Bonum Certa Men Certa

Microsoft Continues to Hammer on Linux and Android With Copyright and Patent Proxies

"On the same day that CA blasted SCO, Open Source evangelist Eric Raymond revealed a leaked email from SCO's strategic consultant Mike Anderer to their management. The email details how, surprise surprise, Microsoft has arranged virtually all of SCO's financing, hiding behind intermediaries like Baystar Capital."

--Bruce Perens



Handyman



Summary: Far from a friend of FOSS, Microsoft continues to attack FOSS platforms by proxy, through SCO, Nokia, Intellectual Ventures, and more

Patent lawyers and patent boosters like Dennis Crouch continue to cover patents as though they deserve the same legitimacy as copyrights. Terms like IP (or Intellectual Property) are used to blur the distinction. A decade ago SCO sued Linux backers using copyright claims. And a decade later the SCO case is still not over. "The SCO Group would like the US District Court in Utah to finally give it a hearing regarding its wish to go forward in its lawsuit against IBM "and other matters", whatever that last turns out to mean," writes Pamela Jones at Groklaw this week. SCO still hasn't shown what it claims to be copyright violations. Secrecy is being used to make the trial never end, billing many companies (legal fees) at the same time.



Apple too has been using secrecy and reporters challenge this secrecy, as we noted earlier this week:

On Tuesday, March 26, Gregg Leslie, the legal director of the Reporters Committee for Freedom of the Press, is scheduled to appear before the U.S. Court of Appeals for the Federal Circuit to argue in favor of unsealing court documents in the multi-billion-dollar Apple v. Samsung patent case.

The appeal is significant because the Federal Circuit, where much important patent law is made, has never had a seminal access case.

The Reporters Committee, joined by seven media organizations, filed a friend-of-the-court brief in the Court of Appeals in October 2012, arguing that records in the smartphone patent lawsuit – whose partial unsealing by a lower court was appealed by both Apple and Samsung – should be public.


Here is an update on this:

A federal appeals court aggressively questioned the scope of the public interest and trade secrets at a hearing on Tuesday over document secrecy in Apple Inc's patent litigation against Samsung Electronics Co Ltd .

A coalition of media advocacy groups and news organizations is asking the Federal U.S. Circuit Court of Appeals to uphold a lower court ruling that ordered the companies to unseal many financial documents filed in the high-stakes patent case


Apple secrecy goes many years back. The company has a lot to hide. It wants to control how its products are covered.

Apple is meanwhile being sued for patent infringement in China:

Apple is being taken to court in China for alleged copyright infringement on its Siri feature.

Shanghai's Zhizhen Network Technology Co claims Apple infringed its patent for the voice recognition software.

Siri is a "virtual personal assistant" which responds to voice commands and lets users do things such as send messages and search the internet.

Zhizhen says it patented its Xiao i Robot software in 2004, while Apple's Siri made its debut with the release of the iPhone 4S in 2011.


Watch Murdoch's propaganda press hypocritically slamming China for taking action against Apple:

The Chinese Communist Party's main propaganda outlet assailed Apple Inc.'s customer-service practices, the latest indication that China might move to check foreign companies' domination of the country's smartphone market.


What an ugly opening sentence. The WSJ and other News Corp outlets are no less propaganda than the Chinese equivalent. But anyway, in the US it's the corporations which control the press through direct ownership (e.g. Huffington Post is AOL which is Warner which is Comcast which is NBC which is GE). Recently we saw the 'Microsoft press' tilting stories in favour of Microsoft. Patent lawyers and CBS (also Microsoft-funded) do more of this [1, 2] regarding the XBox lawsuit which is the result of Microsoft aggression against Android (see our Motorola page for chronology). Recently, as discussed here, the Microsoft-controlled Nokia tried to block VP8 altogether. Pamela Jones too seems to be ready for a boyoctt of Nokia and she responded to the Microsoft lobbyist as follows:

I see folks are seeing right through Nokia and Microsoft's strategies. As KFCConspiracy put it: "When you see a company failing it never fails... It becomes a patent troll." And I'd like to highlight one other point, because FOSSPatents doesn't understand it [http://www.fosspatents.com/2013/03/nokia-comments-on-vp8-patent.html]. He got the following statement from Nokia, who of course would give it to him: "Nokia believes that open and collaborative efforts for standardization are in the best interests of consumers, innovators and the industry as a whole. We are now witnessing one company attempting to force the adoption of its proprietary technology, which offers no advantages over existing, widely deployed standards such as H.264 and infringes Nokia's intellectual property. As a result, we have taken the unusual step of declaring to the Internet Engineering Task Force that we are not prepared to license any Nokia patents which may be needed to implement its RFC6386 specification for VP8, or for derivative codecs." Remember when MPEG LA in 2011 sent out a call for anyone who could come up with a patent to block Vp8? And here comes Nokia. Remember MPEG LA's head showing up on behalf of Microsoft in the litigation in Seattle? Getting the picture? Fosspatents writes, "The way H.264 was defined definitely meets all the criteria for an open standard." No. It does not. A standard is not open if it requires paying royalties for a patent, because the GPL doesn't allow paying royalties for a patent. Linux uses the GPL. So Nokia is not offering open standards that everyone can use. This is targeting the GPL. And I believe it's been planned for a long time, that it's not just independent actors who happen to be helping each other fortuitously. The proprietary dudes want to destroy free and open, so they can make money. And they came up with a plan, one that we are watching play out. That's how it looks to me, judging from the breadcrumbs along the roadway. Android is based on the Linux kernel. There is a lot that Microsoft has done over the years to block or emasculate the GPL. SCO was part of this. Now it's Nokia stepping up to the noxious proprietary plate, and they know about the GPL, because they used to sell Linux products. And to the board: you are doing evil here. You want Nokia to be the new SCO? Why would you? No one is surprised about Microsoft trying to kill off GPL freedom, but you should be ashamed to join them. Yes. You


Slashdot has, disappointingly enough, given a platform (obviously for whitewash) to Microsoft's chief patent troll/proxy. "As a bonus on Wed. April 3, Nathan will be doing a live Q&A from 12-12:30pm PST," it says. Now watch the first comment which says: "Is the money made in patent trolling worth being that kind of scumbag?"

Rude but true. Slashdot won't actually ask that. It's just PR for Intellectual Ventures, which is the world's biggest patent troll. Sadly, large corporations like Apple (also funding Intellectual Ventures) have been joining Microsoft's attempt at patent-stacking against Android. Where are the regulators? And where is the outrage within the FOSS community? There is not enough resistance out there.

Comments

Recent Techrights' Posts

Once Again Linux Foundation Makes It Clear It's Being 'Absorbed' by Bill Gates
Linux Foundation devotes about 2% of its budget to Linux
Links 08/10/2024: Australian Fines for Twitter (X), Fake Patent Courts Still Not Scuttled
Links for the day
World Wide Slop
If it quacks like a duck...
[Meme] Driver Issues
Where do you want to drive today?
 
Gemini Links 09/10/2024: Retroware and gmlgcd 2.0
Links for the day
Links 09/10/2024: Microsoft's Surface Duo 2 Officially Dead, X/Twitter Shutdown in Brazil, and "OpenAI Is A Bad Business"
Links for the day
Technology: rights or responsibilities? - Part III
By Dr. Andy Farnell
[Meme] Bill Gates With a Side of "Linux"
Linux Foundation is trolling us with Bill Gates
IBM is a Boys' Club
If IBM collapsed, the Red Hat engineers who work on GNU and Linux would simply work elsewhere (on the same projects)
The Miserable State of GAFAM
Looking for government handouts
Microsoft is Acting Like a Company That's Running Out of Money (But Still Pretends to be Wealthy in Order to Attract or Retain Shareholders)
Azure has had mass layoffs every year since 2020, yet Microsoft keeps telling shareholders that "clown computing" is growing
Dr. Andy Farnell's Article on Societal Disorganised Attachment and the Role of Social Control Media
The article is quite long and typos were still being fixed as recently as last night
Smear Alert: Linus Torvalds Asking for Better Commit Messages Makes Linus a (Grammar) Nazi
Maybe the "mainstream media" is looking for clickbait or maybe it's actively looking to make a scandal - a phony controversy with which to make the job of coordinating Linux unpleasant
Gemini Links 09/10/2024: Climate Doom and Clagrange
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 08, 2024
IRC logs for Tuesday, October 08, 2024
Dr. Andy Farnell's Article on Why Passwords Still Rock
"Seven for a secret never to be told"
The Problem Isn't That New Cars Use Electricity But That They Use Too Many Bits of Electronics
"...and proprietary software wrapped in proprietary APIs and protocols all without a modicum of compartmentalisation," an associate adds
We're Turning 18 in 30 Days
30 days from now the site turns 18
GNOME Foundation Says It's Nearly Broke (Again), It's Getting Rid of More People (Only Women Get the Boot), and It Will Improve Communications and Transparency Even Though It Secretly Ousts People From the GNOME Foundation Board (for Secret Reasons)
It only talks about this months later (under strict gag orders, only public shaming of a person)
Gemini Links 08/10/2024: Guilt by Association, Workers vs Owners
Links for the day
Links 08/10/2024: War Updates, Samsung's Layoffs, and Gemini
Links for the day
Another Dose of Fake 'Articles' About Linux
Don't give visibility to the nonsense of Microsoft
Links 08/10/2024: Microsoft Deleting Office Documents Instead of Saving Them, "Threads Still Sucks"
Links for the day
gemini.techrights.org and techrights.org (Same Server, Not the Same Protocol)
We're reminding readers that everything in this site is fully accessible via gemini.techrights.org in Gemini Protocol
X Has Axed Itself. This is Great News and Further Affirmation of Everything We've Said About Social Control Media.
Don't waste any more time on social control media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 07, 2024
IRC logs for Monday, October 07, 2024
Gemini Links 08/10/2024: Contingency Begets Complexity, Playing With Bezier Curves
Links for the day
Almost Half the Web Users Connecting to Your Site Are Using Linux
almost 1 in 2 Web-connected devices runs Android and about 2% run "proper" GNU/Linux
The Web Has Severe Amnesia Problems, But We Still Remember How Gilberto Gil Promoted Free Software in Brazil
The Digital Tipping Point (DTP) is years behind us now
Synthesised Voices Aren't a New Technology (the Hype Might Be, They Call It "Hey Hi" Now)
I still consider this an extension of the "hey hi" (AI) hype
LLM Hype is Already Descending, Apple Stopped Investing in the Money Furnace
Wall Street is a perverse force in the technology market, incentivising the most harmful (and mostly useless) things
Change Control and What Will Come After Git (If That's Still Possible at All)
It would be wrong to believe (at least misguided) Git can be a "standard" skill 30 or 50 years from now.
On the Web, HTTPS Has Actually Become a Privacy Problem (Broadcasting Usage/Access to the All-Seeing CA Eye). Geminispace Doesn't Have This Problem.
Down to 23 capsules: the rapid demise of Certificate Authority (CA) Let's Encrypt in Geminispace
Links 07/10/2024: Politics, Education, Wars, Financial Crunch
Links for the day
Munich Was Having Real Difficulties Moving From GNU/Linux to Windows
How many are still using GNU/Linux?
Links 07/10/2024:China’s 'Deflation' (Price Decreases), Brazil Still Bars Twitter ("X")
Links for the day
Links 07/10/2024: "Creative Computing" Turns 50, Long War in Middle East Turns 1
Links for the day
Gemini Links 07/10/2024: Luck and Dishonesty, Gaming Getting Worse
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 06, 2024
IRC logs for Sunday, October 06, 2024