Bonum Certa Men Certa

Microsoft Attacks Linux-powered Devices with Patents Once Again, Unprovoked

TiVo



Summary: TiVo is preemptively sued by Microsoft for alleged patent violation and Microsoft's PR puts together some lies to disguise the real cause

Microsoft publicly insisted that it's not suing anyone with patents, unless that someone happens to sue Microsoft first. Microsoft lied however; we know this because of cases such as Primax [1, 2, 3] and even TomTom, where Microsoft took a direct hit to intimidate Linux distributors.



Now, to be fair, TiVo is a patent aggressor which has been suing with software patents [1, 2, 3, 4, 5], but still, Microsoft was never targeted by TiVo. Nevertheless, Microsoft is suing TiVo, though it has nothing to do with Linux* based on Groklaw'a quick and detailed analysis. To quote portions:

That's, in my view, Microsoft spin, that it's doing this to help out AT&T. I would describe it more like this: remember when SCO sued AutoZone for using Linux in its business? AutoZone didn't write Linux. It just used it. So SCO sued an end user. Similarly, TiVo is suing AT&T. But AT&T didn't write Microsoft Mediaroom, the implicated software. Microsoft did. So naturally, AT&T has demanded that Microsoft indemnify AT&T, and so here comes Microsoft, essentially defending itself, because if AT&T loses, it's Microsoft who has to shell out the bucks.

[...]

In short, the PR version is that Microsoft is defending AT&T as a Good Samaritan. The reality as I read this is the Microsoft is defending itself, because if AT&T loses, Microsoft faces having to pay yet another pile of bucks for having infringed someone's patent, just like what just happened to it in the i4i v. Microsoft patent case Microsoft lost and is appealing. That is what is at stake in this picture. You can see that very clearly in footnote 1 on that same page:
1 If TiVo is willing to state on the record that it is not accusing and will not accuse the software used in the U-verse product and/or service, including any aspect of Microsoft Mediaroom, of infringing the TiVo patents, intervention by Microsoft would be unnecessary.
[...]

So, this isn't about helping out a friend. This is about Microsoft selling software that someone is claiming is patent infringing. Again. AT&T is just using Microsoft Mediaroom. That's why when it got sued, it called up Microsoft. So Microsoft is defending itself. You have to hand it to its PR people, though. They get their spin in print.

[...]

In short, friends, this story has absolutely nothing to do with Linux. I knew you'd wonder, because that was my first thought, too, that maybe this was another TomTom. It's not. And as for TiVo, TiVo may use Linux in its business, but it has not shown any inclination to adopt FOSS values. Linux folks don't sue people over patents. Some of us remember the GPLv3 discussions, and I'd say we nailed it.


It doesn't matter if Microsoft lies about the motives; the press blindly believes anything that PR departments are saying, so reality is suddenly an illusion and "war is peace", as the famous line goes. Almost everyone -- including The Register, Joseph Tartakoff and the business press -- repeats the same Microsoft talking points:

Microsoft Corp. (MSFT) is suing TiVo Inc. (TIVO) as part of a broader attempt to provide legal cover for partner AT&T Inc. (T).

Microsoft late Tuesday filed a suit against TiVo in a San Francisco federal court, claiming that the Alviso, Calif., maker of digital video recorders illegally uses technology related to purchasing and delivering video and the ability to display programming information. Both are seen as an attempt to counter an earlier suit filed by TiVo against AT&T, which uses Microsoft's technology in its television service. Microsoft on Friday requested to intervene in the case on AT&T's behalf.

Microsoft is standing up for AT&T because the telecommunications company is the largest, and most influential, customer of its Internet video platform. When AT&T chose to go with an Internet-based TV service, it opted to work with Microsoft, which powers the video delivery platform, as well as the digital video recording technology. As a result, it feels the need to shoulder the legal burden for AT&T.


Here is Slashdot discussing this, as well as Microsoft sites:

Microsoft has filed a patent-infringement case against TiVo in one federal court and asked to intervene in a dispute between TiVo and AT&T in another federal court -- setting the stage for a legal battle over some of the most popular features used to watch television on digital video recorders.


But they are wrong. That's just Microsoft's excuse, for the reasons given above.

In any event, as Microsoft goes patent lawsuits-happy, it is possibly repeating the mistakes of old Apple. TechDirt has a short new essay about it, titled "When Declining To Enforce Your Intellectual Property Rights Strengthens Your Market Position"

Over the years we've shown many examples of times when it makes much more business sense not to enforce your intellectual property rights, but reader Jerry Leichter sends in another example.


The fact that Microsoft is suing everyone with patents confirms what Jeremy Allison has just said; Microsoft is in trouble, and like any cornered animal in this type of situation, it is attacking. Only a Microsoft MVP [1, 2, 3] would trust Microsoft at this stage. _____ * This causes damage to Linux only indirectly, as without TiVo there would be less Linux use. According to Comes vs Microsoft exhibits, Microsoft wants to plant .NET/Mono in devices like TiVo (because of software patent royalties).

Recent Techrights' Posts

IBM Falls Below $200, Expect $199 or Less Today (Panic Threshold)
Will this be enough to topple the managers?
Links 23/07/2026: RIP John C. Dvorak, Organisation Weaponised Against J.K. Rowling
Links for the day
IBM's Press Release About Results Mentions "AI" 10 Times, "Quantum" 4 Times
Blah blah blah AI"
 
IBM Cash "Down $6.3 Billion From Year-end 2025." Total Debt/Equity 188.97%. (Debt Can Exceed the Company's Real Value)
the CEO alone can make well over $0.7 billion in 5 years of salaries and bonuses
Wave of PIPs Allegedly Coming to Microsoft, Managers Trained to Terminate Employees Without Paying Severance (and Without Calling it Layoffs)
They count and cut the losses
This Looks Like the End of XBox, the Console
Sharma has become the "fall man" of Microsoft
European Patent Office (EPO) Series: A Consummate Master of the "Rigged Game"
"single-candidate shortlist"
Attempts to Change Focus and Change the Subject as IBM Shares Dwindle. Buying Revenue to Mask the Rapid Decline One More Time.
IBM used to be good at engineering, not financial engineering
Down 848% Year-on-year, Negative Cash Flow, Growing Debt (Richest Man on the Planet or Shrewd Scammer?)
The latest for Tesla is more of the same
Gemini Links 23/07/2026: SharePoint Rants and “Junk DNA” in Commented-Out Code
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 22, 2026
IRC logs for Wednesday, July 22, 2026
Freexian & Debian: antitrust, unfair competition against joint authors and volunteers
Reprinted with permission from Daniel Pocock
IBM in the Red After Bad Results (Shares Down in After Hours)
Will the CEO step down, retire, of what else?
Gemini Links 22/07/2026: Fault Lines, the Dark Web and Beyond, and Why Substack is Awful
Links for the day
Insult and Injury: Getting Banned, Not Just Sacked, by Microsoft
A former insider spoke about this in public 5 hours ago
Links 22/07/2026: "Dumb Phones" Not Enough to Tackle Harmful Addition, "MPEG-4 Visual's Road to Being [Software] Patent-Free"
Links for the day
Top secret: Cults inquiry submission concealed from public
Reprinted with permission from Daniel Pocock
An Hour Ahead of Alleged 'Results' (Amid Investigation Into Fraud) IBM Falls Back to New Lows
Only cents away from a 52-week low
IBM Headed for Lowest "Value" in 2 Years
In a nutshell, Krishna "can't keep it up" and IBM is now investigated for fraud
Investigation Progressing
There is nothing "funny" about receiving mortal threats for merely reporting information in a civilised country
Things We Could Do More Than Half a Century Ago But Can No Longer Accomplish
Newer is not always better
Anupa Ann Joseph & Debian defamation gang
Reprinted with permission from Daniel Pocock
State of the Invidious Project
Never forget how hostile Google can be towards freedom
Prioritising the Safety of Women is the Best Approach to Foster Diversity in Technical Communities
Debian was never "normative", but that does not mean Debian should have such low standards
IBM Will Report 'Results' Tonight (CET), It's Already Investigated for Securities Fraud
"Five of the biggest US tech giants are carrying $1.65 trillion in debt that does not show up on their balance sheets"
Hardware Has Gotten a Lot Worse, Not Just Far More Expensive
prices go up fast
Amid Claims of Microsoft Bing Layoffs It Seems Like Bing Cannot Even Hold on to Second Place
Yandex is sometimes bigger than Bing
Wikileaks Does Not Publish New Material Anymore, But Wikileaks Still Changes the World
Wikileaks has a legacy that will soon turn 20
Links 22/07/2026: Postal IRCs, PlayStation Kills Discs, Union Action Against Microsoft, "Judge Considers Tossing Databricks Patent Suit Under California anti-SLAPP Law"
Links for the day
Same 'Journalists' Who Published Fake News for IBM (Pump and Dump) Now Write Puff Pieces About the Stock Falling
the media is so compromised
They Called It "Social" and "Media", But It Turned Out to be Slop and Child Porn
Why do any sane people still use social control media?
Age of consent: DebConf26 registered sex offender in Argentina?
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: In the Pole Position Despite a Dismal Track Record
António Campinos is an old hand when it comes to such high-level institutional intrigue
Site a Bit Slower Due to Visitors' Load
We'll try to work out better speeds
Gemini Links 22/07/2026: Emacs, Astrology Clock, Arduino, and Rogallo v1.0.0
Links for the day
After Involvement by the Free Software Foundation (FSF) LibreTech and Quibble Gain More Participants
RMS expressed gratitude for people who worked on Quibble and improved LibreJS after many years of inactivity
The Lessons From the Assange Saga
This will not end well
Linux Foundation an Enemy of the Planet, Proponent of Pollution and Global Heating
"could the "polluters pay" model be extended to the computing environment and used to take on Microsoft and Microsofters?"
Apple Will Increase Surveillance of Customers, Record Verbal Communications Under the Guise of "Hey Hi"
Apple now drinks that same Kool-Aid
Dave Winer, Blogging Pioneer, Sells Out, Spews Out LLM Slop to Readers
Another one bites the dust [...] Now it's a slopfarm of sorts
Not Everything Can be Automated
not a new thing
GNU/Linux OS in ComorOS
Now, as in recent years or the last year, the GNU/Linux "signal" is growing significantly
Microsoft Redefines "Layoffs" to Give Smaller Tallies
It's not just calling them "buyouts" or saying people are merely "leaving" or "retiring"
IBM is Not Done Destroying Red Hat, Wait Till October 1st 2026 (More Layoffs and Bluewashing)
It's not bluewashing 'til it's 100% done
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 21, 2026
IRC logs for Tuesday, July 21, 2026
"LF Sex", Nothing to Do With Linux
a lot of explaining to do this week
Gemini Links 21/07/2026: Nostalgia, Shogi, and New Gemlog System
Links for the day
Guyana: GNU/Linux Rises to New High, 7%
Guyana is part of the trend
Oman: GNU/Linux Up to 7%
It was 5% last year
The Solution is Never 'Free Hosting' in Proprietary GitHub (Microsoft), the Solution is Self-Hosting
Third parties never care about your projects as much as you (yourself) care about them
Only a Matter of Time Before IBM Drops to $199 or a Lot Lower Than That
How long can IBM overload empty shells?
From GAFAM's Perspective, Jeremy Bicha Did Nothing Wrong
All is OK as long as he does not criticise monopolists and billionaires
Bluesky Was Such an Utter Failure That After 18 Months Mozilla Goes Hug a Nazi Platform That Produces Child Porn
What compels Mozilla to come back there? The child pornography scandal? The adorable leader?
GNU/Linux at Grenada Measured at 14% This Month
GNU/Linux was stuck at 0% for a long time
In WordPress, Newer is Not Better (Maybe Better Off With No WordPress at All)
To Hell with bloat and feature churn
As Slop Bubble Implodes (Inevitable), the Dishonest, Corrupt, Compromised Media Tries to Blame "China" Again (Like it Did With "DeepSeek" in Past Years)
Here we go again. We've been there before. Same spin, this time not "DeepSeek" though.
Lots of Microsoft Just Loses Money, Not Earning Money
Due to profitability challenges it's hard to believe Microsoft will ever find a buyer for XBox
Red Hat (IBM) Has Long 'Reassigned' (Bluewashed) Red Hat Staff to Ruin Fedora, Now It Does the Same to GNOME
What next from IBM's Krishna?
Links 21/07/2026: Google Stagnating, Slop 'Apps' Are "Flooding Apple’s App Store"
Links for the day
Gemini Links 21/07/2026: OPNSense Upgrade Problems, Zilog Z80 at 50, and Lessons From Terminator
Links for the day
IBM Lawsuits Over Alleged Fraud Are Piling Up
We'll keep an eye on the lawsuits
Arianna Taite on Odds of Australian (Daniel Pocock) Winning Clacton By-Election
His detractors somehow try to twist or frame him (Pocock) as an impediment to women while the exact opposite is true
This Coming Weekend Marks 4 Years Since We Dumped Content Management Systems (CMSs) in Favour of Static Site Generators (SSGs)
the first page dated July 25
Slop's Latest Casualty: The Credibility of Linus Torvalds
If you care about millionaires and billionaires, follow Torvalds (he is already in that "club")
Techrights Will Become More Productive (More Output) Over Time
Big stories about to land
Touch Grass
Happiness involves what humans have evolved to appreciate, not what humans create to sedate the mind (like skinnerboxes)
The Cyber Show on Technology Having Become a Tool of Mass Psychosis, Not Enablement or Emancipation
Technology as mass psychosis
The Rumour Said That a Second Wave of Microsoft Layoffs Would Come This Week (Ahead of Fake 'Results'), Maybe Tomorrow
Let's wait and see how "MSM" unfold
To Wikipedia, "Notability" is Just an Excuse to Hail People Who Serve Billionaires While Marginalising or Defaming the Rest
Wikipedia is an advertising space
Our Series About Solicitors Regulation Authority (SRA) and SLAPPs Will Resume Soon
Originally, in 2025, we gave ourselves 6 years (until 2031) to cover these issues, but we've seen since extended that to 10 years (until 2036) because of the amount of material we have
European Patent Office (EPO) Series: The EPO Transparency Gap
Despite the "European" tag in the organisation's name, the European Union has no jurisdiction over the European Patent Organisation
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 20, 2026
IRC logs for Monday, July 20, 2026
Links 20/07/2026: Lashes for Songs in Iran, Kurdish Language at Risk
Links for the day
Gemini Links 21/07/2026: The Boss Baby (2017) and 2026 Old Computer Challenge Epilogue
Links for the day