Bonum Certa Men Certa

Microsoft Uses the Broken US Patent System to Attack Linux/Android From Multiple Sources, Wants Nokia's Patents Too

Roadsigns



Summary: Microsoft performs an MSDOS (Multi-Source Denial of Service) attack on Linux and on Android, using patent monopolies and patent trolls

FURTHER to the previous post, there is abundant evidence that the USPTO is broken as it fails to meet its goals. There is no such thing as a "quality" patent. A patent is a monopoly and all those applying to software impede the use of logic and mathematics. Here is another interpretation of the SCOTUS ruling, which we wrote about a few days ago (EN, ES). The Register reads that as follows:



In a case supported by HP, eBay, Red Hat, Yahoo!, and General Motors, the US Supreme Court has issued a ruling that may make it more difficult for a company to be sued for inducing another company to infringe a patent.

According to the ruling, a defendent accused of inducing patent infringement must be proven to have either known that it was infringing, or was "willfully blind" to that infringement. Actual knowledge of infringement can be proven through documentary evidence or sworn testimony.


That again does not address the main issues with the patent system -- issues that even the Bilski case in SCOTUS failed to resolve. Let us look at some of the latest casualties based on this week's news.

Twitter made it clear that it is against software patents and now it is being attacked by patent trolls again. Patent trolls are, statistically speaking, greatly dependent on software patents.

A patent troll called Kootol Software has put Twitter on alert. The ‘company’, which sports a corporate logo (and name) that is suspiciously reminiscent of Google’s, this morning said it has sent a caution notice to Biz Stone, Jack Dorsey and co to express “concerns” about possible intellectual property violations.


Quoting the original source ("Twirpy Patent Troll Threatens Twitter"), TechCrunch/AOL says:

The patent application in question (a patent number hasn’t been assigned yet) is titled “A Method and System for Communication, Advertising, Searching, Sharing and Dynamically Providing a Journal Feed.”


They are making it extremely complicated for software developers to develop in peace and it is only getting worse when people make money from the illness of this system. This incentivises keeping it broken. Jan Wildeboer, who is one of the most prominent among opposers of software patents in Europe, notes that some people built entire enterprises based on exploitation of the patent system's loophole. He asks: "Is Myhrvolds Intellectual Ventures using patents CDO style to disrupt the market? Lodsys as example?"

He also asks: "Is Lodsys sign of new time? 1. License patents 2. Sell patent 3. New buyer tries licensing again? Patents == CDB business?"

Remember what the world's biggest troll (who came from Microsoft) said before he gave this patent to Lodsys. "Intellectual property is the next software," he argued. Microsoft and him are in this together. Bill Gates is a close affiliate of this shakedown and Matt Asay challenges this by going back in time (back to the days when Gates denounced patents, as a small player):

Microsoft, once the ruler of the software universe, doesn't even make Google executive chairman Eric Schmidt's Gang of Four influential tech companies. It's not that Microsoft has lost its ambition. But it may be that Microsoft's ambition has changed, and for the worse.

Microsoft once prided itself on minting profits from licensing copies of Windows and Office. Now it seems more content with eking out $5 per unit from HTC and others it bullies over patents. That's right: instead of selling product, it's peddling intellectual property (IP).


We wrote about this extortion before. Not only Microsoft is extorting HTC; it seems as though Intellectual Ventures does too. Another person from Microsoft, Paul Allen of Interval the patent troll, is still attacking many parties including Android/Google for merely implementing some ideas. "People Concerned About Paul Allen's Ridiculous Patent Claims Gets USPTO To Begin Re-Exams Of His Patents," says TechDirt. To quote:

Last year, we covered Paul Allen's ridiculous patent lawsuit against a ton of tech companies. He claimed that all of these companies violated four incredibly broad patents he held:

* 6,263,507: "Browser for use in navigating a body of information, with particular application to browsing information represented by audio data." * 6,034,652 & 6,788,314 (really the same patent, involving continuations): "Attention manager for occupying the peripheral attention of a person in the vicinity of a display device" * 6,757,682: "Alerting users to items of current interest"


Groklaw follows this case quite closely, or at least it used to. What the Microsoft people do (even those who left the company) is what Microsoft has always done, They want to tax everything sold rather than really make anything of value. They are waging legal wars and amassing patents that they lobby for, in order to increase their value.

Right now it seems like Microsoft is hunting for Nokia's patent so that it can tax all mobile phones. Nokia is of value to Microsoft because of its software and hardware patents; we wrote so much about it that we need not repeat the evidence of this. This is a subject that we talked about in IRC the other day. Assuming Microsoft wants to 'pull a CPTN' on Nokia, it will be more about use of Nokia's patents offensively and exploitation of Nokia's brand (like Yahoo! and Novell). By sending out moles Microsoft just improves its chances of becoming the patent receiver. Watch how Microsoft put its mole in: [via F. Cassia]

Steve Ballmer was so determined to get Nokia on board with Windows Phone 7, he sent a super-extended prom-style limo to pick up Nokia's Stephen Elop and other execs when they visited the Seattle area.

That's one of the revelations in Businessweek's long profile of Elop's first six months at the company.


Microsoft is crushing Nokia as this may help Microsoft pick it up cheaply along with its patents. Considering what has happened so far, Elop did a wonderful job (for Microsoft, of which he is a top shareholder). The deal made no sense and it was signed in a rush by the two Stephens who are former colleagues. Watch Ye Booke of Elop for a funny slant. It is clear what's going on there, but there is nothing amusing about it. Nokia represents the latest victim in the line of corpses left by Microsoft's abusive-aggressive behaviour. Nokia was becoming a Linux company just before Microsoft put a mole inside it. "Elop" is "Pole" backwards and Microsoft put its Pole inside Nokia, to borrow Brandon's joke. Rather than have MeeGo and LSB in Nokia, we now have another Microsoft ally out there, threatening to use its patents and promising to deliver a 'new' OS some time later this year (at which point Nokia will be ripe for picking by another company). The Linux Foundation's head was very disappointed by this and it is easy to see why. Nokia was a valuable contributor to the Linux Foundation and its site has a new comic regarding software patents. It can be found here. Somehow Microsoft turned several Linux-friendly companies like Nokia, Yahoo!, and Novell into Microsoft boosters (former Microsoft partner Bartz did nothing of value except shake Ballmer's hand, just like Elop). Some people still foolishly question what makes Microsoft so much more malicious than other companies of a similar scale. Microsoft is very, very destructive. It just doesn't give a damn.

Recent Techrights' Posts

Links 06/07/2025: Climate Change and "The Right to Criticise"
Links for the day
The Mainstream Media Took 4 Days to Realise Microsoft Shut Down Its Operations in Pakistan and Fired Everybody
We estimate that Microsoft has had about 29,000 layoffs since January
“Twibel” Actions Against Comedians (and Why It's a Truly Low Blow)
they try to make up in quantities for a lack of merit or quality
 
It's Hard to Trust People Who Worked - Not Only Those Who Still Work - at Microsoft
Bryan Lunduke is just what people would call an "arsehole of a person"
For the Second Time, Bryan Lunduke From Microsoft is Siccing Racist Trolls and Vandals at Me
You're only reinforcing the point we made yesterday
Links 06/07/2025: End to End Encryption at Risk, Reuters Twitter ("X") Account Withheld in India
Links for the day
Gemini Links 06/07/2025: Tinylog and Certification Rotation
Links for the day
PCLinuxOS Sites Coming Back, Gradually
let's just be patient
Social Control Media, Even If Based on Free Software, Still Has Many Problems
a distraction from what actually mattered and still matters
IBM is Not Your Master
IBM makes friends with people who exclude the majority of the population: women
Help Fund the Free Software Foundation (FSF)
If you have some dollars to spare, go support the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 05, 2025
IRC logs for Saturday, July 05, 2025
A Short History of Attacks on Techrights (and Boycott Novell Before That)
good opportunity to tell again the story of several (not all) attempts to silence us
Leadership in Free Software
Don't let IBM lead. It's a terrible flag bearer.
Linux Foundation Apparently Flirting With Slop (Marketing by LLM-Generated SPAM)
The Web is in a really bad state!
COVID-19 Sped Up Site Improvements in Techrights
A few months later we created our very own IRC network
Gemini Links 05/07/2025: Negative Questions and 'Touching Grass' (Going Outside)
Links for the day
Links 05/07/2025: Dalai Lama Succession as 90th Birthday Approaches, 40 deg C in China
Links for the day
Links 05/07/2025: Hungary and US Defecting to Russia, "Google's Hotseat Hypocrisy"
Links for the day
Gemini Links 05/07/2025: 4th of July 2025 and "Zig Roadmap 2026"
Links for the day
How to Combat the Exploitation and Abuse by Microsoft GitHub
Not to mention corruption and crimes against women
Bryan Lunduke is Actually Sending His Audience to Attack People
"[Lunduke] is actually sending his audience to attack people."
Even The Right Wing is Rejecting Bryan Lunduke
no wonder he became so irrelevant and marginal
Microsoft's MSN Helps Microsoft Spread Lies About the Layoffs' Scale (Well Over 25,000 People Laid Off This Year)
There seem to be monopolies on lies and on truth
The Death of X Has Been Greatly Exaggerated (by Compromised Media)
X.Org Server is alive and well
Rewriting Things in Rust
How far would you go?
In 2025 Everything is "AI". Remember Blockchains?
Talk about what companies and things (services, products, software) actually do, not the labels they use
Julian Assange Has Been Free for a Year
Julian Assange and I disagreed on some things
Monopolies and Scalping
Monopolies gravitate towards price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 04, 2025
IRC logs for Friday, July 04, 2025
Microsoft's August Layoffs Wave: "August is Confirmed for Additional Performance Based Cuts"
"August is confirmed for additional performance based cuts from the recent connects along with additional organizational cuts."
What Microsoft Reputation Laundering (With a Weaponised Law Degree) Looks Like in a Foreign Continent
You would expect this in uncivilised and primitive countries
Slopwatch: LLMs 'Write' Fake or Distorted 'News' About "Linux"
LLM slop disguised as news
Links 04/07/2025: Google Replaces the Web With Slop, "AI Might Kill Us All"
Links for the day
Gemini Links 04/07/2025: Mindfulness and F1
Links for the day
Weeks After Microsoft Bankruptcy in Russia the Company Shuts Down in Pakistan, Too
Last month Windows' share in Pakistan fell to an all-time low
Rob Musial's June 2025 Additions of Malware in Proprietary Software
Via the GNU Web site this week
Links 04/07/2025: Microsoft's H-1B Visa Applications Show Another Crisis Unfolding, Many More Deep Cuts and Shutdowns Revealed, Complete Microsoft Exits
Links for the day
Gemini Links 04/07/2025: A Day To Remember and "Stop Killing Games"
Links for the day
Crime and Corruption at Microsoft GitHub Cannot be Covered Up by SLAPPs in Another Continent
We'll write about this for a long time to come
Slop Videos Are Disappointing Garbage, Nothing New, Just Brute Force up on Display or a Pedestal of Slop
Slop videos aren't a new thing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 03, 2025
IRC logs for Thursday, July 03, 2025
The War on Local Storage (People Hosting Their Files Locally and Privately)
There's nothing wrong with controlling one's computing
What Digital Independence Means
Independence in the digital realms means abandoning platforms like GitHub, not just rejecting proprietary software
NVidia is a Bubble
they temporarily see fortunes and wrongly assume perpetuity thereof
Fedora Does Not Care About Diversity and Inclusion, It's About Optics (Corporate Image)
any notion of inclusion is superficial and misleading
Don't Buy the Excuses for Microsoft's Mass Layoffs
Back in the 90s, Microsoft bought a lot of companies to get and stay ahead