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

Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
 
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day
Links 19/06/2025: Ghostwriting Scam and Fentanylware (TikTok) Buying Time
Links for the day
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Gemini Links 19/06/2025: Unix Primitivism, Zine Club, and Gemini Protocol Turns 6 at Midnight
Links for the day
Links 19/06/2025: WhatsApp Identified as Assassination 'Crosshairs', Patreon Now Rips Off People Even More
Links for the day
"Told You So": Another Very Large Wave of Microsoft Layoffs Now Confirmed in Mainstream Media
So we were right to believe the rumours, based on the credibility of prior such rumours
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 18, 2025
IRC logs for Wednesday, June 18, 2025
Gemini Links 18/06/2025: Magit and Farming
Links for the day
Slopwatch: BetaNews is Now a Slopfarm (Like Linuxsecurity) and Google News is Overwhelmed by Slopfarms
The Web is bad
Links 18/06/2025: SCOTUS Decision on Fentanylware (TikTok) Still Ignored, 4.5-Day Work Weeks
Links for the day
Links 17/06/2025: Windows TCO and G7 Rifts
Links for the day
The Right to Know and the Freedom to Report on Crime (at the Higher Echelons)
I'd like to do the same thing for the next 20 years
BetaNews Appears to Have Fired All Of Its Staff
Even serial sloppers
After the Web Becomes Slopped to Death
A lot of people are rightly fed up with the "modern" Web
Gemini Protocol Turns 6 on Friday
Active (online) Gemini capsules are estimated by Lupa at over 3,000
Like Most Social Control Media, Microsoft LinkedIn is Collapsing
One reason for Microsoft acquisitions is debt-loading, i.e. offloading and burying its debt
Microsoft is Losing Its Richest Clients
Unlike some very poor countries, Germany and the EU are a considerable source of income to Microsoft
Proprietary Means Not Secure
Proprietary software tends to rely on secrecy, not good design
Slop in 'AI' Clothing is a Passing Fad, We'll Get Past It (Like Blockchain Before That)
Many people cheat in exams using slop and there are professionals that try using slop as a "shortcut"
GNOME Does Not Campaign Against Microsoft, KDE Does
It's good to see that KDE is still active in promotion of Free software - a term that it uses
Slopwatch: BetaNews, Linuxsecurity, and Other Prolific Slopfarms
name and shame the sites that establish such proliferation of slop
Gemini Links 18/06/2025: Birch Lake and Loon Pond
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 17, 2025
IRC logs for Tuesday, June 17, 2025