Bonum Certa Men Certa

Former Microsoft Lawyer and Pro-Microsoft Lobbyist Lie and Distort Android Legalities to Distract From Motorola Sale

Meerkats



Summary: Team Microsoft provides a distraction to take people's attention away from the news about Android getting more solid legal basis

WELL, guess what? It seems as though we correctly predicted this sale of Motorola to Google even a day before it happened. "It's all about the patents," says ZDNet in the headline and it is probably true. Motorola also gives Google a chance to fight Microsoft and Apple in court, defending Android from some insidious allegations, using counter-attacks with Motorola patents (Google inherits these legal cases which were invoked separately by Microsoft and Apple). Google is buying them at above real value and Google's CEO explains why. Here is Google's official statement. A lot has been written about this already, so we need not say much except that it harms the efforts to fix the patent system but probably helps Linux in the short term.



Here is where it gets interesting. Apart from some dishonest 'journalists' who try to spin this against Google, there are some dishonest people, such as a lawyer previously employed by Microsoft (who later spread some lies about Android), who talk nonsense to distract from the above news. It is proposed by Microsoft's buddy Naughton that Google's Android has GPL problems. Well, just google "Naughton microsoft" and you will get "Lawyer behind Android infringement claim has Microsoft ties" (he hid his Microsoft ties by deletion and later got caught doing this). We covered this at the time while some reposted known lies. Anyway, his latest decoy spawned some headline trolling [1, 2, 3] and a storm over nothing, possibly promoted by Florian Müller's 'spamming' of journalists. He is debunked in Slashdot and other such sites (waste of space and focus), including Groklaw which writes:

Attorney Edward Naughton of Brown Rudnick has written [ Part II] more misinformation about the GPL in yet another false prediction of Android's doom. Once again Mr. Naughton takes a non-story and blows it out of proportion, and of course, FOSSPatents does its part to blow hot air into the story as well.

If the idea is to scare off potential Android OEM's or purchasers of Android-powered phones, this sort of scare tactic is just rubbish. It has failed in the past, and it will fail this time.

People who don't understand the GPL probably shouldn't write about it, including lawyers. I'll show you the mistakes in the article, and please note that while I am a member of the board of directors of Software Freedom Law Center, which will factor into this story, I speak only for myself and Groklaw, not for SFLC in this article.


Bradley M. Kuhn too has responded to this:

Unfortunately, Edward Naughton is at it again, and everyone keeps emailing me about, including Brian Proffitt, who quoted my email response to him this morning in his article.

As I said in my response to Brian, I've written before on this issue and I have nothing much more to add. Naughton has not identified a GPL violation that actually occurred, at least with respect to Google's own distribution of Android, and he has completely ignored my public call for him to make such a formal report to the copyright holders of GPL violations for which he has evidence (if any).


Here is a summary of some responses:

Even as Google announced their acquisition plans for Motorola Mobility today, vague legal accusations were re-hashed by IP attorney Edward J. Naughton that imply that all Android manufacturers are at risk of losing their rights to distribute Android because of they did not comply with the terms of the GNU General Public License (GPL). But the head of the Software Freedom Conservancy states there are still, despite the arm waving, no legitimate claims made on Android GPL violation. Actually, Naughton doesn't just imply problems for Android vendors, he just comes right out and says it: Android manufacturers have already lost their licenses to distribute GPLed code inside Android. "Not long ago, open source advocates sued more than a dozen major consumer electronics manufacturers, claiming that the manufacturers had lost the right to use GPL'd software in their devices. It looks like the same could be said of Android: virtually every one is unlicensed," Naughton wrote in his blog.

One of Naughton's biggest cheerleaders, FOSSPatent author Florian Mueller, is also explicit in his own amplification of Naughton's theories:


Nothing to see here then. Microsoft is still briefing its gang which includes lobbyists like Microsoft Florian, who occasionally communicates with Naughton as well. it's just a coordinated attack on Android. You can only cry "Wolf!" twice. Why is anyone paying attention to those people rather than cover the real news, which is about Android gaining a patent shield against Apple's and Microsoft's patent cartel?

Recent Techrights' Posts

Linux Foundation is a Mediator for Microsoft et al, Not for Small Companies That Support Rather Than Attack the GPL
Many people still wrongly assume that because it is called "Linux Foundation", then it is pro-Linux and represents the same mindset
This Past Friday, Confirming What We Said All Along About Brett Wilson LLP: It's Shrinking, Has Considerable Debt, Loss of Net Assets Despite the Microsoft SLAPP Money
The documents only became publicly available less than 2 days ago
There Was Always Too Much 'Crazy Stuff' Going on Around Freenode
What many IRC users lost sight of
Exposing Crime is Not a Crime (It Never Was)
In the eyes of rich and powerful people, those who speak about their crimes are the "criminals"
 
Links 08/06/2025: Exposure of More GAFAM Surveillance and Social Security Records Compromised
Links for the day
Some of the Many Reasons We Sued Microsofters for Harassment
perpetrators of harassment
For 20 Years Many People Were Sharecropping for Canonical's Oligarch, Now He's Deleting All Their Contributions
"Ubuntu has erased instead of archiving the trove of material at Ubuntu Forums"
GNU/Linux Distros Abandoning Microsoft GitHub
Will curl be next to leave Microsoft GitHub?
Expect More XBox Mass Layoffs Soon If the Rumours Are True
From a Microsoft media operative
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 07, 2025
IRC logs for Saturday, June 07, 2025
Europe Needs to Move Away From GAFAM; The Sooner, the Better
Europe - not just the EU - must abandon GAFAM as soon as possible
The Issue Isn't GNOME's Promotion of Diversity But GNOME Corruption, Abuse, Censorship, and Worse
So-called "Conservative" (republican, pro-Trump, bigoted) people want you to think the problem with GNOME is politics
When the News Sources Become Scarce and Increasingly Full of Polluted/Contaminated 'Content' (With LLM Slop and Slop Images)
Integrity matters
"Linux" Sites That Spew Out LLM Slop
We're lacking enough material for another "Slopwatch"
Abuse Inside the Polish Patent Office (UPRP) - Part V: Breaking the Law, Just Like EPO
We'll hopefully cover some of the pertinent details later this year
Links 08/06/2025: Security Lapses, CISA Cuts, and More
Links for the day
Gemini Links 07/06/2025: Mime Types and Geminisphere Introduction
Links for the day
Links 07/06/2025: Slop Companies Retain All Private Data, More Books Banned in the US
Links for the day
Gemini Links 07/06/2025: "A Monk's Guide to Happiness" and "Wireless Earbuds"
Links for the day
Links 07/06/2025: More Rumours of Mass Layoffs in Microsoft's XBox Division, New COVID Variant
Links for the day
Drug Addiction is a Real Problem, It Destroys Families
a rather sensitive matter
Abuse Inside the Polish Patent Office (UPRP) - Part IV: Political Scrutiny and Errors/Inconsistencies in Official Documents
When such organisations receive scrutiny they start focusing on cover-up and muzzling of facts (or crushing people who say the truth)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 06, 2025
IRC logs for Friday, June 06, 2025
Slopwatch: LinuxTechLab, Planet Ubuntu, Anti-Linux FUD, and Microsoft SPAM
It's not easy to altogether avoid take articles these days
Gemini Links 06/06/2025: "MBA Tear" and Slop ('AI') as Plagiarism
Links for the day
Links 06/06/2025: "Convicted Felon and MElon Trade Insults" and Europe Snubbed by US Again
Links for the day
Links 06/06/2025: Microsoft XBox Bracing For More Mass Layoffs, Climate Disaster, Fake 'Money' Tokens From US President
Links for the day
Gemini Links 06/06/2025: Vanishing Cultures and MElon Implosion
Links for the day
Extortion is a Crime, Even If You're Based in Another Continent and Work for Microsoft
reported to British authorities
We're in 6/6 Now, Almost Halfway in 2025
2025 was probably the best year for us
South Americans Are Saying Goodbye to Microsoft
We're hardly even "Cherry-Picking" or conveniently singling out one South American nation
Abuse Inside the Polish Patent Office (UPRP) - Part III: Data Protection Failures, Just Like at the European Patent Office (EPO)
Just less than a decade ago we showed that the EPO had illegally shared staff data with third parties
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 05, 2025
IRC logs for Thursday, June 05, 2025