Bonum Certa Men Certa

Microsoft's Embrace of Linux is Deceitful, Malicious, a Likely Antitrust Violation

Lamb to the slaughter



Summary: Summation of discussions with two Keiths, one from Open Invention Network (OIN) and another who is a former Fedora member/packager

TECHRIGHTS certainly strives to accumulate new information, if not by researching written documents then by asking people who are familiar with what happens behind the scenes (where no documents are being produced). A long conversation with OIN's CEO, for example, helped improve our understanding of the patents situation. Many of these issues are passed around verbally, but we basically wanted a clearer separation between FAT deals and Linux deals. From what I recall (I didn't take any notes), Microsoft bundles some of those deals under meta-packages of sorts. One would be the file systems thing, another would probably be the Samba thing, and for Android we are told it's really just ActiveSync, which is interesting because it's easy to dodge this one dependency. We had it implicitly confirmed that $5 is the price tag on HTC phones (Microsoft tax). This number originally came from some banker/analyst in some report last year.



It's all very vague to an outsider, so we are still trying to get all the numbers right. We wish this was public knowledge, but Microsoft prefers for it to be secret as that would intimidate potential Android distributors and prospective buyers. We already know that patent assurance from Xandros (DistroWatch declared it "discontinued" 5 weeks ago) is valued at $50, so we assume more or less the same for SUSE. We don't know if Xandros still has that Web page with the $50 figure online, but we took screenshots at the time and Debian developers got notified by a reader of ours who is also a Debian Developer (DD). The same Xandros page now says "$149.99... Purchase Xandros Desktop without Microsoft patent assurance [which leads to a similar page with the $99 price tag]." (Update see Jose's remark in the comments below)

There are serious issues regarding the legality of what Microsoft is doing. It not only deceives for FUD but it also extorts its competition under secret terms. As for FAT patents, Tridge wrote a patch for that within weeks. If one is aware of the patents (no secrecy), then they become simple to work around much of the time. Keith (not of OIN but Slated) asked:"So if there's a non-infringing implementation then why aren't companies using it? Does any Linux distributor still have to pay Microsoft for FAT patents or not? If not, then what are they (e.g. HTC) paying for?"

We reckon it might be ActiveSync. But it's hard to be sure. Microsoft didn't say and the OIN seems to suggest that it's ActiveSync. The secrecy is not coincidental. It's intentional. It's for FUD.

Moreover, notes Keith (an opinionated GNU/Linux advocate), "I thought the EU Commission ruled Microsoft had to open the SMB spec and allow royalty-free implementations. Is Microsoft violating that ruling?

"So again, does any Linux distributor currently pay Microsoft for SMB licensing or not, and if not then what are they paying for? It's not SMB, it's not FAT, so what is it?"

The TomTom case says FAT, the Motorola case says a little more (but Motorola did not lose the case), and we generally don't quite know for sure. There was some article around 2007 about Microsoft Licensing (external) and some entity they set up to manage SMB "licences". Jeremy Allison complained about it. Maybe that prelades the Samba EU decision, but we suspect not. It was in December of this year that the EU Commission had a breakthrough and Easter of that same year when Novell submitted the redacted deal document, which then exposed some of what Novell had done with Microsoft in secret.

The OIN is trying to collect key patents that act as shield/deterrence. I have negotiated with someone who has key patents on tablets (Microsoft troll proxies tried to snatch these off his hands), who after speaking to me for weeks decided to donate them to "Linux and FOSS". I directed him to the OIN and we're still working on it quite privately.

The OIN is concerned about what Microsoft did to MeeGo and Nokia, which is now handing over its parents to a patent troll, MOSAID (which sued Red Hat last month), to sue Android. I told OIN's Keith about apparent entryism at HP amid the news about WebOS. What shocks me personally is that many journalists went to sleep or vanished, so nobody seems to be covering this huge antitrust violations.

"It's a big mystery," continued Keith. "HTC pays Microsoft $5 per handset for "patents" Linux "violates", but nobody seems to know what "patents" they are, and nobody wants to talk about it. Indeed, for some equally mysterious reason, they seem to need to sign NDAs before making those agreements, even though patents are required by law to be a matter of public record. So why would Microsoft need companies to sign NDAs if these are perfectly legitimate deals, and what are those deals, exactly? If companies are not paying for FAT patents, as they clearly no longer need to, and they're not paying for SMB patents, since Microsoft is prohibited from charging royalties for it, then what exactly are they paying for, and why does it need to be a big secret?"

B&N did not sign the NDA and in fact it 'leaked' evidence of the extortion. Groklaw then published or republished the PDF and there was some press coverage that did not name patent numbers.

“Surely it should be up to Microsoft to provide that at the application level, and sell it on Apple's app store / Android Market, not make boiler-room deals with smartphone manufacturers.”
      --Keith (Slated)
"An even more important question," continued Keith, "is why do governments tolerate this blatantly obvious racketeering? Surely the Microsoft deceptions exposed by Barnes and Noble should have been enough to alert antitrust investigators to this corruption. So what is being done about it?"

The government -- although taxpayers fund it -- is an extension of Microsoft. Right now Techrights is going through Cablagate and publishing relevant cables that show the government acting as merely a lobbyist and marketer for Microsoft. Only if people stand up and demand action will something be done about Microsoft. See how the SEC systematically ignored bankers' crimes (Taibi wrote articles about it) and a whistleblower explained that the SEC also destroyed evidence. That was last month. Microsoft and FTC/US DOJ are similar. The latter did not even investigate the CPTN debacle before it received several formal complaints. Government kowtowing is not unique to Microsoft, but that is irrelevant. It's a systemic problem.

"Screw ActiveSync," ranted Keith. "Let Office users sync through Google's Cloud like everyone else. Surely it should be up to Microsoft to provide that at the application level, and sell it on Apple's app store / Android Market, not make boiler-room deals with smartphone manufacturers.

"It's bizarre. Android handset distributors are basically paying Microsoft for the "privilege" of bundling something that Microsoft could simply provide itself after-market, and would most likely do so for free anyway, for those few who actually need it. It'd be like paying Microsoft to bundle Internet Explorer. It's just incredibly strange.

"Somebody needs to write a long, detailed exposé of this whole "Microsoft licensing" mystery, and I get the feeling the OIN knows more about it than most. Most importantly, we need to establish whether or not anything that's being "paid" for genuinely has anything to do with Linux, because from what I've seen so far it certainly doesn't. Mostly though, I'd like to get to the bottom of why Microsoft refuses to tell anyone what patents they're actually charging "license fees" for. Why won't they talk about it, and what do bodies like the FTC think about Microsoft's refusal to talk about it? Am I the only person who thinks this is gangster-like behaviour?"

This problem is sadly enough spreading outside the United States too. The "EPO says Tetris computer game has technical features, thus the exclusion of computer program can be bypassed," claims the FFII's President. This fight just never ends, does it?

“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway."

--Marshall Phelps, Microsoft



Comments

Recent Techrights' Posts

Jim Zemlin's 'Linux' Foundation is the Real Link Between Linux and Pedophilia
It's about the deeds, not the words
Greenland Needs to Disconnect From United States Tech to Protect Its Independence
The more Greenland protects itself from Social Control Media, the more robust or resilient it'll be to regime change
Solicitors Regulation Authority (SRA) on Slop and Breach of Confidentiality
They should absolutely not ignore this
Almost 5,000 Known Gemini Capsules
It is now just 98 short of 5k
 
pulltheplug.uk Says the Internet Harms Us, Will March in London Tomorrow
Maybe the site is down due to high access demand
EPO Management Trying to Hide Cocainegate, Silence/Discredit Whistleblowers, and Probably in a Panic Due to the Strikes
At the moment, Johannes' mates are receiving over 100,000 euros as a reward for doing illegal drugs
The GNU Manifesto Turns 41 in March (Next Week)
And RMS turns 73 next month
The Sister Site is Still Improving the Static Site Generator (SSG) We Use in Techrights
We have a common mission and every week we make measurable advancements
Techrights is 100% Disconnected From Cheeto's America, the Problem is Hired Guns in London Helping Violent Americans Attack Us Domestically
Not a new problem, not limited to us
Open Source Endowment (OSE) Looking to Raise Money for Free Software, But It's Hard to Know who Runs the Open Source Endowment Foundation
Their Web site does not (easily) show who the Board of Directors includes
Apple Doesn't Want Anybody to Ask What Happened to Vision Pro
They lost a lot of money
If You Want More Verifiable (Auditable) Security, Use GNU Linux-Libre
GNU/Linux will never be 100% secure
Microsoft XBox Can't Stop Talking About Slop
Will we see more "prepared" (under embargo) Microsoft propaganda released simultaneously at 9PM tonight?
Rust Will Not Inherit the Earth, It Barely Deserves a Place on the Planet
Rust - like Haskell and many other short-lived fetishes - will come and go
Truth Versus Fiction: IBM's Collapse Due to Money Crunch, Not Slop Disguised as Code
core issue is financial
Priceless leaks found in crowdfunding campaign
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 26, 2026
IRC logs for Thursday, February 26, 2026
[Video] "New RMS [Richard Stallman] Positive Media" Reaches Millions of Viewers This Week
Assuming 5+ million people will watch this on the first week, that's good publicity for the Free software movement
Another Quiet Slop Day Passes By
the number of slopfarms we can locate/track is fast decreasing
Gemini Links 26/02/2026: Sending a Thesis and Lupa/Onion ("Lupa now lists Gemini .onion addresses")
Links for the day
Links 26/02/2026: Bcachefs Man Bonkers, "Seven Journalists Convicted for Taking Photos at Courtroom"
Links for the day
Links 26/02/2026: "Peak Mental Sharpness" and "The Whole Economy Pays the Amazon Tax"
Links for the day
If You Value Privacy, Follow the Likes of Eben Moglen, Phil Zimmermann, and Richard Stallman, Not Back Doors' Boosters Who Mislabel Themselves as Security Experts
Signal is not really secure
"Community" Site Deleted by Jeffrey Epstein-Connected 'Linux' Foundation Had Interview Where Eben Moglen Spoke of GPLv3 and of DRM, Back Doors Etc.
Deleting what happened or what was said two decades ago
Richard Stallman (Free Software Foundation) and Eben Moglen (Columbia Law School) Explained 25 Years Ago That Proprietary Software (and Proprietary Firmware) Would Lead to Back Doors
a fortnight after the 9/11 terror attacks in the US
Writer's Block is Not a Problem to Us, Only a Lack of Time
Or timewasting by aggressive militants who try to silence us [...] People who experience writer's block very often find it depressing (it feels unproductive) and sometimes come to the conclusion that perhaps writing isn't for them
Giving to the Community Versus Taking From the Community (or Worse, Attacking the Community)
some people bring no contributions, only harm
LLM Slop Will Try to 'Rewrite' History of UNIX and GNU/Linux
We occasionally see slopfarms spreading misinformation about UNIX, GNU, and Linux
March Plans for Techrights
next month we plan to start the series about how the SRA failed
Where Does the Solicitors Regulation Authority (SRA) Stand on Machine-Generated Legal Documents and Copy-pasting One Client's Lawsuit to Start Another (for American Serial Strangler)?
Now that many law firms cheat (copypasta, paper DOoS, LLM slop, breaches of rules, even defaming the other side) the SRA cannot keep up
Of Course Android is Not Free Software
That Android is not about freedom should not be so shocking
Talking About Blackboxes
Having just reposted a couple of articles from Alex Oliva
Microsoft Slop is Already Killing XBox
Microsoft will fail at alleviating such concerns
Two Weeks Have Passed and It Looks Like Conde Nast's Ars Sloppica Sacked "Senior" "AI" "Reporter" Benj Edwards But Did Not Remove All His LLM-Produced 'Articles'
the editorial standards at Conde Nast's Ars Sloppica are a joke
Alex Oliva (GNU Linux-Libre): Stricter is Less Popular
Reprinted with permission from Alex Oliva
Fraud and Crimes at Microsoft
A lot of these American companies simply cheat and even bribe
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 25, 2026
IRC logs for Wednesday, February 25, 2026
FSF's Alex Oliva on Hardware Black Boxes
Reprinted with permission from Alex Oliva
What Microsoft Hides Underneath
In recent years a lot of this shell game was played via "Open" "AI" [sic]
A Lot of Slopfarms Died, Google News Feeds the Few Which Survived and Still Target "Linux"
Many just simply died
Links 25/02/2026: Fifth Year of War in Ukraine, Dihydroxyacetone Man Looking to Start More Wars
Links for the day
Gemini Links 25/02/2026: Retired a Year, Illness, Losing a Lung, and "Back to Gemini"
Links for the day
The Register MS Published a Ponzi Scheme-Boosting Fake Article This Morning. It Mentions "AI" 30 Times.
Will credibility be left after the bubble pops entirely?
They Try to Ruin Linux, Too ("Attestation" in GNU/Linux)
In the context of Web browsers, this isn't unprecedented and we wrote a lot about it
Mozzarella Company: All Our Cheese Comes With Mold Now, But You Can Ask the Seller to Remove the Mold
If you reject and oppose slop, do not download/use Firefox
Stallman Was Right About Back Doors
I had some conversations with Dr. Stallman about security and back doors
Australian Signals Directorate ex-employee sold back doors to Russia
Reprinted with permission from Daniel Pocock
IBM Debt-Loading and Liability (Toxic Asset) Offloading
One can hope that IBM will be subjected to the same attention Kyndryl received, but this boils down to politics
Links 25/02/2026: 'Hybrid Warfare' and "Boycott the State of the Union"
Links for the day
IBM (and Red Hat) Can Disappear in the Coming Years, Along With Kyndryl (Debt Twice as Big as Its 'Worth')
No wonder Red Hat workers tell us they hate IBM
Software Freedom is Science, But It Also Sustains Life
In some sense, Software Freedom can be explained in the context of nourishing people
“Xbox, like a lot of businesses that aren’t the core AI business, is being sunsetted."
There has been a lot of narrative control lately, including at 9PM on a Friday
3,300 Capsules Known to Lupa and Currently Accessible
Gemini Protocol turns 7 this summer
When it Comes to Firmware, the FSF and Its Founder RMS Won the Argument (But Not the Fight, Yet)
The "whataboutism" tactics are physiological manipulation means of discouraging those who move in the correct direction
Austria Tackles Digital Weapon Disguised as "Social" and/or "Media"
Are we seeing the end days of Social Control Media?
Nothing Over the Horizon for XBox
XBox is not even being sold in many places anymore
Solicitors Regulation Authority (SRA) Contradicting Itself: You Can Use Slop to Cheat Clients, But You Can Also Face Disciplinary Actions Over Slop
Where does the SRA stand on the matter?
In Praise of Eben Moglen
Hopefully Professor Moglen will be with us for many decades to come and become an active speaker on issues such as Software Freedom
Sunsetting IBM (for the Benefit of Few Corrupt Officials and Wall Street Speculators)
IBM will not (and cannot) survive for much longer [...] The issue is bad leadership, not any particular nationality/race
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 24, 2026
IRC logs for Tuesday, February 24, 2026
Gemini Links 25/02/2026: Rise of Solar in 2025 and Smallnet Protocols
Links for the day