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10.20.14

Is It Google’s Turn to Head the USPTO Corporation?

Posted in America, Google, IBM, Patents at 4:36 am by Dr. Roy Schestowitz

Michelle Lee
Photo from Asian Pacific Fund

Summary: The industry-led USPTO continues to be coordinated by some of its biggest clients, despite issues associated with conflicting interests

IT IS no longer just rumour or suspicion that USPTO nominates Lee as new director. This is possibly going to result in an appointment, showing us yet again that corporate stewards are truly in charge of the government, not just in the United States. Industrial bodies are full of “revolving door”-type scenarios and altercations.

This probably is not as bad as nominating Philip Johnson (it didn't go down well) or David Kappos from IBM (both big and vocal proponents of software patents), but it’s still not a good thing, either. As we showed in past years, Google had hired many patent lawyers rather than fight software patents; Michelle Lee may therefore be part of the problem. Not much is known about her to Wikipedia. He career at Google was very short (going back to when Google hired patent lawyers) and her career before this is not even mentioned. We wrote about her when she was appointed and even in 2012 when sources said she might lead a Silicon Valley patent office (hence software patents). According to a USPTO press releases, “Lee worked as a computer scientist at Hewlett-Packard” (a proponent of software patents). But much of the private sector stuff is usually omitted. To quote this press release: “Prior to becoming Director of the Silicon Valley USPTO, Lee served two terms on the USPTO’s Patent Public Advisory Committee, whose members are appointed by the U.S. Commerce Secretary and serve to advise the USPTO on its policies, goals, performance, budget and user fees.”

A site that acts as a CCIA front (as well as CCIA itself) and which wrote about her before has worked with Google and for Google, so no wonder it endorses Michelle Lee. CCIA is more concerned about patent trolls but not about abuse by its members (such as Microsoft), so it continues to treat only small abusive companies as the problem, e.g. for lack of evidence. Here is what the CCIA front said:

The White House announced yesterday that it’s nominating current Deputy Director Michelle Lee to be Director of the USPTO. By all accounts, she’s done a good job during a difficult time at the USPTO. This is definitely a smart move by the Administration.

How about appointing someone who is not supporting software patents and has not come from companies that accumulate software patents? Well, that might be too “revolutionary” for the USPTO and for the White House to do.

10.13.14

SCOTUS May Soon Put an End to the ‘Copyrights on APIs’ Question While Proprietary Giants Continue to Harass Android/Linux in Every Way Conceivable

Posted in Google, Oracle, Patents at 1:56 pm by Dr. Roy Schestowitz

Summary: Google takes its fight over API freedom to the Supreme Court in the Unites States and it also takes that longstanding patent harassment from the Microsoft- and Apple-backed troll (Rockstar) out of East Texas

“Google makes a series of compelling points in its petition,” writes Simon Phipps in relation to Google’s defence against Oracle (SCOracle, continuing the tradition of SCO’s copyrights misrepresentation). Google has found some material errors in interpretation of laws/cases, citing the corrupt CAFC with its utterly ridiculous ruling that we covered at the time. “These points alone seem strong to me,” says Phipps, “[b]ut Google also says CAFC has made a serious error that ignores the precedent of earlier SCOTUS decisions and violates the distinction between copyright and patent as monopolies.

“On the first point, Google refers back to the SCOTUS Lotus v Borland case in 1996. Google points out that “methods of operation embodied in computer programs are not entitled to copyright protection,” then asserts that the Java class APIs are a method of operating the Java class implementations. Since Android’s implementations of the Java APIs are Google’s original work, the company claims copyright does not apply.”

Oracle in the mean time is grabbing some talent from Google and it is not yet clear if there will be a SCOTUS case (the request for appeal may be denied). It is clear that CAFC does not understand software APIs or maybe it is just too corrupt (which becomes an accepted view these day), so this appeal has merit. As Pogson explained: “Copyright should not apply to other’s works. If you write software to work with some API, no other authour should be able to forbid that or to tax that. Yet, that’s what Oracle wants to do and they found a lower court that agreed with that despite that being an illegal extension of copyright to others’ work. Stranger still, Java is FLOSS…”

Here is some of the earliest coverage:

The legal fracas started when Google copied certain elements—names, declaration, and header lines—of the Java APIs in Android, and Oracle sued. A San Francisco federal judge largely sided with Google in 2012, saying that the code in question could not be copyrighted. But the federal appeals court reversed, and ruled that the “declaring code and the structure, sequence, and organization of the API packages are entitled to copyright protection.

This goes beyond patents and into copyrights on ideas/words. Oracle should not be allowed to win this as the is not just about Android but about software development in general.

Do remember that Oracle is in a pact with Microsoft and Apple when it comes to patents. They share control over CPTN, which is made out of Novell’s patents. There is a similar arrangement around Rockstar, which also involves Apple and Microsoft (Apple, Microsoft, Ericsson, RIM and Sony is the complete list). Joe Mullin says that Rockstar too is still harassing Google (Android) and Google has just managed to take the lawsuit of of the capital of trolls, East Texas:

It’s been nearly one year since Rockstar Consortium, a patent holding company owned in part by Microsoft and Apple, launched a major patent assault against Google. Now, the issue of where the case will be heard has finally been resolved—in Google’s favor.

Google took the case to the nation’s top patent court to get it out of East Texas and back to its home state, California. The matter of venue isn’t a mere sideline skirmish. East Texas courts are generally considered tough on patent defendants, with few cases resolving on summary judgment, stringent discovery rules, and last-minute scheduling decisions. Google’s Texas case was scheduled to be heard in front of US District Judge Rodney Gilstrap, who hears far more patent cases than any other district court judge in the nation.

The war against Android is a big deal for those of us who care about Free software and GNU/Linux. Let’s not lose sight of the fight against this kind of abuse. Public apathy helps crooked judges and abusive companies like Oracle, Microsoft, and Apple.

09.03.14

Microsoft Should Not be Considered Too Big to Jail

Posted in GNU/Linux, Google, Microsoft at 10:32 am by Dr. Roy Schestowitz

Jailed cats

Summary: Microsoft continues to use dumping as a strategy which revolves around starving the competition, not beating the competition

OVER THE years we have covered very many examples of Microsoft crimes; it was rare to see Microsoft executives going to prison and when they were sent to prison — which did occasionally happen — it usually wasn’t for their activities inside Microsoft. It is abundantly clear that the company attracts anti-social people who are knowingly and consciously applying for a job in a company that's widely recognised for crimes and abuses.

Techrights is not unique with its views regarding Microsoft. We often agree with people like Robert Pogson who now says that “Admits Defeat” and shows that, based on this report, “Microsoft has recently reduced the number of chassis suppliers for its Surface tablets and is now outsourcing all the orders to Ju Teng. Microsoft stopped placing chassis orders with its China-based supplier in August, according to sources from the upstream supply chain.”

These products have been an utter failure in the market. Microsoft loses a lot of money on them. Microsoft would even sell them at a loss just to ensure that it can somehow impede the competition’s growth. Known as negative pricing, this strategy is illegal, especially for monopolists. Microsoft even resorted to bribes and technical sabotage, licensing restrictions (anti-competitive) and other means. Microsoft is more focused on destroying the competition itself than actually producing decent products.

We are saddened to see that a lot of the corporate press, which is often funded by Microsoft one way or another, continues blaming GNU/Linux for lack of growth (or for very slow growth) on the desktop. This biased media would conveniently ignore explosive leaks about Microsoft’s abuses — leaks which are publicly available. The corporate press likes blaming GNU/Linux itself, pretending that Free software has inherent technical issues or usability issues. As GNU/Linux does not have a vast marketing budget like Apple’s, the media can actually get away with it, too. Repetition leads almost to a complete acceptance, even by the victimised (learned hopelessness). It becomes challenging to challenge. Journalists in corporate press will therefore carry on bashing GNU/Linux rather than discussing all the sabotage directed against its adoption, including the latest in Munich.

Pogson has just put together a compact list of Microsoft’s abuses against GNU/Linux adoption and the adoption of competition in general, starting with:

M[icrosoft] has deliberately violated the laws of competition in USA and elsewhere repeatedly, systematically and with malice. They are out to get us. At first they got an exclusive deal with IBM to get their foot in the door, piggybacking on IBM’s branding with business, then they demanded exclusive deals with ISVs and manufacturers, then they punished any manufacturer who stepped out of line and installed competing products, then they created an endless chain of incompatible file-format changes and created whole industries based on the existence of overly complex secret protocols and finally forced the world to accept a closed standard as an open standard… That whole burden has served to render IT more expensive to own and to operate and much more fragile than it should be just on technical merits.

Based on this new article by Swapnil Bhartiya, dumping (selling at a loss) continues to be somewhat of a strategy at Microsoft. As he puts it: “Microsoft is taking a page from its history to counter Chromebooks, an increasing threat to Microsoft’s PC market. They are getting their hardware partners to flood the market with ‘cheap‘ netbooks to combat Google’s Chromebooks. We earlier reported HP’s plans to bring really cheap netbook and now ASUS is also joining the rag-race.”

The funny thing is that Microsoft spent so much time and money on negative advertising, slinging mud at Chromebooks for being too cheap to be workable. Here we have Microsoft putting itself in the same cage it used to rattle, as if it chalked around some carcass and is now laying itself right within the chalk’s boundaries.

One day, one can only hope, Microsoft will get sued severely for its anti-Google tactics and its anti-GNU/Linux tactics. For now it still seems like Microsoft has greased up (i.e. bribed) enough politicians to make itself immune to much-deserved prosecution.

08.27.14

FUD Against Google and FOSS Security Amid Microsoft Windows Security Blunders

Posted in FUD, GNU/Linux, Google, Microsoft, Security at 4:07 am by Dr. Roy Schestowitz

Summary: In the age of widespread fraud due to Microsoft Windows with its back doors there is an attempt to shift focus to already-fixed flaws/deficiencies in competitors of Microsoft

A Microsoft Windows (exclusively) infection is having a colossal impact on businesses right now, but corporate press coverage fails to name Windows [1, 2, 3], not to mention any possibility of blaming it. The name of an operating system is only mentioned for negative news when it’s not Windows. This is typical and it matches a pattern we have covered her under the “call out Windows” banner. IDG, the liars’ den, put it like this:

The Target data breach was one of the largest in recent memory, resulting in tens of millions of credit and debit cards being compromised. In the last couple of weeks, SuperValu said that at least 180 of its stores had been hit by a data breach and earlier this week UPS said 51 of it UPS Store locations had been hit.

We wrote about this last week because Windows was not being named, despite it being a critical part of this scenario. Instead, there was deflection to FOSS. It helped distract from Windows, which is insecure by design. It is an architectural problem because since 15 years ago, by some estimates, Windows has been a back doors carrier (for the NSA). Here is one British writer complaining about the approach Microsoft takes to composition as well:

In August last year, one-time-sysadmin and now SciFi author Charles Stross declared Microsoft Word ”a tyrant of the imagination” and bemoaned its use in the publishing world.

“Major publishers have been browbeaten into believing that Word is the sine qua non of document production systems,” he wrote. “And they expect me to integrate myself into a Word-centric workflow, even though it’s an inappropriate, damaging, and laborious tool for the job. It is, quite simply, unavoidable.”

To make matters worse, it facilitates surveillance and sabotage, as more stories from last years served to show (Snowden Files at the Guardian for instance). For security reasons Germany and Russia have moved back to typewriters; we can assume they were using Office and Windows beforehand.

Trust the spinners of Microsoft to create and disseminate some “Heartbleed” FUD, an OpenSSL bug that Microsoft likes to hype up and use to generalise so as to create an illusion that FOSS is inherently less secure. This has become Microsoft’s main propaganda against FOSS, based on just one single bug. The FUD started on the day that XP support (patches) came to an end; this timing is unlikely to be a coincidence for reasons we outlined before.

Jason Thompson writes an offensive piece titled “After Heartbleed, Is Open Source More Trouble Than It’s Worth?”

It starts with the following important disclosure:

Jason Thompson, formerly of Q1 Labs, is the vice president of worldwide marketing at SSH Communications Security.

Marketing for proprietary software (for Windows)? This is the type of thing we saw last week when issues in proprietary VPN software were unfairly blamed on OpenSSL. As we pointed out last week, there is also an attack on Android security (usually rogue apps at to blame) and then there is the recent security FUD against Android from former employees of Microsoft. Mind this new article which highlights Microsoft’s hypocrisy:

The Biggest Problem with the Windows Store: Scams Everywhere

Windows 8′s “Windows Store” is a great idea, but unfortunately, it’s a disaster. It’s full of scam apps, designed to trick you into buying an app you don’t need.

Our friends over at the How-To Geek recently wrote a great piece about the biggest problem with the Windows Store, and how Microsoft has apparently done nothing to address it (despite claiming they would over a year ago). For example, here’s what happens if you search for VLC, a popular free video player

Microsoft is creating some new FUD against Google at the moment and Google has responded as follows:

In Worldwide Partner Conference 2014, Microsoft Corporation (NASDAQ:MSFT) claimed that more than seven hundred and eighty five customers have switched to Microsoft Corporation (NASDAQ:MSFT)’s Office 365 from Google Inc (NASDAQ:GOOGL)’s Apps. Microsoft didn’t give any proofs for this claim, but shown a slide having the names of the pronounced customers who made the switch. Google Inc (NASDAQ:GOOGL) immediately started investigating this claim and has recently come up with a response. According to Google Inc (NASDAQ:GOOGL), 5,000+ companies sign up for Google Apps on a daily basis and thousands of these companies switch from Microsoft. In a Forbes article, Ben Kepes mentioned Google’s response and said that it was already expected that Google will come up with a befitting response on Microsoft’s claims.

Microsoft is a malicious, criminal company. Its ability to manipulate the press into writing negative stories about the competition is quite flabbergasting. Microsoft’s key strategy right now is badmouthing the competition. AstroTurf and press manipulation is how that's done, as we showed in the previous post.

08.23.14

Microsoft-Funded Attacks on Android Security and Patent/Copyright

Posted in FUD, Google, Microsoft at 5:22 am by Dr. Roy Schestowitz

Summary: A look back at examples of people who smear Android and are receiving (or received) money from Microsoft

OVER THE years we have demonstrated that payments from Microsoft have a strong correlation to Android and/or Google FUD. Examples included Ben Edelman, Microsoft Florian, and Edward Naughton. Microsoft either pays people to publicly smear the biggest competition or rewards people for smearing Microsoft’s biggest competition. Sometimes the source of the smear is a Microsoft-connected company; we gave some examples of these over the years. These connections are a lot more transparent.

There were many cases where Xuxian Jiang, who had worked for Microsoft, slammed Android, making that his hobby/academic goal. Now we are seeing yet another guy from Microsoft (see his resume that he makes available in his Web site) making a career out of Android FUD. His name is Zhiyun Qian. He worked for Microsoft 4 years ago. Suffice to say, not every criticism of Android and not every Chinese/Taiwanese critic of Android is Microsoft-connected (consider the complaint of Chih-Wei Huang for example), but the point we are making is that when one criticises Android it is worth checking if there have been payments from Microsoft because it very often turns out to be the case.

08.19.14

BlackBerry — Like Microsoft Nokia — Could be the Next Patent Proxy Troll

Posted in Google, Patents at 6:19 am by Dr. Roy Schestowitz

Blackberry
Mike Lazaridis
Mike Lazaridis – Founder and Co-CEO of Research in Motion (Blackberry), photo by textlad

Summary: BlackBerry is restructuring for patent assertion (i.e. trolling) in the wake of some alliances with Microsoft

LAST year we warned that BlackBerry was becoming somewhat of a troll. Well, right now BlackBerry is indeed becoming a patent troll in very much the same way Nokia became a troll when Microsoft took over (decoupling patents and products), as many had alleged and all along expected last year. This is appalling. Recall what Microsoft and BlackBerry have been doing in recent years. It seems likely that BlackBerry will soon become a vector for attacks on Google and Android (through Android backers). BlackBerry recently had a war of words with Blackphone backers, who used Android of course.

Over the weekend we wrote about a CAFC ruling that stopped Vringo. We also recently covered Microsoft’s role in arming Vringo with patents that it used against Google. This shows us to what degree Microsoft is attacking Linux/Android by proxy. Here is TechDirt reporting that Vringo “Gets Stomped By CAFC, Just Months After Being Awarded A Huge Chunk Of Google’s Ad Revenue”. Vringo’s stock nosedives:

A U.S. appeals court on Friday rejected patent claims brought by a Vringo Inc subsidiary against several companies including Google, sending Vringo shares plummeting.

If BlackBerry follows the route of Nokia and Vringo, it will end up no better than either, perhaps in bankruptcy.

08.17.14

The Microsoft Patent Trolls: Android Extortion, Vringo Versus Google, and Intellectual Ventures

Posted in GNU/Linux, Google, Microsoft, Patents at 5:45 am by Dr. Roy Schestowitz

Summary: Roundup of news about patent aggression by Microsoft and some of its proxies

A NEW article by Steven J. Vaughan-Nichols talks about patents. “Patent trolls under attack, but not dead yet” is the article’s headline. It does not necessarily speak about small trolls but also a corporation, Microsoft, which created several patent trolls, armed several patent trolls (to harass Microsoft’s competition), and is engaging in racketeering against successful producing companies, just like all patent trolls do. One glaring error in the article from Vaughan-Nichols is this bunch of numbers which are not substantiated (no link, citation, or even a source). He says: “It’s not just the trolls seeking to make a fast buck from honest companies that are abusing the broken American patent system. Microsoft has used its “Android” patents to profit from Android OEMs since 2010. Indeed, Microsoft’s most profitable mobile operating system, to the tune of approximately $3.4 billion, was Android, not Windows Phone 8.”

Where does this number come from? This may be completely bogus.

“Now,” he adds, “thanks to China, we finally know what’s in Microsoft’s Android patent portfolio. And it appears that Samsung, at least, is saying, “Wait a minute!” about paying Microsoft for these patents.

“Slowly, way too slowly, the Supreme Court is starting to rein in patent abuse. In Nautilus v. Biosig, the Court ruled that for a patent to be valid, its creators had to describe its essential elements of their invention clearly enough that an expert in in the field could understand it with “reasonable certainty.”

“Yes, that’s right, before this decision, even if an expert couldn’t figure out how the heck a patent was supposed to work, you could still patent an idea.”

Vaughan-Nichols then mentions other landmark cases and the apparent gradual-but-undeniable demise of software patents.

But where does that leave us? Even if Microsoft did not engage in all this FUD and extortion, it would still be able to do it by proxy. Vaughan-Nichols mentions SCO at the start of the article; Microsoft still uses such a strategy. In order to eliminate the threat as a whole we need to eliminate the patents.

Well, in prior years we showed how Microsoft had armed Vringo with patents which it then used against Google. According to this news, after wasting much time and money, Google is found innocent of infringement: “Google Inc. (GOOG:US) won its bid to overturn a $30.5 million patent-infringement verdict, a reversal that sent shares of Vringo Inc. (VRNG:US) down 72 percent.

“The U.S. Court of Appeals for the Federal Circuit in Washington determined that the Vringo patents in the case were invalid, according to an opinion on the court’s website toda”

Here is how a patent trolls expert put it:

Vringo’s win over Google was one of the biggest and most public jury wins for a “patent troll” in recent years. It won $30 million from a jury verdict in 2012, far less than the half-billion-dollar verdict it was seeking.

But last year, the judge overseeing the case revived Vringo’s hopes, ordering Google to pay a running royalty amounting to 1.36 percent of US AdWords sales. Those additional payments could have been more than $200 million annually, pushing Vringo investors toward the billion-dollar payday they were pining for.

These articles should outline more clearly Microsoft’s role in the lawsuit. This was, as alleged by numerous sources (not just us), somewhat of a proxy war by Microsoft. It’s reminiscent of the SCO case, which Microsoft helped fund.

Then there are the trolls who funded and armed by Bill Gates. One of these, Monsanto, is mentioned in this article about counter-action:

Today, just three companies – Monsanto, DuPont and Syngenta – account for about half of all commercial seed sales. More and more, agricultural patents are used to increase the control these and similar companies wield over access to the seeds with which farmers feed the world and – especially in the Global South – themselves and their families.

Bill Gates has profited by monopolising seeds. He lobbied for the seeds monopolies while investing in them (for profit). His good friend Nathan, the world’s biggest patent trolls (who was bankrolled by Gates), has also done this for profit along with Gates, especially when it comes to the energy sector. They are profiting by lobbying politicians to adopt energy methodologies from which they would profit. There is new right now about Intellectual Ventures (Gates-backed) hoarding patents on wind power:

Analysis: Patent trolls target wind power

One of the biggest “patent trolls” is moving into American wind technology for the first time. Intellectual Ventures (IV) of Bellevue, Washington has quietly applied for at least five high-quality and widely applicable patents for reducing noise and birds strikes at utility-scale wind projects.

A response has been posted about this in TechDirt:

Wind Power Monthly (I had no idea such a thing existed) has an article about how Intellectual Ventures is apparently targeting its patent trollery towards wind power, having filed a bunch of patents on very broad and basic concepts related to wind power. Of course, IV is trying to hide its involvement here by using one of its many shell companies. For reasons that are beyond me, Wind Power Monthly declines to name the shell companies. It’s not clear why it does this — even withholding the name after it got IV to confirm that it’s an IV shell. There seems to be no journalistic reason for withholding the name, but Wind Power Monthly still does it.

The Microsoft-funded CCIA is meanwhile focusing a lot of its efforts going after trolls, urging the government to launch subpoenas. The CCIA’s Levy writes: “We’re also looking forward to seeing what the FTC learns about patent privateering. The study could be our first real chance to expose the tactics of companies who have been quietly using patent trolls to do their dirty work.

“There’s no time to waste. Patent trolls won’t stop on their own, and we need all the ammunition we can get.

“Launch subpoenas!”

Several years ago there was pressure on the FTC. It seemed too reluctant to do anything about patent trolls such as Intellectual Ventures, which had heavily lobbied the government along with Bill Gates. Hopefully things are about to change.

The bottom line is, the resolution lies within patent scope. But it’s also important to comprehend how Microsoft attacks Linux by proxy, not just in secrecy by means of extortion.

08.02.14

Google Should Sue Desperate Microsoft Out of Existence for Misuse of Government Regulators and Patent Racket Against Android Backers (as Microsoft Sues Samsung Using Another Nokia Ploy)

Posted in GNU/Linux, Google, Microsoft, Patents at 3:11 pm by Dr. Roy Schestowitz

Satya Ballmer
Satya Ballmer continues to sue Linux

Summary: Microsoft’s relentless attacks on Linux intensify from two angles: one is a bogus case against Android ‘abuses’ and another a bogus patent case, which is hinged on extortion in secrecy (divide and conquer with threats and racketeering)

Samsung has historically been an exceptionally close partner of Microsoft, with strategic collaborations ranging from patent payments (for Linux) to Windows pre-loads and from DRM to hardware (Samsung’s core business, where it is an international leader). Samsung and Microsoft have historically been so conjoined a pair that their relationship would be one that even the NSA would envy. It is essential to remember that Samsung was the first electronics company to offer Microsoft payments for Linux-related software it never bothered to even specify (LG, another Korean giant, soon followed suit). Samsung was the first electronics-centric company (Novell being the first on the software side) that we called for a boycott against.

All this may be about to change as Microsoft’s hostility towards Android goes up a notch, despite attempts to paint the company “friend of FOSS” with the new CEO appointment (there has been no change in policy). Samsung is already challenging Apple's legal assaults on Android using the SCOTUS ruling on "abstract" patents. Soon it may have to do the same to Microsoft, which has just declared war on Android from two fronts. As this heads into the courtroom we will need to support Samsung, not chastise it. It’s an alliance of convenience amongst Android supporters. Google should join this lawsuit, offering financial support, evidence, patents, etc. Samsung is a big target when it comes to Android and Google cannot afford to let this case be lost, especially not from a moral point of view. Google previously supported other such companies (besieged by patent lawsuits), including HTC. Better yet, Google should serve the antitrust authorities and the anti-cartel authorities in multiple countries, informing them of the extortion tactics Microsoft has been using (the lawsuit means that Samsung refused to buckle in the face of extortion).

There are two bits of news we wish to present today, sharing them among those who have not seen or heard those. The first is the antitrust lobby, which Microsoft invoked by proxy (Nokia is a European company, which makes it a convenient tool for pursuing antitrust action in Europe). Top European regulators have already warned Nokia regarding patents, so Nokia (acting as a Microsoft satellite) tried a competitive angle instead. Microsoft cannot do this without proxy due to hypocrisy.

So Reuters says that Google may face Android antitrust investigation in Europe and some sites cover this, citing Reuters with its sources. To quote: “According to a report yesterday from Reuters, which cited anonymous sources, European Union officials are now looking into whether the company is abusing its 80 percent market share for the Android mobile operating system by pushing its services on consumers.”

Having high market share is possible owing to technical merit. As the platform is Free software nothing prevents rivals and partners from stripping and adding other software. Just look at what Microsoft/Nokia did with Android. This whole case is bogus, but it was brought forth by Microsoft and its proxies. It’s an attempt to use regulators to tilt the market against Free software, using bizarre logic and a pretense of collective anger.

There is another report circulating right now. The Microsoft booster was quick to report on this, based on Microsoft’s version of the story. Writing in Microsoft-friendly media (where Microsoft agents of disinformation, partners, employees and ex-employees are among writers and commenters), Mary wrote:

Microsoft files Android patent-royalty suit against Samsung

[...]

Microsoft is seeking a ruling as to whether its acquisition of Nokia’s handset and services business negates its intellectual-property licensing agreement with Samsung that dates back to 2011. Microsoft also is seeking unpaid interest from Samsung, resulting from the period of time last year when Samsung withheld patent royalties from Microsoft — royalties which Samsung later paid.

Watch some people repeating the propaganda in the comments. “That’s big news,” said the first comment. “Everyone had assumed that MS was raking in Billions from Samsung because the their contract with MS.”

Who assumed that?

This all can be traced back to one single ‘analyst’ whom the Microsoft lobbyists kept quoting, repeating the claim without any substantial proof and flooding the media with it. We routinely showed that this is all speculation, but a speculation that grew feet very quickly and stuck in people’s minds.

Narg replies with: “Try again, the Contract was only worth a couple hundred thousand last I read.”

Samsung never said how much (if anything) it had paid Microsoft. We only knew that they had some patent agreement, most likely on FAT. Samsung has a vast trove of patents, so it might be more like a cross-licensing agreement. We just don’t know. Microsoft at one stage said that it sought $15 per phone from Samsung, but it never got its way (Apple sought about $50 per phone and ended up getting less than $1 from each).

As ZDNet is somewhat of a zoo of Microsoft ads and Microsoft boosters with direct Microsoft connections, salaries past and present, and even bribes like laptops, we probably should not entertain the commenters too much (some are terrible comments of low quality and poor grammar, but some are better). One comment further down says: “It’s just a veiled threat they’ve been using and getting away with for years.

“Somebody needs to stand up and let the entire world know that the largest patent troll in the world is the one that makes the worst OS in history and is headquartered in Redmond.

“I sincerely hope Samsung follows through, and doesn’t let this bully steal their lunch money!

“I smell desperation on Microsoft’s part… 18-thousand layoffs, geesh.”

These massive layoffs are a symptom of what Microsoft is going through. Well, based on the latest numbers [1], Microsoft’s sales in the mobile domain are negligible and don’t even make the latest count’s threshold.

Microsoft as a whole is collapsing and privacy concerns (e.g. back doors) play a big role in accelerating this collapse, based on Microsoft’s own admission (just look what happens in Russia and China). It’s no coincidence that in ZDNet — and just about nowhere else — former Microsoft employee Zack Whittaker (who likes to disparage Google and GNU/Linux without disclosure) is now releasing multiple puff pieces/placements seeking to paint Microsoft as a privacy champion, based on a court case that’s more like a publicity stunt from Microsoft.

Related/contextual items from the news:

  1. Early view to Q2 smartphone market share numbers as we get data in

    (HTC did not kick Nokia/Microsoft out, they are under this number, and the other up-and-comings from China and India are not yet big enough to challenge for a Top 10 slot. Blackberry is nowhere even in the Top 12, they may fall out of Top 20 haha)

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