Bonum Certa Men Certa

Behind the Microsoft Puppetmaster: SCO-Type Libel, Acacia-Type Patent Trolls, and Novell-Type Patent Deals to Make GNU/Linux Not Free (Gratis)

Donkey Kong



Summary: Microsoft has been trying anything from copyright libel to patent trolls to actually suing companies like TomTom (after using extortion), so what are the implications?

THREE years ago we wrote about Microsoft's 3 (or more) "Generations of Anti-Linux Lawsuits, by Proxy". It is neither news nor rumour that Microsoft is sending companies to fight its battles against competitors, GNU/Linux included. One which we cannot be sure Microsoft was involved in is the Acacia lawsuit which ended some days ago (here is Red Hat's own version/copy of the press release). Just like in the case of SCO, this whole mess took years to end and the GNU/Linux system was found not guilty (the software patent in question is junk). The damage done is one of reputation (FUD) and lawyers/litigation fees, which would be beneficial to Microsoft either way (no matter of the outcome of these lawsuits). Slashdot wrote about the subject and so did Groklaw, which added a reference to SCO:



Say, that's what SCO wanted, and Microsoft. Everyone wants to use IP bogo lawsuits to get money from Linux, it seems.


Paula Rooney also mentioned SCO in her coverage of the Acacia case:

Now that the SCO and IP Innovation cases are disposed of, it anyone else want to take on Linux?


SCO and Acacia are both sharing some connections with Microsoft.

TechDirt wrote about the SCO case which never seems to end. There is also yet another cartoon about it [1, 2] as coverage carries on.

Well, this is fascinating. Here's an order from Judge Ted Stewart in a dispute between Novell and its insurer, Vigilant Insurance Company. Novell tried to get them to pay for the SCO v. Novell litigation back in 2004 and they refused, so Novell sued last May. They were seeking to have at least some of their expense to defend from SCO's attacks covered by the insurer, but Judge Stewart just ruled on summary judgment [PDF] that slander of title isn't included in the policy and SCO's initial complaint was for slander of title only, so Vigilant doesn't have to pay.

[...]

You know what is sort of odd? This order was signed on April 27. The jury in SCO v. Novell ruled that SCO doesn't own the copyrights in dispute on March 30, 2010. Yet Judge Stewart never mentions that.


Pogson wrote about "Trying to Tax GNU/Linux," noting that:

There are the doers and the slugs. Slug are living things and need to survive but they do slimy stuff to eat what others produce. In the world of IT there are all kinds of slugs trying to tax the doers of GNU/Linux:

* M$ shaking down manufacturers for “royalties” * other more obvious patent trolls sued RedHat and Novell and Lost * SCO tried to claim copyright that software they did not own was copied in GNU/Linux


Microsoft has already initiated or at least supported lawsuits against Linux. What does that say about Microsoft's relationship with Free/open source software? As we found out a few days ago, Microsoft was apparently going to sue HTC before HTC decided to cough out some 'protection' money. HTC is coming up with the Android-based "Incredible" quite soon and it's just as incredible as the name suggests. Why should Microsoft make money from it given that it contributed not a single line of code to it? Welcome to the bizarre world of software patents and racketeering [1, 2, 3, 4, 5, 6, 7] as a profitable business model that does not put you in jail, assuming you have the right connections in the government.

Here is a look at the HTC Incredible:

“The Droid Incredible by HTC is an absolutely amazing device,” says PC Magazine, giving the phone its Editors’ Choice award and a 4.5 star rating. “The most powerful phone on the U.S. market today, it reflects and enhances the state of the art smartphone...It's one of our highest-rated phones in the past year.”


The HTC Legend finally allows rooting, which makes one wonder if HTC can just sell its phones without an operating system (and without Microsoft extortion tax) to install an operating system of one's own choice.

The HTC Legend, probably one of the best Android devices ever, has finally been rooted, which means you can now access the smartphone’s file system.


Here is what SJVN wrote about Microsoft's extortion:

For years, Microsoft has made patent threats against Linux. Mind you, Microsoft has never proven, or even attempted to prove, any of these claims. But that hasn't stopped Microsoft from using the threat of Linux patent lawsuit to force companies like Amazon into paying them off. Now, Microsoft has upped the ante. Microsoft has muscled mobile phone maker HTC into paying Microsoft off for patents that may apply to its Google Android-powered phones. In short, without actually proving that Linux is violating Microsoft's patents, the Redmond giant is 'taxing' companies for using Linux.


The 'Microsoft press' chose the headline "Microsoft Attacks Android in HTC Patent Deal" (strong wording) and Samsung expects to sell half of its phones with Microsoft's extortion tax included in the cost (please do not buy Samsung or HTC phones by the way).

There is another sign today that Android continues to pick up steam in the smartphone industry. Reuters is reporting that Samsung plans to put Android on 50% of it's smartphones in 2010, and possibly more beyond this year.


The HTC situation is also covered here, along with a new example of the patent system going awry.

Texas-based DDB Technologies, an intellectual property-holding company, has sued a host of US sporting leagues and companies which it alleges copied its live simulation, play-by-play text, graphics, animation and other patented interactive media-based technologies.

Just last week it filed a lawsuit against the National Basketball Association (NBA) and has also brought cases against ESPN, the NFL and Yahoo. The company recently settled a case against Major League Baseball, with the defendants, as part of the settlement, agreeing to buy a patent and entering into a licensing agreement with another.


It has been a while since we last covered Novell's OpenBallnux, but here is a weekly summary of news and a new video titled "Working With Suse Studio".

[an error occurred while processing this directive]



Finally, as a quick reminder, we urge readers to avoid products from HTC, LG, Samsung, Novell, and other companies that pay Microsoft for Linux. Only by refusing to buy from them will they (and Microsoft) get the message that extortion is not an acceptable business model and that software patents need to be shunned.

Recent Techrights' Posts

Real Security Elusive, Microsoft Layoffs to Coincide With Certificate Apocalypse
July 1
2026 is a Year of Strikes at the European Patent Office (EPO)
As it stands at the moment, to many people the EPO represents crime, not law
Only 1.5% Oppose the European Patent Office's (EPO) Strikes and Other Industrial Actions Until 2027
Among those polled/surveyed (in a ballot)
 
SLAPP Censorship - Part 112 Out of 200: Strangles Women, Then Refuses to Even Attend Any of His Own Hearings About It
It is meanwhile very apparent that Brett Wilson LLP is becoming a "mench sphere"
Gemini Links 20/06/2026: "There Was Never Supposed to Be a Camera" and "What Is A Programming Language"?
Links for the day
Geminispace Reaches Its 8th Year, Today It Has Turned 7
Gemini Protocol 'went live' 7 years ago, just before the COVID-19 pandemic
Links 20/06/2026: "Full Page Paralysis" and "Hopes For Xbox’s Future Might Be Over Before It Even Begins"
Links for the day
European Patent Office's (EPO) Strikes "at a Scale not Seen Since Battistelli", European Patent Grants Down by Over 25% in Past 3 Months
The actions are effective
Links 20/06/2026: Microsoft's "Year of Shame" and "Feed the Writers"
Links for the day
Web Browsers Are Technically Bloatware (No Matter What Runs in Them)
Don't make it a society that shames people into using a Web browser where none should be needed
Fedora Has Changed a Lot Since I Last Used It (IBM Dominates Almost Everything, IBM Agenda Displaces Community Goals)
"It is effectively 100% run by Red Hat/IBM employed people... even when they are community-elected representatives."
Andy (Cyber Show) on His Teacher Who "Squeezed Every Last Drop Out of Life, With Gratitude, Humility, Generosity and Mettle"
Some call them "eccentric" and are dismissive about what they have to offer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 19, 2026
IRC logs for Friday, June 19, 2026
Gopher/Gemini Links 20/06/2026: Slop With Tcl/Tk and Nokia 770 Perishes
Links for the day
SLAPP Censorship - Part 111 Out of 200: Garrett and Graveley (the Latter Arrested for Strangling Women) Keep Ousting Their Collaboration in Litigation, Lawfare in a Foreign Continent
it's not law, it's just warfare disguised as "law"
European Patent Office (EPO) Series: Lobbying in Lisbon...
reappointment campaign lobbying has not been restricted to the "home front" in Portugal
Slop Making Its Way Into Terms Where It Does Not Belong
Hopefully by year's end Google News can successfully cull (and deprive of traffic) almost all slopfarms
Links 19/06/2026: Microsoft Patent Troll Intellectual Ventures in Europe, "World Cup of Internet Resilience"
Links for the day
Links 19/06/2026: Salesforce Data Thefts and GAFAM's Conspiracy Theories That Data Center Opposition is a Foreign Plot
Links for the day
Links 19/06/2026: The Retweeting Class and Data Centres as National Security Risk
Links for the day
Don't Attack the Wives (or Spouses) of Pundits/Activists/Journalists
We will be writing several series about this in the future
Society Will Only Improve Owing to People Who Push Boundaries
Push boundaries with ideas and facts, not with forbidden language
Internet Relay Chat (Shorthand IRC) is Still Growing
Contrariwise, social control media is waning
The Register MS Published a New Page With "AI" 21 Times in It. It Was Paid SPAM.
The former editor of the The Register MS admitted to me (directly) that he knew all this "AI" stuff was stupid hype
Murdoch's Wall Street Journal (WSJ) Associates Dependence on a Ponzi Scheme With "the Future"
Those ludicrous ads (disguised as rankings) from WSJ deserve scorn and ridicule
The XBox Story is Still Fast-Developing, the Layoffs Are Confirmed to be Happening Already (Mid-June), Just Not "Officially"
Workers have Microsoft have long braced for what is happening this summer and will accelerate further in two weeks' time
Fake News From Rupert Murdoch's WSJ Could Not Keep IBM From Sinking
"2026 Best Companies for the Future"?
To GNU, AV2 Adoption May be a Year If Not Years Away
The leap between versions means that there is fertile ground for incompatibilities
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 18, 2026
IRC logs for Thursday, June 18, 2026
Gemini Links 19/06/2026: "Born and Raised by the Internet", Fifteen Years in Gopher
Links for the day
Links 18/06/2026: Clown Computing Has Harmful Sound, Facebook "Must Face the Music (Infringement Litigation)"
Links for the day
Digital Sovereignty Discussed in the United Kingdom (UK)
Digital Sovereignty would be nice, but let's remember what contributes to it
IBM Adds Only More IBM Staff to the Fedora Council, They Like LLM Slop for Posting 'Articles'
It's like Canonical with Ubuntu, only worse
IBM Common Stock Down to About $250, It Was at $330 Just 17 Days Ago
Happy birthday IBM!
Microsoft's CEO Openly Admits XBox is Not Sustainable and Microsoft is Beginning to Admit Slop Isn't Working and Is Not Not Sustainable Either
Expect Microsoft cancellations next month (or later this month) to impact far more than XBox and some studios
EPO and Disabilities: Payments Allegedly Disabled
But people who do cocaine can claim paid "sick leave" (over 100,000 euros for no work at all) if the President sleeps with them
SLAPP Censorship - Part 110 Out of 200: Anti-SLAPP Reform Formally Advanced in the United Kingdom (UK) the Same Week the Serial Strangler From Microsoft (US) Does Forum-Shopping in the UK
The only language they understand is money. They don't understand privacy.
Links 18/06/2026: UK Social Media Ban for Minors, Finland Lifts a Nuclear Weapons Ban
Links for the day
'Article' With "AI" 27 Times in the Page, It's "Partner Content" (Paid Spam) as Usual at The Register MS
We deem this a timely reminder that a lot of the hype around slop is paid-for lies
Microsoft Layoffs Have Reportedly Already Started at ZeniMax
The overall scale is unknown
Cyber Show: "Our independence remains intact and we're set to continue relentlessly probing the world of digital technology with hard questions"
As one should
European Patent Office (EPO) Series: Leveraging the Lusitanian Connection
Mendonça no longer functions as an independent agent but rather as a fig-leaf for a mafia-like entity that prizes obedience over integrity and self-preservation over truth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 17, 2026
IRC logs for Wednesday, June 17, 2026