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

Over at Tux Machines...
GNU/Linux news for the past day
This Saturday It's Gonna be 3.5 Years* Since Russia Invaded Ukraine. No Microsoft Protests Against Microsoft Having Provided Russia With Services.
Companies do not have consistent policies and enforcement of "corporate values" is somewhat of an egg salad
 
Links 23/08/2025: onmicrosoft.com as Spam Cannon, The Cheeto-Intel Deal Is Official
Links for the day
Wired Complained About LLM Slop Only Days Before It Got Caught Doing That Itself
Never throw stones in a glass house
IBM "Value" Down 14.16% in a Month, Red Hat Layoffs Allegedly Discussed 12 Days Ago
"IBM is a dinosaur. Dinosaurs get extinct when the don't keep up."
We're Seeing More Countries Where Windows Isn't Even in Second Place Anymore (Third or Worse)
In a way, Microsoft can barely even hold onto second place anymore
The US Government is Now in the Business (Literally!) of Saving Microsoft and Intel
This means that President TACO/Cheeto now has grater financial incentive to also prop up Microsoft and Windows
Microsoft Workers on Canonical's Payroll
If you want something that's sort of like Ubuntu but is not controlled by Canonical, then look into Linux Mint, Debian, or LMDE
GNU/Linux Climbs to 4% in Sierra Leone
Sierra Leone isn't a very rich country (to say the least), but it's better off than some of its neighbours
The SLAPPS Run Out of Oxygen Because They're Abuse of Process
At the end of the day we plan to publish over 1,000 articles explaining what happened
The Register MS Gets Paid by the Employer of the Previous Editor in Chief to Promote the "AI" Ponzi Scheme, Which Does Considerable Damage to the Web and to Online Journalists
The Register MS can 'badmouth' slop all it wants; it gets paid to inflate this bubble. It's actively participating in it.
Soon It'll be Autumn, Time to Repair Things
Where they don't charge an arm and a leg
Doing Our Best to Cover Software Patents When the Mainstream Media Does Not
Even the FSF has its limits
Gemini Links 23/08/2025: August Questions and Network Solutions
Links for the day
IRC Proceedings: Friday, August 22, 2025
IRC logs for Friday, August 22, 2025
Microsoft Has Issues in Guyana
It's not just Guyana
About 25% of the "Linux" News/Results in Google News Today Are LLM Slop, Almost 20% From the Same Rogue Operators of Slopfarms
Google, which tries to market itself as an LLM giant, apparently fails to understand what's wrong with it
Harassing People on Holiday
There are "no-go areas"; but that assumes all laws firms have ethical standards
The Great, Undeniable Value of Paper Trail, Not Purely Digital Systems
Suppose you have nothing but bits on someone else's computer and "word of mouth"...
The Company Behind Ars Technica, Reddit and Wired Caught Publishing LLM Slop (It Also Admits It Now)
Condé Nast busted
Links 22/08/2025: Lagrange 1.18.8, Wired Magazine and Business Insider Caught Resorting to LLM Slop
Links for the day
Slopwatch: Sites Gone Rogue, Google Promoting Lies, and DDoS Attacks by Plagiarism Giants
Charlatans and frauds engage in a war against artistic industries, mislabeling plagiarism as "AI"
Links 22/08/2025: Cisco Layoffs, LA Times Says "AI Hype is Fading Fast"
Links for the day
Gemini Links 22/08/2025: K for Kentucky and Caddy Versus LLM Slopbots
Links for the day
The "End Software Patents" Initiative of the FSF Explains "WHY [to] ABOLISH SOFTWARE PATENTS"
We hope to cover patent-related issues more and more as the big anniversary of the FSF approaches
Freenode Sniffing
The grown-ups left the building
The Only Thing Worse Than Misinformation is Misinformation Sold to Everyone as "Intelligence"
Misplaced trust is worse than none at all
The Register MS Now Openly Admits LLM Hype Does Damage, But It's Also Being Paid to Participate in the LLM Hype (With Paid 'Articles' and 'Webcasts' for Paying Advertisers)
The Register MS gets paid to do this
End of the Smartphone Era? No.
Maybe the media should focus on producing accurate, factual news
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 21, 2025
IRC logs for Thursday, August 21, 2025
Enshittification of Airports, Airlines, and Airplanes
If people are willing to tolerate standard declines and enshittification (nowadays sold as "pivot to AI" or "replaced by AI" or "AI layoffs") they will pay for it some other way
Latest Is Not Greatest: The Case of "Foldable" Tech
don't be shamed into abandoning old things just because the "fashion industry" of Apple and Samsung tells you to
Airlines and Their Tricks That Only Work in the 'Digital Age'
People sceptical of the direction technology has taken are not "Luddites"
Open Source Initiative (OSI), Which Became a Propaganda Front of Microsoft and "Hey Hi" (Hype, Misnomer), Wants You to Forget These Scandals
A lot of these issues won't be set aside until there's a resolution
The Culture of Overnight Coding
An industry-wise push-back is needed
Windows Down to New Lows in Guinea Bissau and Many Countries Around It
If Android is accounted for, Windows is down to about 10%
Gemini Links 21/08/2025: Modern Dating, Debian 13, and Apache
Links for the day
Microsoft Has Had About 10 Waves of Mass Layoffs So Far This Year (Not Two as Mainstream Media and Slopfarms Endlessly Claim)
Notice how the MSM (Mainstream Media) never mentions the debt of Microsoft. It is a conscious, deliberate decision.
Links 21/08/2025: Covid Cases on the Rise, "Social Media Trolls", Russia's Attacks Intensify
Links for the day
Gemini Links 21/08/2025: The Attraction of Back Alleys, Initramfs, and BSD ISPs
Links for the day
Links 21/08/2025: Stephanie Shirley Dies and "Groklaw Domain Hijacked?"
Links for the day
Search in 2025 (Age of DDoS Attacks Under the Guise of "AI" "Innovation")
One common concern when things go "live" is that any random bot out there can execute queries, pumping up RAM and CPU usage, as happened when we used MediaWiki and WordPress
Using Slop for Images Does Not Make Your Site Look Advanced or Witty, It Just Makes Your Whole Work Look Like Presumed Plagiarism
Lazy slobs and Serial Sloppers use the guise/excuse of "AI" to plagiarise and spam the Web
Financing of the "Hey Hi" (AI) Bubble by Those Who Profit From Planetary Destruction (Global Warming)
It's about personal gain, too
Richard Stallman Will Speak in Ethereum Cypherpunk Congress
it's good to see that the FSF pays considerable respect to it founder, who is moreover invited to speak at events
(At Least) Second Wave of Mass Layoffs in Microsoft This Month
This is not the first time this month that Microsoft has mass layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 20, 2025
IRC logs for Wednesday, August 20, 2025