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

Red Hat: Thank You, Microsoft. Here's Your Paid-for Puff Pieces From Our Media Partner!
Sort of like "money laundering" (or funnelling of bribes) for bribed "journalists"
Links 13/12/2024: Military Buildup Around Taiwan, More Health Problems Associated With Social Control Media Illuminated
Links for the day
[Teaser] The EPO is Still Calling Monopolies "Products"
Coming soon
Why We Cover the Topics That We've Long Focused on (by Choice)
We'll continue to cover suppressed issues because such issues are usually obstructed
[Meme] The Reasonable Man
"The reasonable man adapts himself to the world"
 
Gemini Links 13/12/2024: Firing at Work, jujutsu, and Gemini Mode
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 13, 2024
IRC logs for Friday, December 13, 2024
Links 13/12/2024: British Journalism Awards and Censorship by Copyright Misuse
Links for the day
Gemini Links 13/12/2024: "Virtue Signaling", Gopher, HTML and the 90s Web Aesthetic
Links for the day
Maybe - and Hopefully - More News Sites Will Go "Static" (More New Material Published But Established Pages Served Directly From the File System)
Keeping things simple and light is important for the sake of scaling
[Meme] Vendor Capture for 'Civility's Sake'
"I CoCed him already"
Anonymity for Sources
At the moment we can learn about stories in person or in encrypted voice chat
What Topics We Prioritise
On fishing for topics to cover
Oligarch-Owned Media Twists the Narrative and Demands More Surveillance
Corruption is the real issue here
Windows Falls to Single-Digit "Market Share" in Benin
Windows has fallen even further
[Meme] Doing Online Activism in Social Control Media
Dictators have always loved lists
Gemini Links 13/12/2024: Creative Moods, Berkeley DB, and More
Links for the day
Microsoft Windows Falls to New All-Time Low in Guatemala (Less Than a Quarter)
When it comes to operating systems, we don't think we've mentioned it before
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 12, 2024
IRC logs for Thursday, December 12, 2024
[Meme] Leave My /home Alone
A new version of Systemd
There's a New Version of Lagrange (Gemini Reader) and Its Developer is Making an IDE/Editor
I share or reciprocate almost anything I can through Gemini Protocol
International Troll Alert by Helen Plews
Helen Plews from Cybershow has this new article
Nick's Job at OSI: Promote Microsoft, Promote Proprietary Software
This is what Microsoft pays him to do
[Meme] Award-Winning Back-stabbing Opportunists
part of the rebel alliance
The FSF (Free Software Foundation, Inc.) Can Reach Its Funding Goal of $400,000. This Bothers the Imposters and Foes of the FSF.
Software Freedom is something we must perpetually fight for
Azerbaijan Rejects Microsoft
Azerbaijan seems to have very little interest in Microsoft
Linux Foundation Pays for LLM Slop (Puff Pieces Made by Bots) About the Linux Foundation
The so-called Linux Foundation is responsible for the production of spam and slop
[Meme] You Just Grab Him by the CoC
Sponsors of Python Software Foundation... "You don't like Python's corporate sponsor?"
Explaining What Deb Nicholson Does to the Python Software Foundation
Of course the OSI, which Nicholson also occupied, still helps Microsoft attack copyleft
IBM Said to Be Firing People Days Before Christmas
IBM is entering taboo territories
Microsoft Falls to Just 11% in Ivory Coast
Microsoft tried hard to catch up in mobile
General Consultative Committee (GCC) Meeting at the European Patent Office (EPO) Shows Existing Problems
the "real problems" and why "digitalisation" doesn't solve them
Links 12/12/2024: Shell Settles With Greenpeace, DOJ Whistleblower Pilot Program
Links for the day
Gemini Links 12/12/2024: AuraGem TV and Advent of Code 2024
Links for the day
Fake "Linux" News, Produced by Microsoft Chatbots in 'Brittany Day' or "LinuxSecurity" Clothing
She's back at it
Microsoft OSI Promoting GitHub, Which is Proprietary and a Massive GPL Violator
OSI works for Microsoft, speaks for Microsoft, promotes proprietary software
Links 12/12/2024: Another 'Self-driving' Cars Dead End, Infowars Sale Blocked by Court
Links for the day
Links 12/12/2024: "Hey Hi" Hype Debunked, ActivityPub and Gemini Software on Same Server
Links for the day
Google Has Only Solidified Its Search Monopoly in Africa Since Microsoft's Chatbot/LLM Hype Started
Africa is basically a "Failed Market" to Microsoft
[Teaser] EPO is Running Out of Brains
EPO has been in the business of offering fake patents
South Korea Has Its Own Alternative to IBM's Proprietary RHEL
Owing to the Open Enterprise Linux Association (OpenELA)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 11, 2024
IRC logs for Wednesday, December 11, 2024