05.07.19

Microsoft Will Have You Sued for Not Hosting GNU/Linux on Azure (Paying Rents)

Posted in GNU/Linux, Microsoft, Patents at 4:39 am by Dr. Roy Schestowitz

Air Soft Gun

Summary: Microsoft’s anti-Linux strategy is a hybrid of “embrace” and “tax” (if not amicably then by force); critics are being neutralised by giving them suitcases of cash

BACK a decade (or more) ago we wrote about Novell and Microsoft most of the time. Around 2009 we turned more of our attention to patent trolls and dubious patents that the U.S. Patent and Trademark Office (USPTO) had granted. It wasn’t before 2014 that many of these patents started to collapse in courts, owing to SCOTUS and 35 U.S.C. § 101.

In recent years Microsoft recognised that its patents lacked ‘teeth’ (most of those it is ‘lending’ to OIN), but it threatens Linux OEMs nonetheless, even this year. The Linux Foundation is paid to shut up about it, but that’s another topic for another day*.

“As we explained before, in order for “Azure IP Advantage” to be sell-able (or become a selling point) Microsoft must ensure that many FOSS users get attacked by patent trolls.”“Azure IP Advantage” isn’t even mentioned by the Linux Foundation. Funny, isn’t it? It’s part of Microsoft’s plan to hijack all of GNU/Linux, offering “IP peace of mind” (same stunt it has used since 2006 with Novell). We’ve been writing a lot about this since two years ago [1, 2], but not a single person in the corporate media even touches the subject. Instead they play along with Microsoft PR, such as the loads of nonsense coming out of Microsoft Build this week. We’re putting rebuttals in our daily links (with many editorial comments under the “Openwashing” section or in Tux Machines [1, 2]). We’ve found only one single good article about this.

As we explained before, in order for “Azure IP Advantage” to be sell-able (or become a selling point) Microsoft must ensure that many FOSS users get attacked by patent trolls. Remember the lawsuits filed by Acacia (with former Microsoft chiefs) against Red Hat and others? We have extensive documentation and this timeline. In the article “A Deeper Look at Acacia” by Troll Tracker (Rick the unmasked Cisco patent expert) there was a report of “2 cases filed by Acacia subsidiary Soundview Technologies Inc., 1 in Chicago and 1 in Las Vegas, both by Niro Scavone.” Another old article says: “In 2000, Soundview, an Acacia affiliate, sued Sony, Phillips and 17 other television manufacturers for violating its patent for V-chip technology best known for allowing parents to block certain programming from their home sets. More than a dozen major companies signed licenses for the technology before a federal court in Connecticut ruled in 2002 that TV makers didn’t violate Soundview’s patent. Acacia lost its appeal of the verdict in 2004.”

We don’t know if these lawsuits from Sound View Innovations are the same (or whether “Sound View Innovations, LLC” is a troll offshoot of “Soundview Technologies Inc.”), but a few days ago Bart Eppenauer (ex-Microsoft) of Shook, Hardy & Bacon L.L.P. (yes, Microsoft again, check its chief and founder) was happy to see this patent troll attacking FOSS, perhaps because it helps Microsoft sell Azure (it’s their new business model, Azure IP Advantage) and helps bring more business (litigation) to his firm. The title of his new article is “Sound View Escalates Patent Assault on Open Source Software with New Wave of Lawsuits” and to quote this Microsoft veteran (he was very high level at Microsoft):

Sound View Innovations, an IP licensing company that is quickly becoming a prolific Non-Practicing Entity (NPE), has ramped up its litigation campaign by filing seven more lawsuits in 2019. Similar to the patent lawsuits that it initiated in 2017 against major players like Facebook, Hulu, Twitter and Fidelity, Sound View is again targeting widely used open source software including jQuery and Apache Hadoop. Sound View is also accusing ubiquitous streaming media protocols of patent infringement such as HTTP Live Streaming (HLS) and MPEG-DASH. In January 2019 Sound View filed lawsuits against several media companies such as AMC Networks, CBS Interactive and The CW Network. And in April 2019, Sound View diversified its industry targets by filing patent lawsuits against Walmart and Delta Airlines. With this latest round, Sound View has now filed 13 patent infringement lawsuits since starting its campaign against Facebook in February 2016.

Maybe if these companies had use Azure, Microsoft would indemnify them or tell this troll (apparently connected to Microsoft) not to sue. Microsoft has got ideas; they aren’t pretty. The media is unwilling to write about this strategy, instead showing us with banners that say “Microsoft loves Linux” (remember Steve Ballmer’s own words: “Advertisers, Advertisers, Advertisers”). Perfectly describes today’s Linux Foundation (see footnote below).
____
* Consider the tale of three individuals. Person #1: in the 1980s he created a system which would be used by billions of people every minute of the day. Person #2: in the 1990s he created a kernel for the above person’s system (1). Person #3: created a front group for the person above (2), selling access and branding rights to massive corporations. Question: Who’s poorest and who’s richest (~1,000,000 dollars/annum, tax exempted like the above corporations)?

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

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 25/11/2020: GamerOS and Biden Transition in Motion

    Links for the day



  2. An Orwellian December

    With December around the corner and states tightening the screws on the population (or employers on employees) at least we can look forward to spring



  3. The Non-Technical (or Lesser Technical) Software User That Wants Software Freedom

    Assuming that Free software should care about what users — not only developers — really want (and need) it’s important to understand how they view the current situation (with growing waves of corporate takeover and compromises, even expulsions)



  4. The European Patent Office Should be Run by Patent Examiners (Scientists), Not Politicians

    Europe would be better off (and patent quality much improved) had people with an actual grasp of science and reality were in charge of the EPO, not a money-chasing kakistocracy (which is what we have now)



  5. Member of the EPO's Boards of Appeal Explains Why VICOs (or ViCo/Video Conferences/Virtual 'Hearings') Are Not Suitable for Justice

    It's interesting to hear (or see/read) what people inside the EPO have to say about the "new normal" when they enjoy a certain level of anonymity (to avert retribution)



  6. Open Source Initiative (OSI) Co-founder Bruce Perens: Open Invention Network (OIN) is Protecting the Software Patent System From Reform and OSI Approves Faux 'Open' Licences (Openwashing)

    Richard Stallman was right about the OSI and the fake 'movement' that claims to have 'coined' the term "Open Source" (it wasn't a new term at all; it had been used in another context and the Free software community spoke of things like "Open Hardware" years earlier)



  7. IRC Proceedings: Tuesday, November 24, 2020

    IRC logs for Tuesday, November 24, 2020



  8. Making JavaScript Suck Less

    "Other than that, the first rule of JavaScript is: Do not use JavaScript. But this article is for people who break the first rule."



  9. Microsoft 'Moles' Inside WINE Project? WINE Should Bring Windows Users to GNU/Linux, Not the Other Way Around.

    The press release above (link omitted, it was pinned in several sites) is a cause for concern; after Microsoft infiltrated OSI and the Linux Foundation (both are now GitHub boosters, in effect diverting projects to Microsoft’s proprietary monopoly) it’ll be important to watch this space



  10. Links 25/11/2020: Raspberry Pi 400 With Touchscreens, Animation Framework in GTK/GNOME

    Links for the day



  11. [Meme] Things Will Get Amusing When/If EPO Proceedings Are Cancelled Due to Patent Trolls Suing the Platforms Using Software Patents (Granted by the EPO)

    The management of the EPO is so proud to be granting illegal software patents in Europe; this clear abuse of authority can come back to bite it in the rear



  12. Dr. Bausch Questions the Merits and Claims of EPO Management Regarding ViCo ('Skynet' Virtual 'Courts')

    Few courageous attorneys are willing to speak out about (and against) what EPO management is doing right now, in effect exploiting a public health crisis to override the law, spy on lots of people, outsource legal proceedings to the United States and so on



  13. Links 24/11/2020: Linux 5.9.11, Istio 1.6.14 and LibreOffice 7.1 Beta Released

    Links for the day



  14. Lots of Good News Today

    A quick roundup of news and key developments; most of them are positive and they give us hope



  15. Massive Collective Action Begins at the European Patent Office Today, Demanding Change and Forewarning the Management (Litigation)

    The financial "hoax" at the EPO (taking away money from staff to feed a gambling addiction of managers) needs to stop; staff has begun mass-mailing the management, threatening legal action



  16. EPO Management is Still Distracting From the 'Elephant in the Room' by Corrupting Media and Academia

    Under the EPO's dictatorship the law is being routinely violated; in order for the public to not pay attention or receive mixed messages (resulting in confusion) the EPO is manufacturing so-called 'studies' (which patent offices aren't supposed to do; they should focus on patent-granting while complying with the law)



  17. EPO's Central Staff Committee on Latest Meeting With Office Dictator: “No Meaningful Discussion Could Take Place.”

    Whilst allegedly preparing legal action the staff representatives at the EPO report on the lack of progress after so-called 'dialogues' (merely a false impression of consultation)



  18. Growing Concerns That EPO Staff Has Been Placed Under de Facto House Arrest by an Entirely Unaccountable Office

    "House arrest" is excessive and disproportionate. So says the Central Staff Committee of Europe's second-largest institution (which surprisingly enough the media is failing to properly study and investigate) as it highlights yet more human rights violations.



  19. IRC Proceedings: Monday, November 23, 2020

    IRC logs for Monday, November 23, 2020



  20. Internal Error: Unified Patent Court and Unitary Patent Incompatible With the Constitution and Basic Laws

    The FFII has issued a statement for Members of the Bundestag, Members of the European Parliament, Members of the Council, German Presidency of the EU, Chancellor Merkel, Commissioner Von Der Leyen, Commissioner Reynders, and Battistelli's buddy Breton



  21. The EPO is Using Hype Wave and Buzzword to Promote Illegal Software Patents in a So-Called “Digital Conference”

    The "HEY HI" or "AI" hype is misused by the Office; not just in person but also in webstreams, which basically serve as a vehicle for illegal agenda



  22. Dutch Delegation and German Delegation at the Administrative Council of the EPO Upset at the Office for Secrecy, Working Behind the Scenes to Crush Productive Staff

    Less than halfway through his term at the Office, Battistelli's buddy already faces growing criticism and, according to the Central Staff Committee, he "was emotionally affected by the intervention such that he was not able to effectively reply to the questions of the delegates."



  23. Links 23/11/2020: GNU Guix 1.2.0, Evaluating Precursor’s Hardware Security, Kdenlive 20.08.3, Kodi 19.x Beta, Vulkan 1.2.162

    Links for the day



  24. Links 23/11/2020: Linux 5.10-rc5, GIMP Turns 25, 4MLinux 34.2, Escuelas Linux 6.11, MPV Player 0.33

    Links for the day



  25. How to Put on Airs of Professionalism Like a Boss

    "Boardroom suits are not meant to be flashy, but to conform. Simple lines and smart ties -- the opposite of what Richard Stallman would wear, show that you are either a well-machined cog or a serious adversary."



  26. IRC Proceedings: Sunday, November 22, 2020

    IRC logs for Sunday, November 22, 2020



  27. Legal Action at the European Patent Office (EPO) Leveraged Against Management... for Robbing EPO Staff and Robbing Europe, by Extension

    The EPO is being looted for its value; the staff is rightly concerned and there’s legal action on the way, filed reluctantly as there’s clearly no other option (a last resort/necessary recourse)



  28. Cory Doctorow at Privacy Week 2020 on DRM, Freedom/Software Freedom, Regulation, Etc.

    “We Used To Have Cake, Now We’ve Barely Got Icing” by Cory Doctorow.



  29. Links 22/11/2020: KaOS 2020.11, Calindori 1.3, KStars 3.5.0

    Links for the day



  30. New Position Paper on the Unified Patent Court (UPC) Says It's “Not the Best Solution for Europe” -- Clearly an Understatement

    UPC proponents (profiteers) aren't enjoying support anymore; not only has progress stalled (come to a complete stop) but the whole debate about the UPC (or anything conceptually like it) turned toxic and negative because facts come out, overriding lobbyists of litigation giants


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