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

SLAPP Censorship - Part 189 Out of 200: A Terrible Idea to Condemn Projects for Using Slop 'Code' When Your Own Employer Does This (and Profits From Every Company Doing So) or to Call Distros 'Not Secure' While You Advance Back Doors
"I don’t want a back door. I want a front door."
Slop Ruins Development and Reverse Engineering, It Rewards Retarded "Slop Kiddies" (to Quote Andy ‘TheFlow0’ Nguyen)
Slop is just a fatal cancer that kills the body, then dies with the body it killed
 
Links 19/09/2026: "OpenAI and Microsoft Knew They Were Starting a ‘Doom Loop’ [of Mass Plagiarism 'Normalised' by Brute Force] for the web", Calling It "Hey Hi"
Links for the day
8 Series Going on at the Moment in Techrights
4 series about SLAPPs and related matters
Linux Kernel Becoming a Slopfest - Part 4 - Outsourcing to Microsoft, Approaching 10 Gigabytes
Can we blame Microsoft for those DDoS attacks? Partly.
Software Freedom Day 2026 is Today, Week-long Celebration in Brazil
In Brazil, Clownflare reckons about 1 in 20 laptops/desktops might use GNU/Linux already
Red Hat Lost 2,000 Staff (Net Loss)
Maybe by year's end it'll be a 20% reduction
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 18, 2026
IRC logs for Friday, September 18, 2026
Gemini Links 18/09/2026: Setting Goals, Tiredness, and Admissions From LLM Purveyors It Was All Along About Building Plagiarism Engines Sold as "Intelligence"
Links for the day
Links 18/09/2026: Microsoft Boasted Slop is Just Copyright Infringement/Plagiarism, Floods in Europe
Links for the day
Internet Relay Chat (IRC) and Mailing Lists Are Still Better Than Discord, Slack, and Discourse
Discourse is "open" "bossware"
Links 18/09/2026: Disgust Over LLMs and Why "Agents" (Bots) Are Nothing More Than "Spam"
Links for the day
Software Freedom Day is Tomorrow
events coming
Illegal and Unconstitutional Tribunal That SLAPPs Critics Does the Illegal and Unconstitutional: It "Rubberstamps Software Patents"
This is not a legal system. This is mafia.
Privilege in 'Linux' Foundation (Double Standards) and What the FSF Should Avoid Doing
If RMS can talk about politics, others too should be able to talk about politics
Seems Like Many Microsoft Layoffs Are Going On Right Now (Forever Layoffs)
Like IBM, Microsoft hopes shareholders will not know of morale and financial problems
More Threats From the Person of Restricted Boot Infamy
Remember this is the man who is the principal purveyor of restricted boot and who landed restricted boot in Linux
Snooping EPO Management, Sniffing Up Every Staff Action
It this a problem for whistleblowers? Of course.
Don't Do That
Options do exist. People should exercise freedom.
Iran Has Debunked GAFAM and Cloud Computing as Safety of Data
Cloud of smoke?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 17, 2026
IRC logs for Thursday, September 17, 2026
SLAPP Censorship - Part 188 Out of 200: Used, Then Discarded, by Microsoft (as We Predicted All Along, It's Always Like That)
The longer they carry on with it, the more scandalous this will get
Linux Kernel Becoming a Slopfest - Part 3 - Besieged by LLM Bots, Now Hiding Behind a Wall of JavaScript
The series began 3 days ago
Gemini Links 18/09/2026: Modern Linguistic, Boxing, Turning 40, and Solar MiniServer
Links for the day
Links 17/09/2026: Studio Closures and Negative Rumours About Microsoft XBox Again
Links for the day
What's Wrong with Microsoft's GitHub, New Article by Jacob Bachmeyer and Richard Stallman
licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License
EBay is Going to Die Soon
Users will flee
Red Hat PIPs. The Only Question is, How Many?
Insiders know what's coming soon
This Week The Register MS Published a Page With "AI" 34 Times in It and It Was, as Usual, Paid SPAM!
Does The Register MS understand that it is doing harm to its audience (for temporary gains)?
43rd Anniversary of the GNU Project Announcement
Coming soon
General Assembly (Meeting of All Staff) Starts in Hour Ago to Discuss Strikes at Europe's Second-Largest Institution (EPO), Strikes to Last Until End of 2026 (If Not Further)
The media absolutely does not cover this and that's intentional
SLAPP Censorship - Part 187 Out of 200: Reminding Ourselves of the Great Damage Garrett Did to Linux (for Microsoft)
he rejects freedom
Cancel Culture is a Cancer That Harms Democracy, Justice, and Science. It's Designed to Help Corporations Vanish Their Critics.
"Codes of Conduct" sounds benign; in practice, however, it is not
Links 17/09/2026: Class Action Lawsuit Over GAFAM's "NameTag" and Automattic Hides What It Did to CEO Mullenweg (or Why)
Links for the day
Gemini Links 17/09/2026: Google Signals the End, ROOPHLOCH Coverage, EBay Uses Offensive Bots to Falsely Accuse Users of Stuff
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 16, 2026
IRC logs for Wednesday, September 16, 2026