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

Imposters Inheriting Institutions
Dealing with the "imposter syndrome"
[Meme] The Ponzi Scheme That Eats Rivals (by Paying Them to Stop Competing)
Why compete when you can bribe and defang antitrust authorities?
In 2006 We Had a Novell Problem and Now We Have Several Novells
Microsoft thorns inside the community
Richard M. Stallman (RMS) Debunks Misconceptions About What Free Software Means and Explains How It Works
Free software means people (including users and developers) exercise control over the program, not the programmers
Certificate Authority Let's Encrypt Has Fallen From 12% in Geminispace to Just 1.2% in Two Years (Capsules Usually Self-Sign Their Certificates)
Don't ask the imposters about security
 
[Meme] Video Uploads Improved
The tools are all in our self-hosted Git repository and the licence is, as usual, AGPLv3
Apple Event as Fine Example of the "IT" Circus
It's not clear if the enemy of Free software is a company like Apple is simply public ignorance that Apple keeps fostering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 11, 2024
IRC logs for Wednesday, September 11, 2024
Gemini Links 12/09/2024: Clean Island and VCFMW19
Links for the day
Links 11/09/2024: EPO Patents Tossed Out by Courts, Software Patent Reveals Ford "Tech That Listens to Driver Conversations to Serve Ads"
Links for the day
More "Linux" SEO SPAM, Wrapped Up as Clown Computing, Composed by a "Bullshit Generator" (LLM)
linuxsecurity.com at it again this week
"Linux" and Linux.com Diploma Mill
The front page of Linux.com right now is the usual nonsense
Links 11/09/2024: ROOPHLOCH Report, Small Web Experiences, and Cohost Effectively Dead
Links for the day
Links 11/09/2024: Russia Enters Latvia With Drone, Truth Social Stock Crashes
Links for the day
The "IT Industry" is Full of Imposters (It's a Growing Crisis)
They often manage the companies
Richard Stallman Explains Stochastic Parrots (LLMs)
From his latest talk
The Toys of Today's Kids and Coordination Woes, Not to Mention a Lack of Social Skills
Too much time indoors, too much screen time
Dispelling the Notion That Microsoft is Political Left
Microsoft not only got bailed out (several times) by Donald Trump but also approached him to take over TikTok without paying for it
Linus Torvalds, the Son of a Politician, Tries to Stay Out of Politics (or Political Topics)
"I'm just a geek" has its limits in practice
Richard Stallman Still Deals With Politics
Stallman's gonna Stallman
GAFAM Not Invincible
The US has an election very soon and Microsoft is already bribing candidates for deregulation and favours, based on press reports
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 10, 2024
IRC logs for Tuesday, September 10, 2024
The Greatest Show on Earth (Buzzwords Circus)
What next? Being denied medical service because you don't have a Facebook account?
Gemini Links 11/09/2024: Happiness, Improvised Nebuliser, and olden Age of Palm OS
Links for the day
Julian Assange's Father Turns 80 and They Show Themselves in Melbourne
Will he be active in Wikileaks soon?
Slow But Ongoing Mass Layoffs at EPO, Estimates That Nearly Half of the FOs Will be Made Redundant Soon
When you cease to care about validity and quality of patents you're granting why bother with humans at all?
[Teaser] EPO Tightening Its Belt
who didn't see this coming?
Are Lawsuits Over EPO Corruption Next?
Why does the mainstream media not cover it?
Europe's Second Largest Institution, the EPO, Exploits Lack of Oversight to Commit Crimes Every Day
Immunity begets impunity, which in turn begets crime
[Video] Richard Stallman's New Talk in Germany Covers What Free Software Means, Why LLMs are "Bullshit", and Lots More (Web3 Summit 2024 Berlin)
Closing Keynote Day 3 - Dr. Richard Stallman - Web3 Summit 2024 Berlin
Transcript of Latest Public Talk by Dr. Richard M. Stallman (RMS), Delivered Last Month at Web3 Summit 2024 Berlin
quick-and-dirty transcription
Links 10/09/2024: Big Brother Awards Germany 2024 and Telling the Unemployed to 'Drive Uber'
Links for the day
Gemini Links 10/09/2024: DUIs and Useless Analytics
Links for the day
The Peril of the Electronic Frontier Foundation (EFF) Illuminates the Dangers of Founders Leaving or Being Forced Out
Whatever you may think they stand for, you risk being fixated on what they originally were and perhaps what their Web sites still say
Difficult Times at Soylent News
We hope that Soylent News will recover from this
New Article in redhat.com: How to Install Microsoft Windows
That's just about as bad as that sounds...
Crimes of the EPO Are Costing Everybody in Europe
Since virtually everyone in Europe is a user of software (almost nobody is a forest dweller like in countries near the equator), this impacts everybody
OSI's Blog is Still 100% Microsoft-Sponsored Attacks on Free/Open Source Software
OSI is a compromised, defunct body. It exists to serve the enemies of its original mission.
A Decade Ago Things Became So Bad at the European Patent Office (EPO) That Staff Jumped Out the Window During Working Hours
Colleagues saw the suicide; the EPO's response wasn't to tackle the causes but to bolt down the windows (like factories in China installing controversial 'suicide nets')
Red Hat is Suing to Protect From Patent Trolls
Why doesn't Red Hat (IBM) also lobby to eliminate all software patents once and for all?
COVID-19 Ushered in Attacks on Human Rights and Things They Said They Had Introduced Temporarily Are Still in Effect/Operation Today
COVID-19 changed a lot of things
Quitting Academia When Its IT Systems Are Dominated by Clowns Who Outsource
It seems like a common trajectory
Why the Free Software Foundation (FSF) Owning or Renting Office Space Mattered
"In the long term, the FSF needs to own its future office space, but then the deadly risk is that the property ownership becomes the end goal rather than software freedom."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 09, 2024
IRC logs for Monday, September 09, 2024
Free Software Foundation (FSF) Probably Has No Choice But to Shut Down Its Office
Net Income -$686,366
Nearly Two Years After Quitting My Job
My colleagues and I were bullied by managers (grievance complaint got filed) who didn't even know what "Linux" was
Terms of Service (TOS) Under Scrutiny - Part XVIII - In Conclusion
Many activities can be done offline without having to sign anything