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

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

    Links for the day



  2. 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



  3. 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



  4. 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



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

    Links for the day



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

    Links for the day



  7. 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?



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

    Links for the day



  9. 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



  10. 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



  11. 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)



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

    Links for the day



  13. 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?



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

    Links for the day



  15. 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



  16. 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



  17. 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



  18. 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)



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

    Links for the day



  20. 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



  21. 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)



  22. Q2 Midterm Weather Forecast for EPOnia, Part 2: Meet the Kötters

    An introduction to the Kötter Group, the private security conglomerate which is lined up for the award of a juicy EUR 30 million contract for the provision of security services at the EPO



  23. Links 14/5/2019: Red Hat Satellite 6.5, NVIDIA 430.14 Linux Driver and New Security Bug (MDS)

    Links for the day



  24. Links 14/5/2019: GNU/Linux in Kerala, DXVK 1.2, KDE Frameworks 5.58.0 Released

    Links for the day



  25. Q2 Midterm Weather Forecast for EPOnia, Part 1: Urgent Shitstorm Alert

    Experts at the European Patent Office's (EPO) weather observation station have just issued an urgent alert warning about a major shitstorm looming on the horizon



  26. Patents That Were Gleefully Granted by the EPO Continue to Perish in Courts

    The decreasing quality of granted European Patents already becomes a growing problem if not a crisis of uncertainty



  27. Links 13/5/2019: ExTiX 19.5 and GNU Radio Conference 2019

    Links for the day



  28. The Microsoft Guide to the Open Source Galaxy

    Thou shalt not...



  29. Microsoft Would Kill the Goose for Money

    Microsoft is just 'monetising' Open Source by using it as 'bait' for Microsoft's proprietary software; those who we might expect to antagonise this have effectively been bribed by Microsoft



  30. Links 13/5/2019: Nanonote 1.2.0, OpenMandriva Lx 4.0 RC, and GNUnet 0.11.4

    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