Bonum Certa Men Certa

US Citizens: Contact Your Representatives, Seeking Prosecution of Microsoft Executives for Perpetrating Extortion Racket

Because racketeering is a crime

Al Capone mugshot and Steve Ballmer



Summary: Kind request for the RICO Act to be upheld and enforced now that federal agents are under active pressure from Barnes and Noble, Google, and others

MICROSOFT has engaged in a new type of crime for about 5 years now. A lot of it happens behind closed doors. Extortion rackets are not legal, but they can be spun or painted as something else provided that the perpetrators are rich enough to buy the press, to buy lobbyists, to buy politicians, and to change the law with all of those things. The tide is beginning to turn against Microsoft now that the extortion racket has grown too big to be ignored.



While Groklaw does not look at the Oracle vs. Google case (its main focus these days [1, 2, 3]) it looks again at Microsoft and then covers what we covered here before. Microsoft lobbyists such as charlatan/crook Florian Müller and Novell will collude with Microsoft and try to get regulators off their back. Who can blame them? Microsoft pays their wages to do this. They are aiding crooks because it's profitable. One tactic has been to divert attention to the victim, Google, portraying it as an aggressor. Here is one article among many about pursuit of "DOJ probe into Microsoft patent tactics". "The overview, in the slides, of Microsoft's anti-competitive behavior is the following," writes Pamela Jones, who then quotes:

* Publicly Claiming Control of Android and Other Open Source Operating Systems

* Requiring Potential Licensees to Enter into Overly Restrictive Non-Disclosure Agreements

* Demanding Royalties Commensurate with Owning the Entire Android Operating Sysem (and Similar to Royalties for a Windows Phone License) Even Though Microsoft Only Owns Trivial Patents

* Imposing Licensing Provisions Unrelated to Microsoft's Patents and Designed to Prevent Competitor Innovation

* Filing Frivolous Patent Infringement Actions Against Companies That Refuse to Enter Into Anticompetitive Licensing Agreements

* Deal with Nokia Includes an Agreement to Engage in a Coordinated Offense Use of Patents Against Open Source Software

* Purchasing Patent Portfolios that Threaten Open Source Software


"It’s almost as Martin Niemöller said," writes Pogson, “First they came for the communists, and I didn’t speak out because I wasn’t a communist.

Then they came for the trade unionists, and I didn’t speak out because I wasn’t a trade unionist.

Then they came for the Jews, and I didn’t speak out because I wasn’t a Jew.

Then they came for me and there was no one left to speak out for me.”

It is time to call out this nonsense and actually make Microsoft afraid of the law being enforced. What it is doing almost certainty violates the RICO Act, it's just that nobody bothers to actually enforce the law and Microsoft uses NDAs to hide evidence of its criminal activities, just as it hid OOXML bribes to ensure it can corrupt ISO without the watchdogs sending anybody to jail.

Microsoft commits crimes of extortion and only gets away with it because of crooked political systems and a PR campaign it funds to whitewash its behaviour. If you are are US citizen who is tired of this, make sure you let your government representatives know (Microsoft is based in the US, so it has to be done there). A talented writer says that an expert claims regulators are "slow to catch up" to Microsoft patent bullying. In a sane system, Ballmer and his buddy Horacio would possibly be put in prison for a very long time, but as Timothy B. Lee makes apparent, the government is too afraid to take legal action against billionaires (we see this in Wall Street, too). Well, nobody wants to say that the emperor is naked because the PR campaign keeps talking about the garments, not the obvious absurdities:

Expert: Regulators "slow to catch up" to Microsoft patent bullying



Google and at least one of its Android partners—Barnes and Noble—have been agitating for a government antitrust investigation of Microsoft's patent licensing practices. Last month, Barnes and Noble submitted a formal request for the Department of Justice to launch a probe.

According to Barnes and Noble, Microsoft claims to have over 60,000 patents. Fewer than 20,000 of those were granted by the patent office; Microsoft presumably purchased the other 40,000 from other firms. The result is one of the world's largest "patent thickets." Microsoft has so many patents that it's difficult to build a software product as complex as a mobile operating system without infringing dozens, maybe even hundreds, of them.

And Microsoft is taking full advantage of that fact, approaching each Android-based phone manufacturer in turn and demanding stiff licensing fees—fees that are allegedly at least as high as the fees Microsoft charges for its own Windows Phone 7 operating system. Microsoft has also been cagey about identifying the specific patents allegedly infringed by Android vendors. Some observers (including me) have characterized the process as a shakedown.

So does Microsoft's conduct run afoul of antitrust law? Michael Carrier, an antitrust scholar at Rutgers-Camden, is skeptical. "I'm concerned by a lot of this conduct," he said, but antitrust law has "limited tools" to deal with it. And antitrust regulators tend to be slow to adapt to changing market circumstances.


Nobody suggests an "Occupy Redmond"; we only ask US citizens to demand enforcement of the RICO Act, which was not put in place for mere 'decoration' or symbolism. It is the legal rights of US citizens to contact their elected officials and at the very least share with us their responses. We need to apply pressure. The president of the FSFE calls this whole thing "extortion" in one of his latest tweets, but he cannot do much about it. To quote:

Barnes & Noble: Microsoft trying to make #android as expensive as Windows Mobile through patent extortion


Steven J. Vaughan-Nichols wrote one of the best articles about this. To quote:

While Google has been fighting with Oracle over Java’s intellectual property (IP) and Android, it hasn’t been doing a lot for its Android allies who have been being whipsawed by Apple, Microsoft and patent trolls such as Intellectual Ventures. That may be changing. Google executive chairman Eric Schmidt said today in Taiwan that Google will stand by the phone vendors firms in any Android patent lawsuit.

According to Focus Taiwan, Schmidt said, “We disagree with Microsoft that anyone needs to pay Microsoft a royalty fee for products they didn’t build. I want to emphasize that Google built these products [Android and Chrome], not Microsoft. We tell our partners, including the ones in Taiwan, that we will support them.”

It’s not just Microsoft though that Schmidt is giving notice to that Google won’t be sitting back in patent lawsuits. “For example, we have been supporting HTC in its dispute with Apple because we think that the Apple thing is not correct.”

I also suspect it’s because, as Google gets closer to sealing the deal that will bring it Motorola Mobility. Google will be able to use its Motorola Mobility patent arsenal against Android’s enemies in the courtroom.


Pogson cited this and added:

Some other nuggets:

see Oracle v Google where the judge has seen patent claims and copyright claims whittled away to almost nothing compared to the $billions Oracle made. Google’s lawyer stated in court, “when Android was announced in 2007, Sun didn’t throw up their hands and say, oh, my gosh, you’re infringing, Sun congratulated Google on Android, welcomed Android to the Java community, put Android on Sun products, asked Google how they could help Android.”

see A suggestion that the ugly Apple v Samsung global war was actually the result of Steve Jobs’ vanity and may soon be resolved.

The world of IT needs this war to be short and decisive. There is hope.


According to a new article from Reuters, "Google offers support to Android firms in lawsuits". Well done:

Google Inc will continue to offer support to firms using its Android system that are involved in legal disputes, its executive chairman Eric Schmidt said on Wednesday, as the Internet giant looks to cement alliances in the face of toughening competition.


It would be unfair to name only Microsoft for its extortion of Android. Apple's former CEO too vowed to use up to $40 billion just trying to kill Android in the courtroom, as though the courtroom is just a little playground for him -- a playground by which to subvert competition, maybe even by liaising with his best friend Larry Ellison. Watch this new patent from Apple, the company which only pretends to innovate. When it does 'innovate', it's stuff like this:



It has been suggested elsewhere that Steve Jobs' own words should be used to report Apple too -- not just Microsoft -- for abusing the legal system for anti-competitive purposes, incidentally colluding with Microsoft at the same time. The bottom line though is clear; it is time to actually use the law the way it was supposed to be used -- to serve justice, not to derail competitors, extort competition, bankrupt competitors, intimidate competitors, and present fake evidence to block imports of the competition.

US citizens: the Barnes and Noble complaint text can be (re)used to contact representatives without having to do much work. If you hear back, please let us know and share.

Comments

Recent Techrights' Posts

SLAPP Censorship - Part 168 Out of 200: When Choosing Clients Recklessly and Poorly Self-Harm is Inevitable
"If you're doing something hard and nobody hates it, you probably aren't doing it. If the right people hate it and those people happen to be some of the worst people alive, so much the better."
 
Andrew Lee Has Turned Freenode Into a Slopfarm (Because Who Needs IRC Anyway?)
The site is churning out slop all day long
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 01, 2026
IRC logs for Tuesday, September 01, 2026
FSF Staff Uses 'CoC' to Stop Conversation About Autistici/Inventati in Relation to Free Software
The list is already heavily moderated
IBM Allegedly Stopped Hiring (This Tends to Coincide With Mass Layoffs)
Is a hiring freeze an echo of layoffs? Yes, definitely.
Something Big is Happening at IBM This Week/Month
Some people at IBM (and Red Hat) are panicking
Gemini Links 01/09/2026: Biscuits, Epstein Files, Power Users, and Alhena 5.6.8
Links for the day
Links 01/09/2026: Almost 5,000 Missing/Dead in Nepal-China Flood and Marijuana Factory Explodes
Links for the day
September at IBM: Silent Layoffs on Day 1
PIPocalypse at IBM
Last Month IRC Entered Its 39th Year and It's Still Growing (New IRC Networks)
There are 511+ known IRC networks
Links 01/09/2026: Climate, Disinformation, Microsoft Overworking People
Links for the day
Richard Stallman's Site Still Offline (Third Day), But Richard Stallman is Active Online
he is busy online despite his site not being accessible so far this week
PIP Layoffs at Microsoft, Even in India
Microsoft is trying to hide the true scale of the layoffs
Layoff Trackers Are a Sham, They're Like US 'Unemployment Data'
Layoff trackers are similarly misleading as they only measure what companies openly admit and register with WARN notices
The Peculiar Case of OSNews, Which Experiments With Slopfarming
It wasn't published in error. It has been there for two months.
Russian Federation is Removing Windows From Computers
Windows is going "out of fashion"
XBox CEO Has No Clue What She is Selling
Some people believe Microsoft will parcel and offload the whole "gaming" unit to some other companies
analognowhere.com and xkcd.com Selling Physical Copies of Webcomics
That's one way to support their work
PIP/GVSA at Microsoft: Mass Layoffs Disguised as Something Else
Microsoft is trying to cheapen the workforce because the numbers don't add up
Microsoft Lunduke Uses Twitter ("X") Because It's Algorithmically Designed to Boost His Worldview/s, He Ignores What "X" Is
Maybe all those people really deserve one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 31, 2026
IRC logs for Monday, August 31, 2026
Censorship by Threats
It should be noted that the Web site of Richard Stallman will soon enter its third day of downtime
In Romania, GNU/Linux Reaches 6%, According to Clownflare
Tomorrow we'll see the latest data from statCounter (for September)
Gemini Links 01/09/2026: Denali Park Train Trip, Crafts, and Community-Building in smol.pub
Links for the day
Microsoft Workers Doing 80 Hours a Week After Microsoft Culled Their Colleagues
there are days when they work 17 hours a day (barely any time left to sleep and eat) and work starts at 5AM
IBM Defrauds Shareholders With Fake News (Bribed Press) About "Quantum"
That says a lot about the state of "Tech Giants" and also the utterly shameless state of the media
Record Highs for GNU/Linux, Especially in the United States of America
the "market share" of GNU/Linux is about 9%, still about a third of what Vista 11 stands at
PIPocalypse at IBM
Silent layoffs
Spending Over a Million Bucks on Lawsuits Abroad When There's a Big Mortgage to Pay in America
Priorities, priorities...
Gemini Links 31/08/2026: Announcing ROOPHLOCH 2026, smol.pub Discussion, and LLM Plagiarism Engines Target Geminispace
Links for the day
Richard Stallman's GNU Turns 43 in 4 Weeks, FSF Growing
In a few weeks GNU turns 43
IBM's Cuts Are Worsening Security in GNU/Linux
IBM is still run by the same idiot who proposed taking over Red Hat
Microsoft: Work Weekends Too
Microsoft literally working its workers to death
Links 31/08/2026: Anthropic Sued Again for Copyright Infringement of Massive Scale, 'Tokenmaxxing' Shows Slop is a Worthless Liability
Links for the day
Links 31/08/2026: "Teslas Are Still Driving Into Oncoming Freight Trains" and "LLM Moats Quickly Evaporating"
Links for the day
Stallman Has Explained Slop is "Marketing Hype Campaign" and Torvalds Agreed. The Difference is the Bribes.
So be like Stallman
Debian Project Discards About 25% of the Votes on LLM Slop, Microsoft Votes in the General Resolution (GR)
"[t]he rules of the vote saw community members asked to rank each of the eight proposals. Just under 600 people voted, but Debian’s election team rejected many for unspecified reasons, leaving almost 450 valid votes to count."
Essentiality of Rest and Killing Oneself for Vicious Companies
Working for Microsoft is foolish
In the UK, Bing (Microsoft) Down to Lowest Level Since January
our tax money being passed to Microsoft via MoUs (back door deals with kickbacks)
SLAPP Censorship - Part 167 Out of 200: The Court of Appeal Might be the Next Step
Today is our last vacation day
German Government Sponsors IBM Because of GNU/Linux
Flatpak is sponsored by, run, and controlled by IBM
Richard Stallman Speaks to Christine Hall of FOSS Force, stallman.org is Down for Over a Day
interview does a good job addressing the hype about LLMs too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 30, 2026
IRC logs for Sunday, August 30, 2026
Gemini Links 31/08/2026: Holidays, Stream of Consciousness, and Posting Online
Links for the day