Bonum Certa Men Certa

“Those Who Can, Do. Those Who Can't, Sue.” (Updated)

Steve BallmerSummary: Microsoft may have actually threatened to sue HTC in order to sign a patent deal covering Android for unnamed patents

"Those who can, do. Those who can't, sue," said Canonical's COO Matt Asay. Further he said: "This is the clearest indication of MS's irrelevance: it's now the hapless litigant" (whose products are being cancelled, Courier being the latest example).



He said pretty much the same thing about Apple when it sued HTC.

Florian wrote about Microsoft software patents in Europe, alluding to the bizarre new decision regarding FAT (at the core of the TomTom lawsuit).

Last week the Federal Court of Justice of Germany upheld a Microsoft patent related to the Windows file system named File Allocation Table (FAT). As H-Online mentioned in this context, European software patent critics dread the notion that rulings such as that one could elevate the status of software patents in Europe, where different national courts have different approaches to how to interpret the European Patent Convention and its exclusion of patents on "programs for computers [as such]".


So Microsoft has just gone after HTC. Some articles suggest that there was a settlement and therefore a possibility that Microsoft threatened to sue in order to sign a patent deal (like in Melco's case).

Some more thoughts about the HTC settlement have come from various influential GNU/Linux users, some of whom wait for software patents to be ultimately abolished.

I believe Bilski will be decided this year and software patents may be kicked into the garbage heap where they belong.


The other day we wrote about Klausner's latest round of patent trolling (against HTC). Here is another interesting perspective about what Apple and Microsoft did to HTC (and to Android by inference).

Microsoft claims that the Linux operating system infringes 235 Microsoft patents, and Android, which is Linux-based, violates Microsoft patents, too. Microsoft has convinced HTC to pay royalties for the alleged Microsoft technology in Google's operating system.

Why would HTC do that?

Well, Apple is suing HTC for violating 20 Apple patents covering a wide range of technologies. One theory is that with both Microsoft and Apple claiming patent infringement, HTC has to pick sides. It chose Microsoft because the company also makes a wide variety of devices that run Microsoft operating systems. Because it has an extensive relationship with Microsoft, and none with Apple, choosing to work with Microsoft solves its Apple problem. In court, apparently HTC will be able to say that it's already licensing the technology Apple claims as its own, but from Microsoft. That would imply that Apple's beef is really with Microsoft, not with HTC. Case closed!


Can anyone confirm that Microsoft pressured and intimidated HTC (with a lawsuit) in order to sign that latest extortion deal [1, 2, 3, 4, 5, 6, 7]? Microsoft tried to paint it as something signed in good faith, but it's beginning to seem doubtful.

Update: Florian wishes to correct that last reference by saying (via E-mail):

The "interesting perspective" you quote from the Datamation article on HTC is actually legally wrong. I've already contacted the author of that article and here's the information for you as well:

Every patent stands on its own. Every patent is a little monopoly. So if Apple has some patents that read on HTC's software, HTC can't defend itself in court by saying it has a license from Microsoft. That's legally impossible as a defense. Not only is it very likely that Apple's patents read on different features (touchscreen etc.) than Microsoft's patents (there may be some overlap but it's just impossible that two such large players would have 100% overlapping patent portfolios), but even if that unrealistic scenario of both patent portfolios covering the same functionality that HTC needs was the case, then that still wouldn't change anything about the monopoly rights connected to each single patent. If Apple has a patent on, say, selecting a menu on a touchscreen and Microsoft has one as well, and if there aren't differences in the details of the "methods taught", the fact that there are two patents on the same thing doesn't mean you get a license to one of them and don't need the other. Instead, it would have to be sorted out whether one of those patents is prior art based on which the other (newer) patent could be invalidated. Only in that case would it be sufficient to obtain only one patent license.


Recent Techrights' Posts

EPO Strike a Week From Now, After That Strikes Can Become Permanent
A week from tomorrow there will be another strike
 
Links 23/03/2026: "Shocking Peter Thiel Antichrist Lectures", Robert Mueller Remembered
Links for the day
The Scandal Bigger Than IBM/Red Hat Layoffs is the de Facto "Media Blackout" About Those Layoffs
So we have a media crisis, aside from the economic crises
Gemini Links 23/03/2026: Geminispace/Elpher Enhancement and the Cerberus Cinco
Links for the day
Fear is Not a Legitimate Factor
Smart people know that trying to prevent moral people from doing the "Right Thing" will backfire
Fuel Autonomy and What It Teaches Us About Software Autonomy (or Software Freedom)
Need we wait until a "software Pearl Harbor" or protect ourselves proactively by weaning ourselves off of GAFAMware?
Scheduled Maintenance This Coming Wednesday
Other than that, all is the same and we carry on as usual
Most Press Articles About IBM Are LLM Slop, Sometimes With Slop Images
IBM basically laid off almost 1,000 people last week [...] At the moment about 75% of the 'articles' we see about IBM (in recent days) are some kind of slop
Links 23/03/2026: Security Breaches, Energy Shortages, Another SRA Scandal, and Patents on Nature
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 22, 2026
IRC logs for Sunday, March 22, 2026
Streisand Effect and Justice
This weekend this site has served over 8 million Web requests
Gemini Links 22/03/2026: "Woman of Tomorrow" and "First Steps in Geminispace"
Links for the day
SLAPP Censorship - Part 19 Out of 200: They Were Ill-prepared for Tough Questions in Cross-Examination
Very ill-prepared for the deteriorating situation caused by their clients' past behaviour towards many people, including high-profile figures who offered to testify
The Media Sold Out to Slop Bros
If you wish for the hype to stop, then stop participating in it
The Only Non-IBM Staff in Fedora Council/Leadership Attacks Booting Freedom (Just Like the Master Wants)
Last week IBM laid off almost 1,000 people in Confluent and the media didn't write anything about it, so don't expect anyone in what's left of the media to comment on Fedora's demise and silent layoffs at Red Hat
Just Like a Founder of XBox Said, Microsoft XBox is Collapsing, Management Continue to Jump Ship
Nowadays Microsoft tries to promote this idea that Windows is XBox and XBox is Windows
Links 22/03/2026: Slop Triggers Emergency at Meta, Energy Prices Rise Sharply
Links for the day
Links 22/03/2026: Microsoft 'Open' 'AI' in Legal Trouble (Plagiarism, Distortion, Misrepresentation); Facebook/Meta Kills Off "Horizon Worlds"
Links for the day
Racism Dressed Up as "Choice"
Racism is rampant at IBM
Probably an All-Time Record
Our investment in our own SSG is paying off
Your Site Should Implement Its Own Search (Before It's Too Late)
GAFAM was never trustworthy
Gemini Links 22/03/2026: LLM Slop Attacks USENET, Announcing Pig (New Game in Gemini Protocol)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 21, 2026
IRC logs for Saturday, March 21, 2026
SLAPP Censorship - Part 18 Out of 200: Third Parties Funding Attacks on the Messengers, Lawsuits Against GAFAM-Critical Voices That Uphold Real National Security
Women are like kryptonite to them
Never Trust People Who Write Their Own Wikipedia Pages (Vanity Pages About Themselves) or Ask Friends to Do So. Also: Jono Bacon is Married to Microsoft.
We'd hardly be the first to point out Wikipedia isn't what it seems
No Tolerance for Attacks on Family Members
Being a Free software activist ought not lead to "collateral damage" like attacks on family members, including doxing
Sirius Open Source is Just a Zombie Firm With Shell Entities
Many companies fake their health and their size
Communities Can Only Survive When Trust Prevails
PCLinuxOS is still a vibrant and authentic community
Techrights Was Always a Community Site
The harder we're attacked, the more people participate in the site
Maintenance Reminder
We'll carry on publishing
Behind the PR Smokescreen and Microsoft-Sponsored Chaff, Microsoft Layoffs in "AI" Alleged This Month
In an age when ~1,000 simultaneous layoffs aren't enough to receive any media coverage, what can we expect remaining publishers to tell us about Microsoft layoffs in 2026?
EPO "Cocaine Communication Manager" - Part VIII - Mobbing and Silencing of Dissenting Staff
that's the very cornerstone of functional democracies with real opposition parties
Bluewashing at Confluent: Some Workers to Leave Within 3 Months (IBM Mass Layoffs)
Is the "era of AI" an era when none of the media will mention over 800 layoffs? [...] There's a lesson here about the state of the contemporary media, not just IBM and bluewashing
Microsoft OpenAI, Drowning in Debt and Forced to Make Significant Cuts (as Reports Reveal This Month), Does Hiring Disguised as "Takeovers" to Fake Value or Alleged Potential
Remember what happened to Skype last year
Reader Shares Recent Memes on Slop and 'Coding' by LLMs
"just some funny memes I thought were relevant to current coverage."
Slop Does Not Replace Art, It Contaminates Everything With Reckless Nonsense
many Computer Scientists do not want programs to get contaminated by slop
Coders Don't Just Reject 'Vibe Coding' Because They're "Luddites", They Just Know the True Cost of Slop
if some programmer says slop sucks, don't rush to assume selfishness or defence of one's occupation
When Nobody Else Covers the News
There's an obvious "media blackout" regarding the mass layoffs
Links 21/03/2026: David Botstein Dies, Slop as Censorship Apparatus
Links for the day
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026