Bonum Certa Men Certa

Signs of Defeat: Microsoft is Suing Linux Again, Using FAT Software Patents

Microsoft is throwing gorilla dust again

Salt throwing



"We counted over a million lines of code that we allege are infringed in the Linux kernel today." --Darl McBride (SCO), September 11th, 2003

Summary: Microsoft declares patent war on Motorola, which has a very extensive patent portfolio of its own and may never again partner with Microsoft as a result

MICROSOFT grew out of a culture of aggression and its founders are fiends*. Having heard testimonies about extortionists like Bill Gates we are not surprised to see Microsoft going down the same path as SCO. As an increasingly frail company that fewer and fewer people care about, it just needs to roar a little, due to bad judgment from eccentric managers like Steve Ballmer, who famously said that "Linux is a cancer that attaches itself in an intellectual property sense to everything it touches."

What Ballmer was trying to say is that he cannot compete against GNU/Linux unless he creates and lobbies for something imaginary which he calls "intellectual property" (that would be deceiving terminology for software patents). Ballmer cannot be too happy to see all those dying Microsoft products which he must drop as the company's value drops too.



Some years ago we still saw some real announcements coming from Microsoft. Occasionally they announced some new products, but in recent months/years the announcements were often about the death of products and yesterday the main announcement was about Microsoft suing a partner/competitor using software patents. Linux is part of this lawsuit based on the following list of patents from Microsoft Emil (the first few correspond to FAT):

The nine patents in question in the ITC complaint include:

* 5,579,517: Common name space for long and short filenames * 5,758,352: Common name space for long and short filenames * 6,621,746: Monitoring entropic conditions of a flash memory device as an indicator for invoking erasure operations * 6,826,762: Radio interface layer in a cell phone with a set of APIs having a hardware-independent proxy layer and a hardware-specific driver layer * 6,909,910: Method and system for managing changes to a contact database * 7,644,376: Flexible architecture for notifying applications of state changes * 5,664,133: Context sensitive menu system/menu behavior * 6,578,054: Method and system for supporting off-line mode of operation and synchronization using resource state information * 6,370,566: Generating meeting requests and group scheduling from a mobile device



There are also comments on this article in LWN.

Microsoft is just suing Linux/Android, which is winning. Apple must be happy to see Microsoft do this. The brutes from Microsoft are now suing the last major hardware company which sells Android-powered phones and does not pay Microsoft for the 'privilege'. The rest of them, all of which are based in Asia, already pay for imaginary Linux patent infringements (never named, just numbered but not enumerated based on some hypothetical basis).

“After suing another Open Source project, how come M$ say it loves Open Source ? What about Outercurve farce ?”
      --Reader from Brazil
All the major Android-distributing companies -- notably HTC, Samsung, and LG -- already pay Microsoft for Android (or at least claim to be paying Microsoft for it). All along we kept arguing that the only large distributor of Android which did not pay Microsoft for Linux was Motorola, which has patent prowess just like Nokia. "Guess this time they [Microsoft] went too far," said to us one of the readers. "Motorola has thousands of patents, covering broad areas(uProcessors, Telco)."

"Nokia could join with Motorola and sue the ASS out of M$. This time they're not fighting Tom Tom like firms," said another reader. To quote other responses from Techrights readers: "After suing another Open Source project, how come M$ say it loves Open Source ? What about Outercurve farce ? Shameless face..."

Microsoft's lawsuit in this case is not so different from the legal action against TomTom (mixture of patents targeting Linux and other areas). HTC appears to have surrendered to Microsoft only after Apple sued them too. Our guess is that Microsoft has been extorting and pressuring Linux/Android vendors for quite a while and Motorola refused to pay for the non-existent/unbacked claims. Here is the coverage from Murdoch's press

Android has since replaced Microsoft as the mobile operating system of choice for handset vendors that don't already have their own proprietary software. And while Samsung Electronics Co., LG Electronics Co. and HTC have committed to making Windows Phone 7 devices, all of them have a much larger presence in Android.


In IRC, one reader hypothesises that the timing of this lawsuit was intended to almost coincide with the release of Vista Phone 7 [sic], perhaps in order to ensure that people talk about Android being "not free" while Microsoft keeps waving its lousy new platform, attempting to use half a billion dollars in marketing just persuading carriers/manufacturers to support Vista Phone 7.

Mitchell Ashley remembered quite correctly Ballmer's words which are analogous to his early laughter at the hypePhone. Ashley chose the headline: "Steve Ballmer: Google Android "just some words on paper". You can say the same about Windows Mobile 7 today."

Google Android is winning over customers, whether Microsoft's Steve Ballmer wants to admit it or not. In a Tokyo press conference in 2007, Ballmer referred to Google's upcoming Android OS as "just some words on paper right now" and "right now they have a press release -- we have many, many millions of customers…".


We've had a very long discussion about what Google and OIN should do about it. gnufreex wrote: "I am now thinking Google should buy some patent troll and go after everything Microsoft makes."

A complaint could probably be filed by Google because this is racketeering [1, 2, 3, 4, 5, 6, 7]. Microsoft is trying to embargo Motorola phones, using a sort of economic pressure/sanction (International Trade Commission [1, 2, 3, 4, 5, 6]) in hope of making Motorola settle rather than pursue justice in court. Microsoft did the exact same thing to TomTom. It's vicious.

Microsoft said today that it has filed suit against Motorola for patent infringement related to Motorola’s Android smartphones. Microsoft filed the suit in U.S. District Court in Washington and also filed a complaint to the International Trade Commission.


Here is an example of very poor coverage of the lawsuit

Microsoft says Motorola's Android phones are patent infringers


Techrights' inception as "Boycott Novell" about 4 years ago was designed to end Microsoft's patent attacks on GNU/Linux. These attacks began shortly after Novell and Microsoft had signed their patent deal, which was initiated by Novell in the middle of 2006.

“These attacks began shortly after Novell and Microsoft had signed their patent deal, which was initiated by Novell in the middle of 2006.”Beware the spinners who keep pretending that Microsoft has turned soft on software patents. This lawsuit only provided further justification for avoiding Mono and Moonlight, especially in Android (c/f MonoDroid [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15]).

Microsoft has gotten desperate and its mob/lobbyists are spinning this lawsuit as reasonable.

If the allegations are true and Microsoft Florian is indeed one of the mobbyists [sic] on the company's payroll (like ACT), then utterly disgusting techniques is all this monopoly abuser has got left, trying to force its way back in by 'spamming' blogs and getting told off for it, e.g. in the following comment:

When will you stop spamming the intewebs, Florian? Are you get paid per post?

You anti-FLOSS crusade is so ridiculous that it is not even funny anymore. It is really pathetic that Microsoft sends failures like you to do perception management.


To quote one line of nonsense from this mobbyist, "Google must now act constructively and try to work out amicable arrangements with those right holders." Amazing! ___ * Bad behaviour descends from above. For example, "we will have to consider the patents they violate," wrote Bill Gates about Star/OpenOffice some years ago.

Comments

Recent Techrights' Posts

Why We Publish Information About the SLAPPs (But Not About the Legal Process), an Abuse of Process by Americans Trying to Silence Critics of Their Employer, Microsoft
It doesn't take thousands of pages to explain something simple
 
Links 02/09/2025: Attacks on Unions, Microsoft TCO, and DDoSing a Growing Problem
Links for the day
Internet Relay Chat Didn't Fall Off a Cliff
IRC will turn 40 in less than 3 years from now
The UEFI 9/11 - Part V - This is Not a Drill (Disable "SecureBoot" Now)
A "9/11" Coming
There's No Obligation to Speak to Anybody
The very fact that "bkuhn" is till spending time in social control media says a lot about his poor judgment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 01, 2025
IRC logs for Monday, September 01, 2025
The Register MS Says "AI Web Crawlers Are Destroying Websites", So Why Does The Register MS Help 'AI' Companies? (Spoiler: Money)
People need to call out The Register MS on its hypocrisy
Microsoft Trying to Force People to Resign (Amid Mass Layoffs) a Strategy That Takes Its Toll
Microsoft seems to be circling down the drain and the "final flush" will be the moment the "hey hi" (AI) bubble implodes completely
Google Simply Cannot Be Trusted
Only fools would trust GAFAM
Admission That a Third Party (or Parties) Funds the SLAPPs Against Techrights
This can end up costing them over a million dollars
Modifying and Writing One's Own Computer Programs is Not a Crime (or: Google Proves That Stallman Was Right)
We're generally gratified to see so many positive mentions of him
Why We Stopped Publishing Videos (for Now)
We'll probably get back to videos one day, but it's hard to say when or to what extent
What Animal Rights Activism Teaches Us About Sympathy and Focus
It's possible to believe that the planet is warming, that we must do something about it, and still eat eggs and butter
When You Turn Web Sites About Tech Into Political Sites
A lot of people fall into the trap of catering only for particular groups
Gemini Links 02/09/2025: ROOPHLOCH 2025 and Lagrange 1.19 Released
Links for the day
Gemini Links 01/09/2025: News Corp. WSJ and A Month With NixOS
Links for the day
Slopfarms Already Peaked, They Will Die When Slop Companies Run Out of Money to Borrow
slopfarms will lack an actual "engine"
“Sideloading” Never Killed Anybody
There are many online discussions this week about the misnomer "sideloading"
Slopwatch: Google News as FUD Vector Against Linux and Plagiarism Enhancer, Serial Slopper (SS) Uses LLMs to Googlebomb "Linux"
Slop destroys the Web not just by screwing with search engines and helping plagiarists. It's also responsible for de facto DDoS attacks...
Links 01/09/2025: "Attacks on Science" and China's "Soft Power" Grows
Links for the day
Links 01/09/2025: Fresh Backlash Against Slop and "Norway’s Electricity Crisis is About to Hit Britain"
Links for the day
Writing and Coding Isn't Always Enough
Last year we had to assume a role we didn't have before: litigants
Links 01/09/2025: Catching Up (Mostly via Deutsche Welle), "Windows TCO" Effect in UK
Links for the day
Gemini Links 01/09/2025: Linguistic Barriers and "Web 1.0 Hosting"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 31, 2025
IRC logs for Sunday, August 31, 2025
Autumn Has Come
Autumn should be exciting in all sorts of ways; it'll also mark our anniversary
The UEFI 9/11 - Part IV - External Interference
They all seem to be playing a role in crushing Software Freedom and self-determination for users
Links 31/08/2025: Baggage Claim Scams, an Insurrectionist’s War on Culture, and a Sudden Robotics Hype
Links for the day
Gemini Links 31/08/2025: Reviewing Netsurf and Slightly Less Historic Ada Design
Links for the day
IBM Has Taken Control of GNOME
Don't expect a successor to be found any time soon
Links 31/08/2025: Google Gmail Data Breach and LF Puff Pieces for Pay
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 30, 2025
IRC logs for Saturday, August 30, 2025
This is What Google News Has Become
Moments ago