Bonum Certa Men Certa

Horacio Gutierrez Has Left Microsoft, But the Patent Extortion Against Linux Continues, Also by Satellites

The legacy of Ballmer and Gutierrez remains at Nadella's Microsoft

Horacio Gutierrez
Picture contributed by a reader in 2008



Summary: Reactions to the exit of Horacio Gutierrez and a reminder that Microsoft has implemented no change of strategy as it pressures Linux (with software patents) not only directly

AS we noted in our previous post, more writers now agree with us that Microsoft's patent aggression against Linux is not acceptable and probably serves as proof that Microsoft still hates Linux. Nearly a week ago it became apparent that the architect of Microsoft'a patent strategy against Linux was leaving. Mike Masnick retweeted Re/code and wrote: "This guy once spent an hour in a conference room lecturing me on just how *amazing* patent licensing is..."



That was the first time we noticed a report about it. It came from the Microsoft booster (who was among the loudest cheerleaders for the patent extortion even way back in her Novell days/era at CNET). Yes, Ina Fried covered it and her employer wrote "Spotify taps top Microsoft lawyer Horacio Gutierrez as general counsel" (it's pretty big news and it seems like Re/code may have broken the story).

"Based on reports we have been reading, we don't know if this Microsoft Mafioso has decided to quit his job or Microsoft simply told him to go (being associated with patent extortion/blackmail is enormously detrimental for Microsoft's public image)."As we mentioned him just two days beforehand (translation in Spanish was posted the following afternoon) we cannot help but wonder if some of our recent articles served to convince him to change jobs or even had Microsoft rethink its patent strategy. In the past month we got about 30 million hits at the cache level, so surely many people read about Microsoft's patent aggression (we wrote numerous articles about it, going weeks back) and some even wrote their own articles about it (partly inspired by what we had published).

Based on reports we have been reading, we don't know if this Microsoft Mafioso has decided to quit his job or Microsoft simply told him to go (being associated with patent extortion/blackmail is enormously detrimental for Microsoft's public image).

Gavin Clarke (historically a Microsoft apologist) has only just noticed -- days late! -- that this Mafioso left Microsoft. He called him "Linux Inquisitor" in the headline (strong words!) and said:

Linux and Android device makers can breath a little easier: their IP bête noir has left Microsoft.

The lawyer running Microsoft’s intellectual property inquisition, Horacio Gutierrez, has left after 18 years. He’s jumped to streaming service Spotify.

Gutierrez joined Microsoft in 1998 but ran the company’s LCA innovation and intellectual property group between 2006 and 2014.

He was in charge of Microsoft’s legal team on global patents, copyrights, trademarks, licensing, standards and regulatory compliance.


Someone told us in the comments last week: "So, will Spotify now start suing over software patents now that Gutierrez has moved? It's bad news for Spotify to get "former" Microsofters."

"Gutierrez was a Mafioso, and like some in the Mafia he was walking around in a suit."Will they basically become non-practising patent parasites? They're mostly in the area of copyrights, not patents. In fact, days ago they signed a high-profile copyright deal (beyond the scope of this article).

IAM, to its credit, was also relatively quick to report on the departure of Gutierrez. To quote: "Microsoft’s current general counsel and former head of IP Horacio Gutierrez, who was one of the major players in the company’s lucrative multi-billion dollar per year Android licensing campaign, is leaving his role to take up the corresponding position at music streaming service Spotify. Gutierrez became general counsel and corporate vice president at Microsoft after a reshuffle in November last year which saw his predecessor Brad Smith promoted to company president and chief legal officer. Prior to that – in July 2014 – Gutierrez was appointed corporate vice president and deputy general counsel in the Microsoft legal function’s products and services division."

Gutierrez was a Mafioso, and like some in the Mafia he was walking around in a suit.

"One way to stop Microsoft's patent extortion is to make it financially less viable (economically unsustainable) by convincing technology experts (who choose what to buy for their companies) to drop Microsoft contracts, effectively boycotting the company while clarifying that patent aggression is the cause."Some may be led to believe that Microsoft will soon stop its patent aggression, but there is no indication of it. Moreover, Microsoft still attacks Linux through patent proxies, including some patent trolls. IAM reminded us of RPX the other day, among other trolls (IAM does not say "trolls", just NPEs and SEPs, who are paying IAM). Several divisions of Microsoft are both SEPs and NPEs. The company acts little better than a patent troll, with a much broader patents pool. Uniloc is now flirting with the Microsoft-connected Acacia. To quote IAM: "Even with the battering that most public IP companies (PIPCOs) have weathered on the capital markets over the last few years, Uniloc’s $189 million offer for Acacia, which was announced earlier today, seems far too low. A few years ago Acacia was a multi-billion dollar business with a licensing model that investors flocked to, and which produced a steady stream of revenues."

For Microsoft to demonstrate that it is prepared to enter a peaceful co-existence with Linux it will need to not only stop its patent aggression but also stop proxies such as Intellectual Ventures from doing the same thing. One way to stop Microsoft's patent extortion is to make it financially less viable (economically unsustainable) by convincing technology experts (who choose what to buy for their companies) to drop Microsoft contracts, effectively boycotting the company while clarifying that patent aggression is the cause.

Recent Techrights' Posts

Techrights Does Not Compete With LLM Slop, It Exposes the Bastards, Plagiarists and Scammers Who Do That
People like Scam Altman, still facing a lawsuit from his own sister for sexual abuse against her
Slopwatch: Planet Ubuntu Became LLM Slop and Some People Fail to See the Immorality of Plagiarism
it lessens the incentive for people to publish real articles
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 30, 2025
IRC logs for Friday, May 30, 2025
The "AI" (Slop) Bubble Already Popped, But It's Not an Overnight Collapse
where Microsoft put its money
No More Steven Astorino at IBM, Chatter About Weekly/Nonstop Layoffs at IBM
What happened? Good luck guessing.
Looking at Corruption in Europe, Going Beyond the EPO
Expect a new series to kick off very soon
Slopwatch: Security SPAM and LLM Slop for SEO and FUD Purposes, Perpetually Tarnishing the Perception of Linux and (Open)SSH Security
A lot of this Fear, Uncertainty, Doubt (FUD) comes from Microsoft and its LLMs
Links 30/05/2025: Google's LLM Slop Pushers Are Killing Journalism and Shira Perlmutter Fails to Stop Bribed Regime From Legalising Plagiarism (in "AI" Clothing)
Links for the day
Links 30/05/2025: Offline Arts and "Threshold of Patience"
Links for the day
Signing Off Serious Lies With a Statement of Truth is No Joking Matter
It's not hard to see what's happening here
Links 30/05/2025: LLM Slop Already Ingests and Vomits Its Own Garbage, Facebook Exec Admits Copyrights a Concern Too
Links for the day
Mass Layoffs at Microsoft Result in More Whistleblowers From Microsoft
Microsoft's predatory pricing is further
EPO Poll: 68% Dissatisfied With Quality of Slop (Wrongly Framed as "AI") for Patent Classification
Slop does not work, it's just falsely advertised with extra hype (funded by slop pushers that sponsor the major media)
Big Crowds Gather to Learn About Software Freedom From the Man Who Started GNU/Linux in 1983
"It was a great success"
Microsoft Layoffs Again in Bay Area
Microsoft relies on people's false belief that being "in LinkedIn" will get you a job; well, seems like even working inside LinkedIn really sucks and you lose the job
Gemini Links 30/05/2025: Fighting Against the Bad News, and Slop is Dehumanisation Disguised as "Intelligence"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 29, 2025
IRC logs for Thursday, May 29, 2025
Links 29/05/2025: Chinese Cracking Against EU Institutions (Prague), More Assaults on Media and Its Funding Sources
Links for the day
EPO Workers Caution That the Officials Are Still Illegally Trying to Replace Staff With Slop (to Lower Quality and Validity of European Patents)
Nobody in Europe voted for any of this
Links 29/05/2025: US Health Deficit and Malware Disguised as Slop Generator
Links for the day
Links 29/05/2025: Turtle Roadkill, Modern 'Tech' as a Sting
Links for the day
Thanks for All the Fish, Linux Format
people who once wrote for it (or for other magazines) comment on the importance of this news
People's Understanding of the History of GNU/Linux is Changing
RMS is not a radical, he's just clever enough to see and foresee what's going on
Microsofters Were Scheming to Take Over This Entire Web Site (in Their Own Words!)
Money gets spent censoring/deplatforming people who speak about real issues; no money gets spent actually tackling those underlying issues
Bicycles for the Minds and the Story Harrison Bergeron
"The goal of having people in charge of the tools they use and that the tools should amplify ability" has long been abandoned
Links 29/05/2025: YouTube Problem and Giant Privacy Hole in Microsoft OneDrive
Links for the day
[Video] Cory Doctorow Explains DMCA: DRM in the Browser (or Webapp) Will "Make It a Felony to Protect Your Privacy While You Use It."
Pycon US Keynote Speaker Cory Doctorow
United States Courts With Sworn Testimonies Are on Our Side, We'll Present the Same Here
Chronicling what happened is a moral imperative
Serial Sloppers Ruin and Lessen the Incentive to Cover "Linux"
The Serial Sloppers (SSs) ought to be named and shamed, but almost nobody does this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 28, 2025
IRC logs for Wednesday, May 28, 2025