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02.05.12

OpenStack, Microsoft, Junk Patents, Microsoft Copyrights, and Oracle Copyrights

Posted in GNU/Linux, GPL, Microsoft, Mono, Oracle, Patents at 10:27 am by Dr. Roy Schestowitz

Building an “open” stack with proprietary Microsoft?

Stones tower

Summary: Another look at the OpenStack situation, why Microsoft should not be allowed to enter, and more about patent and copyright complications

SOME days ago we wrote about OpenStack's situation when it comes to Microsoft. Later we showed what Microsoft boosters were doing to spin it as good news. Well, according to this new article:

OpenStack is supposed to be a vendor agnostic open community for building an open source cloud stack. And it is, unless you don’t pull your own weight- or if you’re Microsoft.

I know there is plenty of vitriol in the open source world towards Microsoft and certainly some of that has now surfaced in the OpenStack community.

OpenStack is now removing the Hyper-V capabilities from its stack, after Microsoft didn’t maintain the code. That happens in projects all the time, just think about the Linux kernel where Microsoft has had similar challenges and hey for that matter so has Google.

The hostility towards Microsoft has a lot to do with this monopolist’s continued attacks on Open Source projects. We need not whitewash Microsoft here or claim the above to be an irrational move of irrational hatred. Never mind the fact that Hyper-V is proprietary and not open. Microsoft continues to attack Linux with all sorts of proxies like SCO as well as patent trolls. There are those who wish to just abolish it all, especially patents. Realising the idiocy of many patents, there are some who speak about the harms of patents as a whole, not just software patents. To quote:

“Is this Patent full of crap?”

[...]

The ideas are those of patent lawyer Andrew Schulman, but the story is full of insight on a patent lawyer’s thinking and offers real clues into why the patent system is such a mess–complexity compounded, full of precedents that ordinary humans will find puzzling at best.

Earlier we wrote about many patents becoming just junk. Even Oracle seems to be moving further away from patents and is now trying to use copyrights against Android. Quoting Groklaw:

Today is the due date for Dr. Cockburn’s third attempt at a damages report on behalf of Oracle, and just to make sure Oracle knows what needs to be submitted, Judge Alsup has issue a reminder order. (709 [PDF; Text]) The judge wants to see not only the report but also all of the related reports and studies that support it.

Let’s remember that Microsoft has put code with its copyrights inside Linux and the same goes for Mono. They try to make those things more adaptable to Microsoft’s proprietary software. In the case of Mono, there is lawsuit risk too. Anything with Microsoft in it tends to be tainted. Just see what happened with FAT.

02.03.12

Longtime SUSE Executive Holger Dyroff Moves on, SUSE in a Bad State

Posted in GNU/Linux, Novell, OpenSUSE at 11:38 am by Dr. Roy Schestowitz

Novell being emptied, then SUSE

Glass

Summary: Key people continue to leave SUSE and the distribution is left without a compelling sales pitch

THE brain drain at SUSE continues as many of the familiar names, not just Greg K-H, are leaving the Microsoft-funded SUSE. It’s funny that some of them will be serving SUSE’s competition, e.g. by maintaining a kernel from RHEL for 10 years.

None of this exodus should be surprising to people who have followed SUSE in recent years (as we have). The project lost momentum, it has become quiet, and Attachmate seems reluctant to invest much in it (more on Attachmate’s financial problems later). One of the executives of SUSE moves on to join other former SUSE executives:

ownCloud Inc., the commercial entity behind the popular open source file sync and share project, announced today that former SUSE executive and ownCloud co-founder Holger Dyroff, has joined the company as vice president, sales and marketing.

There are other SUSE people in there, as we showed in the past. And to quote a very recent article from CMS Wire:

ownCloud was formally founded last year, and in December the project announced that former SUSE and Novell executive, Markus Rex, would be joining the company as CEO and CTO.

Basically, SUSE has lost a lot of its leadership. Those who deny this would struggle to put together a counter-argument. Here at Techrights we faced the facts when Microsoft and Novell lied to the world about their patent deal and we still adhere to realism in this age of excessive PR and spin.

As Sean Michael Kerner put it the other day, one of the people behind OpenSUSE “Gives SUSE the Boot” and:

The move means that he’s leaving SUSE – that’s right kaput, no more SUSE for him.

He is one of the key people behind OpenSUSE’s formation, so all that’s left of the project is some tiny community and under-funded SUSE (partly funded by Microsoft). Here is an example of volunteer work:

I’ve been playing around a bit with SUSE Studio and I’ve created ‘moniz’, a openSUSE 12.1 based image with Cinnamon as default Desktop Environment. Currently it’s in a very Alpha state and it’s mainly the result of a series of tests to the functionality of SUSE Studio. I’m going to work more on this but locally using Kiwi.

OpenSUSE hopes to emulate the success of a two-men project, Linux Mint (maybe more than two people in practice). This is a sad testament to the weakness of OpenSUSE/SUSE, which was a leading distribution because Novell signed that treasonous deal with Microsoft. Not so long ago OpenSUSE suffered repeated downtimes and now it is getting new certificates, presumably for unrelated reasons.

“SUSE has become a mess that GNU/Linux does not need.”The other day we found in YouTube this new video which says: “Not all Open Source Software is free, and not all free software is open source. Open Sourcing Software can be done not just for community, but for security or integration. A sure way to make your software well documented is to provide the source code so that those integrating with your system can see the limitations in the code itself. SUSE Linux from Novell is one such product.”

Like we said before, SUSE is weird when it comes to access to code. Novell hides it or makes it hard to access. If one wants to fork “Microsoft Linux”, e.g. to make a taxless SUSE, there are technical barriers to it, imposed by Novell for years.

SUSE has become a mess that GNU/Linux does not need. Its main purpose now it to replace RHEL with Microsoft tax and more Microsoft APIs.

Groklaw Update on Android Patent Cases and Response to FUD From Microsoft Lobbyists

Posted in GNU/Linux, Google, Microsoft, Patents at 11:26 am by Dr. Roy Schestowitz

Groklaw and SCO ship
Image credited to Groklaw.net

Summary: A few updates of greater importance where the Linux situation is discussed in the context of Android and Novell

THE patent assault on Android is one that we cover here several times per week because Android is perhaps the best example of Linux in the mainstream (criticisms aside) and it helps show the lengths to which Microsoft and Apple would go to derail Linux, even with software patents as we predicted for more than half a decade.

Professor Webbink from Groklaw is perhaps the best source of news about the Oracle vs. Google case, which he claims to be moving along as follows:

Just because the Oracle v. Google case has not been set for trial (and won’t be until at least the time at which Oracle provides its third attempt at a damages report) does not mean the court can’t move the case along, and that is what Judge Alsup has done with his latest order. In an attempt to narrow the issues to be argued at trial, Judge Alsup’s latest order (708 [PDF; Text]) focuses on the copyright issues and directs the parties to provide opening briefs in which they identify each remaining claim of copyright liability and the affirmative defenses to each such claim. In addition, the parties are to identify those issues that should be resolved by the court and those underlying facts that first need to be decided by the jury.

Groklaw continues to face a barrage of FUD from Microsoft boosters who continue to spin/modify the news (in this case about OpenStack wanting to toss Microsoft out) and Microsoft lobbyists who are distorting the story about the ITC and then seeding disinformation in the corporate press along with pro-Microsoft blogs. Pamela Jones from Groklaw debunks the nonsense and explains:

I’m seeing a couple of articles about an initial determination by the ITC against Barnes & Noble on its patent misuse defense, and there’s quite a lot of spin on the ball, thanks to the usual suspects. They are reading a lot into a title of a sealed document. I see many misstatements.

So I’ll explain a little about the process, so you can understand it. For one thing, the title of the sealed ITC initial determination is called an *initial* determination for a reason. It means it isn’t final. The final one comes later. Initial determinations can be reviewed by the full ITC if the defendant petitions for review and even one Commissioner says yes.

Litigation isn’t like football. It is rarely suddenly over.

Most importantly, the materials and depositions Barnes & Noble is seeking in discovery from Nokia and MOSAID have not yet arrived, although the ITC did grant Barnes & Noble’s motion to ask Finland and Canada to provide them, and that’s still ongoing, so there is likely more to go, even at the ITC. So with those materials not yet in hand, Microsoft’s statement today that this means the defense is meritless is… well… to put it kindly premature. I mean, if a determination is made without the complete record being available, what does it mean?

The case is important because it’s about Microsoft’s patent abuses against Android, as well as some of the patent trolls Microsoft is using. Last year we wrote a great deal about Novell’s patents, which went to CPTN, i.e. to Microsoft, Apple, Oracle, and EMC (3 of these are Android foes). Here is a new article about the Department of Justice. Part of it says:

Another example of international cooperation was the Antitrust Division’s close cooperation “with the German Federal Cartel Office on the acquisition of certain patents and patent applications from Novell Inc. by CPTN Holdings (a holding company owned by Microsoft Inc., Oracle Corp., Apple Inc. and EMC Corp.). This was the first merger enforcement cooperation the Division had had with Germany in 20 years.”

Novell became just a pile of patents, which gave Microsoft ammunition with which to threaten UNIX/Linux. The authorities needed to step in after the OSI and FSF had filed a formal complaint. Here is the story of another company which rapidly becomes just a pile of patents. It says: “Remember, back in August, shortly after Google’s purchase of Motorola, Kodak looked like the next company in line for an IP-driven payday. Analysts looking at the high valuations of the Novell, Nortel and Motorola portfolios estimated Kodak had $3 billion in IP assets alone: with a market capitalization of just $700 million, it seemed like easy money. Kodak’s stock rose accordingly in anticipation of a white knight around the corner.”

This is of course not innovation. It’s a case of virtual “goods” being used to make lawyers richer and interfere with fair competition.

Novell, by the way, has just been assigned another patent, according to this roundup from January 22nd. Any new patents in Novell’s hands might eventually be passed to Linux foes, not the OIN.

02.01.12

Bill Gates is Hijacking Open Source While Attacking It Using Lobbyists, Patents, and Patent Trolls

Posted in Apple, Bill Gates, GNU/Linux, Google, Microsoft, Oracle, Patents at 6:33 pm by Dr. Roy Schestowitz

Microsoft's Mueller

Summary: Response to reputation laundering from Wired Magazine, the latest nonsense from Microsoft’s lobbyist Florian Müller, an update on Microsoft’s trolling against Android, and a little more of Apple’s

WE are quite cynical about the corporate press. It has become abundantly clear that journalism is dying and instead it gets accommodated/replaced by the PR industry, working at the behest of rich people with an agenda and a nickel for any press still willing to bend over (independent press is likely to perish in the process). Like a husband who tells the policeman or the judge that he deeply loves the woman whom he beats up daily, Bill Gates/Gates Foundation would love for us to believe that he is a master of Open Source. Yes, and Cade Metz trying to portray these racketeers as friends of Open Source (whitewashing Gates at the same time). Why would anyone with integrity do reputation laundering for a criminal and his company that commits acts of extortion? Even Gutierrez gets characterised positively:

But that afternoon was different. At the invitation of the company’s chief legal minds — Smith and Gutierrez — Ramji sat down with Gates, chief software architect Ray Ozzie, and a few others to discuss whether Microsoft could actually start using open source software. Ramji and Ozzie were on one side of the argument, insisting that Microsoft embrace open source, and Gutierrez offered a legal framework that could make that possible. But other top executives strongly challenged the idea.

Then Bill Gates stood up.

No, Bill Gates has been attacking Open Source for a very long time. Remember that Letter to Hobbyists? And all those court exhibits we showed? We oughn’t allow history to be rewritten like this. Over at Free Software Daily, the modified headline of this article states “Meet Mobster Bill Gates, the Man Who Charges Open Source Software even if is free Android Linux” (the original is troll article that attracted many comments, for being more inflammatory than sane).

Microsoft is currently feeding patent trolls in order to attack Linux. Microsoft does not have enough ammunition to attack Linux, so it uses help from the outside.

Pamela Jones, over at Groklaw, writes more about the case that seeks to expose MOSAID, a patent troll that Microsoft is feeding. To quote part of the analysis:

B&N and Microsoft have come to an agreement about Steve Ballmer’s participation in the Microsoft v. Barnes & Noble action at the ITC. They were arguing about it, and they’ve now agreed that Ballmer will not have to testify live at the ITC hearing, currently scheduled for February. Instead, B&N will present designated portions of his deposition, and Microsoft’s lawyers have sent a letter [PDF] to the ITC stating officially that it withdraws its motion for a protective order, attaching to the letter a proposed schedule on the parties’ next steps in figuring out exactly what each side wants in the way of details. This means there will be no further motion practice on the live testimony issue.

[...]

Microsoft is also opposing Barnes & Noble’s request that the record be held open to include Nokia and MOSAID’s evidence, if Barnes & Noble is finally able to get it. And they parties continue to try to whittle into shape what each may use as evidence.

Lots of sealed filings, once again. But don’t worry. By hook or by crook, we usually find out in due time what the filings were about.

I had a chance to talk to Andy Updegrove, of Standards Blog, who as you probably know is a lawyer who does patent work in the standards area. I wanted to pick his brain, because the 2000 patents Nokia sold to MOSAID relate to standards, according to their statements. Just how many patents could possibly be required for a phone to be built? Surely not 1,200 out of the 2,000, I was thinking. Yet, that is the claim.

[...]

He suggested that we read some Department of Justice ‘business review letters’ on patent pools, because a patent pool is an example of multiple patent owners getting together to agree on a price for technology required to implement a standard. That’s not exactly what Microsoft, Nokia and MOSAID say they are doing, but we’re getting warm. You get to read in the letters the way the pool participants set the pool up, what safeguards they took (in the request letter), and the way the DoJ analyzed the request and either approved, qualified, or rejected the request. The controls traditionally include hiring a third party expert to review each supposedly essential claim and determine whether it’s valid, whether it’s essential, and what it’s worth relative to the other essential claims. So he thought we might find it interesting to look at what a legal pool looks like, and then we can contrast that to the actual conduct that is being alleged here.

This case has not been decided yet, but it does help shed a lot of light on Microsoft’s racketeering.

The known Microsoft boosters and even lobbyists (whom they cite) try to make us believe that it’s all over and Microsoft is innocent. Some people fall for it. They also push this tripe into Slashdot with all the bias and misdirection. As Homer put it in USENET, we should just ignore the Microsoft lobbyist. To quote: “Note this is only the conclusion drawn by Microsoft’s pet shill, Florian Müller (who’s now openly on Microsoft’s payroll), and he drew this stunning conclusion from just the /title/ of a docket he doesn’t even have access to, because it’s still under seal.

“It’s also, as the title suggests, just an “Initial Determination”, and may yet be disputed by the DOJ – a fact Müller chose to ignore. He also chose to ignore several of B&N’s valid complaints that might yet cause
the DOJ to overturn this conclusion, even if it turns out to be true and “final”, such as Microsoft deliberately withholding prior art in its various patent applications, and using NDAs to cover up extortion, under
the pretext of “secrets” that are in fact a matter of public record (as all patents are required to be by law). But instead he portrayed B&N’s complaint as futile, because:

“For example, Barnes & Noble claimed that Microsoft asked for excessively high patent license fees, but the OUII quoted passages from U.S. law (statutory as well as case law) that clearly said that patent law doesn’t require a patent holder to grant a license on any terms.”

“Then he completely ignores all the other key points (above). This seems to be the entire basis for his pessimism (or I should say “optimism”, since it’s clear whose side he’s on).”

Microsoft is feeding lobbyists and trolls and it’s easy to see this. Apple is said to have been sued by trolls again, but since Apple itself acts like a patent troll we have no sympathy for it. To quote:

A patent troll is going after Apple for patent infringement of an “electronic alignment system”.

Apple’s spiritual leader’s friend, Larry Ellison, is still attacking Android with patents that he got from Sun. Google gets another opportunity.

Mr. Pogson summarises: “Google argues that Oracle’s experts are not expert as they had no intimate knowledge during deposition.”

Basically, it seems like Oracle’s patent case against Android will be coming to an end. Maybe a copyright allegation alone will be left, so think along the lines of SCO.

OIN is meanwhile growing strong:

OIN today announced a remarkable increase in the size of its community of licensees during 2011 as licensees seized the opportunity to benefit from the value of the growing OIN community and the freedom of action enabled by OIN’s royalty free licensing program. During 2011, OIN’s community grew to over 400 corporate licensees, a more than 60% year over year increase. OIN licensees, which include founding members and associate members, benefit from the leverage provided by a patent portfolio dedicated to the protection of Linux and access to enabling technologies through OIN and shared intellectual property resources.

What’s baffling is that Oracle is in the OIN. It never ought to have attacked in the first place, but maybe it was a favour to the thermonuclear CEO, Larry Ellison’s “best friend” (by his own words). It is not a far fetched hypothesis.

Greg Kroah-Hartman Exits SUSE

Posted in GNU/Linux, Kernel, Microsoft, Novell at 11:40 am by Dr. Roy Schestowitz

Exit

Summary: The Microsoft-funded SUSE will no longer pay Greg K-H’s wage, the Linux Foundation will

THE BEST known SUSE developer is arguably Greg Kroah-Hartman. He is dissociating himself from Novell/Attachmate/SUSE starting just about now. He won’t be indirectly funded by Microsoft anymore.

What exactly is happening then?

Instead, he will be funded by Linux backers like IBM and Red Hat. To quote a Microsoft booster:

Greg Kroah-Hartman, maintainer of the Linux kernel’s stable branch and the Linux driver project, is leaving his position with SUSE to join the Linux Foundation in a full-time fellowship role. Kroah-Hartman will now have more time to oversee kernel development and work with the Linux community, while leaving aside the responsibility of working for a vendor. (The SUSE Linux project was owned by Novell, and now Attachmate.)

“There were no direct conflicts working for SUSE, as the people there understand how important the individual developer, and their voice, is in the Linux community,” Kroah-Hartman told Ars this week in an e-mail interview. “But, working in a vendor-neutral environment like the Linux Foundation allows me to spend a larger amount of time interacting with other companies and vendors, as well as helping Linux out in environments that were not necessarily the focus of my previous employer.”

He was one of the main people behind OpenSUSE’s creation. This distribution lost its way. All they have to talk about now is wallpapers:

On a related note, Silva also divulged the wallpaper for openSUSE 12.2. Very much in character of most openSUSE default backgrounds, it’s an attractive, tasteful, and professional choice. Marcus Moeller’s “”Lightray” earned the honor by receiving the most votes in a recent opinion poll.

When OpenSUSE runs polls there are hardly any participants. SUSE will most likely be forgotten in several years. Many of its key developers have already moved on (we covered the departures of selected few). Now they lose the association with Greg Kroah-Hartman — one that they used to take pride in.

01.30.12

Android’s Defence of Self From Apple, Patent Extortion Proxies, and Microsoft Lobbyists

Posted in Apple, GNOME, GNU/Linux, Microsoft, Oracle, Patents at 3:52 am by Dr. Roy Schestowitz

Microsoft's Mueller

Summary: Another quick look at the patent play against Android/Linux and who is behind it

Regarding a story that was mentioned here before (because Microsoft lobbyists were trying to spin it ) Muktware states that it should really be blamed on Apple’s own aggression, not on Google or Android:

Apple has created a hostile environment in the mobile world by dragging almost every Android player to the court. We are noticing that Apple has started to lose legal battles in the courts, which is a good sign for the growth of the industry. Apple has used every kind of patents they can, even the rectangular design of a tablet, to exhaust their competitors and monopolize the market. Now, the tables have turned, Motorola, the inventor of cell phones has sued Apple, seeking an injunction against the iPhone4S and the iCloud.

This is a deterrent against Apple’s attacks. Nokia, having signed a deal with Apple and Microsoft, proceeds to feeding patent trolls as we covered last week:

Nokia sells more than 450 patents to patent troll

Following a long history at the forefront of the wireless industry, Nokia holds more than 30,000 patent licenses and applications. On Thursday, the Finnish vendor’s portfolio was confirmed to be slightly lighter as patent troll Sisvel International announced that it had acquired more than 450 Nokia patents.

It would not be shocking if Sisvel went after Android vendors, along with MOSAID (also fed by Microsoft/Nokia). Nokia is controlled by Microsoft and Apple signed an agreement with Nokia last year. Nokia itself, led by a mole from Microsoft, keeps imploding based on this news:

Nokia’s Windows Phones not selling

Nokia Oyj reported a 73 per cent fall in fourth-quarter earnings as sales of its new Windows Phones failed to dent the dominance of Apple Inc.’s iPhone or compensate for diving sales of its own old smartphones.

Apple itself cannot quite get its way causing an embargo against Android; there are new software patents coming from Apple, but patent proxies (perhaps Oracle too) are likely to come. Here is a new article that speaks of a new Apple patent: “This SDK would act as a sort-of “interpreter” of language between a mobile device and another gadget. It would make it possible for accessory makers to build apps for the iPhone or iPad that could communicate directly with their devices. For example, it would be like using your phone to control a desktop radio.”

A Microsoft lobbyist, Florian Müller, is working to weaken (at least in the press) the case for Android by feeding Android-hostile claims (fuelled by Apple), but fortunately enough not many journalist pay attention to him anymore (all the stories, including this latest one are consistently anti-Android). Perhaps they finally realised who was paying his wage. He is still a lobbyist for hire.

01.25.12

Patents Roundup: Oracle, Microsoft (via MOSAID), and Apple Lawsuits Against Linux/Android

Posted in Apple, GNU/Linux, Google, Microsoft, Oracle, Patents at 9:38 am by Dr. Roy Schestowitz

Some businessmen

Summary: A collection of news about the litigious challenges from monopolists against Linux in the mainstream

THERE IS something about the patent system that nobody can miss. Its main proponents and benefactors are those greedy patent lawyers who want to put their tentacles on real work and tax it. People who file those are typically those patent lawyers who somehow convince technical people that they need a monopoly. In the case of multinational mega-corporations, those monopolies might make business sense, but what about the rest of the businesses?

Patent trolls further complicate the situation because all they do is raise the price of everything and promote no agenda of a producing company (quite the contrary in fact). One new article asks, are “Legal: Ecommerce Owners Liable to Patent Trolls?”

To quote:

There has recently been an increase in the number of patent claims against website developers and operators. The claims are based on “business method” and software patents for various functions of a website, such as drop-down menus, site search, and other common functions. Many of these functions are in common use by many developers, who do not know that the software or method they are using is covered by a patent. Many of these patents are old, and developers have furthered website development using their functions to create new technologies, which are still covered by the patent. In addition, searching patent registrations to determine if your website is infringing on an issued patent is difficult, time consuming, and expensive. “Patent trolls” are patent owners that take advantage of the difficulties of finding a patent, and lie in wait for someone to use their technology without realizing it is covered by the patent owners rights under their patent.

The USPTO has widened the scope of patentability to the realms of the absurd. Sun Microsystems engineers used to joke about it and see how absurd a patent application can pass muster. Later on their patents ended up in Oracle’s hand to attack Linux/Android. Regarding this case, Groklaw writes:

With that short statement [PDF] Oracle advised the court today that it will undertake a third attempt to produce a satisfactory damages report and that it will do so in compliance with the orders of the court. I have no doubt they will produce the report. Whether they will be able to restrain themselves in the manner directed by the court remains to be seen. If past history is any indication, don’t hold your breath.

Oracle is trying to make Android more expensive. Along with Oracle we have Microsoft and its proxies doing the same thing. One patent troll, MOSAID, is quite clearly such a proxy and Groklaw has this to say about its case against Red Hat:

Facing numerous filings that either seek to dismiss MOSAID’s claims altogether or to block MOSAID from filing a second amended complaint, MOSAID has now responded with a raft of responses. Of course, MOSAID believes the law is on its side and that all parties should remain in the conjoined suit and all of MOSAID’s new claims added in the second amended complaint should be permitted. How the court decides these issues will largely determine whether this ends up as one suit or multiple suits. In any case, don’t expect MOSAID to back down.

Let’s remember Microsoft’s involvement in passing thousands of patents to MOSAID. Then there’s Apple, which launched attacks on Android/Linux (starting with the Apple vs. HTC case), but as another court loss is reached it seems possible that Apple cannot do much:

The lawsuit that Apple slammed HTC with is over and $100 million in legal fees later, Apple have nothing to show for it. Apple have been known to protect their design patents fiercely and in some instances, irrationally and for many who have been following the HTC lawsuit, the same thoughts ring, what exactly was Apple hoping to achieve through the lawsuit?

To quote another report:

The decision was an appeal of a ruling from a lower regional court in August 2011, requesting a temporary injunction. At the time, Apple did win a temporary injunction in the Netherlands. However, it was based on a photo gallery scrolling patent and not design-related patents, which were ruled not to infringe in the ruling on Tuesday.

The British press covered this as well [1, 2], not to mention Android sites that wrongly characterise a Microsoft lobbyist as a FOSS advocate:

After a solid year of courts beckoning to Apple’s call, it would seem that sanity is returning to European benches. Taking a queue from Germany, which is set to reject Apple’s patent case over the revised Galaxy Tab 10.1N, a Dutch court rejected Apple’s final appeal to get Samsung’s tablet banned from sale in the Netherlands. Free and Open Source Software advocate Florian Mueller reported the legal news on the FOSS Patents blog. The appeal denial is the latest in a string of many Apple defeats and few victories in the last few months.

Florian is definitely not a FOSS advocate; he is the exact opposite, but he names himself to confuse. He is paid by Microsoft to attack FOSS causes.

01.24.12

Microsoft Media Partners Spin the UEFI Abuses

Posted in Antitrust, GNU/Linux, Microsoft at 1:01 pm by Dr. Roy Schestowitz

Microsoft’s spin is getting old and rusty

Cart wheel

Summary: Another new example of sources that are bribed by Microsoft or allied with Microsoft dismissing the anti-competitive nature of what Microsoft is doing and disseminating insults instead (ad hominem attacks)

THE UEFI tricks that Microsoft uses to harm the competition are not going to make Windows secure. On ARM in particular, Microsoft cannot justify those tricks, e.g. using the “security” excuse. Realising darn well what Microsoft is up to, Katherine writes about the situation, but Microsoft uses its highly biased press partners to whitewash the whole thing. This one come from an author who does not even wish to be identified (which often says a lot) and a publication with Microsoft ties. Microsoft talking points are contained therein and the key development is this:

This argument seemed somewhat settled until Computerworld author Glyn Moody noticed something a little different from Microsoft’s line of argument on page 116 of Microsoft’s “Windows Hardware Certification Requirements” for client and server systems, which bears a publish date of December 2011. On that page, it appears that Microsoft is telling OEMs producing ARM-based machines that secure boot is mandatory, whereas it can be disabled on non-ARM (x86) machines.

The article is designed to discredit those claims and one commenter adds: “In Brazil, the government will be not allowed to buy machines with Secure Boot, since it is against the current legislation by not allowing free concurrence. I see some legal issues in this question…”

It’s not just that. As a Red Hat engineer continues to explain:

The fundamental problem is that UEFI is a lot of code. And I really do mean a lot of code. Ignoring drivers, the x86 Linux kernel is around 30MB of code. A comparable subset of the UEFI tree is around 35MB. UEFI is of a comparable degree of complexity to the Linux kernel. There’s no reason to assume that the people who’ve actually written this code are significantly more or less competent than an average Linux developer, so all else being equal we’d probably expect somewhere around the same number of bugs per line. Of course, not all else is equal.

Even today, basically all hardware is shipping with BIOS by default. The only people to enable UEFI are enthusiasts. Various machines will pop up all kinds of dire warnings if you try to turn it on. UEFI has had very little real world testing. And it really does show. In the few months I’ve been working on UEFI I’ve discovered machines where SetVirtualAddressMap() calls code that has already been (per spec) discarded. I’ve seen cases where it was possible to create variables, but not to delete them. I’ve seen a machine that would irreparably corrupt its firmware when you tried to set a variable. I’ve tripped over code that fails to parse invalid boot variables, bricking the hardware. Many vendors independently fail to report the correct framebuffer stride. And those are just the ones that have ended up on hardware which crosses my desk, which means I haven’t even tested the majority of consumer-grade hardware with UEFI.

UEFI offers no benefits to computer users, especially on ARM-based devices. Microsoft is cheating and then relying on professional liars to cover up with spin. Microsoft never changed.

“Government attorneys accuse Microsoft of using its monopoly position to bully, bribe and attempt to collude with others in the industry, while illegally expanding and protecting its Windows franchise.”

The antitrust case: a timeline

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