Bonum Certa Men Certa

Microsoft Co-founder -- Like Microsoft and Intellectual Ventures -- Helps Add Patent Tax to Linux

Hand on keyboard



Summary: Our extensive coverage (primarily with links) about the refiled Traul Allen [sic] lawsuit, which this time mentions the Linux-powered Android as a target

THE PREVIOUS two posts covered patent troll Intellectual Ventures [1, 2]. In the latter part we showed allegation that Microsoft's former CTO had begun extorting Linux using software patents and we deliberately separate this from Traul Allen's similar action. Allen is Microsoft's co-founder and the 'Microsoft press' makes it clear that Facebook, which is a patent abuser-aggressor, is among those hit. We last mentioned Facebook in relation to the Goldman Sachs 'bubble machine' and Groklaw's response to it was: "Surprise. The SEC announces an investigation of the Goldman Sachs workaround ("We're only one shareholder, really, just privately sharing with our best friends a little bit") and presto, chango, Facebook suddenly is talking going public."



“Haven't we seen this type of scam before? Harming society for the sake of some stocks and patents while claiming to do 'charity'?”Anyway, Facebook's inclusion in Allen's list is a subject we touched on before and it is better to concentrates on Allen's impact on Free software. The Seattle press is pretty useless for unbiased information because he is worshipped there just like the Gates Foundation. Money tilts coverage. Here is an example of Allen buying the hearts of Washington State (example from end of November) with another report here and a new (to us) disclosure that he wants "to run his own private investment office."

Haven't we seen this type of scam before? Harming society for the sake of some stocks and patents while claiming to do 'charity'? We saw that coming.

As usual, the Seattle Weekly stands out of from crowd by taking a bolder step and generalising a little. The title is "Paul Allen Still Determined to Sue the Internet" and it is critical:

Microsoft co-founder and 400-foot yacht-owner Paul Allen is determined to sue the pants off the internet. Well, maybe not the entire internet, per se, but rather a bevy of the biggest companies around that use it.

Allen's lawsuit was originally filed in August, after his platoon of lawyers poured over his patents and came up with a way to argue that he practically invented the internet in his Interval Licensing lab in Palo Alto that's been closed now for 10 years.


Groklaw generalises by saying that Allen sues the whole world and Robert Pogson has his own take too:

There should be a law against trolling like this. I remember using software that does this kind of stuff in the 1970s before the web was around. Even a table of contents or an index could be said to infringe. This is so vague it should also be chucked. Perhaps they will tweak the court’s interest with a third amended complaint or add a few hundred other software patent claims.


Here are responses from LWN. It's pretty much as expected and Microsoft Florian posts more anti-Android rhetoric in Twitter (he claims to be using Android but links to inflammatory/Google-hostile news of this type). Jan Wildeboer, who used to know Florian personally, interprets this as follows:

So now [Florian] claims Android could be killed by MSFT/Allen patents. Why am I not surprised? I guess Google should pay FRAND to MSFT?


Jan Wildeboer points to this old page about Microsoft Florian and stresses: "This is what [Florian] had to say on FRAND some years ago" (by the way, Wildeboer posts primarily in Identi.ca and like many of us he also passes output to Twitter where more people reside, including Microsoft Florian).

Basically, the Microsoft boosters keep painting this mostly as problem to Android, perhaps because they want to scare phone makers*. What Allen is doing makes sense on the one hand, but it is also odd because on the other hand "Kiha Raises $20 Million From Paul Allen To Build A Mobile Assistant" and it targets Android:

Seattle-based Kiha Software, which has raised $20 million from Microsoft (NSDQ: MSFT) co-founder Paul Allen, launched Aro Mobile, a product in beta for Android devices that it supposed to make your phone smarter, and link together email, SMS, calendar and contacts to make your phone into a virtual assistant.


Microsoft has been very aggressive against Android recently it is now being daemonised further, says a Forbes blogger. There is an attempt to put Bong [sic] on Linux-based Android phones across all U.S. operators [1, 2, 3,, 4], which works well as a Trojan horse. Microsoft cannot stop Android anymore, so it is trying to make Android subservient and profitable for Microsoft.

Google is now under fire and Google's Android (or Linux) too, by association. One article headline says that Google Fights Back in Patent Suit vs. Microsoft Co-Founder:

Google said Interval failed to identify how Google has infringed on his patents, the underlying technology at issue, and the products or services offered by Google that are alleged to infringe.


When it had just been published in the news (before the new year) Groklaw wrote: "It's not on PACER yet, so likely one of the parties provided it to the journalist, which as I've mentioned in the past is a common event. What is interesting is that the complaint attacks Android directly, surprise, surprise: "54. Defendant Google has infringed and continues to infringe at least claims 1, 3, 7, 9, 10, 12, 13, and 15 of the ’314 patent under 35 U.S.C. €§ 271 by making, using, selling, distributing, and encouraging customers to use devices containing the Android Operating System and associated software such as Text Messaging, Google Talk, Google Voice, and Calendar, and by making and using the hardware and software that operate the Android and Android Market infrastructure. Google’s infringement of the ’314 patent that relates to Android results from substantially the same activities as its infringement of the ’652 patent, described above in €¶ 44.""

“As a reminder, Microsoft has already attempted to feed patent trolls with Linux-oriented patents.”This can add to Microsoft patent tax and yet seem to be totally independent from Microsoft. As a reminder, Microsoft has already attempted to feed patent trolls with Linux-oriented patents. Luckily, it got caught and stopped by the OIN [1, 2, 3, 4, 5, 6].

This whole situation got a lot of people upset and to cite just one example, John C. Dvorak published "Software Patents Have Got to Go!" (also see "Software Patents: Good Idea or Got to Go?"):

All the brouhaha with Paul Allen suing, well, everyone makes it even clearer that software and process patents need to go.

If you haven't noticed, Paul Allen has sued Apple, Yahoo, Google and other websites over some patents he holds that preclude just about anyone from doing anything modern via a website or browser. I find the brouhaha highly amusing, and it brings up a number of questionable situations.


In addition, see articles such as "Paul Allen refiles to sue the world"; "Paul Allen revises patent suit against 11 tech firms"; "Paul Allen revises patent suit, targets Android, Apple iTunes"; "Paul Allen Refiles Patent Case VS Apple, Google, Etc."; "Paul Allen amends lawsuit against Facebook, Apple and others" and "Microsoft co-founder Paul Allen re-files patent suit against Apple" .

“The scratching patent is small beer. He is working on a breathing patent, it never happened until his birth.”
      --Satipera
As a joke, our reader Satipera wrote: "Paul Allen says he was the first person to scratch his bollocks , and if you think you did it before him see you in court. #swpats #humour"

Agent Smith replied with: "Oh, Oh, now he wants to earn money just for scratching his bollocks and nothing more... Why need to work, when he can sue ?"

To which Satipera responded as follows: "The scratching patent is small beer. He is working on a breathing patent, it never happened until his birth. #swpats #humour"

He also posted a link to "Patent Troll Alert: Paul Allen Tries Again to Scam the World". [hat tip: Satipera]

Let us be very specific here: A patent has become nothing more than a rubber stamp passing the whole thing over to the courts to figure out what might be true and then collect money from somebody. In other words, today's Patent Law is a litigation make-work program to protect the welfare of the legal profession and the courts.


That last statement nicely leads into future posts we'll make very shortly about the system which enables all this abuse. _____ * It is hard to tell what happens privately, but Microsoft mobbyists appear to have already 'briefed' (by mass-mailing) journalists for anti-Linux tilt. Some of the FUD-spreading mobbyists spin this Interval suit (simply revised, same targets) as someone legitimately attacking Linux for infringement (because it is mentioned briefly, further down in "€¶ 44" and "€¶ 54").

Recent Techrights' Posts

We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
The Way Things Are Going, They May Soon Stop Saying "Web Address" and Instead Say "Chrome Address"
The Web isn't built or based around open Web standards anymore. It's centered around user-agent.
Microsoft as a Golden Cage
"I was laid off by Microsoft and can't find a job. I'm weeks away from giving up my apartment and moving across the country to live with family."
Weekend Discussion About How IBM's Bluewashing of Red Hat Will Cause "Enshittification" for Users
"I worked at a software company that was acquired by IBM so I knew it was game over for RedHat the day they were acquired"
Brett Wilson LLP Getting Sued by Its Very Own Clients, a Legal Story That Has Made the Mainstream News (Law360)
Law360 or Law.com are about as mainstream as one can get in that "sector" (litigation 'industry')
Lucas Nussbaum & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
 
The Same People Who Attacked Richard Stallman (RMS) Are Attacking Daniel Pocock to Discourage People From Listening to His Information
Pocock is being demonised for the same reasons and by the same people who attack RMS
Your Typical Anti-Richard Stallman (RMS) Cancellist
"About the RMS cancellation"
Richard Stallman (RMS) Has Announced His Talk in Rome Less Than 20 Hours in Advance (and on a Sunday)
Why did he wait until the night before?
GNU Tools Cauldron Event in Portugal: Videos Now Available via Invidious
Go have a look
Slopwatch: GNU/Linux Sites That Became Slopfarms and Spamfarms
The Web is a mess and "Linux" or "Ubuntu" sites became part of the problem
Richard Stallman's Talk 25 Hours Away, Aula Magna Palazzo del Rettorato (CU001), Sapienza Università di Roma (Piazzale Aldo Moro, 5)
The talk is 25 hours away and we see some QR code for it
Gemini Links 12/10/2025: Watches, the Depression of 2026, Gamboling with Odds
Links for the day
Links 12/10/2025: 'False' DMCA Claims and Slop Facing Perils Again (the Hype Wears Off)
Links for the day
Microsoft Has Just Lost Privacy Case in Austria and Its Latest Moves Make a Complete Ban Seem Imperative
Microsoft is not a software company, it's a spying agency that uses software to collect data
The Register MS: Microsoft is the Security Expert, Not the Prime Culprit, So Buy More Microsoft
This front page feature is devoid of any actual substance, it's just Microsoft copypasta
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Stefano Zacchiroli (Zack) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 12/10/2025: "Palm Computering", Further Exploration of Slide Rules, and Key Takeaways from The Well-Grounded Rubyist
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 11, 2025
IRC logs for Saturday, October 11, 2025
Tomorrow: Founder of the Free Software Foundation and of GNU/Linux, Richard Stallman, Speaks in Roma (Rome), Italy at 4PM
GNU/Linux is more important than ever in this dystopian world
Microsoft and Apple Are Rare Topics in Geminispace
in Geminispace it's rather safe to assume everyone is into BSD, GNU/Linux, and sometimes retro
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
The Demise of Shopping in Person
In a world like this, how valued is the customer?
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025
Geminispace is Very Large
The word continues to spread and the number of participants grows
Another Wave of Microsoft Layoffs, This Time During National Day Holiday
This time it's China again
10 Out of 10: RMS Attracts Massive Audience in Göteborg, Sweden (All Seats Occupied, Some People Standing)
a 55-second clip of his talk
Staying Happy in Times of Crackdowns on Civil Society
Optimism in this sort of "new reality" or "new normal" seems like something for the irrational person
"Nobel" Exploited Posthumously for "AI" Hype, Now They Do the Same With "Quantum"
ere have been many jokes about "Nobel" for peace (often granted to pro-war people) and a fake one for "Economics" (establishment propaganda)
Slopwatch: Plagiarism and "Linux" Articles by Bots
Sites that do this won't survive; many of them rely on slop services (suppliers) that will cease to exist after the bubble bursts
Links 10/10/2025: Putin Admits Russia Downed Azerbaijan Airlines Jet, More New Heat Records
Links for the day
Noteworthy Claim That IBM is Firing a Lot of Lawyers This Week (RAs in the Legal Department)
A lot of what they do is patent 'trolling' or lawyering up against their own staff (e.g. HR disputes)
Links 10/10/2025: US Judge Bars Attacks by ICE On Journalists and Protesters; “We Took The Freedom of Speech Away” Says the President
Links for the day
Slopwatch: Serial Sloppers, Google News Gifting Slopfarms, and Fake News/Plagiarism About "Linux"
Google itself is a slop pusher these days
Qualcomm, the New Owner of Arduino, Blasted for Its Software Patents Tax on 'Smartphones'
A lot of Qualcomm's patents are on software. We wrote about this in prior years.
XBox Layoffs Rumours, Downtime, and Criticism From XBox Co-Founder
"everyone is ditching the xbox."
Links 10/10/2025: Honoring The Legacy Of Robert Murray-Smith, Many Articles on the Hey Hi (AI) Bubble
Links for the day
Gemini Links 09/10/2025: October Gothic and Reading Middle Earth Role Playing; C and Ada
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 09, 2025
IRC logs for Thursday, October 09, 2025