Bonum Certa Men Certa

Microsoft Mouthpieces Put a Number on Microsoft 'Linux Tax'



"What we're seeing though now [from Microsoft] can be loosely described as patent terrorism, where people are using their patent horde as a threat..."

--James Eagleton, systems product manager for Sun Microsystems



Summary: Rob Enderle puts a price tag on Linux/Android to deter companies from using it; Gartner's software patents proponent does the same thing; CNET's Ina Fried carries on participating in Microsoft's patent terrorism with multiple dishonest articles about Android; Microsoft's own mobile business is a total disaster as we show using new articles

LAST year we found out that Xandros was paying Microsoft $50 per copy of GNU/Linux for patent 'protection' (no patents are even named, but it's just extortion/racketeering [1, 2, 3, 4, 5, 6, 7], so it's part of the plan).



Now that Microsoft is increasing its attacks on Android (extortion against HTC after collecting 'Android' tax from LG, Kyocera Mita, and Samsung) we find this totally misinformed article from Associated Press. The headline says that Microsoft is "cozy" with HTC when signing that settlement, but the HTC-Microsoft agreement was apparently an extortion. There is nothing "cozy" about that, so Jessica Mintz is just playing along with Microsoft PR. "Google Pays Microsoft To Sell Google Nexus One," says the weird headline of another news site. This same silly Web site says (in the headline) that "Apple & Microsoft Benefit From Android Phone Success"

What??? Apple?

A writer would have to be seriously out of touch to summarise the situation this way. This is extortion. It's not about being "cozy" with Microsoft and it's not about "Google Pay[ing] Microsoft To Sell Google Nexus One". These reports are bound to deceive a lot of readers and benefit Microsoft's racket, which is probably illegal in many countries. Here is a better example of coverage.

According to another article which cites another, 'Microsoft Enderle' says that $20-$40 is the size of the 'Android tax' or 'Linux tax'.

A Bloomberg article has it that analyst Rob Enderle estimates that HTC, as well as other unnamed phone makers, may have to pay Microsoft $20 to $40 for each Android handset sold. Of course, analyst predictions can be (and often are) wrong. $40 per phone is way too much.

Rob Enderle also says that “Android is going to fall off as an expensive and risky platform”, unless Google manages to avoid paying that much money to Microsoft.


"If it's 20 to 40, [this] is more than what Microsoft would get for [Windows] CE on the phone," remarked our reader Oiaohm. Rob Enderle could just be lying here for FUD; he also insisted that SCO had a true case.

"Microsoft’s Got Nothin’," explained one blogger, who makes the mistake of confusing patent deals in general with patent deals involving Linux (the first sentence is not correct).

In the last three years, Microsoft claims to have entered into over 600 licensing agreements with companies small and large over alleged patent violations in "Linux". One consistent feature of all these agreements is that their contents are unknown. No one, other than Microsoft and the relevant "licensee", knows which parts of "Linux" violate which patents. Another consistent feature is that most of the "licensees" are small companies without the resources to take on Microsoft in a patent claim. However, there are a number of larger or more high profile companies that have also entered into such agreements, including Amazon, Novell, Xandros, Turbolinux, TomTom and most recently HTC. The whole situation is clouded in mystery under a veil of PR speak and mumbo jumbo. So what the hell is going on? What can we deduce from what we know so far?

[...]

Because all of the licensing deals are confidential, no one knows "what" in "Linux" infringes on Microsoft’s patents. By keeping the "what" confidential, Microsoft does not need to identify the patents it claims are infringed. This means that Linux users cannot investigate these patents and analyse their potential validity if challenged.

[...]

Obviously, this whole article is based on conjecture and speculation, however, it is an interesting analysis, which may point to a number of conclusions in relation to Microsoft’s recent patent enforcement activity. First, Microsoft is worried – not specifically about Linux per se, but about the shift of the computing world to new appliance-like devices and the cloud. Linux being just one player in this space. Secondly, the patent claims against “Linux” are in fact based on the vfat file system, and attacking “Linux” vendors and distributors is a convenient way to hit both embedded device manufacturers and Linux distributors at the same time. Thirdly, the patents that Microsoft claims to be infringed by Linux are probably not particularly robust, and/or where they are robust, they can be easily coded around.


This post makes the incorrect assumption which is based on a claim attributed to Microsoft. Very few companies pay Microsoft for Linux. There are hundreds (if not thousands) of companies out there which sell Linux in one form or another. Only about a handful or maybe a dozen pay Microsoft for Linux; FAT is a separate matter and it was resolved last year with a patch whose availability got overshadowed by an announcement from Microsoft. We wrote about this before and provided the supporting links.

“Very few companies pay Microsoft for Linux.”In any event, this latest extortion against Android (it was not the first because LG, Kyocera Mita, and Samsung preceded it) was mentioned by Florian, who says that the "Gartner Group believes need to pay for patent licenses "puts a serious crimp in Android’s game plan"" and he points to longtime software patents proponent Brian Prentice [1, 2, 3, 4, 5]. Does he know who he references there? Gartner has been playing along with Microsoft's software patents spiel for quite a few years now.

Let's explore Microsoft's motives for attacking Linux so viciously while trying to paint itself as a friend of "Open Source". The short story is that Microsoft is dying in the mobile space, so unless it finds a way to sabotage or 'milk' its competitors' business, its future is uncertain.

"Verizon runs low on Droid Incredibles," says this new report, which is another sign that Linux-based phones are flying off the shelves because of customer demand (whereas Microsoft's are taken off the shelves by sellers because no customers buy them).

Speculation has it that Verizon wasn't prepared for the onslaught of Incredible buyers who had been holding out for Google's Nexus One phones. Google last week indicated that it may not bring its own branded smartphone to Verizon, recommending Verizon consumers look at the Incredible instead.


The "Incredible" is an HTC phone, which means that Microsoft will make money from it (even though it contains not a single line of code from Microsoft). Here is a new video showing the phone.

HTC’s small yet power-packed Incredible phone has already bagged a rave review from us. If you want to see more of the phone, here’s a cool stop-motion animation video, via Engadget, that shows the unboxing of the Incredible.

TechRestore, an electronics repair shop, has taken apart the Incredible and then it put all back together.


PhonesReview asks, "Will Microsoft KIN Phones Lose out to HTC Droid Incredible?" Well, no matter which one people buy, Microsoft gets paid either way.

The latest handsets from Microsoft the KIN One and KIN Two have now become available, but according to an article over on strategyeye, the Microsoft KIN phones may well lose out to the likes of the HTC Droid Incredible, and even the Palm Pre Plus and Pixi Plus.


We'll soon come to discussing the Palm Pre, whose Linux-based operating system is apparently also defeating Vista 7.

We ought to point out that HTC's patent deal/settlement with Microsoft came around the same time that HTC hyped up Windows. The 'Microsoft press' called it "Redmond vs. Android" and there are signs that Microsoft's actions act as a deterrent to those who wanted to use Android in their products (BlackBerry maker for starters) (another site asks, "Will RIM’s New Operating System Save It Market Share?"). That's just what Microsoft intended, other than the intent to tax products it does not own.

Microsoft's booster from CNET (Ina Fried, who also pasted Microsoft's patent terrorism against Android) has co-authored and published the article titled "Patent fights could change Google's Android pitch"

Recent moves from Apple and Microsoft show that the big guys are not going to be shy about deploying their array of patents as competition increases.


More shameless FUD from Fried. Are people still reading CNET at all? What is this?

“Ina Fried is therefore no better than SCO boosters like Rob Enderle and Laura DiDio.”In another article from Fried, it says: "In a statement to CNET, Microsoft deputy general counsel Horacio Gutierrez said that, although Microsoft prefers to resolve intellectual property licensing issues without resorting to lawsuits, it has a responsibility to make sure that "competitors do not free ride on our innovations..."

At Groklaw, Pamela Jones responded to the above portion by saying: "That's exactly what SCO said."

Ina Fried is therefore no better than SCO boosters like Rob Enderle and Laura DiDio. CNET is just starting to look like more of a joke than we already knew it was, with Fried carrying the torch [1, 2] of Microsoft FUD.

Microsoft's frantic response to Android is not too surprising. Android is said to be the fastest-growing mobile platform, whereas "WinMo and Zune depress Microsoft's mobile sales," says this new report

As part of its Q3 results announcement, Microsoft said revenue in its mobile and entertainment division - excluding the Xbox gaming platform - fell by $80m. Windows Mobile has lost over 20% of its smartphone market share in the past four months, according to estimates from comScore, with Android the main predator. In the US - the best market for both OSs because of the weakness of market leader Symbian - the study says WinMo has just 15.1%, while Android has doubled its share in a year, to 9%, and is sure to hit double figures very soon.


Microsoft is dying in the mobile space and we know this because the company is leaping to vapourware again. Windows Phone 7 is not even out yet and they are already talking about Windows Phone 8. Should we laugh or should we cry? One thing is for sure: Microsoft boosters like Mary Jo Foley are promoting Microsoft's Windows Phone 7 in the most futile of ways (with question marks and words like "maybe" because they don't believe what they write anymore).

Mary Jo Foley is also writing for the 'Microsoft press' now (unless it's just a mirror), which removes most pretenses of unbiased reporting/opinions. As another new article points out, there are no applications for Windows Phone 7 (or hardly any).

Microsoft is still trying to generate hype using journalists*, but largely negative reviews continues to flow in. How about this roundup from Information Week?

KIN Reviews: Microsoft Phones A Flop?



The early reviews are in for Microsoft's new KIN phones—and pundits, for the most part, aren't overly impressed with Redmond's attempt at a mobile device geared primarily toward social-networkers.


In our previous posts about KIN [1, 2, 3] we showed many more negative reviews. There is a limit to how many journalists Microsoft can bribe incentivise with phones that are not yet available to the public. Microsoft used similar tricks to preset a consensus and glorify Vista 7 (Vista with a new name and marketing/AstroTurfing campaign) before real customers could review it.

The company is now filing for the "Kinect" trademark. What a repellent word. Is this another attempt to compensate for bad products using branding? We gave several such examples earlier in the week. ______ * Or boosters masquerading as journalists, Todd Bishop for example because he can't ever say anything negative about Microsoft products, not to mention those givings of schwag to boosters like Ina Fried , who also did the same thing when Zune was released and then hyped it up quite a lot in CNET.

Recent Techrights' Posts

Mass Layoffs at Microsoft, March 2026
When will the media properly investigate this?
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part IV - Escalating to Ministers, Explaining the Severity of These Matters
British Sovereignty at Stake
Garrett Announces LibreLocal Instance in Northampton, Massachusetts (USA)
his message was the only one last month
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026
Geminispace Continues to Grow
Geminispace Will Soon Have 5,000 Capsules
Very Little Slop About "Linux"
We hope to see slop eradicated by year's end
BBC Lied for Its Longtime Sponsor (Bribes for 15+ Years) Bill Epsteingate, in Effect Covering Up Sex Trafficking of Underage Girls
The state of the media is truly awful
Microsoft GitHub is Not Free Hosting and It Won't Last
Not for much longer [...] Microsoft is afraid to say that it is pulling the plug, but it seems inevitable
"The Lost Generation" Came Back, This Time Literally
Based on my limited experience with young people ("alphas"), they're lost
IBM is Not Likely to Survive Another Decade
Despite having already survived over a century [...] Last week we saw claims that some company would likely acquire IBM for its remaining assets
IBM Has Just Been Sued Again by Its Own Staff (This Time a Manager, Stephen P. Gutierrez)
IBM's behaviour towards its staff can prove costly
When a Company Says Its Layoffs are "Due to AI" Check the Debt (Typically the Real Reason for Mass Layoffs)
The mass layoffs at Microsoft continue, but Microsoft hides those in some of the same ways IBM does
Doing More With Less
primacy of concepts rather than bells and whistles
Andy and Helen in Cybershow on Divesting From the United States' Technology and Politics
It is no longer considered a taboo to say this and it's not "anti-American" because many Americans can relate to and agree with such criticism
Links 10/03/2026: "GEMA v. Suno Copyright Case" and "Valve Faces PRS Lawsuit Over Allegedly Unlicensed Steam Music"
Links for the day
Gemini Links 10/03/2026: Woods in UK, Slop Laziness, and "Small Technology and Small Economic"
Links for the day
Microsofters' SLAPP Censorship - Part 8 Out of 200: Gross Misuse of UKGDPR to Protect the Agenda of American Back Doors (Mass Surveillance)
Responding to bunk claims regarding UKGDPR and claims of 'analytics' in our sites
Links 10/03/2026: Oil Prices Rising, South Korean/US Military Assets Redirected
Links for the day
Links 10/03/2026: Rust Rewrites by Slop "20,171 Times Slower", "You MUST Review LLM-generated Code"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 09, 2026
IRC logs for Monday, March 09, 2026
Attacks on Techrights Make Techrights Stronger and Attract More Whistleblowers to Techrights
The harder they attack us, the more productive we become
The Register MS Has Just Taken Money From Google (Where the Former Chief Editor Now Works) for Femmewashing and Ponzi Scheme Promotion
now The Register MS not only promotes a Ponzi scheme but also bags money to pretend Google respects women
People at IBM Are Still Smart Enough to Understand What's Really Going on
"I would never refer someone to work at IBM that I liked! I hope all of you have reviewed IBM on Glassdoor."
European Patent Office (EPO) to "Eventually Eliminate the Tasks Performed by Formalities Officers"; EPO Run by People Without Experience in Patents
full paper
RMS is 73 Next Week
Richard Matthew Stallman (RMS) turns 73 exactly 7 days from now
Iran & FSFE: blackmailing women, from football to the French Government (CNIL)
Reprinted with permission from Daniel Pocock
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part III - Very Strong Legal Basis for an Appeal
The case is now being escalated to a Foreign Secretary and former Deputy Prime Minister
Police investigations, lawsuits & Debian leader election candidate shortage
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) Has Defeated Cancel Culture, a Mostly American Phenomenon
RMS is talking now
No Slop Found in RSS Feeds, Only in Google News
No slopfarm will survive for very long, certainly it'll go bust as soon as readers (if it had any) know what it is
Links 09/03/2026: Many Security Breaches and a Pandemic of Censorship
Links for the day
People Who Work or Worked at IBM Hate It
bluewashing is only the first step
Richard Stallman (RMS) Talks in 30 Minutes, Next Stop Bern (Last Stop)
We assume he'll travel back to Boston after that
IBM's Fedora as a Booster of Slop Disguised as Code or Computer Programs
Maybe we should also stop seeing a doctor and instead ask chatbots about symptoms?
Richard Stallman (RMS) Talk Five Hours From Now
there is growing recognition for what he really did for everybody
What the Solicitors Regulation Authority (SRA) and Action Fraud UK Have in Common
Don't let London become the world's "crime capital"
EPO Strike 10 Days From Now, Planning Assembly Tomorrow, Last Couple of Strikes Had High Participation Rates (1,500-1,600 Staff Went on Strike)
The next strike is in 10 days' time and then there will be another strike
Dr. Andy Farnell on How GAFAM, NVIDIA and Others Lie to People Via the Sponsored Media to Prop Up Lies Under the Guise of "AI"
Lots of key aspects are covered
Links 09/03/2026: GAFAM Outsourcing, "MAGA Political Meddling" in EU, Indonesia Bans Social Control Media for Children Under 16
Links for the day
Using Slop (and Slop in Articles) to Attack Copyleft 'on Budget'
This article is pure BS from an anti-GPL and anti-RMS 'activist'
Why The Register MS Sold Out to Microsoft: They're Losing Lots of Money, The Register MS is Bleeding to Death, Based on Its Own Financial Records
With over 6 million pounds in debt (nearly 10 million US dollars) we guess it's likely some other company will take over the site (if it deems it worthwhile)
Microsofters' SLAPP Censorship - Part 7 Out of 200: Like With the Serial Strangler From Microsoft, Misuse of UK-GDPR to Try to Hide Embarrassing Facts
They do and say really bad things, then allege it's a "privacy violation" to mention those things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 08, 2026
IRC logs for Sunday, March 08, 2026
Gemini Links 09/03/2026: Exponentials and Tailscale
Links for the day
Sloppyleft
Article by Alexandre Oliva