvious Blog, Professor Dennis Crouch discusses some debate concerning Mr. Delrahim’s positions as to when patent holders may create antitrust issues: “[Delrahim] explained that the DOJ’s historic approach has been a “one-sided focus on the hold-up issue” in ways that create a “serious threat to the innovative process.”” Professor Crouch includes links to documents concerning Delrahim’s positions as well as some responses.

Readers of ours have long called for government scrutiny over Microsoft’s patent aggression (and dirty games which often rely on intermediaries). We still see such calls occasionally (they contact the Justice Department).

Remember Intellectual Ventures? The troll Microsoft pretty much created and continues to fund? The troll that passed thousands of patents to another patent troll called Dominion Harbor. Apparently, based on this update from Unified Patents, Dominion Harbor now uses proxies to engage in blackmail. Many of these patents may be worthless, as Unified Patents explained some days ago: “On February 28, 2018, the Patent Trial and Appeal Board (PTAB) instituted trial in an IPR filed by Unified against U.S. Patent 8,082,213 owned and asserted by Smart Authentication IP, LLC. Smart Authentication, a Dominion Harbor subsidiary and a well-known NPE, declined to file a preliminary response in opposition to Unified’s petition. The ’213 patent, directed to a user authentication system, has been asserted against such companies as MongoDB, Slack Technologies, Evernote, Etsy, Discover and USAA.”

We have meanwhile learned from this tweet that Intellectual Ventures (IV) passed some patents to Google. “According to USPTO assignment records,” IAM wrote, “Google has picked up a couple of patents from IV. After recent RPX deal shows growing band of buyers looking at IV assets…”

This patent troll, Intellectual Ventures, attacks Federal Express in the “Rocket Docket” of trolls (EDTX, Judge Gilstrap), based on this new Docket Report about a lawyer falling ill. “The court deferred ruling on defendants’ motion to substitute one of its experts and appointed a special liaison to help determine whether the expert would be able to proceed at trial,” Docket Navigator wrote. What looks like another patent troll now sues Huawei in Texas (the “Rocket Docket”, EDTX again), based on this other new Docket Report:

The court granted defendant’s motion to strike portions of the report of plaintiff’s infringement expert regarding previously undisclosed secondary considerations of nonobviousness.

Another Microsoft-backed troll, Finjan, was mentioned the other day. “News of a big settlement between Finjan and Symantec including a $65m payout to the NPE and a possible additional payment of $45m,” IAM wrote.

Symantec is a Microsoft competitor, one of many that are being targeted by this troll. Does Microsoft expect nobody to notice Finjan's track record? While it’s selling 'protection' from such trolls?

Glyn Moody at Linux Journal has in fact reminded readers what Microsot did a decade ago in an effort to target every GNU/Linux distributor out there. To quote:

Its general strategy was to spread FUD (fear, uncertainty and doubt). At every turn, it sought to question the capability and viability of open source. It even tried to convince the world that we no longer needed to talk about free software and open source—anyone remember “mixed source”?

Alongside general mud-flinging, Microsoft’s weapon of choice to undermine and thwart open source was a claim of massive patent infringement across the entire ecosystem. The company asserted that the Linux kernel violated 42 of its patents; free software graphical interfaces another 65; the OpenOffice.org suite of programs, 45; and assorted other free software 83 more. The strategy was two-fold: first to squeeze licensing fees from companies that were using open source, and second, perhaps even more important, to paint open source as little more than a pale imitation of Microsoft’s original and brilliant ideas.

The patent battle rumbled on for years. And although it did generate considerable revenues for the company, it failed dismally in its aim to discredit free software.

Why was Microsoft never subjected to any antitrust scrutiny over it? Right now Microsoft does pretty much the same things, albeit indirectly. Recall the never-heard-of-before Provenance Asset Group (Microsoft may be in the shadows, as we explained before [1, 2]). It is now distributing/scattering patents from Nokia, whose patents Microsoft already instructed Nokia to pass to patent trolls in the past. “Provenance Asset Group has published details of several lots of Nokia/Alcatel-Lucent patents it’s selling,” wrote a former IAM writer (link to the relevant page). Belatedly, this strange little entity names Dan McCurdy, Timothy Lynch, Linda Biel, and Laura Quatela as staff. Some have background in Alcatel-Lucent. RPX is mentioned there also. Microsoft too was a member of RPX until recently.

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. Much Ado About Senators Tillis and Coons (Who Failed in 2017 and in 2018)

    The patent microcosm is attempting to buy laws that supersede the US Supreme Court (SCOTUS) and remove/weaken U.S.C. § 101 as well as PTAB while their blogs and sponsored 'articles' serve as lobbying vehicles



  2. European Patents Are Eventually Being Revoked. But at Great Expense to Everyone Except Law Firms.

    European Patent EP2724461 is revoked; but the cost of this chaos, which included an invalid embargo, could well be measured in billions, not millions



  3. Team Campinos Will Try to Make It Difficult to Go on Strike (But Won't Manage to Prevent It)

    The European Patent Office has a long and growing tradition of failing to respect staff's rights, including the right to go on strike (over violations of other rights of staff)



  4. Links 25/5/2019: Wine 4.9 Released, FreeBSD 11.3 Beta, Telegram Launches Fift

    Links for the day



  5. Links 24/5/2019: PostgreSQL 12 Beta 1 and Rust 1.35 Released

    Links for the day



  6. EPO Strikes Further Diminish Chances of UPC Ever Materialising (in Any Shape or Form)

    The EPO crumbles under the weight of its own corruption while an increasingly-insane Team UPC pretends all remains normal and a patent trolls-friendly system is ready to take off



  7. EPO Allegedly Becoming Insolvent (Pretext for Cuts), So Staff Gets Punished While Management Takes the Jackpot

    The corporate 'logic' at the EPO follows the "shareholders' value" propaganda line as if the EPO is a private company looking to maximise revenue rather than serve the public



  8. EPO President Still Not Obeying Courts' Rulings

    Federation of International Civil Service Associations (FICSA) sent a message to António Campinos yesterday (the same day SUEPO publicly made a call for strike)



  9. António Campinos Has Run Out of Time and EPO Staff is Going on Strike (Skipping Mere Protests)

    European Patent Office strikes are to resume; as SUEPO recently put it, people have come to accept that EPO leadership has not really changed and none of the underlying issues is being tackled



  10. Links 23/5/2019: Elisa 0.4.0, OpenSUSE Leap 15.1 Released

    Links for the day



  11. Links 22/5/2019: Mesa 19.0.5, Huawei and GNU/Linux, Curl 7.65.0, End of Antergos, Tails 3.14, ownCloud Server 10.2, Firefox 67.0

    Links for the day



  12. Quality of Patents is Going Down the Drain and Courts Have Certainly Noticed

    Uncertainty or lack of confidence in the patent system has reached appalling levels because heads of patent offices are just striving to grant as many patents as possible, irrespective of the underlying law



  13. EUIPO and EPO Abuses Growingly Inseparable

    'Musical chairs' at CEIPI and the EPO/EUIPO (Battistelli, Archambeau, Campinos) as well as joint reports never fail to reveal the extent to which EPO abuses are spreading



  14. Links 21/5/2019: China's GAFAM Exit, DragonFlyBSD 5.4.3

    Links for the day



  15. Links 20/5/2019: Linux 5.2 RC1, LibreOffice 6.3 Alpha, DXVK 1.2.1, Bison 3.4 Released

    Links for the day



  16. South Korea's Government Will Show If Microsoft Loves Linux or Just Attacks It Very Viciously Like It Did in Munich

    Microsoft's hatred of all things GNU/Linux is always put to the test when someone 'dares' use it outside Microsoft's control and cash cows (e.g. Azure and Vista 10/WSL); will Microsoft combat its longstanding urge to corrupt or oust officials with the courage to say "no" to Microsoft?



  17. Links 19/5/2019: KDE Applications 19.04.1 in FlatHub and GNU/Linux Adoption

    Links for the day



  18. The War on Patent Quality

    A look at the EPO's reluctance to admit errors and resistance to the EPC, which is its very founding document



  19. Watchtroll, Composed by Patent Trolls, Calls the American Patent System “Corrupt”

    Another very fine piece from Watchtroll comes from very fine patent trolls who cheer for Donald Trump as if he's the one who tackles corruption rather than spreading it



  20. Unified Patent Court Won't Happen Just Because the Litigation Microcosm Wants It

    Unified Patent Court (UPC) hopefuls are quote-mining and cherry-picking to manufacture the false impression that the UPC is just around the corner when in reality the UPC is pretty much dead (but not buried yet)



  21. Links 17/5/2019: South Korea's GNU/Linux Pivot, Linux 5.1.3

    Links for the day



  22. Q2 Midterm Weather Forecast for EPOnia, Part 4: Happy Birthday to the Kötter Group?

    This year the Kötter Group commemorates the 85th anniversary of its existence. But is it really a cause for celebration or would a less self-congratulatory approach be more fitting? And does it create the risk that a routine tendering exercise at the EPO will turn into Operation Charlie Foxtrot?



  23. Links 16/5/2019: Cockpit 194, VMware Acquires Bitnami, Another Wine Announcement and Krita 4.2.0 Beta

    Links for the day



  24. The EPO's Key Function -- Like the UPC's Vision -- Has Virtually Collapsed

    The EPO no longer issues good patents and staff is extremely unhappy; but the Office tries to create an alternate (false) reality and issues intentionally misleading statements



  25. Stanford's NPE Litigation Database Makes a Nice Addition in the Fight Against Software Patent Trolls

    As the United States of America becomes less trolls- and software patents-friendly (often conflated with plaintiff (un)friendliness) it's important to have accurate data which documents the numbers and motivates better policy; The NPE (troll) Litigation Database is a move towards that and it's free to access/use



  26. Q2 Midterm Weather Forecast for EPOnia, Part 3: “Ein kritikwürdiges Unternehmen”

    A brief account of some further controversies in which the Kötter Group has been involved and its strained relations with German trade unions such as Verdi



  27. EPO Had a Leakage Problem and Privacy of Stakeholders Was Compromised, Affecting at Least 100 Cases

    The confidentiality principle was compromised at the EPO and stakeholders weren't told about it (there was a coverup)



  28. Links 15/5/2019: More Linux Patches and More Known Intel Bugs

    Links for the day



  29. False Hope for Patent Maximalists and Litigation Zealots

    Patent litigation predators in the United States, along with Team UPC in Europe, are trying to manufacture optimistic predictions; a quick and rather shallow critical analysis reveals their lies and distortions



  30. The Race to the Bottom of Patent Quality at the EPO

    The EPO has become more like a rubber-stamper than a patent office — a fact that worries senior staff who witnessed this gradual and troublesome transition (from quality to raw quantity)


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