Microsoft's gradual decline into the world's largest patent troll has been a long time in the making. Patent extortion is just the latest development in Microsoft's bullying behaviour. Before patents, it was biased studies (e.g. Windows Server vs Linux). This was coupled with vague illegality accusations against GNU/Linux, such as on the grounds of "copyright infringement". Microsoft used proxies for these attacks back then too, be it SCO or "experts" that try to make baseless accusations about the relationship between MINIX and Linux (all of which were denounced by the author of MINIX). Of course, if Microsoft had been a forward-thinking company, the resort to dirty tactics may never had happened. Microsoft had an early start to compete (or even collaborate) with Free software on merits and value alone. Instead they blew the time away because they did not take Linux seriously and they couldn't see above the enticement of profit and to be the monopoly in the market. Glyn Moody has posted a fantastic piece which nicely chronicles Microsoft's negative transformation into a FUD-spewing machine:
Things probably began to change with the infamous 1999 Mindcraft benchmarks, which Microsoft paid for. They seemed to show that Windows NT was faster than GNU/Linux as both a file and web server, although the fact that the tests were conducted in Microsoft's labs naturally caused people in the free software world to cry foul. In the end, the tests were re-run under fairer conditions, and they did indeed show that Microsoft's product was faster.
That was soon fixed – by running these tests and exposing weaknesses in the free software that was used, Microsoft had effectively submitted a rather important bug report. But the more interesting aspect was the fact that Microsoft had paid for the tests at all: you don't go to all the expense of proving you are better than someone unless you perceive them to be a threat. By publishing the results of the Mindcraft tests, Microsoft had effectively admitted officially that free software was a competitor – a big shift from its previous position.
Thereafter, Microsoft began exploring ways of undermining this increasingly worrisome upstart with a variety of FUD. Indeed, it went through so many different stories about why free software was bound to fail/couldn't be trusted/was no good that five years ago I felt compelled to write a “Brief History of Microsoft FUD” in an attempt to keep track.
Microsoft's approach included the “It's not very nice” insults – Ballmer's infamous “communism/cancer" comparisons; the “It's not very cheap” TCO studies; and culminated in the “It's not legal” argument. Actually, there were two phases to the latter. “It's not legal 1.0” was essentially SCO – and we all know how that fizzled out.
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Judging by recent events, it's seems the dinosaurs are back with a vengeance. Here's Exhibit A, courtesy of Horacio Gutierrez, Microsoft's Corporate Vice President and Deputy General Counsel:As you may have seen, Microsoft today filed legal actions against Barnes & Noble, Inc., Foxconn International Holdings Ltd., and Inventec Corporation in both the U.S. International Trade Commission and the U.S. District Court for the Western District of Washington. Today’s actions focus on the patent infringement by the Nook e-reader and the Nook Color tablet, both of which run the Android operating system.He then goes on to make two interesting comments:Together with the patents already asserted in the course of our litigation against Motorola, today’s actions bring to 25 the total number of Microsoft patents in litigation for infringement by Android smartphones, tablets and other devices. Microsoft is not a company that pursues litigation lightly. In fact, this is only our seventh proactive patent infringement suit in our 36-year history. But we simply cannot ignore infringement of this scope and scale.So, by Gutierrez's own words, Microsoft does not pursue litigation “lightly”, and yet it has chosen to attack a number of companies that have in common only the fact that they are making and selling products running Android. Clearly there is something bigger going on here.
So Microsoft is seriously suing companies for allegedly infringing its patents on *selecting text* and a superimposed download bar? Give me a break; these have to be some of the most trivial patents that Microsoft has applied for, and to the USPTO's shame, been granted.
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These are no great Einsteinian insights into the underlying fabric of space-time – or industrial applications therof; they are things that you or I would *instinctively* think of. No patent incentive was needed to bring these forth. The fact that Microsoft has been forced to use such risible patents shows that it simply wants to “persuade” companies through the potential inconvenience of a long, expensive trial, just enough to make paying some royalties slightly more attractive. This is intellectual monopoly bullying at its worst.
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This latest trend to devise and deploy legal strategies against open source seems to me to represent an admission on Microsoft's part that it can no longer compete on technology. Instead, the dinosaurs have decided that it's time to play really dirty – and nothing is dirtier than enforcing bad monopolies using worse laws.
It's for these reasons that Google has long argued in favor of real patent reform, which we believe will benefit users and the U.S. economy as a whole.
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But as things stand today, one of a company’s best defenses against this kind of litigation is (ironically) to have a formidable patent portfolio, as this helps maintain your freedom to develop new products and services. Google is a relatively young company, and although we have a growing number of patents, many of our competitors have larger portfolios given their longer histories.
#sadness is… a world where those (who claim to be) against software patents acquire more of them
Internet giant Google has revealed that in a bid to steer clear of the explosion in patent litigation lately, it has made a “stalking horse” bid for Nortel’s patent portfolio in the company’s bankruptcy auction.
The internet giant is believed to be bidding US$900m for some 6,000 valuable patents.
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TechFlaz.com
2011-04-26 18:00:25
In today's TechBytes: the Nook Color e-reader gets an upgrade. Creator Barnes & Noble adds an applications store, Flash video and an email program, making it more like a tablet. The upgrade is free for existing Nooks.In today's video game review,...