Bonum Certa Men Certa

Why Microsoft's Blackmail Campaign Against Linux/Android May be Headed Towards the Garbage Can

Trash cans



Summary: Barnes and Noble gets an upper hand and other news serves to show the weakening of Microsoft's patent campaign/effort to disrupt fair competition

THIS site was born out of need to defend GNU/Linux from Microsoft extortion. Here we are just over half a decade later and Microsoft's extortion affects many Android devices, not just SUSE.



According to this report, "Barnes & Noble Backed by U.S. Agency Staff in Microsoft Case" and as one commentator puts it:

CLOSED SOURCE SOFTWARE HOUSE Microsoft looks set to lose its attempt to get Barnes and Noble's Nook tablet banned.

Microsoft had gone to the US International Trade Commission (ITC) in a bid to halt the import of Barnes and Noble's Nook tablet and ebook reader, claiming the device infringes three of its patents. Unlike most firms, Barnes and Noble decided to fight Microsoft instead of paying up, a decision that now looks likely to pay off.


This is enough to squash some propaganda from Microsoft lobbyists, but not the appalling propaganda from Bloomberg (as can be seen here). Linux-hostile sources are seeking to portray Google as a patent aggressor and gangsters from Microsoft as "friendly"

The Microsoft lobbyists[ spread (nonsense like it's a full-time job and the target is always Android. Microsoft is very worried about Android, which enters tablets and thus affects Microsoft's desktop share as well.

Red Hat's unofficial response (from an employee) says:

Now let’s ignore for the moment the obvious wrongness wrt Android copying iOS etc and instead focus on the claim that 2.25% is not FRANDish enough according to the self-acclaimed expert in thsi field, Mr. Florian Mueller.

This same Mr. Mueller is working on a “research project” to find out how FRAND is the best way for the IT world etc. Hint: that research is payed by Microsoft ;-)


It is just a Microsoft lobbyist injecting the Microsoft line into publications (maybe with his usual spam-esque techniques for promoting this).

Pamela Jones and Professor Webbink tackle these sorts of issues from a legal standpoint. In this new post they help dispel some of the myths spread by the lobbyists:

With Google's acquisition of Motorola Mobility there have been a number of competitors claiming Google (Motorola) is acting unfairly in its licensing of patents related to the H.264 and 3G/UMTS standards.

Among the complaining parties are Microsoft and Apple, both of which claim that the Motorola Mobility approach to FRAND (fair reasonable and non-discriminatory) licensing under the respective standards is anything but fair and reasonable. The fight is over the fact that Motorola Mobility (and now Google) is asking a 2.25% royalty for a single patent in each of these instances.

While it is the epitome of chutzpah for Apple and Microsoft to complain about the patent licensing behavior of any other company, that does little to clarify the issues involved in patent licensing related to standards. This article will walk through those issues so we can all have a better understanding of such licensing and why different companies perceive the terms "fair and reasonable" from very different perspectives, depending on whose ox is being gored.


Here is the type of articles Groklaw responds to. Alan Lord writes: "Makes you wonder what all those other vendors are paying #Microsoft for doesn't it?"

On another occasion he writes: "OMG! Look what #Microsoft, the #swpat troll is claiming are being breached by B&N: is.gd/XTkkrg Trivial, not novel or innovative."

He links to this Microsoft booster and Pamela Jones over at Groklaw. She shows Microsoft retreating:



The big news being reported by Bloomberg is that Jeff Hsu, a staff attorney at the ITC, said in an interview he will be recommending that ITC Judge Theodore Essex find Barnes & Noble has not infringed three Microsoft patents. Essex rules in April on that.

If I were a FUDster, I'd write that this means Barnes & Noble has prevailed, but I just tell you the truth, which is that this is one step in a longer process. It is, undeniably, however, fabulously good news for Barnes & Noble.


Alan Lord adds that:

Really, really bad stuff from #Microsoft's "Android Licensing Progam": is.gd/b1rIIy #swpats #barnesandnoble (2nd highlighted para)


Extortion is when "licensing" from Microsoft is required for a product Microsoft has nothing to do with. And as Groklaw puts it:

Barnes & Noble Files Petition for Review Re Patent Misuse Defense ~pj - Updated



[... But the most explosive section is where Barnes & Noble describes what Microsoft said to them when they approached Barnes & Noble with a demand that they pay for a patent license:
“And what they basically told us was, it doesn’t matter if you have defenses, whether you don’t infringe, whether our patents are invalid, you’re going to need to take a license, because there’s no way that you can get out of our grasp, that we have so many patents that we could overwhelm you.”
The document says that Microsoft demands that all OEMs take a license from them and pay for all Android phones whether or not they actually infringe.


Finally, here is an explanation of interest about damage limitations because "[a] number of comments to a recent article on the Microsoft v. Barnes & Noble reveal some confusion on the issues of damages in patent infringement actions and the role that patent marking and notice play in determining when damages begin to accrue." The bottom line is, the case goes on and Microsoft is struggling to defend its case for extortion. Regulators too are getting involved now. Besieged by transparency.

Recent Techrights' Posts

SLAPP Censorship - Part 148 Out of 200: The Manosphere
Those people don't just threaten our national sovereignty, press, democracy etc. They also endanger women everywhere.
GNU/Linux Reaches 10% "Market Share" in statCounter
As of this morning
Voluntary' Layoffs and 'Proper' Layoffs at IBM This Year
When will IBM management confess that 15% of staff is already marked for potential removal?
The Register MS Has Just Published Slop Spam for NVIDIA and HP, It Says "AI" 43 Times
As usual, The Register MS ought to be ashamed of itself for participating in it
The Slop Debt (Trillions of Dollars, Money That Does Not Exist) is Causing the Collapse of GAFAM et al
This slop hype will end up like "metaverse", except "metaverse" never ended up justifying trillions of dollars in "investment"
Social Control Media is the Opposite of Information
That says a lot about social control media
 
'Cancel Culture' Isn't About Empathy, It's About Making Good People Homeless
Seeing what they did to RMS, remember that those "concern trolls" are about everything other than ethics and morals
Daniel Pocock in The Nerve
Lots of publicity owning to the enrollment
Why Support Daniel Pocock
Our readers who come from IBM and the EPO are certainly familiar with the tactics of censorship and what that sort of censorship leads to
Gemini Links 13/08/2026: Health, Partial Eclipse Sketches, and Guilelessness
Links for the day
15% of IBM Marked for Potential Termination, PIPs are the "New Layoffs" (or RAs) at IBM
IBM is a dying company, but it does not want the press to say this or for people to understand that
Links 13/08/2026: "The Rise of the Measles-Industrial Complex" and Spotify Curbs Slop
Links for the day
Daniel Pocock on Australia's 9News (Nine Entertainment)
This gives visibility to software and technology issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 12, 2026
IRC logs for Wednesday, August 12, 2026
Gemini Links 12/08/2026: Losing a Child, "The OpenWeb Needs Diversity", and Gmail Woes
Links for the day
Links 12/08/2026: Trouble in Proprietary Chaffbot Company 'Open' 'AI' and Slop "Investors Are Suddenly Quaking in Their Boots"
Links for the day
Daniel Pocock in National News in Australia the Day of the Election
"Posted 20m ago" (Thursday in Australia), it's timed nicely to help illuminate Pocock and give him last-minute exposure
Simpler Means More Reliable
The simple old way of local storage and local backups is still the best
Clownflare and statCounter See GNU/Linux at ~8% in Norway
Norway has long championed GNU/Linux compared to the rest of Europe
Clacton manifesto: Reform UK hacking, leaks, raw sewage & 8GB Swiss Archive
Reprinted with permission from Daniel Pocock
statCounter Today: ChromeOS + GNU/Linux Measured at 10.98% Globally (Desktops and Laptops)
Clownflare does not quite refute this
The Register MS Has Just Published Fake Article About Replacing Linux With Proprietary Google System, "Sponsored by ASUS."
All of those things are proprietary GAFAMware
Links 12/08/2026: "X’s Advertising Business Continues to Tank", "Stop Feeding the Billionaires"
Links for the day
Lack of Empathy Rampant in the Sector
Sociopaths are sociopaths. They cannot help themselves
Before the "Big Tech" (That Almost Everybody is Forced to Use) Was Controlled by Men Who Hate Women
Such rejection and even hatred of women qualifies/enshrines oneself as an "incel"- a dangerous and violent online cult
In Defence of Hoarding CDs, More So When Digital Restrictions (DRM) Come to More 'Content' and Even Offline/Physical Media Won't Work When Some Remote Server Says "No" (or Goes Offline)
made to serve and entertain owners, not to allow companies like Sony and Microsoft subjugate owners
Clownflare: In Finland, Birthplace of Linux Kernel, GNU/Linux Now Bigger Than Apple's MacOS
It's not just in Finland where we see such trends
More Mass Layoffs Due to Monumental Debt Excused as "Investment" (in Slop)
They're maxing up the private debt and their country is already insolvent
METRO Interviews Daniel Pocock a Day Before Election
The article is behind a wall that blocks people who block ads
Enshittification More Than a Century Ago
Is enshittification more than a century old?
GNU in 1991 (35 Years Ago): Compiler and Lots More Ready, Linux Now Becoming 'Vibe Heap' (Slop Replaces Real Code)
Without curbs in place, many Linux developers will flee
Company-Wide 'Reorg' ('Redundancies') at IBM, Mark October 1st 2026 in the Calendar
Is Oct 1 the new Apr 1?
SLAPP Censorship - Part 147 Out of 200: The SLAPP Series is 'Slow' Because Timing Matters
It is important to stress that after this series is finished there will be many more series, with some of them showing raw evidence of what we've been illuminating and telling
Even ZDNet Accepts That "Market Share" of GNU/Linux May Have Doubled on Desktops and Laptops
GNU/Linux is definitely growing, and quite quickly in fact
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 11, 2026
IRC logs for Tuesday, August 11, 2026
Microsoft Layoffs and Shutdowns Continue This August, Morale Low, Employees Set Up Giant Inflatable Rat to Protest Against CEO
nothing demonstrates their anger better than what they did to the CEO
Gemini Links 12/08/2026: Sophomore Slump, Mandatory Phone Addiction, and Vintage Web Game Gallery
Links for the day
Summer Layoffs and 'Redundancies' (Cost-Cutting) at Microsoft and IBM
IBM is merely buying its revenue - an unsustainable strategy that aims to hide the company's rapid decline
Links 11/08/2026: Tensions South of China and Stingy "YouTube Doubles the Eligibility Requirements" (to Get Paid)
Links for the day
The Independent (UK) Today: "Independent candidate Daniel Pocock is concerned about media issues."
Let's see what results say around Friday
Gemini Links 11/08/2026: Stargate, Stargazer, Air-gapped Environments, and SystemVerilog Simulator
Links for the day
The Slop ('Linux') Foundation Celebrates 35 'Linux' Years a Week After GNU/Linux Turns 43
they'll keep on trying to change history
Keumars Afifi-Sabet Produces Useful, Informative Coverage Regarding Privacy
And it's good for Richard Stallman
Confirmed: Microsoft Layoffs in August 2026, Entire Operations Shut Down Too
Microsoft is just bleeding
Paying With Cash in 2026
Cash isn't going away. Not any time soon.
Blocking Tor Is Not a Solution, It's Paranoia
Tor is not a crime
Oligarchs and Their Footsoldiers Are Most Enthusiastically Loud About the Things They're Attacking
Like "Microsoft loves Linux"
FOSSY (SFC) Platforming GAFAM, Sells Endorsement
Houston, we have a problem here
Not Allowing Misogyny and Misogynists to Run the World
We stand with (and for) equality, justice, and freedom
"SPONSORED EXPLAINER" at The Register MS is Just More SPAM "Sponsored by HPE."
This is a great example of crap 'journalism'
IBM Won't Hire (or Hardly Hire) This Year
IBM is bluffing with buzzwords while shrinking out of existence and reducing salaries
SLAPP Censorship - Part 146 Out of 200: An Industry of Plagiarism, 'Normalised'
they pursue personal enrichment by stealing from Free software developers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 10, 2026
IRC logs for Monday, August 10, 2026
5.1k Capsules Known to Lupa, Gemini Protocol Crawler
If no limits (e.g. 10k max per capsule) were imposed on crawling, there would likely be millions of pages in the database
Gemini Links 11/08/2026: Waking Up Earlier, Whining About LLMs as Destructive Plagiarism
Links for the day
Links 11/08/2026: "The Enemy Is the Platform" and 'Vibe' 'Coding' Shown to be Little But Plagiarism
Links for the day