Bonum Certa Men Certa

Did Microsoft Buy FUD From Barnes and Noble? Did Microsoft Simply Pay a Bribe? If So, Is That Legal?

Dollar



Summary: News updates about Android/Google defence in the face of aggression and market distortion from Microsoft and from Oracle

THE wide range of bribe types includes gentle bribe [1, 2, 3, 4] and lobbying.



Not every bribe is being referred to as such; this is the art of buying influence short of classical bribery. Sometimes it is being painted with the "just politics" or "just business" brush.

"Sometimes it is being painted with the "just politics" or "just business" brush."We recently alluded to the Barnes & Noble deal, about which Jay Lyman writes: "with the deal in place, Barnes & Noble is no longer putting pressure on Microsoft to explain exactly where it asserted IP rights over Android."

This is a trick that Microsoft pulled before. It's like buying terror, paying the reluctant victim some money to stop fighting against extortion and thus paving the way to more of it. As the same source put it, "Microsoft has bought a share of Barnes & Noble's Nook e-reader business."

Nice way to pass a bribe -- "buying a share". Barnes & Noble was important in this battle for Android freedom (gratis) and Microsoft has just neutralised it. It may make "business sense" for both sides to make such a transaction, but it's akin to a bribe that helps Microsoft further distort the market.

As SJVN put it:

So, did Microsoft do the deal just because they realized that if their anti-Android patents would be ruled to be FUD? No, but it did have a heck of a lot to do with it. As Alison Frankel, senior writer at The American Lawyer, commented, “Microsoft paid B&N, the patent defendant, a sum of money that exceeded the marketplace value of its investment. How often does a patent plaintiff pay the defendant in a settlement? Especially when that defendant is on the ropes and urgently searching for a strategic investor?”

I know the answer to that one: Never.


Yes, but it's a bribe. The "b" word oughtn't be a taboo.

On another front, APIs in Android are leading to copyright madness. "Irrespective of my opinion on the subject," writes one analyst, "what will the impact be should APIs prove copyrightable? It is likely to be extensive, cascading and a lesson in unintended consequences. Even parties with no intention of asserting their intellectual property rights concerning APIs – think authors of permissively licensed programming languages, as one example – will presumably be required to commit to non-enforcement, contractually. And obviously those parties wishing to realize another revenue stream, limit competition or both will ramp up legal actions around unlicensed usage of the APIs in question. It’s difficult to fully predict the downstream effects, but given the accelerating servicification of the world, a decision in favor of copyrightable APIs is likely to be at least as damaging as the patent system is today."

Here is what Simon Phipps wrote while the Microsoft boosters used it against Android. Joe Mullin said that headaches loom, whereas the FSF issued this statement and Steven J. Vaughan-Nichols mocked the case, calling it a "Dead lawsuit walking":

Oracle’s case is as dead now as when it began. Like SCO with its insane attacks against IBM and Linux, Oracle doesn’t have a leg to stand on in its Google litigation.


Later on SJVN remarked on this whole copyright nonsense and the Against Monopoly Web site used it to show how outdated copyright law is becoming. To quote:

The courts continue to get to make copyright and patent law. The latest involves Oracle which is suing Google over Oracle's Application Programming Interface (API) as well as other lesser elements.


It has become more apparent that copyrights law -- not just patent law -- is an impediment to software freedom and programming in general. Tech dinosaurs use those antiquated laws to hold back progress.

Recent Techrights' Posts

Debian Developer at Sirius Was Under the Wrong Impression That Staff Must Check or Should See E-mail All the Time (24/7 Work Attention is an Occupational Health Hazard)
My personal and professional experience with a Debian Developer (DD) at work
Techrights More Productive Than Ever Before
Today we finally crossed the 1,900-page milestone
Europe's Adoption of GNU/Linux, by Country (Now About 6%)
in Switzerland, for instance, adoption of GNU/Linux has been profoundly low
Not Only Has Adoption of Windows Vista 11 Flatlined/Plateaued, Now It is Going Down!
Did many people delete Vista 11 and install GNU/Linux instead?
 
Links 04/03/2024: Old Crisis Looming, UPC Already in Infringement of Article 6 ECHR
Links for the day
The Right to Disconnect (Meme and Very Recent References)
relatively new press
Links 04/03/2024: Techno-Babble in Tech Job Ads and Vision Pro Already Breaking Apart
Links for the day
[Meme] 'Debating' People by Subscribing Them to Lots of SPAM
Rebuttal? No, spam.
From Sexual Harassment of Women to Yet More Cybercrimes
They can be prosecuted
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 03, 2024
IRC logs for Sunday, March 03, 2024
Venezuela: Windows Below 70% (Laptops and Desktops), GNU/Linux Up to 7%
It's a lot higher in Cuba
ICYMI: ZDNet Financially Controlled by Microsoft
a history of censoring SJVN's Microsoft-critical articles
Argentina Joining the 4% 'Club' (GNU/Linux on Desktops and Laptops)
Data as ODF
Transparency Sets Society Free
"Convenient delusions" aren't bliss but temporary relief
[Meme] The EPO, Europe's Second-Largest Institution, Which is Contracting With Belarus
Socialist EPO
The European Patent Office's (EPO) Illegal Ban on Mass Communication Gets in the Way of Democracy
The scientific process (patents apply to science) must allow scrutiny, both from within and from the outside
Links 03/03/2024: Depression in Hong Kong, Sex 'Apps' and STIs
Links for the day
Links Gemini 03/03/2024: NixOS and NextCloud, Back Into Ricing
Links for the day
The Debian family fallacy
Reprinted with permission from Daniel Pocock
GNU/Linux Peaking in Europe, Android Measured as Higher or More Prevalent Than Windows
Android topping Windows
For Every Action There's a Reaction
Gates lobbying Modi
Like in Africa, Android Takes Control, Raking in Almost All the 'Chips' in Asia
So Microsoft has no OS majority except in Japan and Russia (and tiny Armenia).
Links 03/03/2024: Goodbye, Navalny (Funeral Reports)
Links for the day
Gemini Links 03/03/2024: A Wild Devlog Appeared and GrapheneOS Ramble
Links for the day
Gemini at 3,800+
total number of known capsules at above 3.8k
Be a Navalny
We salute Mr. Navalny
Mozilla Firefox is Back in ~2% Territories, Jeopardising Its Status as Web Browser to Test/Target/Validate With
Some new stats
[Meme] Russian Standards of Law: The Executive Branch Decides Everything
the president's kangaroo court
Up Next: The Tricky Relationship Between the Administrative Tribunal of the ILO and the European Patent Organisation (EPO)
We've moved from presidents who run a republic by consent to corrupt, unqualified, dictatorial officials who bribe for the seat (buying the votes)
IRC Proceedings: Saturday, March 02, 2024
IRC logs for Saturday, March 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Beware Imposter Sites of Techrights (Not Techrights.com or Techrights.org)
Only trust pages accessed through the domains controlled by us
Italy visa & residence permit: Albanian Outreachy, Wikimedia & Debian tighten control over woman
Reprinted with permission from Daniel Pocock
Links 02/03/2024: Actual Journalists Under Attack, More Software Patents Being Challenged
Links for the day
Gemini Links 02/03/2024: NixOS on GPD, Meson Woes
Links for the day
statCounter March 2024 Statistics (Preliminary)
Notice Asia
Links 02/03/2024: More Lawsuits Against Microsoft, Facebook Killing Hard-To-Find News
Links for the day
ZDNet (Red Ventures) Works for Microsoft (Redmond), Many Of Its Pages Are Spam/Advertisements Paid for by Microsoft
Here is the "smoking gun"
Wikipedia Demotes CNET Due to Chatbot-Generated Spew as 'Articles'; It Should Do the Same to ZDNet (Also Red Ventures, Also Microsoft Propaganda)
Redmond Ventures?
IBM Sends Money to Microsoft
Red Hat basically helps sponsor the company that's a attacking our community
The Direction WordPress (GPL) Has Taken is an Embarrassment
it comes with strings attached
When the Cancer 'Metastasises'
We had a red flag
March in Techrights (EPO Litigation and More)
One theme we'll explore a lot when it comes to GNU/Linux is the extent to which communities truly serve communities
Don't Forget to Also Follow Tux Machines
We've split the material
Yandex Usage Has Surged Since the Invasion of Ukraine, Microsoft Fell to 0.7% (It Was 1.7% Before the 'Bing Chat' Hype Campaign)
In Soviet Russia, Bing searches user
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 01, 2024
IRC logs for Friday, March 01, 2024
Sellout Completed: Linux Foundation Converging With the Gates Foundation
not a joke
Hitler Rants Parodies on Steve Ballmer
Parody created using clips from Downfall (Der Untergang)
With Windows This Low (27% of the "OS" Market), Steve Ballmer Would Have Thrown Another Chair
The media produced many puff pieces about Nadella at 10 (as CEO), but what has he done for Windows? Nothing.
[Meme] The Naked President
EPO Suffers From Shrinkage
Attacks on the EPC: Reality and Fiction
EPO leaks